ILE LEGAL BLOG

RIOTS : AN OVERVIEW

Author – RAHUL J.P, Student at KLE SOCIETY’S LAW COLLEGE BANGLOR

ABSTRACT

Riots are the violent patterns in which an action against a person or authority or aginst a privet\public group are carried out they tend to cause a scenario of unrest among the country this article tries to elucidate about the riots and the patterns in which they are carried out in context to india and bring about a balanced view about riots .

INTRODUCTION

A riot is a type of civil disorder which commonly refers to a group lashing out in a violent public disturbance against the authority, property, or people and. Communal riots or communal violence are simply clashes between two or more communities owing to clashes of communal interests, this also leads to violent public disturbance.

According to websters dictionary “a tumultuous disturbance of the public peace by three or more persons assembled together and acting with a common intent. “

Under English law, a riot is defined by the Public Order Act 1986 as 12 or more persons who “together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his personal safety.” A single person can be liable for an offense of riot when they use violence provided that it can be shown there were at least 12 present using or threatening violence.[1]

Even if the participants in a riot may not have previously interacted, they are almost certainly all connected by a common social issue or grievance. Many riots are rooted in poverty and racial tension. persons with limited economic potential frequently take part in riots because they have nothing to lose, but persons in the middle and upper classes typically avoid these violent protests that could jeopardise their livelihood. When one ethnicity feels that they are constantly the target of discrimination or when another ethnicity intrudes on their imagined territory, race becomes a problem. The afflicted individuals in both societal problems probably believe that the government is not treating them fairly.

According to the riot’s origin and participants’ preferences, different properties will be targeted. Targets may include stores, automobiles, eateries, state-owned institutions, and places of worship. Personal injury is a likely result of riots since they are inherently violent and include a lot of irate people. The use of violence to address these complaints is problematic, even if they are frequently justified and the authorities are just as much to fault as the angry mob. The use of civil disobedience, or nonviolent protest to injustice, is a better choice. However, a society where everyone may live in happiness and wealth and have their wants and desires met is the only real solution.[2]

A riot is a type of civil disruption that is frequently identified by a group lashing out violently in public against power, property, or individuals.

Riots frequently result in the destruction of either public or private property. Depending on the objective property

on the riot and the participants’ motivations. Targets may include stores, automobiles, eateries, government offices, and places of worship.[3]

RIOTS IN INDIA

Over a million people were killed and approximately 10 million people were uprooted by religious violence during the partition of India. From the late 1970s until the Gujarat riots in 2002, religious violence in Hindu-Muslim communities reached a higher level and claimed more lives.

According to official records, since 2002, there has been a fair amount of consistency in community violence. However, between 2017 and 2021, more than 2,900 instances of religious rioting were reported throughout the nation. According to data from 2021, Haryana has the greatest rate of riots per 100,000 people, or 8 incidents of communal violence.[4]

In 2023, as per the records, electoral violence & high-profile political assassinations have declined significantly in India; even violence at polling stations fell, and deaths in such cases declined by 70% between 1989 & 2019.[5]

The most famous cases were the two prime ministers’ assassinations- Indira Gandhi and her son Rajiv Gandhi in 1984 and 1991

Anti-Sikh riots in 1984

Although the 1984 riots took place many years ago, the impacted families’ faces still bear the scars of those dreadful events. Over the course of five days starting on October 31st, estimates claim that 2,800 to 8,000 Sikhs were killed in India. On October 31, 1984, the Sikh bodyguards of Prime Minister Indira Gandhi fatally shot her, sparking days of anti-Sikh rioting that resulted in the murder of more Sikhs around India.

Operation Blue Star was the motivation behind Indira’s murder. Around 165 Hindus in India were killed by militants aided by Bhindranwale in the violent events leading up to “Operation Blue Star,” which was ordered by Indira Gandhi.[6][7]

1992–1993: Bombay riots and the Babri Masjid demolition

In the UP city of Ayodhya, the iconic Babri Mosque was assaulted and destroyed by Hindu rioters. A decade-long political and communal land dispute was eventually resolved on November 9, 2019, by a unanimous decision from the Apex Court’s 5-judge bench. This was the first civil issue that a constitutional bench rather than a two judge court decided. The judgement was subsequently read out in open court by the CJI rather than the lead author, following a precedent where the verdict’s nature did not include the names of the writers.

The Supreme Court’s constitutional division unanimously decided to allow the construction of a temple on the site of the former Babri Masjid. It gave the god Ram Lalla full ownership of the 2.77 acres of contentious property in Ayodhya. SC further said that Muslims should receive alternative land as compensation for the loss of a mosque.[8]

HINDU MUSLIM COMMUNAL VOILANCE

Since India became independent in the 1950s, religious violence/riots involving Hindus and Muslims have claimed thousands of lives. These communities in our nation are at war with one another on a community level. But why do riots of this nature occur in India? Hindus and Muslims comprise India’s two largest religious groups, with about 200 million Muslims constituting the country’s second-largest religious group after Hindus. Therefore, there are frequently reported incidents of violence between them. This article discusses the riots in India, namely the 1992 destruction of the Babri Masjid and the 2002 massacre of Muslims in Gujarat.[9]

NELLIE MASSCARE IN 1983

In central Assam, close to Nellie, on February 18, 1983, tens of thousands of Muslims of Bengali descent were killed. More than 2,000 Muslims were classified as foreign victims of assassination. There was more fighting for six hours. Many people think that the massacre served as a vehicle for the Nogaon District’s residents, particularly the tribals and other Assamese community, to express their anger at the Muslim population that originated in East Bengal. Additionally, it is asserted that the Muslim community has allegedly encroached on their territory.[10]

CONSTITUTIONALITY

Our Indian Constitution’s Preamble states it to be a secular state and guarantees the freedom of expression, religion, and belief.

