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  Communal Riots the State and Law in India
 

Communal Riots The State And Law In India

by Iqbal A. Ansari

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  Existing literature on communal riots mostly deals with causes of riots in contemporary structural terms in the political, economic and socio-cultural perspectives, tracing on occasions their origin to historical roots. The role of the state’s law-enforcement agencies in prevention and control of riots and prosecution of rioters, though generally figures in most inquiry reports, has not been exclusively dealt with in any book so far. The present book deals with this aspect of riots, which has lately gained prominence in view of the growing realization that major riots like those of Delhi (1984), Bhagalpur (1989) and Ayodhya debacle all owe themselves to failure of governance. During all the phases of riots i.e. preventive, control and prosecution, the role of the State’s law enforcement machinery ahs been questioned as neither impartial nor effective. The reasons for this recurring failure of the State machinery, as revealed by studies and inquiries by reputed scholars, NGOs and judicial Commissions, has been traced by distinguished perceptions on minorities, but most importantly to the cynical calculations of the political executive who use the civil administration and the police for their political survival and consolidation of power. The book suggests reorganization of the police under statutory Security Commissions as recommended by the National Police Commission. All suggested are measures for the representation of minorities and other weaker sections in all wings of law-enforcement, and training of the forces in human rights, especially in the use of firearms in accordance with UN Code of conduct, emphasizing use of non-lethal weapons and techniques of ob control. The Criminal justice system, especially in cases arising out of riots, has also come in for criticism. Suggestions have been made to-reform police procedures, and practices and to set up special investigating and prosecuting agencies, for speedily bringing to justice all those who are involved in rioting. The book underlines the need fro certainty of punishment of the guilty and adequate compensation to the innocent victims for which a law needs to be enacted. Apart from contributed articles the book includes relevant studies and analyses like those by V.N. Rai, N.C. Saxena, Amnesty International, Human Rights Watch/Asia. It also presents some seminar reports on the subject, especially that organized in Bombay by Dr. Asghar Ali Engineer. Also included in the book are summaries of some recent law court judgments and of earlier Reports of Commissions of Inquiry into disturbances at Bhiwandi etc. (1970), Tellicherry (1971), Jamshedpur (1979) and Amnesty International’ Report on Meerut Riots (1987).
ISBN - 8185220441
 


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