CRIMINALIZATION OF COMMUNAL VIOLENCE IN INDIA: A JURISPRUDENTIAL ANALYSIS WITH SPECIAL REFERENCE TO OFFENCES AGAINST ARUNACHAL PEOPLE

AUTHOR – JOMLO LEGO* & PROF. S. JAMES**

* PH.D. RESEARCH SCHOLAR AT DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR

** PROFESSOR & DEAN DEPARTMENT OF LAW, MANIPUR INTERNATIONAL UNIVERSITY, IMPHAL, MANIPUR

BEST CITATION – JOMLO LEGO & PROF. S. JAMES, CRIMINALIZATION OF COMMUNAL VIOLENCE IN INDIA: A JURISPRUDENTIAL ANALYSIS WITH SPECIAL REFERENCE TO OFFENCES AGAINST ARUNACHAL PEOPLE, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 6 (7) OF 2026, PG. 590-597, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

Communal violence in India has long posed a challenge to the constitutional promise of equality, justice, and fraternity. While the legal framework provides for criminalization of acts of violence, the lived experiences of marginalized groups reveal persistent gaps in enforcement and protection. This paper examines the law relating to communal violence with a special focus on criminal offences committed against the people of Arunachal Pradesh, a region often overlooked in mainstream legal discourse. By analyzing statutory provisions, judicial pronouncements, and socio‑legal realities, the study highlights how communal violence manifests uniquely in frontier states, where ethnic identity, migration, and political marginalization intersect. The paper argues that existing criminal law mechanisms, though comprehensive in theory, fail to adequately safeguard vulnerable communities in practice. It further explores the need for legislative reform, victim‑centric approaches, and institutional accountability to ensure that the criminal justice system responds effectively to communal violence. Ultimately, the research underscores the importance of contextualizing national legal frameworks within regional realities to achieve substantive justice for the Arunachal people and similarly situated groups across India. Communal violence in India represents not only a breakdown of law and order but also a profound challenge to constitutional morality and democratic governance. This paper investigates the criminal law framework addressing communal violence, with particular emphasis on offences against the Arunachal people, whose experiences reveal the intersection of ethnic identity, frontier geopolitics, and systemic neglect. Beyond statutory provisions, the study interrogates the role of investigative agencies, prosecutorial discretion, and judicial sensitivity in shaping outcomes for victims of communal crimes. It explores how inadequate documentation of offences, weak witness protection, and political pressures contribute to impunity. The research also situates Arunachal Pradesh within broader debates on minority rights, federal responsibility, and the duty of the State to prevent targeted violence. Comparative insights are drawn from other regions of India to highlight structural deficiencies and the uneven application of criminal law. The paper advocates for reforms such as specialized tribunals, community‑based monitoring mechanisms and restorative justice approaches to strengthen accountability. By contextualizing national legal frameworks within regional realities, the study underscores the urgent need for a victim‑centric, rights‑based approach to communal violence that ensures substantive justice for the Arunachal people and contributes to a more inclusive criminal justice system.

Keywords: Communal Violence, Criminal Justice System, Minority, Rights, Victim, Justice.