Frontline

February 2000
Document



Communal Riots: Prevention and control

 

BY Iqbal Ansari

The National Commission for Minorities appointed a Committee on Communal Riots on Dec.10 1997 "to suggest effective legislative and administrative measures for the prevention and cure of the evil of communal riots" in the country with Justice V.M. Tarkunde as chairman, Soli J. Sorabjee as vice–chairman and myself as convenor. Rajeev Dhawan was one of the members.

Unfortunately, Sorabjee and Dhavan could not continue their association with the committee. Finally I was asked by the chairman professor Tahir Mahmood to submit the report on my own behalf. The report was prepared by me in consultation with Tarkunde and submitted to the commission on March 8, ’99 and subsequently sent to the central government and governments in the states and Union Territories for necessary action.

Communal and other inter–group riots in a country like India with its religious, social and cultural diversity cannot be treated as merely a law and order problem. They are manifestations of collective behavioural disorder which can be ultimately traced to minds and hearts of people, which get tainted by exposure to anti–liberal and anti–humanistic ideas current in the family, educational institutions and the media based on inter–group prejudices and stereotypes. These tainted sentiments and attitudes get activised during periods of political and social mobilisation by elite groups who are engaged in intra– or/and inter–community competition for control over political power and national resources. The conflict situation becomes more sinister with disastrous consequences when dominant religio–cultural–political formations make all out bid to come to power by targeting minorities and when the state fails to uphold the rule of law.

In this report we have confined ourselves to suggesting, legal and administrative measures for (i) prevention and (ii) control of riots; and for (iii) fixing official responsibility of failure, and speedily bringing to justice the guilty; and lastly to (iv) provision of adequate compensation under law to all victims of riots.

Summary of recommendations

Section I: Preventive Measures

We recommend the following measures for prevention of riots:

Setting up a Statutory Community Relations Commission (CRC) at the national level comprising jurists, sociologists, historians and specialists in ethnic conflict resolution for (i) study and research on sources of inter–group conflicts (ii) monitoring of current inter–group relations (iii) prediction, warning and management and peaceful resolution of conflicts (iv) initiating legal action against those involved in fomenting communal hatred, ill–will and disharmony.

1.1 The CRC to have regional units and units in selected districts and to work in liaison with NGOs and district officials.

1.2 District Peace/Ekta Committees as well as Mohalla Committees (as experimented by IPS officer S.A. Khopade in Bhiwandi since 1989) to function under the supervision of the CRC.

1.3 The CRC to be provided with the services of Special Public Prosecutors to initiate legal proceedings under Sections 153A, 295 & 505 and other provisions of the IPC & CrPC.

2. Constituting Special Intelligence Units at the national and state levels, as recommended by the NIC, for collecting of intelligence specially related to communal disputes and tensions.

2.1 A specially trained cadre of intelligence personnel to be raised comprising persons drawn from all communities, with adequate representation of minorities.

2.2 Personnel involved in collection of intelligence to be given due recognition and status to make the service attractive for competent persons with special aptitude for the work.

2.3 The law courts to dispose of cases u/s 153A, 295, 505 etc. expeditiously on a day–to–day basis.

2.4 Enactment of Central Political Activities (Regulation) Act prohibiting any political activities that engenders or aggravates communal tension, especially such activities that seek domain of one religion or culture over others. The law to provide for a Commissioner of Political Parties and empower the Election Commission to disqualify parties promoting communal disharmony, on the report of the Commissioner.

2.5. Right to procession — religious, social or political — to be strictly regulated, licensing of processions to be subject to adherence to prescribed route, slogans and placards and use of loudspeakers/musical instruments, and videography of processions.

2.6 Regular monitoring and periodic review of the writings in the press, especially in local and regional newspapers and certain political organs, by a special committee at state and district levels.

2.7 Amending the Press Council Act to empower it to initiate legal proceedings against erring newspapers/periodicals in the event of serious offences especially publication of false stories during riots arousing communal passions.

2.8 The National Council of Educational Research and Training (NCERT) and the University Grants Commission (UGC) may be required by law to appoint Standing Review Committees to examine all reading - teaching material used at primary, secondary and undergraduate levels to ensure that they help remove inter–community prejudices and inculcate values of tolerance and peaceful coexistence of various religions and cultures.

Section-II: Measures of Proper Control of Riots

1. State Security–cum–Administrative Commission (SAC):

To make the DM and SP responsible for prevention and timely control of riots, the officials and the police must be ensured independence from political interference, for which we recommend setting up of a statutory Security–cum–Administrative Commission (SAC) in every state.

1.1 The Commission (SAC), besides laying down policies for transparent functioning of the police and the district administration as impartial enforcer of law and reviewing their performance on a monthly, quarterly and yearly basis will control and review appointments, postings, transfer and suspensions and other penal actions or promotions of senior administrative and police officers.

1.2 Statutory watchdog and district level bodies comprising DM, SP and some retired judges, administrators, academics and social workers resident in the district to function to ensure transparency and accountability.

1.3 The State Security–cum–Administrative Commission to suitably amend service rules of civil servants and police personnel providing for necessary penal action in the event of any serious dereliction of duty during communal riots.

