Ever since the UPA Government came to power in 2004 there started a cacophony about bringing a stricter law to prevent communal violence in the country. In its first term the UPA Government had, as its alliance partners, the Left parties as well as leaders like Lalu Prasad Yadav and Ram Vilas Paswan etc. It may be worthwhile to recall that it were these very people who had launched a massive campaign of disinformation about the then existing anti-terrorism law called the Prevention of Terrorism Act (POTA). They finally succeeded in getting the POTA repealed on the specious ground that it was being used to harass innocent Muslims. Any amount of statistical data contrary to their false claims against POTA wouldn't convince them because the main objective behind the campaign against the POTA was to play the same old game of vote-banks. Incidentally after the 9/11 attacks on the Twin Towers in New York many countries in the world including America have introduced fresh stringent laws against terror while India became the only country to repeal the existing laws thus leaving the security agencies without any instrument to tackle the huge challenge of terror.
Not content with repealing the existing anti-terrorism laws the new UPA Government decided to bring in a new act in the name of preventing communal violence in the country. Although sounding noble, it was clear from day one that the real motive of the protagonists for this act was to harass the Hindu groups and organizations in the country. For them the violence in Gujarat in 2002 became a good excuse to justify introduction of a law that would prevent what they described as the 'Majoritarian violence against the hapless Minorities'. Leaders like Lalu Prasad went to the extent of making ridiculous suggestions that carrying sticks should be banned under the new act. For him the stick is identified with the RSS uniform.
Finally the UPA Government did introduce a draft Bill in the Parliament in 2005. It was described as THE COMMUNAL VIOLENCE (PREVENTION, CONTROL AND REHABILITATION OF VICTIMS) BILL, 2005. Official declaration described this bill as below:
A bill to empower the Sate Governments and the Central Government to take measures to provide for the prevention and control of communal violence which threatens the secular fabric, unity, integrity and internal security of the nation and rehabilitation of victims of such violence and for matters connected therewith or incidental thereto.
The draft Bill was placed before the Parliament in December 2005 by the then Home Minister Sri Shivraj Patil. Since the intentions of the Government of the day were suspect there was opposition from various quarters to the draft. As mentioned above the draft talks of imposing a ban on even lathis – sticks, calling them weapons. However the draft Bill does make some significant points. It sufficiently empowers the State Governments as stakeholders in preventing communal violence. It also extends the application of the Bill to all forms of communal violence by all groups, irrespective of their religion or social background.
Objections from Muslim and Christian Groups
However the Bill didn’t find favour with anybody. Leaders of several political parties felt that the draft Bill provides sweeping powers to the Central Government thus undermining the authority of the State Governments. But the most vocal opposition to this draft Bill came from the Muslim, Christian and pseudo-Secular quarters. Their contention was just the opposite of what the political leaders were saying. In the eyes of the so-called civil society groups and Muslim and Christian groups the 2005 draft Bill is completely toothless. They argued that the Bill lacked accountability. They demanded that the powers of managing communal violence be vested in non-Government actors and make governments and administration accountable for communal violence.
The All India Christian Council was in the forefront of this campaign against the draft 2005 Bill. In a letter written to the Prime Minister the AICC conveyed the following concerns about the draft Bill, by then revised once and called the Bill – 2009.
1. The Bill doesn’t adequately address the question of hate campaigns and the “communalisation process” (i.e. hate speech published in local language media) that precedes communal violence. This well-studied phenomenon of activities, some already illegal but not often prosecuted, is a root issue.
2. The Bill doesn’t take into account the demography and pattern of living of various communities. Specifically, anti-Christian violence is normally dismissed by public officials as “sporadic” (although there may be a serious incident daily in some areas). Because other minorities live in concentrated or contiguous areas, those “communally disturbed areas” are more easily identified. In Orissa, Kandhamal would likely not fit the Bill’s definition but we know what happened there in 2007-2008.
3. The Bill doesn’t give States guidelines on reparations and compensation. We need a uniform national policy as well standards on the assessment of damages after riots in order to prevent ghettoisation.
4. The Bill doesn’t fully address police and administrative impunity properly or adequately. The “good faith” clause, which exempts police and public servants from prosecution unless there is permission from the executive branch, is a major concern.
The Muslim bodies too had started a protest campaign against the draft. More than 20 Muslim scholars and leaders, under the leadership of Syed Shahbuddin, issued a statement arguing against the draft Bill. They wanted provisions to make police and civil administration and state authorities accountable. The Joint Committee of Muslim Organisations for Empowerment (JCMOE) has made the demand on behalf of these organizations. JCMOE also urged the government to convene a meeting of leaders of targeted communities to note their views on the bill.
