India is a country with many distinct religions and ethnic groups, and residents from all of these groups coexist here. More than eight of the world’s major religions, including Hinduism, Islam, Christianity, Judaism, Buddhism, Jainism, Sikhism, and Zoroastrianism, can be found in India. With more than 1600 different languages, India is also the most culturally varied nation in the world. Although there are different cultures in each state, they all coexist harmoniously. The Tibetan Spiritual leader, Dalai Lama once said “Religious tolerance and harmony is possible to achieve. And India is an example of this. India is the only nation where people from all religions have co-existed harmoniously since centuries,”[1] However, there has been a recent change in the rise of racial and religious intolerance and violence towards marginalized groups. The roots of communal violence in India can be traced back to the India-Pakistan partition, which resulted in extensive bloodshed, forced relocation of millions of people, and the displacement of millions more, as well as more than a million fatalities. Riots, violence, the rise of hate speech, online trolls, fake news, and media trials, child abduction, cow vigilantism are a few factors or causes of the rising cases of communal tensions in modern Indian history.
COMMUNAL VIOLENCE AND INTOLERANCE IN COTEMPORARY INDIA
In recent communal violence that shook the nation, a violent clash between a group of young men and the Vishwa Hindu Parishad during a religious procession resulted in more than 20 police officers being hurt, cars being set on fire, more than 5 people dying, and more than 200 people being injured in the Nuh district of Haryana.[2] This incident is not the first of its kind; Ahmedabad riots in 1969, Sikh riots in 1984, Meerut riots in 1987, Godra riots in 2002 were some horrifying example of communal brutality in the past, there have been several more ones that go unreported and those that are publicized reveal the appalling conditions of religious minorities. These occurrences are also harming India’s image as a nation that values peace and unity. Recently, riots and acts of community violence have been linked to festivals. Ram Navami celebrations in March 2023 were derailed by violent confrontations that left many people of many religions dead and injured in more than 6 states. Ramadan is a time when tensions and violence are at an all-time high. A mob in Haldwani, Uttarakhand, prevented a lawyer from offering Namaz inside his home. Housing society dwellers in Delhi protested a Namaz congregation. Festivals appear to have turned into a flashpoint for racial conflicts in India as religion has become a central issue in politics.[3] Religious intolerance has spread to educational institutions as well, where a top-performing Muslim student from Gujarat’s Mehsana district was denied the award despite being the first to be called on stage.[4] The hijab controversy in the Udupi district of Karnataka started in February 2022 when a government pre-university forbade wearing the hijab in the classrooms. This led to a nationwide demonstration and numerous violent incidents, which had an effect on the education of Muslim female students who left public educational institutions and enrolled in private educational institutions. In the academic year 2022–2023, The Indian Express reported that fewer Muslim students were admitted, both boys and girls. The number of boys enrolled decreased from 210 to 95, and the number of girls enrolled decreased from 178 to 91.[5] These are just a few illustrations of the current situation in the nation and the obstacles faced by religious minorities in India. Numerous socioeconomic factors contribute to the rise in intolerance, including illiteracy, religiously motivated vote-bank politics, media trial, the spread of hate speech, fake news and misinformation, and hate speech by politicians and religious extremists. Only 952 incidents of any form of communal riots or violence were reported in 2018 and 2019, according to a 2021 National Crime Records Bureau (NCRB) study.[6] However, the reality is different and there are thousands of such cases which go unreported in day to day life.
