128 capacity building for conflict Resolution i. Enhanced punishments for communal offences.
ii. Setting up of special courts for expeditious trial of cases related to communal violence.
iii. Giving powers of remand to Executive Magistrates in cases of communal offences.
iv. Prescription of norms of relief and rehabilitation.
Further, as recommended in para 6.1.7.9 of the Commission’s Report on
‘Public Order’, this should be accompanied by the deletion of the provisions contained in Section 196 of CrPC requiring prior sanction of the Union or State Government or the District Magistrate for initiating prosecution for offences under Sections 153A, 153B, 295A and sub-sections (1)(c), (2) and (3) of Section 505 of IPC.
e. For providing relief and rehabilitation to victims of communal violence, the framework provided under the Disaster Management Act, 2005 could be effectively used.
10.1 Introduction
10.1.1 Political parties are crucial elements in the democratic process, and to that extent, very important from the perspective of conflict resolution. In a heterogeneous country like
India, in which different sections of people have grievances that arise out of social, economic and political issues that remain to be resolved, it is important that they make use of the democratic space for the resolution of such grievances. In this respect, political parties have a crucial role to play. When the political process is not in a position to articulate such legitimate demands, conflicts emerge. In the areas now plagued by the left extremist movement, it is the failure of the political process that has enabled the movement to mobilise people and enlist them in its ranks. In the 1960s and 1970s, political parties in States like Kerala and
West bengal were successful in understanding and then articulating and operationalising the interest and aspirations of people into concrete programmes thus averting a situation where sections of them would have come under the influence of extremist elements. Today it has become more difficult for democratic space to be used for resolving conflicts. One reason is because of compulsive politics where each political grouping has multiple identities and where conflicts impinge on regional issues almost all the political parties with regional interest in these issues take a rigid stand because of which conflicts tend to get “frozen”.
Examples of these are the inter-State disputes on water, location of central projects etc where political parties of one State including the national parties make common cause against the other State thus becoming a source of conflict in the region.
10.1.2 because of the above situation, it is necessary in the interest of conflict resolution for democratic restraint on the part of all political parties and their functionaries. An effective way of institutionalising this could be by formulating an enforceable code of conduct for political parties which would define the forms of dissent permissible in a democratic set-up and suggest measures for ensuring that these are complied with.
10.1.3 The code must be drawn up by the political parties themselves. It could then be considered for incorporation into a law which would inter alia set out the forms of dissent permissible in a democratic set-up. Enforcement of this code can be by the Election commission of India. In essence, the law should emphasise that constitutional provisions
10
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130 capacity building for conflict Resolution be strictly adhered to in public affairs. The perspective should be that our constitution has created the space to resolve conflicts – as it was forged at a time of great conflict. The law could also stipulate punitive action against political parties and their functionaries resorting to violence in conflict situations, instigating violence and exceeding the prescribed forms of democratic dissent by providing for criminal cases to be filed against them and imposing fines as deterrents.
10.2 Identity Issues
10.2.1 In recent times, identity issues have had a significant influence on how conflicts arise and escalate. Identity issues are those in which collective identities such as those based on language, religion, sect, caste and tribe, assume preeminence.
40 Identity issues are not unique to India, they are a worldwide phenomenon although they prevail in a particularly intense form in today’s India where communities based on language, religion, sect, caste and tribe have strengthened their identities. conflicts based on such identity issues often lead to violence. A recent example is the increasing conflict generated by sections of society wanting to be counted as tribes, as evidenced in the agitation by the Gujjar community and its opposition by the Meena community in Rajasthan. Ideally, such issues should be adjudicated by the institutional mechanisms provided for the purpose such as the National commissions for Scheduled castes, Scheduled Tribes and the backward classes and the decisions of these commissions should be final and accepted by all concerned.
10.2.2 The matter is compounded by the fact that identity issues largely determine how political parties behave and function. Whether at the time of elections or in forming alliances in the legislatures or in and between political parties, the equations based on identity issues become the guiding consideration. The felicity with which the abiding loyalties of caste and community are harnessed for mobilizing political support is because of certain fundamental features of Indian society.
10.2.3 Historically, the seeds of identity politics were planted in India during colonial rule.
The british acted from a combination of motives. Some of them adopted a paternalistic, almost protective attitude towards the religious minorities and the backward communities and promoted their interests on humanitarian considerations. They were, at the same time, not oblivious to the opportunities for maintaining their authority in India through the archetypal policy of divide and rule.