“The Bill does not make police or administration or state authorities accountable and provide for timely and effective intervention by the National Human Rights Commission, if the communal violence spreads or continues for weeks, or by the Central Government under Articles 355 and 356 of the Constitution, duly modified. On the other hand, ironically, the Bill grants more power to the local police and administration, which, more often than not acts in league with the rioters by declaring the area as ‘communally disturbed area’” JCMOE statement said.
“The undersigned call upon the Government to provide for prompt registration of communal crimes, their urgent investigation by special agencies and prosecution of identified culprits, including policemen, administrators and politicians, in Special Courts with Special Prosecutors, who are acceptable to the victims and in such cases the provision of prior sanction of the government should not apply to such culprits. The undersigned also demand a uniform scale of compensation for the whole country, irrespective of religion of the victims or the culprits or the venue of communal violence, for loss of life, honour and property and as well as destruction of and damage to religious places with the provision to revise the scale every 10 years and assessment of losses and damage by a Special Commissioner from outside the state occurrence.”
“The undersigned, for the reasons mentioned above do not find the Bill of 2009 acceptable and request the Government not to introduce it in a hurry without consulting the representatives and leaders of the civil society, particularly the communities which are generally targeted and to revise the Bill in the light of their suggestions and observations.”
The Muslim leaders have requested “all secular forces, the civil society and the political parties represented in the Parliament to press the Government to revise the Bill before introduction in order to remove the inadequacies, defects and flaws which have been pointed out and objected to by the targeted communities, in order to assure them of absolute Equality before Law and guarantee their Security and Dignity.”
What is interesting and important to note is that these two statements, the Muslim and the Christian, come at around the same time as though they were premeditated. Simultaneously the so-called civil society, a euphemism for pseudo-Secular intelligentsia, too started raising the pitch against the draft.
From their arguments in opposition of the draft Bill it is clear that they wanted a Bill that would consider only the Christians and Muslims as the “generally targeted” victims of communal violence; that the word ‘communal violence’ be defined in such a way that only the Muslims and Christians are treated as victims and Hindus as ‘rioters’; that the local police and administration, including the State administration, is always hand-in-glove with the perpetrators of violence; that the Bill should empower the Central Government to invoke Art.355 and 366 of the Constitution in the event of communal violence.
Since the Prevention of Communal Violence Bill – 2005 as amended as Prevention of Communal Violence Bill – 2009 doesn’t discriminate the perpetrators and victims of communal violence on religious grounds and also it envisages the State administration as an equal stake holder in preventing such violence these groups wanted the Bill to be withdrawn.
It is around that time that the new National Advisory Council – NAC - had been constituted by the UPA Government under the chairmanship of Ms. Sonia Gandhi. The UPA Government promptly handed over the matter to the newly constituted NAC and asked it to come up with a fresh draft.
History of Communal Strife in India
India has a long history of communal strife between various communities. Before Independence the country’s history was replete with worst communal violence. Post-Partition the scale of communal violence has come down considerably although it has not been completely mitigated. Sporadic incidents of violence continued and occasionally some major riot would take place here and there. Most of the communal strife and violence in the country occurs in places where the specific Minority groups, especially the Muslims are in greater numbers.
Under Rajiv Gandhi, the Union Government had embarked on identifying communally sensitive districts in the country and ended up identifying mostly those districts that have Muslims as the demographic majority. Some of the communally sensitive spots in the country like Mumbai, Hyderabad, Ahmedabad, Lucknow, Meerut, Delhi, Kolkata etc have large presence of Muslims.
This one factor negates the propaganda that the Hindus are the perpetrators of communal violence. There is a general global understanding that the majority is always a bully and the minority a victim. However in India we don’t have such majorities and minorities. Secondly the country remains largely peaceful essentially due to the demographic majority of the Hindus only. There are enough instances in our country where the so-called minority groups were found to be the instigators and perpetrators of communal violence.
Hence the basic premise that the Majority community – read Hindus – are the perpetrators of communal violence in India and the minority – read Muslims and Christians – are the victims is essentially wrong. Equally wrong is the premise that a particular government or party is good in governance and the other bad. History of India provides enough evidence to suggest that highest number of communal clashes take place in Congress-ruled states and in many instances of communal violence political interests too play a vital role.
Writing in Economic and Political Weekly author of the book Communal Riots in India Steven I Wilkinson observes: “In the book I highlight examples of Congress and Muslim League politicians’ complicity in partition-era riots in Bihar, UP, and in Calcutta (pp 5,74). I also point out that in the post-independence era Congress has at times benefited electorally from Hindu-Muslim violence (p 50) and I find that we can identify no robust statistical relationship between Congress rule and the level of riots, a result I attribute to the widely varying communal character of the party and its leadership across time and place (p 153). Lest anyone be in doubt about my position, I say on p 153 that “at one time or another, Congress politicians have both fomented and prevented communal violence for political advantage. Congress governments have failed, for example, to prevent some of India’s worst riots (e g, the Ahmedabad riots of 1969, the Moradabad riots of 1980, and the Meerut riots of 1987) and in some cases Congress ministers have reportedly instigated riots…and have blocked riot enforcement.”
