Deepening of Hatred, Hate Speeches and Impunity in 2023: Communal Violence in India
Irfan Engineer and Neha Dabhade
Part III
In the preceding sections of the report, the CSSS communal violence report looked into two dimensions of communal violence: physical violence and symbolic or attitudinal violence. This section of the report will look into structural violence. The findings presented in this report are derived from CSSS monitoring of the Mumbai editions of five newspapers, namely, Times of India, Indian Express, The Hindu, Sahafat, and Inquilab for the year 2023. To enhance accuracy, CSSS has cross-verified the data from these sources with additional information obtained from other online sources.
Structural Violence:
The comprehension of communal violence against marginalized communities extends beyond overt physical manifestations such as communal riots, mob lynching, and hate crimes. In recent years, a discernible shift has been observed towards a more insidious and potent form of violence known as structural violence. This mode of violence is rooted in social structures, encompassing laws, legislations, and policies enacted and enforced by the state. The state, in this context, encompasses its various branches, including legislatures, the executive (at all levels), law enforcement agencies, local administrative bodies, educational institutions, and the judiciary, all of which receive state support.
The evolution of structural violence is evident in the strategic formulation, adoption, and implementation of laws and policies by the state that discriminate against, incarcerate, criminalize, dispossess, marginalize and / or prevent the communally targeted communities from reaching their full human potential. Extra-judicial killings is an instance of structural violence. Structural violence treats the targeted community as if they were second-class citizens. The state through its legal framework or undue application of coercive its powers, or discriminates against a community indulges in structural violence. An examination of the various forms of structural violence that transpired in 2023 serves to elucidate the multifaceted dimensions through which this systemic injustice is manifested.
Demolitions:
The demolitions of properties owned by Muslim individuals without following the procedures established by law with the intention to collectively punish the community and inflict economic, social and physical harm has been the declared state policy of the BJP ruled state. The demolitions are ostensibly carried out on allegations of illegal encroachments to defend it in courts of law. Uttar Pradesh, MP and other BJP ruled states have declared instant demolitions without following the procedures mandated by law as state policy. Remarkably, even valid legal documentation has been overlooked.
The administration's deployment of demolitions as a form of "collective punishment" deviates from established legal norms, sidestepping mandated due process and hearings. The frequency with which this punitive approach has been applied against the Muslim community has resulted in monikers such as "Bulldozer baba" for the Chief Minister of Uttar Pradesh. Moreover, right-wing organizations affiliated with the ruling party have not only endorsed but also advocated for Chief Ministers of other states governed by the Bharatiya Janata Party (BJP) to adopt similar demolition strategies. This pattern underscores a disconcerting departure from established legal and procedural norms, raising fundamental questions about the fairness and adherence to the rule of law in such actions.
The Prayagraj district administration demolished the house that was occupied by deceased gangster Atiq Ahmed’s wife and two sons. The officials from the Prayagraj Development Authority claimed that the house was constructed without a sanctioned plan. They further claimed that the house in Chakia area belonged to one Zafar Ahmad and that he was served notices before the demolition but Zafar Ahmad failed to respond to them. The electricity connection was in the name of Shaista Parveen (wife of Atiq Ahmed). The property was valued at INR 3 crores. Atiq, his wife, brothers and sons are among several others named as accused in the murder of Umesh Pal, who was the main witness in BSP MLA Raju Pal murder case.
Additionally, the Prayagraj Development Authority district administration and police on 20th March razed the house of Mohammad Ghulam, one of the prime accused in the Umesh Pal murder case. The house was located in Mehdauri Uparhar locality. The authorities alleged that the construction of the house was illegal. The first notice to the Ghulam for illegal construction was served on 30th January and the demolition-cum-vacation order was passed on 23rd February. Ghulam's family members, however, alleged that it was their ancestral house and had nothing to do with Ghulam. They claimed that he had already sold out his portion. Ghulam was one of the five assailants involved in Pal's murder and carrying a reward of Rs 5 lakh on his head. This is the fourth house of Atiq aides to be bulldozed after Umesh Pal’s murder. Earlier, three houses were razed by the PDA in Chakia, Kasari Masari and Asrauli localities.