10.2.4 The seeds thus planted came to bear fruit during Partition and later in India as parliamentary democracy took roots. Democratic politics has played a crucial role in shoring up identity based on language, religion and caste because the primary concerns of democratic politics were centred on the distribution and redistribution of the benefits
40 Andre beteille, “classes and communities”, in Economic and Political Weekly, March 17, 2007
Politics and conflicts and burdens of society among its various constituent parts. To that extent, identity politics which essentially seeks to bring about a more favourable redistribution within the existing social framework, became a handy tool for politicians to exploit.
10.2.5 Identity politics has induced fundamental changes in how political parties woo the electorate. In the early days of Independence, political parties used to woo all sections of society irrespective of caste, religion, community or class. They projected an inclusive nationalist image rather than that of any sectional interest. Politicians used the need for over-all development as well as anti-poverty, rural development or employment programmes to attract votes. There was a change when some religious revivalists and caste groups created cohesion within the group by stressing on separation from and conflict with ‘outsiders’. consolidation of these groups went hand-in-hand with the fragmentation of society as a whole. Today, the survival of many political parties depends on the maintenance of linkages with one and more segmented groups. Political parties openly flaunt their narrow identities, these particularisms are now seen as a part of the process of empowerment. A positive aspect of the stress on particular social segments is that some of the groups or interests that were earlier marginalised have been able to find more space for themselves within the political and social systems. They have more bargaining power than they had in the past, and are now increasingly part of the mainstream. but the negative aspect has been the growth of a group-based approach in all matters.
10.2.6 Fragmentation of the political party system based on the proliferation of narrow and local identities can continue endlessly. Each segment further encourages its sub-segments to search for their political space. This type of fragmented ‘pluralism’ has surfaced in several parts of the country. In Andhra Pradesh, for example, the conflict between Malas and Madigas, two important Dalit communities in the State, has led to the emergence of separate political organisations. Though they are not political parties in the strict sense of the term, these organisations are politically important because they have made their support to political parties conditional on the benefits the parties would be able to provide to them.
10.2.7 While such a development can, in one sense, be viewed as an inevitable step in the inclusion of marginalised groups in the country’s democratic process, it can also lead to conflict and endless strife, leading ultimately to a recurring cycle of violence. What is important, therefore, is to ensure that the process of identity politics is played out in the political arena within the space provided by democracy and does not develop into intractable conflicts tainted by violence and threat to public order and unity.
10.2.8 considering the magnitude and complexity of the problem and the compulsions and proclivities of political parties to play the identity card, mere punitive action may not be enough. It may be necessary to create an institutional framework that can keep
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130 capacity building for conflict Resolution be strictly adhered to in public affairs. The perspective should be that our constitution has created the space to resolve conflicts – as it was forged at a time of great conflict. The law could also stipulate punitive action against political parties and their functionaries resorting to violence in conflict situations, instigating violence and exceeding the prescribed forms of democratic dissent by providing for criminal cases to be filed against them and imposing fines as deterrents.
10.2 Identity Issues
10.2.1 In recent times, identity issues have had a significant influence on how conflicts arise and escalate. Identity issues are those in which collective identities such as those based on language, religion, sect, caste and tribe, assume preeminence.
40 Identity issues are not unique to India, they are a worldwide phenomenon although they prevail in a particularly intense form in today’s India where communities based on language, religion, sect, caste and tribe have strengthened their identities. conflicts based on such identity issues often lead to violence. A recent example is the increasing conflict generated by sections of society wanting to be counted as tribes, as evidenced in the agitation by the Gujjar community and its opposition by the Meena community in Rajasthan. Ideally, such issues should be adjudicated by the institutional mechanisms provided for the purpose such as the National commissions for Scheduled castes, Scheduled Tribes and the backward classes and the decisions of these commissions should be final and accepted by all concerned.
10.2.2 The matter is compounded by the fact that identity issues largely determine how political parties behave and function. Whether at the time of elections or in forming alliances in the legislatures or in and between political parties, the equations based on identity issues become the guiding consideration. The felicity with which the abiding loyalties of caste and community are harnessed for mobilizing political support is because of certain fundamental features of Indian society.
10.2.3 Historically, the seeds of identity politics were planted in India during colonial rule.
The british acted from a combination of motives. Some of them adopted a paternalistic, almost protective attitude towards the religious minorities and the backward communities and promoted their interests on humanitarian considerations. They were, at the same time, not oblivious to the opportunities for maintaining their authority in India through the archetypal policy of divide and rule.
10.2.4 The seeds thus planted came to bear fruit during Partition and later in India as parliamentary democracy took roots. Democratic politics has played a crucial role in shoring up identity based on language, religion and caste because the primary concerns of democratic politics were centred on the distribution and redistribution of the benefits
40 Andre beteille, “classes and communities”, in Economic and Political Weekly, March 17, 2007
Politics and conflicts and burdens of society among its various constituent parts. To that extent, identity politics which essentially seeks to bring about a more favourable redistribution within the existing social framework, became a handy tool for politicians to exploit.