Following chart shows the major incidents of communal violence in Indian between 1947 and 2003.
Year City/State Casualties/Injured C.M. Ruling Party
1947 Calc/WBengal 5000/25000 Prafull Ghosh Congress
1947 Punjab 5000/3000 Gopichand Bhargav Congress
1964 W. Bengal 2000 Prafull Sen Congress
1967 Ranchi/Bihar 183 Mahamaya Prasad Congress
1968 Asam 82 B.P. Chalina Congress
1969 Gujarat 512 H. K. Desai Congress
1970 Maharashtra 120 V.P. Naik Congress
1972 Nonari / U.P. 76 K. P. Tripathi Congress
1977 Varanasi / U.P. 5 Ram Naresh Yadav Janata Party
1978 Sambhal / U.P. 25 Ram Nresh Yadav Janata Party
1978 Hydrabad/ A.P. 19 J.Vengal Rao Congress
1979 Jamshedpur/Bihar 120 Karpoori Thakur Janata Party
1980 Moradabad/ U.P. 2000 V.P. Singh Congress I
1981 Biharsharif/ Bihar 80 Jagannath Mishra Congress I
1982 Meerut / U.P. 12/30 Sripati Mishra Congress I
1982 Baroda / Gujarat 17/50 M.S. Solanki Congress I
1983 Malur/Karnataka Ramkrishna Hedge Janata Party
1983 Malegaon/Maharashtra VasantRao Patil Congress I
1983 Hazaribagh/ Bihar ChandraShekher Congress I
1983 Hydrabad / A.P. 45/150 N.T.Ramarao TDP
1984 Maharashtra 146/611 VasantRao Patil Congress I
1984 Delhi 2733 Central Govt. Congress I
1985 Ahemdabad 300 M.S. Solanki Congress I
1986 Ahemdabad 59/80 Amarsinh chodhary Congress
1987 Meerut/ U.P. 3000 Bir Bahadur Singh Congress
1989 Indore 27 Moti Lal Vora Congress
1989 Kota/Rajasthan S. C. Mathur Congress
1989 Bhadrak/Orissa 17 J.B. Patnaik Congress
1990 Gujarat 265/775 ChimmanbhaiPatel Janata Party
1990 Jaipur / Rajasthan 72/644 B.S. shekhawat Janata Party
1990 Uttar Pradesh 94/69 Mulayam Singh SJP
1990 Delhi 100 Central Government
1990 Assam 37 P.K. Mahantha AGP
1990 Maharashtra Sharad Pawar Congress
1990 Bihar 996 Jagannath Mishra Congress
1990 Madhya Pradesh 13/150 Sunderlal Patwa BJP
1990 Karnataka 60 S. Bangarappa Congress
1990 Hydrabad/A.P. 299/350 M.Chenna Reddy Congress
1991 Banaras/U.P. 50 Kalyan Singh BJP
1991 Baroda/Gujarat 66/170 Chimmanbhai Patel Janata Party
1992 Sitamarhi/Bihar 44 Laloo Prasad Yadav Janata Dal
1992 Surat/Gujarat 200 ChimmanbhaiPatel Janata Party
1992 Bombay 1000 Sudhakarrao Naik NCP
1992 Bhopal/M.P. 143 Sunderlal Patwa BJP
1995 Madras/Tamilnadu 4 Jayalalita AIADMK
1995 Karnataka ½ HD Devegoda Janata Dal
1995 Kerala 2 AK Antony Congress
1995 Bihar 5 Laloo Prasad Yadav RJD
1995 Hydrabad/AP 2/100 Chandrababu Naidu TDP
1998 Ajmer/Rajasthan 25 B S Shekhawat BJP
1998 Moradabad/UP 3/50 Kalyan Singh BJP
1998 Hydrabad/AP 4/16 Chandrababu Naidu TDP
1998 Munger/Bihar 3/39 Rabri Devi RJD
1998 Suratkul/Karnataka 12 JH Patel Janata Party
1999 Surat/Gujarat 7/27 Keshubhai Patel BJP
2001 Nalanda/Bihar 8/6 Rabri Devi RJD
2001 Moradabad/UP 6 Rajnath singh BJP
2001 Maharashtra 2/30 Vilasrao Deshmukh Congress
2001 Malegaon 16 Vilasrao Deshmukh Congress
