Collective Political Violence and the Criminal Justice System in India: A Study on Legal Responses and Challenges

  • C. Neethu
  • Show Author Details
  • C. Neethu

    Research Scholar at Bharat Institute of Law, Bharat University, Chennai, Tamil Nadu, India

  • img Download Full Paper

Abstract

India struggles with collective political violence (CPV) in the form of communal riots, electoral violence, police confrontations, and militant extremism. Our diversified and complicated socio-political context, distinguished by deep-rooted historical tensions, ideological disagreements, economic inequities, and identity-based divisions, fosters such violence. These occurrences threaten national security, democratic stability, and citizen rights while disrupting public order. Radicalization's growing involvement in political violence challenges the state's ability to maintain law and order as extremist ideology influence susceptible groups. This study analyses India's legal framework for CPV, focussing on constitutional, statutory, and emergency measures. It evaluates police, paramilitary, and intelligence services' political violence control and prevention efforts. It also examines how political patronage, institutional accountability, and lengthy legal fights provide offenders impunity and promote lawlessness. Governance systems, policy decisions, bureaucratic inefficiencies, and administrative errors lead to cycles of instability, according to the study. This article also examines historic verdicts, commissions of inquiry, and the judiciary's role in protecting CPV victims' human rights. The Indian Penal Code, Unlawful Activities (Prevention) Act, National Security Act, and other pertinent laws are critically assessed for their effectiveness in combating organised political violence. This research shows violent patterns, the state's response, and the socio-political effects of such acts via major case studies from diverse Indian areas. Institutional accountability issues such law enforcement biases, delayed legal processes, and inadequate witness and victim protection are highlighted. Finally, the report recommends legislative and policy changes to improve India's criminal justice system's CPV response. Increase police accountability, ensure fair investigations, establish fast-track tribunals for political violence, and promote community-based conflict resolution. This article seeks to reduce collective political violence and promote democracy in India by closing legal and institutional gaps through better governance and legal reforms.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 1089 - 1114

DOI: https://doij.org/10.10000/IJLMH.119201

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021