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© 2019 IJRAR January 2019, Volume 6, Issue 1 www.ijrar.org (E-ISSN 2348-1269, P- ISSN 2349-5138)

IJRAR1BLP180 International Journal of Research and Analytical Reviews (IJRAR) www.ijrar.org 1235

Communal Violence in India and Legislative

framework to Control Riots: A Chronological Study Dalliandeep Kaur Tiwana,

Abstract

Communal violence in India is reality since time immemorial. India being the secular country is

home to the different religions and cultures. Mutual tolerance and inter-dependence upon each other

irrespective of the religion used to be the essence of the Indian society. With the advent of British

rule in India the policy of divide and rule was launched in the nation. People started fighting on the

name of the caste and religion. Violence based on religion and caste has become a distinctive

feature of Indian democratic setup today. The incident can only be regarded as communal riot if

there is element of violence in it. Prior to the independence we had witnessed number of communal

riots in the country and even after independence also. The present research work is an attempt to

analyze the incidences of communal violence in India in a chronological order and to trace the real

reasons behind such violence. Researcher has also made an attempt to look into legislative

provisions available to combact such violence in India.

Introduction

Riots based on religion and caste has become a distinctive feature of Indian democratic setup today. Whenever the

two different groups having different religion, different ideologies, which consider themselves as self conscious

communities, came into clash with each other, it fallout in to ethnic riots. The incident can only be regarded as ethnic

riot, if there is element of violence between the members of different communal identified groupsi. The major causes

for such type of riots are trivial only but the real root causes of them are different political considerations, approach to

different materialistic resources and power. Historically we had witnessed different types of communal violence since

British rule in the country. In Ahmadabad much before the independence there were different events of communal

riots in the year 1714, 1715, and 1716 and in the year 1750. According to “ Bipan Chandra, in his book

Communalism in Modern India, he stated that communal violence began to occur only in the last quarter of 19th

century but they did not occur in India on any significant scale till the year 1946-1947”ii. After partition India has

faced the communal violence almost every year. Each time ideological groups accused one another however couldn't

give any answer for stop the mutual savagery. From the very starting of the ethnic violence, parties with secular

ideologies blames the parties with communal ideologies for its occurrence and the parties with communal ideologies

blame the double policy of parties with secular ideologies, but ultimate victim of this are innocent people.

Communal riots are the major cause for disturbing peace in the country. We live in the country where there are

number of religions, cultures and languages and to maintain unity in this diversity there is need of coordination

among the different groups in the society. But actually this does not happens often there are clashes in our society for

insignificant reasons but often it takes the colour of communities and people fought among them. India as a nation

was held by our elders in the concept of brotherhood and universal peace. Historical study of India as a nation revels

that the ideas for communal peace and co-operation were its foundations. India being the secular nation, everyone has

the freedom to follow their religion. It is seen that riots does not occur spontaneously they are the outcome of

different political interests with the economic motive behind them. Since the year the year 1990 there has been a

considerable change in the pattern of communal riots. It is often seen that religious conviction is not only the reason

of these kinds of riots, it was seen that during the partition there was a clash between ideological interests of the

major political representatives of distinct political parties and it become the major cause of riots based on religioniii.

In any case, from the year1960 till the 1980s, the neighborhood ideological and monetary elements assumed a

significant job in inciting violence. The rise of “Hindutva” issues over the most recent twenty years has been a reason

Lovely Professional University, Punjab, India

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for mutual mobs right now the nearby factors have additionally helped in impelling uproars. A large portion of these

spots had an impressive level of Muslim populace whose political or monetary interests conflicted with those of the

Hindus. In addition, the significant mob violence happened in the rule of congress party in these provinces and some

of the violence took place at the time of Janta party alliance government at Center. Mob violence right now has

happened in the towns or rustic regions like the “ Biharsharif riots”, and majority of them remained unreported .

Along these lines it is essential to recognize this stage from the year 1990s in which the BJP and its sister associations

have been dynamic in prompting collective mobs. Since 1990 the communal violence need to be addressed in the

beam of changing political ideologies and equations in the country. The emergence of BJP at center along with

decline of congress party has affected the nature of communal riots in the country. In the last twenty years mob

violence is the result of handling of religious feelings of the general people by the staunch Hindu Organisations in

order to attain political gains. The politicization of the Mandir-Masjid issue and the resulting destruction of the