In another bizarre incident, the local authorities had demolished alleged 'illegal' portions of homes belonging to three Muslim youth accused of 'spitting' water on a religious procession. As per a complaint filed with the police, some people, who were part of the 'Baba Mahakal Sawari' procession in Ujjain on July 17, reportedly saw a few youngsters standing on the balcony of a building and "spitting water on them. Later the police clarified that they discovered during their investigation that the ‘spitting’ by the three Muslim youth was unintentional. Two of the accused are minors and brothers. They were sent to a juvenile home after they were produced in a court while the third accused has been remanded to judicial custody. The local authorities claimed that the portions demolished were illegally constructed. The local authorities who went for demolition were accompanied by drummers (The New Indian Express, 2023). The witnesses in the case have turned hostile.
In the largest demolition drive in 2023, the local administration in Mathura, Uttar Pradesh, razed more than 90 houses in Nai Basti, citing allegations of encroachment on public land. Nai Basti, located just 600 meters from the disputed site believed by some to be the birthplace of the Hindu god Krishna, is a predominantly Muslim neighborhood. Despite having a century-long history of residence in the area, the residents of Nai Basti received notices declaring their homes as 'encroachments' a few months prior to the demolition. According to the Railways, the area is being cleared to convert the 21-kilometer stretch from Mathura to Vrindavan from narrow to broad gauge to facilitate the operation of trains such as the Vande Bharat Express.
The demolition carried out by the railway administration has had a profound impact on the lives of the residents, with some families forced to live in the open. The majority of Nai Basti's inhabitants were involved in manual labor, and the demolitions abruptly halted their work, leaving them without the daily income essential for their survival. This drastic measure has resulted in severe disruptions and hardships for the affected families (Howale, 2023). The demolitions left more than 600 people homeless. The demolition was stayed by the Supreme Court.
Demolitions were employed as a tool for collective punishment in instances where properties owned by Muslims were dismantled by local administrations under the pretext of illegal construction, notably following communal riots in Vadodara and Nuh. The execution of these demolitions occurred in a markedly arbitrary manner, with affected individuals afforded insufficient opportunity to establish the legality of their properties. It is noteworthy that both communal riots were orchestrated subsequent to religious processions, and the demolitions followed hate speeches delivered by members of the ruling dispensation.
The aftermath of communal riots saw the demolition of properties, resulting in the displacement of hundreds of individuals who were not directly or indirectly involved in the acts of violence. This post-riot demolition practice signifies a paradigm shift in the discourse of communal violence, wherein the state assumes the role of an active participant, inflicting substantial harm on minority communities.
Reservations and state schemes for development of religious minorities:
The constitutional framework has instituted safeguards aimed at ensuring equitable opportunities and development for marginalized communities. However, a disconcerting trend has emerged wherein the state apparatus appears to contravene these safeguards, contributing to the marginalization and economic impoverishment of minority communities. This systematic marginalization is manifested through the deliberate denial of due shares in budget allocations to minority communities, intentional deprivation of resources to minority institutions and scholarships, and the revocation of protective measures under the pretext of labeling them as migrants and stripping them off the benefits of reservations. The ensuing examples illustrate instances of these practices.
In 2023, in Karnataka, the BJP government scrapped 4% reservations for Muslims and redistributed the same among the Lingayats and the Vokkaligas. The Lingayat and the Vokkaligas are dominant castes in Karnataka. H. D Deve Gowda’s government in 1994 had granted reservations to Muslims under 2B category of OBC quota. The granting of reservations to Muslims was upheld by the Supreme Court. The Karnataka government argued in favour of the move by claiming that Muslims were only economically backward and not socially backward. It is quite contrary to the observations of the Third Backward Class Commission, headed by Retired Justice Chinnappa Reddy which highlighted that Muslims were “socially and educationally backward”. It had also declared that the economic plight of the Muslims is close to that of the scheduled castes and in many educational parameters, Muslims fare worse than the scheduled castes. Interestingly, in the order spelling out the reclassification of the categories, Jains (Digamabaras) and Christians remain eligible for quota even though they too are based on religion. Christians and Jains are classified under the 2D category as per the government order.
The Budget allocation for the Ministry of Minority Affairs was reduced by 38% for the financial year 2023-24 to the year 2022-23. Several scholarship and skill development schemes got major fund cuts including the merit-cum means scholarship for professional and technical courses for students from minority communities. The schemes have been allotted funds of ₹44 crore in 2023, while the Budget for the same was ₹365 crore in 2022.
