Social Issues Handout-7 (Class-8) 2023-24 Batch-by Mr.
Sahil Goyal History of Communalism in India
1857: Hindu Muslim unity is seen, British however crush this revolt and started following policy of divide and rule
1875: Birth of Arya Samaj which was initially a reformist movement later becoming revivalist movement
1905: Partition of Bengal, birth of extremist
1906: Birth of Muslim League, demands separate electorates for Muslims
Started use of religion in politics Spread of idea that only Muslims can take care of Muslims not Hindus
1909- separate electorates are granted by Morley-Minto reforms- (divide and rule policy)
VAJIRAM & RAVI 1
1916: Lucknow pact between Congress and Muslim League, acceptance of Separate electorates by congress- Blunder committed by congress –later leading to partition of India 1920: Gandhiji: Hindu Muslim unity is pillar of National Movement He will align the interest of both Hindus and Muslims to fight against the common enemy- British Promised Muslim of Khilafat justice in return for their support to NCM Muslim agreed and Hindu Muslim unity is seen in NCM
1921: Malabar riots – peasant revolt painted as communal violence
1922: NCM stopped suddenly- without justice for Khilafat wrong- Muslims losing trust in the leadership of Gandhi
1940- Muslim league demanded PAKISTAN- fearing Majoritarianism (rule of majority Hindus without protecting the interest of minority Muslims)
1945- Direct action day launched by Muslim league- communal rights across the country- to pressure on British to accept 2 nation theory
1947: Partition plan is passed: communal riots across the country:
Partition left a “permanent scar” in the hearts and minds of Indians that Hindus and Muslims are fundamentally different from each other
1949- Idol of lord Ram installed inside Barbri Masjid mosque in Ayodhya Babri masjid is now a disputed site between Hindus and Muslims
1984- Anti Sikh Riots in Delhi- operation blue star
1990- exodus of Kashmiri Pandits in Kashmir valley
6, dec 1992: Babri Masjid is demolished by karsevaks- communal riots across country
2002- Godhra riots in Gujarat
2013- Muzzafarnagar riots between Hindus and Muslims
2019- East Delhi riots on protest against anti CAA
PLACES OF WORSHIP ACT, 1991
VAJIRAM & RAVI 2
2019: Ayodhya land title dispute SC ruling: • Ram Janm Bhoomi (disputed land) awarded to Hindus • Secularism is part of basic structure of the constitution • Court upheld” Places of worship act” 1991 What is this act about? • If a religious site is in dispute, the dispute can be solved by checking the status of the religious site on 15th August 1947 • If on this day the site belonged to a particular religion, it would continue to remain so forever • Even courts will solve dispute using POWA,1991 • The law exempts 2 sites o Babri Masjid site o Archeological sites and remains Why this act is in news? • Gyanwapi mosque near KashiVishwanath Mandir, is the new religious site under dispute • Hindus claim it to be a Hindu religious site but the biggest road block is POWA,1991 which makes it a muslim religious site • So the constitutional validity of the POWA has itself been challenged in the Supreme Court
History of Article 44 • 1955- Hindu code bill is passed in the parliament o Under Hindu code bill 4 acts are passed: ▪ Hindu marriage act 1955 ▪ Hindu succession act, 1956 ▪ Hindu Minority and Guardianship Act, 1956 ▪ Hindu Adoption and Maintenance Act,1956 o These 4 laws will be uniformly applicable to 4 religious’ groups ▪ Hindu, Buddhist, sikh and Jains o Therefore, UCC is introduced for 4 religious’ groups • 1937- Muslim personal law is passed o Muslim personal law application act/ Shariat act o However, it does not codify Muslim personal laws and leave to the interpretation of Quran by maulvis and other religious head for matters related to Personal law o It bars interference of state in PL of mulsims
VAJIRAM & RAVI 3
• For Christians- Christian marriage act 1872, for Parsis- Parsis marriage and divorce act 1865 • 1985- Shah Bano vs Mhd ahmed Khan o SC: Gave justice to Shah Bano using section 123 of Crpc o SC however lost historic opportunity in giving Justice to all muslim women o SC- requested state to bring UCC at the earliest • 1996- Sarla Mudgal vs UOI o Right to convert is a Fundamental right, However, conversion for the sole purpose of misusing personal laws of other religion is illegal and void o Requested the state to bring UCC
• 2017- Shayara Bano vs UOI
o Instant triple talaq given in any form is null and void o ITT is not an ERP of Islam, it is a customary practice which developed over a period of time, no such practiced mentioned in Quran o This practice violates A21 and A14 for women o Therefore, this practice violates constitutional morality Special Marriage Act, 1954 • Mainly deals with interfaith marriages
Problems with SMA
o 30 days’ notice period to be served by the couple before the marriage can be registered o During these 30 days the court will display information related to marriage on notice board – (violation of right to privacy) o The 30 days’ notice period is to invite any objections to the marriage which may lead to couple being subjected to honor killing, brain washing and kidnapping o 30 days’ period then leads to forceful conversion of either of the couple violating A25 o Such conversion may also come in conflict with anti-conversion law of the states like UP, MP, Karnataka o (Anti Conversion laws of these states prohibit conversion for the purpose of marriage and make it an illegal offence) o Even if marriage happened after such conversion, marriage will be declared as null and void • Allahabad HC: Safiya Sultana vs state of UP o 30 days’ notice period is not mandatory to be served in case of interfaith marriages