Mosque allowed the BJP the chance to merge its vote bank. This has divided the people on the communal lines which

have given rise to frequent incidents of communal violence in the country. Communal riots happened both at the time

of congress and B.J.P . The states like Kerala and Tamil Nadu has also seen the violence in the recent time and is

becoming the communal sensitive area. Collective viciousness has entered another stage with the Christians and

individuals from other minority religions being made the survivors of arranged assaults. Collective mobs right now

been both urban and rustic highlights, yet the degree of harm is constantly more prominent in the flourishing focuses

of exchange and trade. Ancestral populace in the rustic zones is being compelled to engage in the assaults on

Christians and Muslims by bringing them inside the Hindutva structure. Aside from financial reasons, the call for

Hindu solidarity which is fundamentally a way to accomplish political advantage is the principle hotspot for shared

viciousness right now. Ideological groups have consistently taken part in actuating and abusing collective savagery in

order to meet their discretionary advantages. In spite of the fact that collective mobs are censured in different

quarters, there is as yet complete inaction both from the organization and the decision governments in numerous

states. Though strict celebrations and parades are commonly the beginning stages of shared mobs, still adequate

security isn't given during these occasions. There is likewise very little reaction against episodes of mutual

viciousness from the common society. Till the time the ideological groups which prompt mutual mobs are casted a

ballot to control, the motivations to battle communalism won't have the option to grow completely. Mutual clash has

now become a disease of our general public. Communalism in its astonishing sign of Hindu-Muslim uproars

represents the best risk to the prosperity and soundness of society and state. Different strict and phonetic minorities

have additionally endured hugely during the most recent decades. Outrages against Christians came in sharp

concentration in consuming alive of Stein and his two minor children in a vehicle. In spite of the fact that this episode

stunned the country and the world yet Christian homes and holy places kept on being burnt in Gujarat and a few

different pieces of the nation. Against Sikh uproars in Delhi and U.P. gave a genuine shock to the solidarity of the

nation and Sikhs kept on enduring in Punjab and different spots. The Kashmiri Pundits were methodically estranged

and compelled to become evacuees in their own nation. Comparable wrongdoings by aggressors of various tones

made life hopeless for North Indians in Mumbai and North East.




Communal Violence In Post Independence Era

Sr.

No

Year Place Communi

ties and

organizati

ons

involved

Deaths Inquiry

commission

s

Remarks

1 1947 Calcutta

and

Naokhali,

Bengal

Muslims

and

Hindus

Unknown --------- This has resulted into

large scale destruction of

Hunan lives and propertyiv

2 1947 Lahore and

Amritsar,

Punjab

Muslims

and

Hindus

5000 --------- “Punjab was the worst

effected duringthe

Partition riots. It was the

key to the issue of

partition and thus to the

constitutional fate of

India. In Lahore

and Amritsar armed mobs

murdered

the people and burnt their

homes”

3 1953 Ahmedaba

d

Muslims

and

Hindus

Unknown --------- Ganapati festival and

Moharram coincidev

4 1961 Jabalpur Muslims

and

Hindus

Unknown Justice Shiv

Dayal

Srivastava

Committee

“A new phase began with

the Jabalpur

riots when local factors

started

playing an important role

in

instigating violence. This

riots were started with the

elopement of Hindu girl

with Muslim boy”.

5 1964 Rourkela,

Calcutta,

Jamshedpu

r

Muslims

and

Hindus

2000, and

mostly

Muslims

__________

Due to the business rivalry

between Muslims and

Hindus over the trade of

liquor. Administration had

given a free hand to

people in these riotsvi

6 1967 Hatia,

Ranchi

started

Muslims

and

Hindus

164

Muslims

and 19

Hindus

Raghubir

Dayal

Commission

“It batting of a students’

procession urging that

Urdu be made the

second official language

of Biharvii. 195 shops

looted and burnt, three

places of worship

damaged by arson”.

7 1968 Aurangaba Muslims 1 Hindu __________ It started with accidental




d and

Hindus

was killed injury to a cow by Muslim

boyviii.

8 1968 Assam Muslims

and

Hindus

41 Hindus

and 41

Muslims

were Killed

__________ “A cow belonging to a

Muslim trespassed into a

Hindu house. When a

Hindu boy tried to chase

the cow away, a few

Muslims beat him up”ix.

