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Sir, In ``The need for a law against genocide'' (March 25), K.G. Kannabiran questions the characterisation of Hindu-Muslim problems as "communal" rather than religious. On the face of it, it might seem an unnecessary distinction, since in our country ``communal'' has not been taken to mean anything other than religious. However, the Constitution does speak of religion more often than it speaks of most other things, starting with ``liberty of thought, belief, faith and worship." Do we need a law which deals specifically with genocide, whether or not the killing is on grounds of religion? Perhaps we do, for, while those Sections of the Indian Penal Code which pertain to abetment (chapter V), criminal conspiracy (chap. V- A), public tranquillity (chap. VII), religion (chap. XV) and criminal intimidation (chap. XXII), could be applied to what happened in Gujarat recently, the violent acts which characterised the riots were different from what we call ``the usual'' communal rioting. The difference, it may be argued, is one of kind, not degree. It is necessary, nevertheless, to use the existing laws as much as possible. Section 153-A, for example, deals with ``promoting enmity between different groups... and doing acts prejudicial to maintenance of harmony.'' But, a difficulty is that the Narendra Modis and their administrators may not be inclined to use the provision proactively.
Mukul Dube,
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