In 2023, the Centre announced discontinuation of the Maulana Azad National Fellowship (MANF) which offers research fellowship from six notified minority communities. MANF scholars from across 30 universities have urged Ms. Irani and her Ministry for Minority Affairs, the nodal agency for distribution of MANF, to expedite the MANF hike process and disburse the fellowship on a monthly basis.
A study by Development Data Lab at Dartmouth College in the US, looking at patterns of residence of Muslims and those belonging to the Scheduled Castes (SCs) across cities and villages found that urban areas were as segregated as rural places for SCs and more segregated for Muslims. The study also found that public services such as piped water, closed drainage, schools and health clinics within cities were systematically allocated away from neighbourhoods where marginalised groups like SCs and Muslims lived. About 26% of urban Muslims live in neighbourhoods that are more than 80% Muslim while roughly 17% of urban SCs live in neighbourhoods where more than 80% of residents are SCs, which is very similar to the distribution of SCs in rural areas. "Cities replicate the social environments of their hinterlands. Districts with segregated villages have segregated cities," noted the study, adding that people living in highly segregated cities were on average poorer than those in less segregated cities.
In Assam, About 40 lakh Assamese-speaking Muslims have been recognized as indigenous Assamese Muslims and a sub-group of the Assamese community. This move officially distinguishes the Assamese Muslims from the Bengali-speaking Muslims who have migrated from present-day Bangladesh since the late 1800s. Five Muslim groups — Goria, Moria, Deshi, Jolha and Syed — will be known as indigenous Assamese Muslims.
Encroachments:
A recurring trope employed to displace minority communities, particularly Muslims, revolves around the allegation of illegal encroachment of land. This pretext serves as a justification for the demolition of residences and, more alarmingly, places of worship belonging to these communities. Despite the presence of pertinent documentation attesting to the legal status of these structures in many reported cases, the administration consistently conducts encroachment drives, resulting in the displacement of the affected individuals.
In recent years, such endeavors have become notably prevalent in Assam, with authorities asserting claims of land occupation by purported Bangladeshi migrants. This assertion, however, is often contradicted by the documented legitimacy of the structures targeted in these displacement efforts. The persistence of such actions, conducted in disregard of factual legal standing, compounds the vulnerability of minority communities and raises concerns about the systematic infringement upon their rights and properties.
For instance, in February, the Assam government approved the clearance of 1,900 hectares of land in Sonitpur district, impacting over 12,000 individuals whom the administration accused of residing there illegally for many years. This marked the fourth such operation within two months, as the Sonitpur district administration, under heightened security, initiated the process to reclaim allegedly "encroached" land in the Burachapori Wildlife Sanctuary (BWS) and neighboring revenue villages on the southern bank of the Brahmaputra river in central Assam. While a majority of the occupants, mainly Bengali-speaking Muslims, had already vacated their homes after receiving notices in the preceding weeks, some were still in the process of relocating when the eviction drive commenced, as clarified by some affected families. These individuals asserted that they were never informed that the areas they inhabited were designated as forest or government land and claimed to have received benefits from various state and central government schemes (Deccan Herald, 2023).
Uttarakhand witnessed major “anti- encroachment” drives where the state claimed to have “liberated” 5000 acres of land previously encroached through what the CM referred to as ‘Land Jihad’. As part of an anti-encroachment campaign, the state has demolished approximately 500 Mazars and 50 temples. The Nainital district witnessed the highest number of such demolitions (Singh, 2023).
Police excesses/ extrajudicial killings:
The phenomenon of extrajudicial killings and arbitrary police actions has become a pernicious instrument employed to suppress marginalized social groups, displaying alarming frequency and a blatant disregard for established legal norms. In states such as Uttar Pradesh and Madhya Pradesh, these extrajudicial killings have not only garnered approval from right-wing organizations but have also generated a climate of fear among the minority communities. The chief ministers of these states have, paradoxically, received acclaim for such measures, exacerbating the sense of vulnerability among the minorities.
These instances of excesses compel victims and their families to confront a formidable challenge, as they find themselves compelled to contend with the very institutions entrusted with their protection and the upholding of the law. This divergence from established legal and ethical standards contributes to a broader context wherein the minorities encounter systemic obstacles in seeking justice and redress for the violence perpetrated against them.