9 1969 Ahmadaba

d

Hindus

and

Muslims

512 Justice

P.Jaganmoh

a

n Reddy

“Communal riots between

Hindus and Muslims

occurred near the

Jagannath Temple in

September. The riots

spread to 25 more

Localities”x

10 1970 Bhiwandi,

Maharashtr

a

Hindus

and

Muslims

17 Hindus

and 59

Muslims

were dead

D. P. Madan

Commission

of Inquiry

“1,286 Muslims and 323

Hindus were arrested after

the riot”xi

11 1970 Jalgaon,

Maharashtr

a

Hindus

and

Muslims

42 Muslims

and 1

Hindu was

killed

D. P. Madan

Commission

of Inquiry

These riots started with

the molestation of

,married Hindu women by

Muslim youthxii

12 1970 Mahad,

Maharashtr

a

Hindus

and

Muslims

6 Muslims

and 9

Hindus

were Killed

D. P. Madan

Commission

of Inquiry

These riots were the

outcome of the

announcement of

Bhiwandi riots over All

India Radio which took

place among Muslims

and Hindus in which

around 250 people were

killedxiii

13 1972 Nonari and

Sajni, Uttar

Pradesh

Muslim

and

Hindus

1 death ________ “Violence Started on15th

November after the

murder of Harijan Leader

by the Muslims and

afterwards one hundred

seven houses of Muslims

were looted and seventy

six were set on fire”xiv.

14 1977 Varanasi,

Uttar

Pradesh

Muslim

and

Hindus

5 Muslims

were killed

__________

__

“The police instigated the

riots by going to the

Muslim locality and

beating up the weavers.

This led to a worsening of

the situation and further

clashes taking place. In

another incident the police

did

not make proper

arrangements when a

Hindu procession was

crossing a Muslim




locality. The police,

instead of firing at the

miscreants in the stabbing

incident, started firing on

the Muslims”.

15 1978 Sambhal,

Uttar

Pradesh

Muslim

and

Hindus

2 Muslims

and 23

Hindus

were killed

Riots started due to the

trade rivalry between

Hindus and Muslimsxv.

16 1978,

October

Aligarh,

Uttar

Pradesh

Muslim

and

Hindus

30 deaths _________ These riots were started as

the result of murder of

Hindu by the Muslims and

there was a procession

demanding the

punishment for this

murder, which resulted

into riotsxvi.

17 1978,

Septem

ber

Hyderabad,

Andhra

Pradesh

Muslim

and

Hindus

19 people

were killed

_______ Group started

throwing stones on a

“Ganesh procession”

Consisting more than

2000 people, this resulted

into riots

18 1979 Jamshedpu

r,

Bihar

Adivasis

(Hindu)an

d Muslims

Around 120

people were

killed and

majority of

them were

muslims

Jitendra

Narain

Commission

of Inquiry

The findings of the

commission report was

that it was a deliberate act

by the local leader and in

this not a single Hindu

was killed

19 1980 Moradabad

,

Uttar

Pradesh

Muslim

and

Hindus

Around

2000 people

died in this

riots

This violence started

between the Hindus and

Muslims during the Id-

prayers. There was a

existing business rivalry

between the two groupsxvii

20 1981 Biharsharif

,

Bihar

Muslim

and

Hindus

Around 80

people died

in these

riots

Balasubram

an

ian

Commission

set up by the

Bihar

Government

“In these riots trouble

stated in the village of

Gagandiwan having

majority population of

Muslims .Dispute started

over the piece of land

between Hindus and

Muslims. The findings of

the commission reveled

that the administration did

not take an effective

action to control the

violence”

21 1982 Meerut,

University

Press

Muslim

and

Hindus

12 people

got killed

and 30 were

injured in

these riots

__________

_

“In the elections that took

place before the riots, a

Muslim MLA was elected,

displacing the BJP

candidate. Soon after, the




riots broke out over a

trivial issue. Outside

forces, which included

the Shahi Imam of Delhi’s

Jama Masjid and some

BJP leaders joined the

fray. The worst sufferers

of the riots were the

Ansaris, Muslim

weaversxviii”.

22 1982

Decem

ber

Baroda,

Gujarat

Muslim

and

Hindus

17 people

died and 50

injured

during these

riots

_________

Communal violence

occurred when the festival

of Dussera and

Muhharram came on the

same day. There was a

clash between liquor

traders from both the

communities.

23 1983 Malur,

Karnataka

Muslim

and

Hindus

Unknown Three months prior this

violene there was a rape

of harijan women by

Muslim youth,

Immediately after that

there was a molestation of

Hindu girl. As a result

there was a communal

violence

24 1983 Malegaon,

Maharashtr

a

Muslim

and

Hindus

Unknown “There was existing

rivalry between the

Hindus and Muslims.

There was the violation of

Cow Slaughter Act, which

resulted into communal

violence”.

25 1983 Hazaribagh

,

Bihar

Muslim

and

Hindus

Hindu procession turned

into violent communal riot

when it was interrupted by

the Muslims near Jama

Masjid

26 1983 Hyderabad Muslim

and

Hindus

45 died and

150 people

were inured

O the eve of the election ,

the various political

parties like BJP, VHP,

RSS exploited the

religious sentiments of the

general public which led

to the communal tension

between the different

religious groups of the

society. During the period

of five years i.e., from

1979 to 1984 the city has

witnessed whole range of

communal clashes.




