COMMUNALISM AND NATIONAL INTEGRATION Causes And Preventive Measures — A Socio-Legal Study DISSERTATION Submitted in Partial Fulfilment of the Requirementa for tho Award of the Degree of Mmtt of Eatoi BY S4GHIR UDDIN Under the Supervision of Dr. Saleem Akhtar (READER) FACULTY OF LAW ALIGARH MUSLIM UNIVERSITY ALIGARH (INDIA) 1991 ACC i\'c.. "^^'n, DS2366 DR. 5ALEEM AKHfAR, ALIGARH MUSLIM UNIVERSITY Re ader ALIGARH-202002 FACULTY OF LAU CERTIFICATE This is to certify that Mr, SAGHIR-UDDIN student of LL.M. final year has completed the study entitled, "Communalism and National Inte­ gration — Causes and preventive Measure — A Socio-Legal Study" in partial fulfilnient of the requirements for the award of LL.M, degree, under my supervision, I wish him all success. Dr. Sale em Akhtar Supervisor THIS PIECE OF WORK DEDICATED TO MY BELOVED MOTHERLAND 'THE INDIA* AND ITS SECULAR DEMOCRATIC NATIONALIST PARTRIOTS OF MOTHER UvND WHO SEEDED THE CONCEPT OF COMMUNAL HARMONY, BROTHER­ HOOD, TOLERANCE, MUTUAL UNDERSTAmirJG, MUTUAL ADJUSTMENT, AND MADE IT OBLIGATORY ON OUR PART TO NURTURE AND NOURISH THE DREAM OF 'NATIONAL INTEGRATION' "God does not make them friends who qreat disturbances In the world, uproot the cropes and kill the races", Quran "It Is the first formost duty of all the well wishers of the country to strive for the welfare of all the people irrespective of their caste or Beligion, For just as human life and its health is not possible with­ out the soundness of all the organs of body, the prosperity of the nation is not possible without all round progress of the country". Sir syed Ahmad Khan "The health of nations is more impor- tant than the wealth of nations". Will Durant CONTENTS Page No, Expression of gratitude ... i « m Introduction ... 1-8 Chapter - First ,,, 9-41 1. Concept and M(2anlng of National Integration 2. Fieanlng of Secularism 3. Ant1-secular principles and Practices 1) Special Provision and Reservation 11) prohibition on cow slaughter ill) Representation on the basis of religion and caste iv) Procedure of Oath v) Performance of Religious cere- inonies vi) Religious Demands of Political Parties vil) Use of Media vili) Other Practices 4. constitutional Protection to Minorities 1} protecfcion to the Minorities in Indian constitution 11) constitutional protection to cultural and Linguistic Minorities ill) Constitutional Protection to Educa­ tional Minorities in India 5. Brief History of Communal ism I) Ancient History 11) Medieval History ill) Modern History Chapter - Second .,, ^2- 88 Factors conducive to Disintegration 1. vote Politics 1) Dangerous Politics of Religion II) Exploitation of Religion by Political Parties 2. Economic Factor 3. Role of i<eligion 4. Educational Factor 5. Caste Factor 6. Bribery and corruption 1) Social cause 11) Economic cause ill) political Cause 7. Role of sports 8. Role of Media Chapter - Third ... 89-116 Offences Affecting Harmony and Integration 1. Offences Against Public Tranquility I) Unlawful Assembly 11) Riot ill) communa-L Riot 2. Promoting Enlmlty Between Different Groups 3. Offences Relating to Religion 4. waging war 5. criminal Intimidation Chapter - Four _, H7 _ i49 preventive Measures 1. Role of Police 1) Role of police in controlling the communal ism II) Indiscipline in Police ill) National Integration and police Role 2. Role of Judiciary 3. National security Act 1) sedition as a political crime 11) Constitution and sedition 5. security for keeping the peace and for Good Behaviour conclusions and Suggestions ••• 150-155 Bibliography ... vi - x Table of cases ... **** EXPRESSION OF GRATITUDE I begin in the name of ALLAH. WHO is Almighty of this world. He who taught (the use of) pen, taught man that which he knew not . 'It is solely and exclusively due to the blessing of Allah. In the name and praise - who is the most Deneficient, the Merciful, the Benevolent the Compassionate without whose grace nothing is possible. V^ho showed right path right direction and blessed me to get the strength to embark upon this task. Every time I Kow-tow before HIM. The great philospher Aristotle said, *Man is a social animal'. This gregarious nature makes a man to help each other and to owe other's gratitude and obligation. I, too being the member of the same species of the same family, have debt to acknowledge. It gives me immense pleasure in expressing my profound sense of gratitude to my learned supervisor Dr. Saleem Akhtar, Reader in the Faculty of Law, AMU, Aligarh. I am pround of it that I got the opportunity to work uncier his able guidance. He stiowed keen interest, constant encouragGmcnt and devoted much time at every stage in completing this work. Inspite of his busy academic and administrative work load of the university he rendered to me invaluable suggestions and able guidance at the need of time in present