10.2.5 Identity politics has induced fundamental changes in how political parties woo the electorate. In the early days of Independence, political parties used to woo all sections of society irrespective of caste, religion, community or class. They projected an inclusive nationalist image rather than that of any sectional interest. Politicians used the need for over-all development as well as anti-poverty, rural development or employment programmes to attract votes. There was a change when some religious revivalists and caste groups created cohesion within the group by stressing on separation from and conflict with ‘outsiders’. consolidation of these groups went hand-in-hand with the fragmentation of society as a whole. Today, the survival of many political parties depends on the maintenance of linkages with one and more segmented groups. Political parties openly flaunt their narrow identities, these particularisms are now seen as a part of the process of empowerment. A positive aspect of the stress on particular social segments is that some of the groups or interests that were earlier marginalised have been able to find more space for themselves within the political and social systems. They have more bargaining power than they had in the past, and are now increasingly part of the mainstream. but the negative aspect has been the growth of a group-based approach in all matters.
10.2.6 Fragmentation of the political party system based on the proliferation of narrow and local identities can continue endlessly. Each segment further encourages its sub-segments to search for their political space. This type of fragmented ‘pluralism’ has surfaced in several parts of the country. In Andhra Pradesh, for example, the conflict between Malas and Madigas, two important Dalit communities in the State, has led to the emergence of separate political organisations. Though they are not political parties in the strict sense of the term, these organisations are politically important because they have made their support to political parties conditional on the benefits the parties would be able to provide to them.
10.2.7 While such a development can, in one sense, be viewed as an inevitable step in the inclusion of marginalised groups in the country’s democratic process, it can also lead to conflict and endless strife, leading ultimately to a recurring cycle of violence. What is important, therefore, is to ensure that the process of identity politics is played out in the political arena within the space provided by democracy and does not develop into intractable conflicts tainted by violence and threat to public order and unity.
10.2.8 considering the magnitude and complexity of the problem and the compulsions and proclivities of political parties to play the identity card, mere punitive action may not be enough. It may be necessary to create an institutional framework that can keep
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132 capacity building for conflict Resolution a watch on the political parties playing the identity card and creating conflict at the district and sub-district levels. The services of such an institution can be utilised as a watchdog body at the district and sub-district levels to monitor and prevent activities of political parties in playing identity politics engender conflicts. The reports of this watchdog body would be an important input for the Election commission to take action under the law proposed earlier.
10.3 Recommendations a. Political parties should evolve a code of conduct on the forms of dissent permissible in our democratic set up. This could be incorporated in a law, which would apply to all political parties and their functionaries.
Enforcement of the law could be entrusted to the Election Commission.
The law should also stipulate punitive action against political parties and their functionaries violating the prescribed forms of democratic dissent, by providing for criminal cases to be filed against them and imposing fines as deterrent. b. There should be consensus that identity politics would be played within the space provided by democracy and not allowed to develop into intractable conflicts leading to violence. Political parties need to build capacity to arrive at such a consensus.
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11.1 Contours of the Problem
11.1.1 Many regional conflicts are an outcome of disparities in the development of a particular region compared to the remaining parts of the country or the State of which that particular region is a part. Such conflicts are not unique to India; no State can afford to ignore its region specific conflicts whether they arise on account of disparities or for other reasons. As Jeffery Sachs points out 41 in the context of conflicts and backwardness in Africa, there are situations and places where disparities could be a fact of life. In his famous words,
“geography has conspired with economics to give Africa a particularly weak hand” 42 . This highlights the need for disparities to be tackled preferably through appropriate interventions, or else, by putting in place suitable ‘safety nets’ and better governance to avoid situations of conflict and strife.
11.1.2 Per capita income is the measure of development and standard of living commonly used in inter-country comparisons to determine existence of disparities. Within a country, measurement and comparison of the Net State Domestic Product (NSDP) of its constituent units offer an idea of prevailing imbalances. The following Table provides a reasonably accurate idea of the existing inter-State disparities through details of per capita NSDP and the State-wise averages for selected years:
State
I High Income (HI)
Goa
Gujarat
Haryana
Maharashtra
Table 11.1: Per Capita NSDP in Different States
Average:
1960-61,
1961-62 &
1962-63
Average:
1970-71,
1971-72 &
1972-73
Average:
1987-88,
1988-89 &
1989-90
402
371
418
821
1010
849
7364
4602
5284
5369
Average:
1996-97,
1997-98 &
1998-99
23853
17393
17804
19248
41 Jeffery D Sachs, “The End of Poverty”. New york (Penguin) 2005 pp 51-73 & 188-208
42 Ibid p-208
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