27 1984 Bhiwandi,

Maharashtr

a

Muslim

and

Hindus

146 were

dead and

611 were

injured

The communal violence

was the outcome of Shiva

ji Jayanti Procession

which was banned after

the 1970 riots but due to

continuous political

pressure exerted by Shiv

Sena , the public was

allowed to take out the

procession and which

opposed by the Muslim

community as a result

communal violence

occurred.

28 1984

October

Delhi Hindus

and Sikhs

2733 died

out of

which

majority

were Sikhs

Justice

Jaggannath

Misra

Commission

of

Inquiry

formed

in the

year1985.

In 1999,

the Justice

Nanavati

Commission

began its

Investigatio

ns.

This communal violence

took place in Delhi. It was

after the assassination of

the Mrs Indira Gandhi

then Prime Minister by

her Sikh bodyguards. It

was opined by the Mishra

Commission that it was

organized and planned

crime against one

community. Finding of

Nanavati Commission

revealed that police has

played the active role in

instigation of violence. All

the accused persons were

the important leaders of

the congress partyxix.

29 1985,

April

Ahmedaba

d

It was anti-

reservation

protest.

300 people

died.

“There is large-scale

poverty among the

Harijans and the Muslims

who primarily live in the

slums of Ahmedabad.

Therefore the Muslims

and Harijans did not

respond to a

bandh called to protest the

reservation policy by the

upper caste leaders. This

eventually led to the

burning down of their

houses and destruction of

their propertyxx”.

30 1986 Ahmedaba

d

Hindu

Muslims

275 deaths This violence took place

during the Rath Yatra

Processionxxi

31 1987 Meerut Hindu

Muslims

675 people

died

Minority

Commission

headed by

The report of commission

revealed that, authorities

were responsible for it. As




Shri

N.C.Saxena

they favoured Hindu

Community

32 1989 Bhadrak,

Orissa

Hindu

Muslims

4 Hindus

and 13

Muslims

died

________ Communal violence

started during the

Ram Navami procession

33 1992 Bombay Hindu

Muslims

More than

900 people

were dead

Justice

Srikrishna

Commission

“The repeated showing of

the debris of the Babri

Masjid by BBC instigated

more violence; a Muslim

mob attacked a temple

which added to the fury

1993 - the Shiv Sena

seemed to have been

preparing for these riots”

34 1992 Bhopal Hindu

Muslims

More than

143 people

were killed

and

majority of

them were

Muslims

Around 30,000 people

who were Muslims were

displaced. Hindu crowd

on 9th December entered

into the homes of Muslim

people.

The administration was

not able to provide the

adequate protection for

these people.

35 2001 Malegaon,

Maharashtr

a

Hindu

Muslims

13 people

died,

including

two police

officers

These riots stated over the

arrest of Muslim young

body distributing

pamphlets outside the

praying place of Muslims.

36 2002 Ahmedaba

d,

Gujarat

Hindu

Muslims

More than

30

reports have

been

prepared

by various

committees.

On March 6,

2002,

inquiry

committee

under

Justice

(Rtd.) KG

Shah and

Justice

Nanavati

Established

“The violence continued

for about a month. The

administration as well as

the government did

nothing to

control the violence and

right-wing organizations

like the VHP and Bajrang

Dal got full support in

spreading violence. The

Modi government

benefited from all this as

the BJP won the

Assembly elections in

December, 2002”.

37 2014 Saharanpur Muslim

Sikh

3 people

died

It was over the land

dispute.

38 2016 Kaliachak

Riots

Hindu

Muslims

Unknown Riots started over the fact

where the Muslim people

were protesting the




remarks made by Kamlesh

Tiwari a leader of Hindu

Mahasabha, he allegedly

made derogatory remarks

against the Muslim

Prophet Muhammed.

39 2017

July

Baduria

Riots

Hindu

Muslims

No death

was

reported

and more

than 23

people were

injured.

These riots started with

the Face-book post by 11

class student.

40 July

2017

Northern

India

Riots(Punja

b,Haryana,

U.P,

Rajasthan

&New

Delhi

Deara

Sacha

Sauda

Followers

More than

41 people

died.

Riots started due to the

conviction of Gurmeet

Ram Rahim Singh in the

rape case.

The list of the communal incidents mentioned above is not exhaustive apart from these events there were other

incidents of communal violence which has affected the social fabric of society.

