We the people of India have adopted a Constitution with secularism as one of the basic structures for the governance of the country. However, it is unfortunate that in recent years the country has witnessed the virus of communalism, religious fundamentalism and communal violence in its ugliest form several times at different places like Mumbai, Delhi, Gujarat etc. causing heavy toll of human life and property.
More particularly in Godhra gory incident (Sabarmati express train burning) in Gujarat in 2002, there were heavy causalities where the furious mob had let loose their ugly tentacles in most inhuman and barbaric way. Similarly in 1984 there was anti Sikh riot in the wake of assassination of Indira Gandhi where the death toll was 2,733. There was also communal violence in Mumbai (known as Radhabai incident) in 1992 where the causalities went up to 1,900.
That is probably the reason for which on the recommendation of the then National Advisory Council, the UPA Government wanted to present the Communal and targeted violence (Access to Justice and Reparations) Bill-2011 in the Parliament to pass a law to curb communal violence.
The Bill was opposed tooth and nail by the RSS and some States also strongly objected to the Bill in the meeting of the National Integration Council.
In this backdrop, the question is whether the existing law of the land is adequate to deal with communal violence of any kind. We are living in a country of diverse culture, race, caste, creed, colour and ethnicity. However, there is unity in diversity whenever the question of national integration, territorial integrity and sovereignty of our country comes to the fore. It is gratifying that ‘secularism’ is the life blood of the constitution. We have got multi-lingual, multi-cultural and religious groups and societies across the country but with freedom to profess religion of one’s own choice.
According to constitutional mandate, the State does not discriminate anybody on the basis of religion. People profess different religions like Hinduism, Christianity, Jainism, Buddhism, Islam, etc with their own religious identity in a vast sub-continent like India. The constitution has expressed in unequivocal terms about religious tolerance. The Statecraft and the State policy are divorced from religion. This has been reflected faithfully in fundamental rights of the citizens in part-III of the constitution. The constitutional provisions speak in laudable terms about freedom of conscience and free profession, practice and propagation of religion and gives freedom to citizens to manage its religious affairs. It has been provided that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
It also gives freedom as to attendance at religious instruction or religious worship in certain educational institutions but it is not applicable in case of educational institutions wholly maintained out of the State funds. It is striking to note that recently the outgoing president Hamid Ansari in his farewell speech said that there is a feeling of unease and sense of insecurity among the Muslims in the country, asserting the ‘ambience of acceptance’ is now under threat.
Vice-President M Venkaiah Naidu without naming anybody said Indian society is the most tolerant in the world because of its people and civilization. There is tolerance that is why democracy is so successful. He said the minorities got prominent positions including constitutional responsibility because there is no discrimination.Therefore religious tolerance is the bed-rock of the constitution.
In this context, the Supreme Court in the case of Ahamadabad St Xavier society college verses State of Gujarat has emphasized that since India is a secular State, religion has to be kept separate from State and the State can’t discriminate any citizen on the basis of religion which is the primary responsibility of the State. Father of nation Mahatma Gandhi in Harijan dated 31.08.1947 said that India is bound to be a secular State and religion is not the measuring rod to determine our nationality and as such, religion is purely a personal matter between an individual and the God. Therefore, religion should not be mixed up with politics and affairs of the State. On the same analogy, it is heartening to note that the American author George Corlin has aptly said that the State and religion should remain separate or else it would create lot of problems and if they are mixed up, the life of the citizen will be at a stake.
It will not be out of place to mention that the Communal violence and targeted violence Bill-2011 mooted by the UPA Government directed against a particular group or society. The proposed legislation was only confined to sporadic events of communal frenzy which are born out of religious bigotry, intolerance and fanaticism of a few people, groups and class of people having vested interest to satisfy their object by foul means. It is necessary to mention that in Phulbani district of Odisha in 2006, there was projection of a communal violence by media but the inside story and ground reality is that trouble started due to intense caste enmity amongst schedule caste and schedule tribe and for conversion of tribal people to Christianity.
We have a number of wholesome legislative enactments and penal laws to deal with any kind of communal violence.
The question is regarding proper implementation of the mandate of law by the executive authority to quell down such violence. On the other hand, it is very likely that the law enforcing authority would misuse such a draconian law which comes sharply in conflict with human right issues.
It can be well said that we have effective legislations like SC and ST (Prevention of Atrocities) Act-1989 and the Protection of Civil Rights Act-195. To crown it all, there is the Indian Penal Code, particularly Section-153A, 153AA, 153B and preventive laws empowering police and magistracy under Code of Criminal Procedure to bring the offenders before justice and punish the perpetrators of communal violence, organized crimes and targeted violence. When effective laws are there to take care any eventuality that may arise during communal violence and when law provides for payment of compensation to victims of such crimes and mob violence, there is hardly any justification to have a new legislation to maintain communal peace and harmony.
That apart different high courts and the Supreme Court in exercise of writ jurisdiction under Article-226 and 32 respectively are giving exemplary compensation to the victims of communal violence, organized crimes in recent years.
Concluding, there is fine chord of secularism which reverberates in the pages of the constitution and penal laws and other special legislations as referred to above, to bring about communal peace, amity and harmony in the society.
(The writer is a former Professor of law, lal Bahadur Shastri National Academy of Administration, Mussoorie. He lives at 205, Sahid Nagar, Bhubaneswar-7, Mob: 9437022723)