study. He has not only been the moving spirit behind this efforts but also an ever vigilant guide without whose enliglitment I would 1. Quran, Para - 30. li never have been known the beginning and end of this venture. I am virtually short of copious words to extend my thanks for his support and cooperation without which this piece of work could not have seen the light of the day. I am also indebted to erudite Prof. V.S. Rekhi, Dean, Faculty of Law, AMU. His fatherly behaviour as well as scholarly personality provided me an opportunity to complete this work. Besides his kind cooperation in present work and other academic problems he has always been a source of inspiration througfiout my academic carrier. With a deep sense of reverence I acknowledge my debt to learned Prof. M. Mustafa Ali Khan, Chairman, Deptt. of Law, AMU Aligarh, who [lelped me at every stage of dissertation. I also indebted to our respected teacliers Prof. Gulam Ahmad Khan, Prof. Misbahul Hasan, Prof. M. Zakajia Siddiqui, Prof. S.S. H. Azini, Mr. Qaisar Hayat (fleader), Mr. Shcsiiful Hasan (Roader) Dr. Mohd. Shabbir (Reader) and other my esteemed teachers of faculty. Mr. Ateeq Ahmad Khan (Fleader) in law at Rohtak, Mr. Iqbal Javed, Dr. Hafiz Ilias helped me at the time of need during this work. I deem it is my duty to express sincere thanks to my colleague Mrs. Syed SFialinaz Fatima, Mr. Shafqat Kamal (S.D.M.), Mr, Surfraj Khan (Judicial Magistrate), Major Devender Singh, Mr. Azhax Idrisi (Munsif Magistrate), Mr. Naresh Kumar, Mr. Badar Ahmad and my friends Mrs. Zubed Dano, Miss Anwar Jahan, Miss Nuzhat Parveen, Miss Shaghufta Parveen, Mr. Mohd. Saeed Khan (Lecturer in Economics), Dr. Mahmood S. Khan (Lecturer in Deptt. of Psychology), Mr. Mohd. Umar, Mr. Mohd. Siraj Anwar, Dr. Kaleem Ullah, Dr. M.J. Pasha, Mr. M. Farooq Ansari, Mr. M. Aslam Siddiqui. Hi I shall be lacking in my duty and love if I don't mention my beloved mother Mrs. Hajra Khatoon who always prays to God for my success. My father (Late) Janab Nasir Uddln who always encouraged me for continuing my studies. Thanking would mean a small thing for my brothers Mr. Kabir Uddin, Mr. Shabbir Uddin (Advocate), Dr. Islam Uddin due to them I stand here where I stand today is less because of me and more because of them. The debt of them never be paid. I-twill be gross injustice on the part of my beloved wife if I don't mention her name Mrs. Rizwana F^asheed, who provided me lot of cooperation and moral encouragement during this Napolean task . I also want to mention the name of my well wishers who treat me their younger brother Mr. M. Salaiman Siddlqui, Depty C.M.M. (RMD) SAIL, Mr. Choudhary, Mohd. Zuunurain (Advocate, S.C. Delhi) Mr. Abrar Ahmad (Income Tax Commissioner), Mr. Parhlad Yadav Org. Secretary, AIC Seva Ual and Choudhary Sirajuddin. I am also thankful to staff of Law seminar, for their kind cooperation. Last but not the least I am also highly obliged to Mr. Mohd. Ayub Khan, who has taken much pain and shown due care and delegence in typing out this dissertation. flR UDDIN] DEPAHTME^JT OF LAW ALIGARH MUSLIM UNIVERSITY, ALIGARH. DATE, chapter - First CONCEPT AND MEANING UF NATIUNAL INTEGHATIUN 1. Concept and Meaning 2. Meaning of Secularism 3. Anti-secular Principles and Practices (i) Special Provision and Reservations (ii) Prohibition on Cow Slaughter (iii) Representation on the basis of Relegion and Caste (iv) Procedure of Oath (v) Performance of Relegious Ceremonies (vi) Relegious Demands of Political Parties (vii) Use of Media (viii) Other Practices. 4. Protection to the Minorities in Indian Constitution (i) Safeguards to the Minorities, Constitutional, Principles, Policies and Framework (ii) Constitutional Protection to Cultural and Linguistic Minorities. (iii) Constitutional Protection to Educational Institutions of Minorities in India. 5. Brief History of Communalism. (i) Ancient History (ii) Medieval History (iii) Modern History. 1 G0MMUNALI3M AND NATIONAL IN^PEGRATION Introduction : I choose the: topic communal ism and national integration it is a high time to deal the national problem, I have tried my best to touch mciximum possible problem but I can achieve only little object to some extent. These years India is passing through the darkest years of Indian democracy which is most populous country in the world. The whole country is facing the problem of communal ism. It is not only the social problem of the society but it is the mental problem of the citizens of India. Social problems may be checked but mental problems have no solution. India is facing several problems i.e. regionalism^ Punjab, Kashmir, Assam, Bodoland(^ Uttarkhah, Jharkhand, Nagaland, Mizoram, Tripura are the main. Language problem Hindi V, Urdu, Hindi V. non-Hindi, Religious conflicts are also prevalent in our society corruption and bFibu(^ is at peak.