1.4 The SAC in consultation with Human Rights and Minorities Commissions of the state concerned to appoint an Inquiry Commission headed by a sitting or retired High Court judge to determine the failure of the DM and SP and other officials and to fix responsibility in the event of a riot continuing for more than 24 hours and casualties exceeding three.

1.5 In the event of casualties exceeding twenty the Inquiry Commission to be appointed by a panel of chairmen of NHRC, the NCM and SAC of the state.

1.6 The government shall not have the power to reject the findings and recommendations of the Inquiry Commission.

1.7 On the basis of the Inquiry Commission’s report the SAC will take disciplinary action including criminal legal proceedings against erring officials.

2. Screening and Training of Police Personnel: Screening of all personnel of police and paramilitary forces and other law–enforcement agencies for ensuring secular/non-communal attitude and outlook.

2.1 Training programme of law-enforcement personnel to include general courses in human rights and special course components on removal of prejudices and negative stereotypes of Muslims and other minorities and vice–versa.

2.2 Police officers to attend regular seminars on communal relations and inter–group conflict resolution and also on studies based on previous major riots wherein causes of failure have been objectively analysed for future use.

3. Adequate representation of Minorities in the Police System

To achieve the objective of making the social composition of police system diverse, wherein minorities get adequate representation so that the likely biases in the police personnel get neutralised and the minorities feel reassured and repose confidence in the law–enforcing agencies, it is imperative that a quota of 25 per cent is fixed for minorities in all wings of the law–enforcement machinery till a balance is restored.

3.1 It must be kept in mind that desirability of giving adequate representation to minorities in the police system has been expressed by the NPC, the PM’s 15–point programme on minorities and also by official Inquiry Commission Reports and by Justice V.M. Tarkunde and V.N. Rai, IPS, among others.

4. Use of Firearms by the Police

We recommend use of non–lethal methods for crowd/riot control. Firearms to be used only when there is serious imminent threat to life (and not to property) and when all other methods have been exhausted.

4.1 State Manuals on the use of force and riot control schemes to be amended in accordance with the UN’s Basic Principles on the use of Force and Firearms (1990).

4.2 The direction to the police for vigorous use of firearms at the initial stage of a riot to shoot to kill substantial number of persons for deterrence is unlawful and has been the cause of indiscriminate and ruthless use of firearms against innocent people by the police It must be withdrawn.

4.3 The policy of the police either to make excessive use of firearms or to become passive spectators to scenes of violence caused by confused political misdirections must be replaced by a rational and steady policy based on humane norms.

4.4 Involvement of the Mohalla and District Peace/Ekta Committees as envisaged in Section I for prevention of riots, must be ascertained in control operations for countering rumours, persuading mobs to disperse, enforcement of curfew, supply of essential commodities and rescuing people under threat.

Section III: Measures for Punishing the Guilty

1. For registration of cases, centres to be opened in all affected localities and in registering cases police officers to be assisted by the Mohalla Ekta Committees (working under CRC).

2. Special Investigation Squads of unbiased mixed community composition and special prosecutors to function under the Inquiry Commission to be constituted as recommended in Section II 1.4 & 1.5

3. Special courts to be set up or specially designated courts to try riot related cases. ‘Riot related cases’ will include leaders involved in instigating riots and administrators and police personnel charged with dereliction of duty.

4. Special trial procedure to be provided for in a comprehensive central law on communal and other riots, which on the one hand will take cognisance of the special circumstances of public disorder during riots and on the other hand will not dispense with or abridge the right of the accused to proper defence.

5. A reasonable time schedule for conduct and completion of trial and appeal to be laid down and to be adhered to.

Section IV: Compensation to Victims of Riots

1. The Statutory Recommendation of the NCM to all state governments for payment of uniform compensation of Rs.2 lakhs with interest to the families of all those killed in the riots in any part of the country according to the Delhi High Court judgement delivered by Justice Andil Deve Singh on 5 July 1996 should implemented in all riot cases after 1984.

1.1 The National Human Riots Commission should direct the governments of concerned states to take steps for uniform payment of Rs. 2 lakhs with interest to the families of all those killed in riots since 1984.

1.2 Ad hoc tribunals may be appointed by state governments concerned to determine the loss of life during riots in each state since 1984.

2. Enactment of a central law on communal (and caste) riots to be adopted by all states and Union Territories with provisions, inter alia, for restitution of rights and payment of compensation for loss of life or property or injuries caused during riots.

3. The Inquiry Commission as provided for in Section II clause 1.2 to be made further responsible for determining losses of life and property and injuries and social and economic dislocation suffered by victims and the amount and kind of compensation to be paid to each sufferer.

3.1 The Inquiry Commission will fix responsibility of individuals and organisations for causing riots and of officials for dereliction of duty and determine their liability to pay compensation to the victims. Liability of ministers for compensation will also be determined by the Commission.

3.2 The Special/designated courts trying cases arising out of riots must combine the determination of guilt and compensation aspects, wherever required.

4. Some Special Riot Insurance Scheme may be made available to all persons residing in riot prone places, where premium for the poorer sections must be paid either fully or partly by the government.

 



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