Article 25: Everyone has the same right to religious freedom and the freedom to practise any other religion they choose.

Article 26: Every religious denomination is free to conduct its own business.

Article 29- No discrimination would be done on the ground of religion, race, caste, language, or any of them

Article 30- All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Art 51A- This is a fundamental duty that promotes harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities and to renounce practices derogatory to the dignity of women.[11]

LEGAL PROVISIONS

The crime of rioting is defined under Section 146 of ipc. Every member of an unlawful assembly is guilty of rioting, according to Section 146, if force or violence is employed by the assembly or by any of its members to further the group’s shared goal. Applying this provision requires that there be an unlawful assembly as defined in section 141 of the IPC, that force or violence was used by the assembly or by any of its members in pursuing the assembly’s common goal, and that an offence has also been committed.

The essence of the offence of rioting lies in the use of force to achieve a common purpose. The essentials of section 146 are as follows:

That the accused persons, being five or more in number formed an Unlawful assembly;
That they were animated by a common unlawful object;
That the force or violence was used by the Unlawful assembly or any member thereof;
That such force or violence was used in prosecution of their common (unlawful object)[12]

According to Section 153, if rioting occurs as a result of such provocation, the offender will be punished with either type of imprisonment for a term that may not exceed one year, a fine, or both. If the offence of rioting is not committed as a result of such provocation, the offender will be punished with either type of imprisonment for a term that may not exceed one year, a fine, or both.

Anyone who intentionally or negligently provokes a riot by engaging in criminal activity is subject to punishment under Section 153.vii It encompasses provocative statements or actions that do not constitute instigation or aiding and abetting.The phrase “by doing an illegal act” implies that the clause cannot be applied unless the person who committed the criminal conduct also had the knowledge or intent that it would incite others to riot.ix However, it does not apply to random provocations. In order to employ section 153, the provocation must be one that is likely to spark riots.

The accountability of those for whose benefit a riot is conducted is covered in Sections 155 and 156. The former addresses the responsibility of the landowner or occupier who has benefited from an unlawful assembly or riot and who, or whose agent, has failed to use legal means at their disposal to prevent, suppress, or disperse it despite knowing or having reason to believe that such an assembly or riot is likely to occur.

While the latter section holds an agent or manager of an occupier or owner of the land on which a riot has occurred and from which such an owner or occupier has derived benefits accountable for their failure to use all legal means at their disposal to prevent or suppress such a riot despite having reason to believe that such a riot is likely to occur.

To constitute an offence under section 156, which imposes personal liability on the managers or agents of such an owner or occupier, it is required to prove that:

a riot was committed;
the riot was committed for the benefit of the owner or occupier of the land;
the accused had reasons to believe that a riot was likely to be committed and
the accused failed to appropriate measures to prevent it.[13]

According to Section 152 of the Indian Penal Code, anyone who uses, threatens to use, or attempts to use criminal force against a public servant while the official is performing his or her duties to disperse an unlawful assembly, put down a riot, or put down an affray is punishable by imprisonment of either description for a term that may be extended to three years, a fine, or both.

CONCLUSION

REFERENCES

Primary sources / books

The anatomy of riot by paul brass
Vital Stats Communal Violence in India. PRS Legislative Research. 15 June 2011.

STATUTES

INDIAN PENAL CODE 1860

CONSTITUTION

ARTICLE 25,26,29,30 51A OF INDIAN CONSTITUTION

ARTICLES/ONLINE SOURCES

[1] https://www.britannica.com/topic/riot

[2] https://www.newworldencyclopedia.org/entry/Riot

[3] https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3485346

[4] https://thewire.in/government/india-commuanl-religious-riots-2016-2020

[5] https://thewire.in/government/india-commuanl-religious-riots-2016-2020

[6] https://www.hindustantimes.com/india-news/operation-bluestar-what-happened-37-years-ago-101622937941625.html

[7] (Ministry of Home Affairs https://www.mha.gov.in › filesPDF 1984 anti-Sikh riots

[8] Vital Stats Communal Violence in India. PRS Legislative Research. 15 June 2011.

[9] https://en.wikipedia.org/wiki/1950_East_Pakistan_riots

[10] https://en.wikipedia.org/wiki/Nellie_massacre

[11] https://blog.finology.in/Legal-news/communal-violence-and-riots-in-india

[12] https://www.legalserviceindia.com/legal/article-6614-offences-against-public-tranquility-rioting-and-affray.html