In the Shahjahanpur district of Uttar Pradesh, the police fatally shot a resident of Mohalla Sarai in Katra who was accused of robbing the house of Alok Gupta on September 19th. During the robbery, Alok Gupta and his family members were stabbed when they resisted, leading to Alok Gupta's demise. Following a First Information Report (FIR), the police arrested Shahbaz. While being escorted for a court appearance after a medical examination in the evening, the police jeep lost balance on a highway near Batlaiya village due to a stray animal crossing its path.
According to the police, Shahbaz allegedly snatched a pistol from one of the police personnel and attempted to escape. Despite repeated warnings to surrender, Shahbaz reportedly fired at the police. In self-defence, the police claimed to have returned fire, resulting in Shahbaz being declared dead upon arrival at the hospital. The Superintendent of Police (SP) announced that the team, led by a circle officer, responsible for this commendable action would receive a reward of Rs 25,000 from the district police and Rs 50,000 from the state government (Rashid, 2023).
On September 22nd, Anish Khan, accused of assaulting a 40-year-old woman constable in the Saryu Express train on August 30, was shot dead by the Special Task Force (STF) of the Uttar Pradesh Police and a team from the Ayodhya police. The encounter occurred in the Pura Kalandar area of Ayodhya during a collaborative operation between the UP STF and Ayodhya Police. The assault on the woman constable had sparked outrage, prompting the Allahabad High Court to take suo motu cognizance of the incident. The constable was on her way to Ayodhya for Sawan Mela duty when the attack occurred (The Hindu, 2023).
In a heart-rending incident, Mohammad Sajid Abbasi, a 28-year-old daily wage worker from Rataul village in Baghpat, Uttar Pradesh, was apprehended by the police on July 2nd under suspicion of gambling. Subsequently, no evidence was found against him, leading to his release. Unfortunately, within hours of being released, Abbasi passed away. His demise was attributed to injuries sustained from alleged police brutality, as claimed by his relatives. The family contends that he was subjected to severe beatings by the police, rendering him unable to stand upon his return home. Additionally, he reportedly exhibited frothing from his mouth, indicating distressing circumstances surrounding his treatment (Times of India, 2023).
In a bizarre case, a woman was arrested for allegedly praying in an “Islamic posture” in a Shiva temple in Bareilly in Uttar Pradesh. The woman was a patient who had come to visit her father. She went to the temple to seek blessings for her better health. Someone shot a video of her praying and uploaded it on social media. It was alleged on the video that she was “offering namaz” in the temple. The police arrested her under under IPC sections 295A (outraging religious sentiment), 120B (criminal conspiracy) and 153A (promoting enmity between different groups) (Singh & Ansari, 2023).
Enactment of new Laws/ implementation of laws:
In recent years, the state has implemented policies and laws that systematically marginalize vulnerable communities, employing legislative frameworks as ostensibly legitimate tools to perpetuate discrimination and criminalize specific social groups. A notable manifestation of this phenomenon is evident in the implementation of stringent anti-conversion laws, which, in practice, are wielded arbitrarily to incarcerate individuals on false allegations. These laws themselves in the first place are drafted deliberately in vague terms giving an advantage to the state to bring under its ambit a number of cases.
Furthermore, the state's imposition of policies related to the wearing of the hijab in educational institutions exemplifies the utilization of "dress code" regulations as a means to obstruct the educational opportunities of Muslim women. An illustrative case occurred at Hindu College in Moradabad, Uttar Pradesh, where several students were denied entry and compelled to remove their burqas at the college gate. The authorities invoked the college's dress code as the basis for refusing entry to students attired in burqas (CNBCTV18, 2023).
This trend underscores a concerning pattern wherein legal instruments and institutional policies are employed to perpetuate systemic discrimination and hinder the access of marginalized communities to education and other fundamental rights.
Anti- Conversion Laws:
Imam Hafiz Iqbal was detained after right-wing members in Aligarh filed a complaint accusing him of "converting Hindus in his mosque". Iqbal was in jail since August 7. Imam was arrested under the state’s anti-conversion law. The imam was later released on 11th August after no evidence was found against him (Dilshad, 2023).