Legislative Framework on Communal Violence

There are plethora of legal provisions in India relating to communal violence. Provisions combating the communal

violence are contained in number of general and special laws such as “The Indian Penal Code, 1860; The Code of

Criminal Procedure, 1973; The Police Act, 1861; The Arms Act, 1959; The Explosives Act, 1884; The Explosive

Substances Act, 1908; The Explosives Rules, 1983; The National Security Act, 1980; The Unlawful Activities

(Prevention) Act, 1967; The Prevention of Damage to Public Property Act, 1984; The Places of Worship (Special

Provisions) Act, 1991; The Press Council Act, 1978; The Prevention of Seditious Meetings Act, 1911; The Protection

of Civil Rights Act, 1955; The Religious Institutions (Prevention of Misuse) Act, 1988; The Scheduled Castes &

Scheduled Tribes (Prevention of Atrocities) Act, 1989; various constitutional provisions; etc., and other

miscellaneous provisions” Inspite of all these laws since centuries in the cases of the communal violence the

conviction rate of the perpetrators of the crimes is almost negligible.

Human rights watch (HRW) has criticized the government in India as they have failed to prosecute the senior

officials which are involved in 1984 Anti- Sikh riots and suggested the government to seek police reforms and to

make special legislations to compact communal violence in the country. Recently the national advisory council

released a draft Act which is known as Prevention of Communal and Targeted violence (Access to Justice and

Reparation s) Bill, 2011. Prior to this bill the Communal Violence (Prevention, Control and Rehabilitation of

victims) Bill, 2005 was introduced and for a long time it remained pending in Rajya Sabha than due to the lack of

political will it did not see the light of the day. The provisions of the bill of 2011 has been criticized by the

opposition i.e. BJP. This bill was presented with the object to combact targeted violence against minorities i.e.

religious and linguistic both, against Scheduled Caste and Scheduled Tribes. The objective of this purposed law was

to increase the accountability of state and to correct discriminating exercise of powers of state in the context of




identity based violence. Till now no legislation has been made to prevent the communal violence in India due to the

fact that majority of them are politically motivated for the purpose of vote bank politics.

Bibliography

i Ashtosh Varshney, Ethnic Violence and Civil Life 304 (New Havwn: Yale University Press, 2002) ii Bipan Chandra, Communalism in Modern India 4 (New Delhi: Vikas Publishing House, 1984) iii Asghar Ali Engineer, “Gujarat Riots in the Light of the History of Communal Violence,”Economic and Political Weekly, 45 , December

14, 2002. viii Asghar Ali Engineer, Communal Riots in Post Independence India, 97( Sagar Books India Ltd, 1984) ix Pannalal Dhar, Ethnic Unrest In India & Her Neighobours, 65 (Deep and Deep Publications, New Delhi, 1998) x Mohinder Singh, Social Policy and Administration in India, 184 ( MD Publications Pvt Ltd New Delhi, 1996) xi Donald L. Horowitz, The Deadly Ethnic Riots, 244 (University of California Press, Los Angles and London, 2001). xii Thomas Alber Gilly, The Ethics of Terrorism Innovation Approaches from an International Perspective 25(Chalres C Thomas Publishers

Ltd, United States of America, 2001) xiii Ibid. xviii Hilal Ahmed, Muslim Political Discourse in Postcolonial India: Monuments, Memory, Contestation, 103 ( Routledge press , 2014) xix Sanjay Suri, The Anti Sikh Riots and After, 201(Deep $Deep Publications, 2015)


https://thewire.in/history/gandhi-and-the-trial-of-noakhali

http://dahd.nic.in/hi/related-links/annex-ii-7-survey-hindu-muslim-riots-1917-1977

https://communalism.blogspot.com/2009/05/jamshedpur-communal-riots-of-1964-and.html

https://communalism.blogspot.com/2009/05/jamshedpur-communal-riots-of-1964-and.html

https://wikivisually.com/wiki/1967_Ranchi-Hatia_riots

https://www.business-standard.com/article/current-affairs/four-decades-of-communal-violence-in-up-113090900682_1.html

https://www.business-standard.com/article/current-affairs/four-decades-of-communal-violence-in-up-113090900682_1.html

https://indianexpress.com/article/opinion/editorials/forty-years-ago-march-31-1978-riots-in-moradabad-5117651/

http://www.sacw.net/article9347.html

https://www.indiatoday.in/magazine/special-report/story/19850415-anti-reservation-stir-in-gujarat-spills-over-into-communal-violence-769967-2013-12-06

https://www.indiatoday.in/magazine/special-report/story/19850415-anti-reservation-stir-in-gujarat-spills-over-into-communal-violence-769967-2013-12-06

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