Communal riots in India over the years have turned from spontaneous manifestations of local conflict between communities over resources, faith or politics to more organised political pogroms against a minority community. The 1984 riots against the Sikhs soon turned into a violence that was politically instigated and supported, and finally explained away by Rajiv Gandhi in the most cavalier fashion. The intermittent violence as the Hindutva campaign of the BJP/VHP built up momentum with L.K. Advani’s rath yatra and culminated in the demolition of the Babri Masjid, was politically backed. Whether initially spontaneous or planned, they all eventually showed a macabre preparation that came into play. Those like Bilkis may show determination to fight the system and find justice, but can individual grit alone reverse this dreadful situation?

Finally, as we grope for solutions to the hydra-headed monster of communal riots, the question remains: Will a law on communal riots help us tackle the menace? This leads us to another question: What is required to tackle collective and communal violence?

Communal riots can normally be treated as a social aberration, and the local administration is responsible for tackling it. When it acquires a political hue, which it has lately, then it is wholly different in scale and implication. The local administration in such a case is handling a double-edged weapon, which is sharp enough to cut them both ways. Obviously, in such a case, any law could become toothless.

However, in the first case, the local administration, and the police in particular, has sufficient legal instruments both in the Cr PC and the IPC. Sections 41 (arrest without warrant), 42 (refusal to give name and address), 46 (use of necessary force for arrest if required), 149 (prevention of cognisable offence), 151 (preventive arrest on knowing of a design) and others are effective instruments in the Cr PC. Sections in chapter 6 of the IPC make waging war against the state, conspiracy and sedition a cognisable offence. Sections 120 A & B as well as 153 A are harsh enough against those promoting disunity in society as well as hatching criminal conspiracy to create communal disharmony. Then there are provisions against offences at places of worship.

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