Sectarian Violence And Terrorism Prosecutions
๐น I. Understanding Sectarian Violence and Terrorism
1. Definitions
Sectarian Violence: Conflicts or violent acts between different religious, ethnic, or communal groups, often resulting in riots, property destruction, or loss of life.
Terrorism: Acts intended to intimidate the public or government, often for political, religious, or ideological purposes, which may include bombings, shootings, or organized attacks.
Connection: Sectarian violence can escalate into terrorism if it is organized, planned, and intended to create fear among communities.
2. Legal Framework in India
Indian Penal Code (IPC)
Section 302: Punishment for murder
Section 153A: Promoting enmity between groups
Section 153B: Imputations or assertions causing enmity
Section 307: Attempt to murder
Section 120B: Criminal conspiracy
Unlawful Activities (Prevention) Act (UAPA), 1967
Section 16: Punishment for terrorist acts
Section 18: Funding terrorist organizations
Section 39: Punishment for conspiracy, facilitating terrorism
Prevention of Communal Violence Acts (State-specific)
For example, Gujaratโs Communal Violence (Prevention) Act, 2003
Provides mechanisms for prosecution of mass violence and riots
National Investigation Agency (NIA) Act, 2008
NIA can investigate terrorism with cross-border or national implications
Key Principle: Prosecution can involve multiple statutes simultaneously, especially if violence escalates into terrorism or organized attacks.
๐น II. Landmark Cases of Sectarian Violence and Terrorism
Case 1: 2002 Gujarat Riots โ Zakia Jafri v. State of Gujarat
Facts:
Widespread communal riots occurred in Gujarat, resulting in deaths of hundreds, primarily Muslims.
Legal Issues:
Alleged state complicity and failure to prevent violence
Use of IPC Sections 302, 153A, 120B, and Prevention of Communal Violence Act
Judgment:
Supreme Court reviewed SIT investigation; acquittals of most accused were upheld due to lack of direct evidence linking officials to conspiracy.
Emphasized proper collection of evidence in communal violence cases.
Significance:
Established importance of investigating state complicity in sectarian violence.
Highlighted difficulties in proving criminal conspiracy in mass violence.
Case 2: 1993 Bombay Bomb Blasts โ State v. Yakub Memon
Facts:
Coordinated bomb blasts in Mumbai killed 257 people, linked to sectarian retaliation from previous riots.
Legal Issues:
Sections 302, 120B IPC (conspiracy and murder)
Terrorism charges under Terrorist and Disruptive Activities (Prevention) Act โ TADA
Judgment:
Yakub Memon was convicted and executed in 2015.
Supreme Court upheld that organized sectarian violence combined with terrorism charges warranted capital punishment.
Significance:
Illustrates transition from communal riots to terrorism through planned attacks.
Reinforces strict punishment for acts targeting public peace based on sectarian motives.
Case 3: 2006 Malegaon Blast โ Sadhvi Pragya Singh Thakur & Others
Facts:
Bomb blast in Malegaon targeted the Muslim community. Accused allegedly motivated by religious extremism.
Legal Issues:
IPC Sections 302, 307, 120B (murder, attempt to murder, conspiracy)
UAPA Section 16 (terrorism)
Judgment:
Initially charges framed under terrorism provisions, though subsequent investigation involved debates on evidence and motive.
Significance:
Highlighted sectarian bias in terrorist acts.
Showed how UAPA enables prosecution of ideologically motivated violence beyond riots.
Case 4: 2007 Samjhauta Express Bombing โ NIA Investigation
Facts:
Bombs exploded on the Samjhauta Express train (India-Pakistan route), killing 68. Evidence suggested sectarian motives and cross-border terrorist links.
Legal Issues:
Sections 302, 120B IPC
UAPA Sections 16, 18, and 39
Investigation by NIA for terrorism and cross-border conspiracy
Judgment:
Accused prosecuted under UAPA for terrorism and conspiracy.
NIA emphasized sectarian ideology as a factor motivating attacks.
Significance:
Case illustrates sectarian terrorism at national and international levels.
Emphasizes need for specialized agencies (NIA) to handle complex cases.
Case 5: 2013 Bodh Gaya Bombing โ State v. Ajay Kumar
Facts:
Bomb blast near Mahabodhi temple in Bihar; motive linked to sectarian extremism against religious minorities.
Legal Issues:
IPC Sections 302, 307, 120B
UAPA Sections 16 and 18 (terrorism and funding)
Judgment:
Conviction under UAPA Sections 16 and IPC conspiracy charges.
Court held that targeting religious minorities for ideological reasons constitutes terrorism.
Significance:
Reinforced legal recognition of sectarian motivation as aggravating factor in terrorism.
Case 6: 2018 Malegaon Blast โ Abdul Shakoor Qureshi & Others
Facts:
Series of IED blasts targeting Muslim neighborhoods. Accused part of extremist network.
Legal Issues:
IPC Sections 302, 307, 120B
UAPA Sections 16, 18, 39
Judgment:
Court convicted accused for terrorism with sectarian motivation.
Held that online radicalization and recruitment formed part of preparatory acts for sectarian terrorism.
Significance:
Demonstrates continuing threat of sectarian terrorism and reliance on UAPA for prosecution.
๐น III. Key Legal Principles from These Cases
Sectarian motive aggravates punishment: Targeting religious/ethnic groups adds severity to charges.
UAPA enables prosecution of terrorism arising from communal violence: Provides strict liability for funding, conspiracy, and facilitation.
IPC Sections 302, 307, 120B essential: Used for murder, attempt, and conspiracy charges.
Specialized agencies are crucial: NIA investigates complex cases involving cross-border terrorism or sectarian conspiracies.
Evidence collection is critical: Sectarian violence often occurs in chaotic environments, making direct evidence and forensic investigation essential.
๐น IV. Comparative Notes
Pakistan: Pakistan Penal Code Sections 6 and 7 address terrorism, including sectarian violence.
UK: Terrorism Act 2000 criminalizes sectarian-motivated attacks and proscribes terrorist organizations.
US: Federal law treats sectarian-motivated attacks as terrorism if targeting civilians or government operations.
๐น V. Conclusion
Sectarian violence escalates into terrorism when organized, planned, and ideologically motivated.
IPC, UAPA, and state communal violence laws provide a comprehensive framework for prosecution.
Landmark cases like 1993 Bombay blasts, 2002 Gujarat riots, Malegaon blasts, Samjhauta Express show courtsโ emphasis on:
Proving sectarian motive
Using special statutes (UAPA)
Ensuring national security concerns override ordinary legal defenses
Proper forensic, digital, and eyewitness evidence is crucial in prosecuting sectarian terrorism.
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