From Protest to Bloodshed: Inside Collective Violence in India
Introduction
Collective violence refers to the use of violence by groups of individuals to achieve political, social, or economic objectives. It often results from deep-rooted societal grievances, inequality, or ideological conflicts. Collective violence can manifest in various forms including riots, terrorism, communal violence, mob lynching, and political unrest. Unlike individual violence, it involves collective participation and tends to have a broader impact on society. In India, such violence is frequently linked with caste, religion, and political rivalry. The repercussions include loss of life, property damage, and long-term social disharmony. Governments and civil societies play key roles in mitigating its impact.
Meaning
Collective violence is defined by the World Health Organization as “the instrumental use of violence by people who identify themselves as members of a group.” It can be carried out by states, organized political groups, or mobs and includes wars, genocide, terrorism, and organized crime. This form of violence transcends individual intentions and represents a collective identity’s aggression toward another. It usually arises from systemic inequality, political manipulation, or historical grievances. In India, collective violence is often driven by communal tensions, caste dynamics, or regional disputes. It disrupts public order, affects human rights, and requires legal as well as social intervention.
Types of Collective Violence
1. Communal Violence
Involves conflicts between different religious or ethnic communities. Often incited by political or religious provocations, it leads to riots, arson, and killings. Notable examples include the 2002 Gujarat riots and 1984 anti-Sikh riots.
2. Caste-based Violence
Predominantly seen in rural India, caste violence targets lower caste communities, especially Dalits, through mob attacks, social boycotts, and exploitation. Incidents in Khairlanji and Una are stark examples.
3. Political Violence
Occurs during elections, protests, or regime changes, often incited by political leaders or rival factions. It may include assassinations, riots, or insurgency like in West Bengal and Jammu & Kashmir.
4. Terrorism
Carried out by organized groups to instill fear and achieve ideological goals. Examples include the 26/11 Mumbai attacks and Naxalite insurgency in central India.
5. Mob Lynching
A form of street justice where a mob punishes an individual based on rumor or belief, often without legal proof. Recently linked with cow protection vigilantism and communal rumors spread via social media.
Factors Leading to Collective Violence
1. Religious and Ethnic Differences
Communal identities can foster division. When communities perceive threats to their beliefs or practices, it can trigger violence, especially if political forces manipulate sentiments.
2. Political Instigation
Politicians sometimes use inflammatory speeches or strategies to consolidate vote banks, inciting mass aggression or rioting for political gains.
3. Social Inequality and Marginalization
Groups denied equal opportunities or justice may resort to violence to express frustration. Disparities in income, education, and access to justice escalate tensions.
4. Failure of Law Enforcement
Police inaction, delayed justice, and political bias erode trust in legal systems, encouraging mob action and vigilante justice.
5. Misinformation and Rumors
Social media and word-of-mouth rumors often trigger mob reactions, especially in rural or less literate regions, leading to spontaneous collective violence.
Case Laws
1. Kehar Singh v. State (1988) – Indira Gandhi Assassination
This case dealt with the assassination of Prime Minister Indira Gandhi and the collective conspiracy behind it. Kehar Singh was found guilty of conspiracy and executed. The event triggered mass anti-Sikh riots, showing how individual actions led to collective violence against a community. The case highlighted the legal accountability of conspirators in inciting collective aggression.
2. Tukaram v. State of Maharashtra (1979) – Mathura Rape Case
Although not direct collective violence, the case triggered mass protests and collective outrage, leading to the reform of rape laws in India. It represents how institutional apathy can incite collective civil unrest.
3. Best Bakery Case (2002) – Gujarat Riots
This case involved the burning of a bakery during the 2002 Gujarat riots, where 14 people were killed. The Supreme Court later transferred the case to Maharashtra for a fair trial, and nine accused were convicted. The case underscores the challenges of justice in communally charged violence.
4. State v. Sajjan Kumar (2018) – 1984 Anti-Sikh Riots
Sajjan Kumar, a senior Congress leader, was convicted for his role in instigating the 1984 riots after Indira Gandhi’s assassination. It reaffirmed that political figures can be held accountable for inciting mass violence.
5. Tehseen Poonawalla v. Union of India (2018) – Mob Lynching Case
The Supreme Court issued detailed guidelines against mob lynching, mandating fast-track courts and police responsibility. It recognized mob lynching as a separate category of crime needing strict legal action.
6. Zahira Sheikh v. State of Gujarat (2004) – Best Bakery Retrial
The Supreme Court ordered a retrial outside Gujarat due to witness intimidation and state inaction. The verdict emphasized the need for impartial justice in cases of collective violence.
7. Laxmanpur Bathe Massacre Case (2010) – Caste Massacre
Involving the killing of 58 Dalits by upper-caste militias in Bihar in 1997, the Patna High Court later acquitted all accused due to lack of evidence. It highlighted systemic failures in punishing caste-based collective violence.
Related section of ndian Penal Code (IPC):
• Section 141-145 – Unlawful assembly and rioting
• Section 147-151 – Rioting and punishment
• Section 153A – Promoting enmity between different groups
• Section 295-298 – Offenses relating to religion
• Section 302 – Murder (used in mob lynching or riots)
• Section 307 – Attempt to murder
• Section 120B – Criminal conspiracy
• Section 505 – Statements promoting enmity or public mischief
Related Article: Constitution of India:
• Article 14 – Right to equality
• Article 19(1)(a) – Freedom of speech
• Article 21 – Right to life and personal liberty
• Article 25-28 – Right to freedom of religion
• Article 355 – Duty of Union to protect states against external aggression and internal disturbance
• Article 51A(e) – Fundamental duty to promote harmony
Special Acts:
• Unlawful Activities (Prevention) Act, 1967
• Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
• National Security Act, 1980
• The Prevention of Damage to Public Property Act, 1984
Conclusion
Collective violence undermines the social fabric of any society and poses a serious challenge to law, order, and human rights. Its root causes lie in deep-seated social, economic, and political inequalities. The state has a pivotal role in ensuring timely justice, proactive policing, and promoting inclusive governance. Legal frameworks must be backed by efficient implementation and social reform. Education, awareness, and media regulation can prevent the spread of inflammatory content. Only through a comprehensive, multi-sectoral approach can collective violence be prevented and harmony be restored in a diverse society like India.
References
2. (https://indiankanoon.org/doc/1192199/) (Kehar Singh v. State)
3. (https://indiankanoon.org/doc/248838/) (Tukaram v. State of Maharashtra)
4. (https://indiankanoon.org/doc/39621810/) (State v. Sajjan Kumar)
5. (https://indiankanoon.org/doc/171512701/) (Tehseen S. Poonawalla v. Union of India)
6. (https://indiankanoon.org/doc/170871609/) (Zahira Habibullah Sheikh v. State of Gujarat)
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