FACTORS BEHIND COMMUNAL VIOLENCE IN MODERN INDIA HISTORY
The constitution of India, under article 19(a)[7] guarantees the fundamental right of freedom of speech and expression which applies that all the citizens of the country can freely express their views and opinions but what constitutes hate speech has not been legally defined in India and Article 25[8] of the Indian constitution guarantees freedom to practice, profess and propagate any religion with some restrictions subject to public order, health and morality. However, despite the fact that the constitution guarantees these fundamental rights to all of the nation’s citizens equally, the situation or actuality on the ground is different. We witness prejudice based on things like food, clothing, cultural customs, linguistics, and the division of residential areas where one religious community predominates and other religious communities are hesitant to settle. According to a 2021 Pew Research Center study titled “Religion in India: Tolerance and Segregation,” despite the religious communities having some shared cultural beliefs, many Hindus (66%) and Muslims (64%) see themselves as very distinct. Additionally, as many as 45% of Hindus are unwilling to accept neighbours from other religious groups, and interreligious marriages and religious conversion are also infrequently accepted.[9] Hate speech by politicians for vote-bank politics, electoral contests, communal propaganda, and caste-based politics has become so widespread and commonly accepted in this country as because there is no clear-cut mechanism to hold these politicians accountable and no clear-cut definition of what constitutes as hate speech. As a result, they don’t hesitate to say whatever they want, but the consequences and atrocities are frequently faced by the general public. In one of his statements, BJP MLA from Telengana T. Raja Singh threatened to use bulldozers to destroy anyone who opposed UP Chief Minister Yogi Adityanath and labelled them “traitors.” He further said that in order to exist in the state, one must shout “Yogi-Yogi.”[10] CM Yogi has repeatedly made insulting remarks about Muslims by using phrases like “invaders,” “Pakistani,” “Talibani,” “Bangladeshi infiltrators,” “atankwadi (terrorists),” “termites,” and “Babar ki aulaad (descendants of Emperor Babur),” among others.[11] The spread of fake news and misinformation to foment violence and intercommunal resentments has become increasingly prevalent in the metaverse and social media era. The accessibility to the internet and ever-evolving technology has a detrimental effect on the community. India has experienced numerous instances of communal violence over the past decade as a result of the bogus social media speculation. Salham al-Kubassi, Mohammed Salman, Mohammed Azam, Mohammed Afroz, and Noor Mohammad, five friends, visited a village in Karnataka in July 2018 for a picnic and to distribute chocolates to the kids. WhatsApp was used to circulate certain kidnapping tales, which terrified rural areas. Some villagers mistook their actions for aggression, and they were confronted and beaten. Two were left behind while some managed to flee. One person was killed and several others were injured in the violence that occurred in a neighbouring hamlet after videos posted on WhatsApp exacerbated the miscommunication. In the first half of 2018, over two dozen people passed away, highlighting the urgent need to remove false information on websites like WhatsApp.[12] Mob lynching, cow vigilantism, violence in the name of love jihad, and the idea of immediate justice delivery have all grown so pervasive and prevalent that almost every day there are one or two violent occurrences. Mob lynching has sharply escalated recently, especially since the BJP administration was elected. From less than 5% of incidences of communal violence in 2010 to 20% in 2017, cow-related violent episodes have increased by almost four times[13] During 2010 and 2017, 84% of the persons killed in the guise of cow vigilantism were Muslims[14] There are allegedly 200 active cow vigilante groups with over 5,000 members solely in North India. The majority of them are haphazard and disorderly groups that monitor roads and highways at night in search of animals-transporting vehicles over state boundaries.[15] A recent instance of “cow vigilante justice” involved the murder of a 32-year-old man in Nashik, Maharashtra, on suspect of carrying beef.[16] Another aspect escalating the tensions is the surge in violent incidents based on allegations of coercive conversion and the so-called “love jihad.” When celebrating a hindu female friend’s birthday on the grounds that they were engaging in “love jihad,” at least 5 Muslim men were physically assaulted by more than 100 so-called religion guardians.[17] India is a secular country renowned for its harmony and unity in diversity, but as religious intolerance grows there, it is harming the country’s reputation in the international community. A dramatic escalation of religious violence casts a shadow over the impending Group of 20 (G20) summit in India, where Prime Minister Narendra Modi hopes to position India as a geopolitical counterbalance to China and a desirable investment option. India’s reputation on the international stage could be harmed by this violence.[18]
LEGAL PROVISIONS
The Preamble[19] of the Indian Constitution declares India to be a secular state and secure its citizens the LIBERTY: of thought, expression, belief, faith and worship.
The Constitution of India guarantees the Right to Freedom of Religion to all its citizen under the following articles:
Article 25[20]– The Freedom of conscience and to profess, practice and propagate any religion subject to certain restrictions such as health, morality and public order.
