A peaceful environment is the prerequisite of a developed community. However, in a multicultural environment, communal tensions may erupt. India has a long and painful history of communal violence and the same has caused a large number of lives as well as property to be lost. Communal violence is highly detrimental to a progressive society, leaving behind not only economic losses but also emotional turmoil in the social fabric.
India is a secular country and the Indian Constitution provides that the State shall not discriminate on the basis of sex, caste, religion, and also provides for the freedom of conscience and liberty to practice, propagate and profess religion. The freedom of speech and expression guaranteed under Article 19(1)(a) is also subject to reasonable restrictions on the grounds of public order and incitement of offences amongst others.
The Indian Penal Code under chapter VIII deals with offences relating to public tranquility and in particular sections 146/147 that deal with rioting and section 149 that deals with punishment for unlawful assembly are attracted in cases of communal violence.
Chapter XV of the Code deals with the offences relating to religion.
Section 295 lays down the punishment for injuring or defining place of worship with intent to insult the religion of any class. The recent burning down of a church or the demolition of other places of worship are all punishable.
Section 295 A deals with deliberate and malicious acts, intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. Distribution of pamphlets or making video clips insulting the religious beliefs or the religious leaders that are held in high esteem by that community are examples of such offences.
Section 296 deals with disturbing religious assembly while section 296 makes trespassing on burial places, etc punishable. Attacking religious assemblies or giving hate speeches or trespassing or defiling any burial place or grave or crematorium are all punishable offences.
Section 298 lays down the punishment for uttering words, etc with deliberate intent to wound the religious feelings of any person.
Communal violence are a vice in any multicultural and progressive society and are best to be controlled so as to protect the secular fabric of the nation.
India is a secular country and the Indian Constitution provides that the State shall not discriminate on the basis of sex, caste, religion, and also provides for the freedom of conscience and liberty to practice, propagate and profess religion. The freedom of speech and expression guaranteed under Article 19(1)(a) is also subject to reasonable restrictions on the grounds of public order and incitement of offences amongst others.
The Indian Penal Code under chapter VIII deals with offences relating to public tranquility and in particular sections 146/147 that deal with rioting and section 149 that deals with punishment for unlawful assembly are attracted in cases of communal violence.
Chapter XV of the Code deals with the offences relating to religion.
Section 295 lays down the punishment for injuring or defining place of worship with intent to insult the religion of any class. The recent burning down of a church or the demolition of other places of worship are all punishable.
Section 295 A deals with deliberate and malicious acts, intended to outrage the religious feelings of any class by insulting its religion or religious beliefs. Distribution of pamphlets or making video clips insulting the religious beliefs or the religious leaders that are held in high esteem by that community are examples of such offences.
Section 296 deals with disturbing religious assembly while section 296 makes trespassing on burial places, etc punishable. Attacking religious assemblies or giving hate speeches or trespassing or defiling any burial place or grave or crematorium are all punishable offences.
Section 298 lays down the punishment for uttering words, etc with deliberate intent to wound the religious feelings of any person.
Communal violence are a vice in any multicultural and progressive society and are best to be controlled so as to protect the secular fabric of the nation.
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