Notes on Communalism, Communal Harmony and Secularism in India

1. Introduction

Communal ideology is a diversion attempting to pre­vent radical progressive movements. It ties in conveniently with a post-nationalist phase where the middle-class does not wish to see the widening of the social base providing access to power and resources.

Communal ideology is antithetical to liberal and radical thoughts and action. Where it sees thwarted it does not hesitate to recruit the urban underclass or lumpens in an effort at criminalizing activities and thereby holding society to ransom.

2. History of Communalisation

As Indians mostly Hindus, begin to set up associations to express political, economic or social demands in different parts of India in the 1880s, followed soon by a move to establish an all-India organization, the British strategy changed.

The overt attitude of hostility to Muslims was changed to one of patronage. In 1877, Sir Syed Ahmed Khan founded the Mohmmedan College at Aligarh for the purpose of introducing English education among the Muslims. Under the influence of British teachers of the college, Sir Syed finally turned away from cooperation with the Na-establishment of the Congress in 1885.

At this stage the British authorities were trying their best to direct the growth of consciousness among the Muslims along the line of distrust and suspicion towards the Congress, identifying the later as Hindu organization.

The All-India Muslim League was established in 1906. The Morley-Minto Reforms (1909) put the seal of official approval on the doctrine of minority representation on the basis of the concept of religious communities. It was a pernicious doctrine.

The Congress strategy for securing co-operation and participation of the Muslims in the Nationalist Movement was one of “Unity from Above”, i.e., pacts and agreements with the leaders.

The first and foremost reason for Hindu-Muslim discord was the tendency of the Muslim masses to keep themselves aloof from the majority community and isolate themselves from the secular-nationalistic politics of India. Many Muslim organizations and individuals preached that Muslim Com­munity should organize itself separately to protect its interests, culture, language and religion.

The Jamaat-e- Islam advised the Muslim not to take part in the first General Election under the Constitution of Independent India, on the ground that election would not establish an Islamic State. A section of the Jamaat-Ul-Ulemas Hind, also talked of the same thing. The remnant of the Muslim League demanded in 1948, separate electorates for the Muslims.

Similarly, Hindu chauvinism existed in the pre-Independence period; it was then fomented by the Hindu Mahasabha, the Arya Samaj and the Rastriya Swayam Sewak Sangh (RSS). These organizations emphasized Hindu Culture in a “predominantly Hindu land,”stressed Hindutva, Hindu Rastra and Hindi Bhasa (Hindi). The culture of not only the British but of the Muslims as well was depicted as ‘alien’.

The real leadership of Hinduism passed into the hands of the Jan Sangh, political wing of RSS, in 1951.

Communal ideology was burgeoning forth during 1938-1946. But large scale violence occurred only during 194647. There was no communal violence in Punjab during 1948-31, but that is when the basis for violence of the years since 1982 was being laid.

3. Secularism

Secular State is by definition one which sees individu­als as equal citizens of a society in which no religious or social stratifications are recognized as the basis for exer­cising political rights.

Since its use first in 1648 at the end of 30 years war in Europe to refer to the transfer of church property to the exclusive control of princes, secularism has been a critically important development as a system of social ethics based upon a doctrine that as far as state activities are concerned, ethical standards and conduct should determine exclusively with reference to the present life and social well-being without being reference to religion.

Secularism since then has implied, that there is no State support for religious bodies, no religious teaching in State schools, no religious tests for public office or civil rights, no legislative protection for any religious dogmas and no penalty for any questioning of or deviation from religious belief. In this context a secular State is by definition one which sees individuals as equal citizens of a society in which no religious or social strati­fication recognized as the basis for exercising political rights.

4. Constitution of India and Communalism

Gandhism could not play a creative role after Indepen­dence either in field of social justice or in the field of religion. Its real spirit died with Gandhi himself. Never­theless, the Constitution of India adopted for this kind of secularism which comes out from Article 25 to 30 providing for freedom of religion and protection of cultural and educational rights of minorities, as well as some other Articles.

First, it guarantees freedom of religion to individu­als as well as to religious groups. Second, it guarantees equality of citizenship that is no discrimination on grounds of religion (Article 15.1), equality of opportunity in public employment (Article 16.1.2), no discrimination in educa­tional institutions (Article 29.2) and no communal elector­ate (Article 325), although there is a special provision for reservation of seats for scheduled castes and scheduled tribes (Article 330) 1 and 332). Third, it provides for separation of State and religion, that is, no special taxes for promotion of religion (Article 27) and no religious instructions in State educational institution (Article 28). The provisions in these articles make clear that the intention of the Constitution is neither to oppose religion nor to promote a rationalization of culture, but merely to maintain the neutrality and impartiality of the State in matters of religion.

5. Legal Provisions

The existing legal provisions, both preventive and punitive are adequate enough to prevent and suppress communal riots.

Code of Criminal Procedure, 1973

Section 151: Under this Section, a police officer is empowered to arrest, without a warrant, a person designing to commit a cognizable offence.

Section 144: The Section deals with cases urgent in their character, of either nuisance or apprehends danger. An order under this section can be passed only by an Executive Magistrate and Commissioner of Police; the order may be directed to a particular individual or to persons residing in a particular area, or to the public generally when frequenting or visiting a particular place or area.

Section 145: An Executive Magistrate, on receipt of police report can take action under this Section whenever disputes between parties regarding possession of land or right of its use as an casement or otherwise threatens to develop into riots.

Likewise, there are other laws to prevent riots like Section 129, Section 130, Section 131, Section 132 and Section 106.

Curfew order is imposed by an Executive Magistrate and Commissioner of Pohce under Section 144 of the Code of Criminal Procedure to prevent stabbing, looting and arson particularly when a more stringent application of Section 144 becomes a necessity. In quite a larger number of cases, the spread of communal riot could be averted by prompt imposition of curfew and its effective enforcement. Violation of curfew order is a cognizable offence and punishable under Section 188 I.PC.

IPC Section 295 to 298 deals with offences relating to religion.

Section 141 IPC defines unlawful assembly; Section 142 defines who is a member of unlawful assembly; Sections 143, 145, 146, 147, 148 and 149 I.P.C. lay down punish­ments for being members of an unlawful assembly, riot etc., and constructive liability of each member of an unlawful assembly for acts done by others.

Section 153—A (c) I.P.C. and widening of its scope by Criminal and Election (Amendment) Act of 1969 has given a powerful instrument to those District Magistrates and Superintendents of Police who are really alert in preventing communal riots.