Article 26[21]– The Freedom to manage religious affairs on their own
Article 27[22]– The Freedom to pay taxes for promotion of any particular religion
Article 29[23]– No discrimination on the basis of caste, religion, race and religion into state run educational institutions.
Article 30[24]– The freedom to establish and administer educational institution to minorities on the basis of religion or language.
Despite an increase in instances of communal brutality and mob lynching, India lacks an adequate regulatory framework. However, the Indian legal system refers to a few statutes under the Indian Penal Code.
- Section 153A- This provision penalizes activities that promote hostility between various religious groups based on factors like as race, religion, place of birth, domicile, language, etc.
- Section 153B- This section protects the interests of “classes of persons” and, most importantly, “national integration” by outlawing accusations and declarations that are harmful to such integration.
- Section 295A- This provision penalizes malicious and purposeful acts that are meant to incite hostility by disparaging any religion and the religious sentiments of any community. It also outlaws acts of blasphemy and is one of the laws for hate speech.
- Section 505- This section penalizes the transmission of malicious and fabricated narratives that could stir up animosity toward various religious groups and disturb public peace.
CONCLUSION
India’s wide diversity of cultures and religions has historically served as a source of cohesion and harmony. This narrative, however, faces significant obstacles from current patterns of escalating intergroup violence and intolerance. As episodes of religious conflict, hate speech, and violence against marginalized groups rise, the secular ideals of the nation, as embodied in the Constitution, are being put to a serious test. The transition from a country that valued its diversity of religions to one that struggles with intergroup conflict and violence is difficult to understand. This terrible trend has been influenced by a number of factors, including historical legacies, political reasons, media influence, and the propagation of false information. Festivals, which were once reasons to celebrate, have occasionally turned into conflict-starters, and educational institutions are now battling religious prejudice. Although the constitutional protections for religious freedom in India, there are very few laws that deal with hate speech and intercommunal violence. Although several provisions of the Indian Penal Code address elements of hate speech and provocation, more comprehensive legislation is required to effectively stop such activities. It is essential that India deal with this problem fast and comprehensively. Both the social fabric and the nation’s reputation internationally are at risk. To combat the rising tide of religious intolerance, it is imperative to rekindle the spirit of unity in diversity, protect the rights of all people regardless of their faith, and foster interfaith communication and understanding. India’s reputation as a peaceful and welcoming nation on the international stage can be restored through education, awareness campaigns, and stronger enforcement of current laws. In the end, the country’s capacity to overcome these obstacles will determine its future course and position within the international community.
[1] Reporter, S. (2018) India is only nation where people from all religions have co-existed for centuries: Dalai lama, The Hindu. Available at: https://www.thehindu.com/news/cities/bangalore/india-is-only-nation-where-people-from-all-religions-have-co-existed-for-centuries-dalai-lama/article24667635.ece (Accessed: 16 August 2023).
[2] Livemint (2023) Haryana nuh violence highlights: 141 arrested, 55 firs registered, mint. Available at: https://www.livemint.com/news/india/haryanas-nuh-violence-live-updates-stones-pelted-at-religious-procession-sohna-mewat-schools-shut-in-gurugram-11690850667688.html (Accessed: 17 August 2023).
[3] Ram Navami violence and the politics of festive polarisation (2023) https://www.outlookindia.com/. Available at: https://www.outlookindia.com/national/ram-navami-violence-and-the-politics-of-festive-polarisation-news-276005 (Accessed: 17 August 2023).
[4] Patel, L. (no date) Gujarat: Top scoring Muslim girl denied award at a school function in Mehsana, The Wire. Available at: https://thewire.in/communalism/gujarat-top-scoring-muslim-girl-denied-award-at-a-school-function-in-mehsana (Accessed: 20 August 2023).
[5] S, S. (2023) How hijab controversy made Muslim women students in Karnataka leave public institutions, and move to private colleges they can ill afford, The Indian Express. Available at: https://indianexpress.com/article/opinion/columns/hijab-controversy-muslim-women-karnataka-public-institutions-move-private-colleges-ill-afford-8370722/ (Accessed: 20 August 2023).