In a separate incident in Kanpur, Naib Tehsildar Ashish Gupta faced removal from his position in December after allegedly embracing Islam in order to marry a Muslim woman. An initial inquiry revealed a violation of the employee code, leading to his reassignment to the collectorate. Authorities conducted raids at various locations to locate the Muslim woman reportedly involved with Gupta. In response, the administration launched an inquiry led by the Tehsildar. Gupta's wife asserted that he was compelled to convert for the purpose of marrying the Muslim woman and subsequently filed an FIR against five identified and six unidentified individuals with the Maudaha police under Sections 3/5 (1), 5 (2) of the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act. The police apprehended the mosque caretaker, Mohammad Mushtaq, along with Kutubuddin Siddiqui, also known as Munna, and Asghar Ali from Bahraich. Prior to their incarceration, all three underwent medical examinations (Hindustan Times, 2023).
Mohammad Sabbir, resident of Indore, was convicted under the Madhya Pradesh Religious Freedom Act, 2021 in August. Hailed as the first conviction under the anti-conversion law in Madhya Pradesh, Sabbir was accused of raping and converting a girl into Islam. He was ordered to pay a fine of INR 56000 to the victim and INR 50,000 as compensation. He was sentenced to 20 years of rigorous imprisonment (Times of India, 2023).
Namaz:
Authorities at M S University in Vadodara faced demands for action against a student who was captured on video performing namaz within the university campus. The footage shows a female student engaged in prayer outside the botany department's lecture hall. This incident marks the third of its kind on the college campus. In response to the controversy, Professor Haribhai Kataria, the dean of the Faculty of Science, issued a notice imposing restrictions on all students and faculty members, prohibiting any form of religious activities within the faculty premises. The notice emphasized the Faculty of Science's status as a premier institute of higher education, stating that engaging in religious activities within its premises is deemed inappropriate. The notice warned that any violation of this directive would result in appropriate disciplinary action.
Delimitation:
The utilization of delimitation as a strategic tool to manipulate constituency boundaries with the explicit intent of minimizing the electoral influence of Muslim populations has been observed, notably in the state of Assam. This strategic redrawing aims to render the votes of the Muslim community inconsequential, thereby facilitating the unimpeded dominance of the ruling party. Consequently, the ruling party is absolved from the necessity to engage with or safeguard the interests of the Muslim population.
The recent issuance of the final delimitation list for Assam, subsequent to a comprehensive revision of constituencies, underscores the culmination of this process. The conclusive delimitation order delineates adjustments to the boundaries of numerous constituencies, maintaining an aggregate count of 14 parliamentary and 126 assembly constituencies. Noteworthy alterations include modifications to 30 assembly constituencies, accompanied by the introduction of 26 new ones.
Critics posit that the delimitation proposal, ostensibly undertaken for administrative reasons, harbors a covert agenda to curtail the political representation of Assam's Bengali-origin Muslim community. This community is often stigmatized as illegal immigrants from neighboring Bangladesh. The All-India United Democratic Front (AIUDF), whose principal support base emanates from Assam's Bengali-origin Muslims, contends that the delimitation exercise is poised to reduce the number of Muslim-majority assembly constituencies in the state from 29 to 22.
It is imperative to highlight that the delimitation process relies on demographic data derived from the 2001 census, as opposed to the more recent 2011 census. This methodological choice entails that demographic shifts, particularly increases in the state's Muslim population, are not factored into the revision of existing Scheduled Caste (SC) and Scheduled Tribe (ST) constituencies. Consequently, the preservation of these constituencies from being de-reserved remains unaffected by the evolving demographic landscape.
Conclusion:
Structural violence, as manifested by the state, constitutes a systematic and deliberate means to marginalize vulnerable segments of society, resulting in their dispossession, displacement, and loss of life. This insidious form of violence is enacted with a high degree of organization and method, strategically implemented to render minority communities as second-class citizens, thereby contravening the principles outlined in the Constitution of India. This resultant marginalization extends beyond mere physical harm and encompasses a multifaceted assault on the rights, resources, and livelihoods of minority communities. The implications of such structural violence are particularly egregious, as it contravenes the foundational principles of equality and justice enshrined in the constitutional framework of India.
In this context, the state's role in rendering minorities as second-class citizens is not only a violation of constitutional principles but also indicative of a systemic failure to uphold the fundamental tenets of a democratic and inclusive society. The ramifications of such actions extend beyond individual instances of violence, posing a broader challenge to the principles of social justice and equality enshrined in the constitutional ethos of the nation.
