i. Section 295 — Injuring or defiling place of worship with intent to insult the religion of any class.

ii. Section 295A — Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs.

iii. Section 296 —Disturbing religious assembly.

iv. Section 297— Trespassing on burial places etc.

v. Section 298— Uttering, words, etc., with deliberate intent to wound the religious feelings of any person.

The Commission concluded that while there are adequate provisions in the IPC/CrPC to deal with communal offences, some of these have not been effectively used. This is partly because as per provisions of 190 CrPC, cognisance cannot be taken by a court of law except with the prior sanction of the Union or the state government or the district magistrate (in case of offences under Section 153 B and sub-sections (2) and (3) of Section 505). Such sanctions are generally difficult to procure. The Commission felt that no sanction of the Union government or the state government should be necessary for prosecution under Section 153(A) and the law should be amended accordingly.

Communal violence invariably leads to oppression, marginalisation and alienation of minorities and can be one of the reasons for the growth of terrorism. The ARC’s 7th report will provide some guidance for administrators on how communal violence can be nipped in the bud by prompt action. However, this also requires recognition on part of all our political parties that communal politics may generate short term political gains but creates long term obstacles in our effort to build a united, secular and peaceful India.

... contd.