[6] NewIndianXpress (2021) 952 cases of communal, religious rioting in 2018-19: Govt, The New Indian Express. Available at: https://www.newindianexpress.com/nation/2021/mar/10/952-cases-of-communal-religious-rioting-in-2018-19-govt-2274869.html (Accessed: 20 August 2023).
[7] Article 19(a). The Constitution of India,1950.
[8] Article 25. The Constitution of India, 1950.
[9] Sahgal, N. et al. (2023) Religion in India: Tolerance and segregation, Pew Research Center’s Religion & Public Life Project. Available at: https://www.pewresearch.org/religion/2021/06/29/religion-in-india-tolerance-and-segregation/ (Accessed: 21 August 2023).
[10] Barton, N. (no date) 10 times when BJP leaders (not fringe) made Anti-Muslim hate speeches, The Wire. Available at: https://thewire.in/communalism/bjp-leaders-fringe-anti-muslim-remarks-gulf-countries (Accessed: 20 August 2023).
[11] Hazari, U. (2021) Only those who said ‘Abba Jaan’ were digesting rations earlier: Yogi Adityanath, The Siasat Daily. Available at: https://www.siasat.com/only-those-who-said-abba-jaan-were-digesting-rations-earlier-yogi-adityanath-2191201/ (Accessed: 20 August 2023).
[12] Samuels, E. (2020) Analysis | how misinformation on WhatsApp led to a mob killing in India, The Washington Post. Available at: https://www.washingtonpost.com/politics/2020/02/21/how-misinformation-whatsapp-led-deathly-mob-lynching-india/ (Accessed: 21 August 2023).
[13] Engineer, I. (2019) Mob lynching in India are manufactured communal violence, The Milli Gazette – Indian Muslims Leading News Source. Available at: https://www.milligazette.com/news/7-analysis/16535-mob-lynching-in-india-are-manufactured-communal-violence/ (Accessed: 22 August 2023).
[14] Apeksha Duhan, By and Duhan, A. (2018) Cow vigilantism: Are we becoming murderers in the name of religion? – india, My India. Available at: https://www.mapsofindia.com/my-india/society/cow-vigilantism-are-we-becoming-murderers-in-the-name-of-religion (Accessed: 21 August 2023).
[15] Singh, K. (no date) Cow vigilantes’ illegal activities are a threat to law and Order, Tribuneindia News Service. Available at: https://www.tribuneindia.com/news/comment/cow-vigilantes-illegal-activities-are-a-threat-to-law-and-order-512746#:~:text=FOUR%20cow%20vigilantes%20in%20the,were%20reported%20in%20the%20country. (Accessed: 22 August 2023).
[16] Pti (2023) Man lynched by ‘cow vigilantes’ on suspicion of transporting beef in Maharashtra; 11 held, The Hindu. Available at: https://www.thehindu.com/news/national/man-lynched-by-cow-vigilantes-on-suspicion-of-transporting-beef-in-maharashtra-11-held/article67012093.ece (Accessed: 22 August 2023).
[17] MuslimMirror (2023) MP: Muslim men beaten for celebrating Hindu female friend’s birthday, Muslim Mirror. Available at: https://muslimmirror.com/eng/mp-muslim-men-beaten-for-celebrating-hindu-female-friends-birthday/ (Accessed: 23 August 2023).
[18] Pradhan, B. and sen, S.R. (no date) Religious violence threatens to tar Modi’s image before G20, Deccan Herald. Available at: https://www.deccanherald.com/india/religious-violence-threatens-to-tar-modis-image-before-g20-1243715.html (Accessed: 24 August 2023).
[19] The Constitution of India, 1950, Preamble (Liberty).
[20] Article 25. The Constitution of India, 1950.
[21] Article 26. The Constitution of India, 1950.
[22] Article 27. The Constitution of India, 1950.
[23] Article 29. The Constitution of India, 1950.
[24] Article 30. The Constitution of India, 1950.
Author: Sanchita Ambasht
Juris Centre 