Study on Legal Provisions and Orders on the subject of Prevention and Control of Communal Riots

In the context of the recent communal disturbances in the State of Gujarat, the Commission considered it necessary to carry out a study for the purpose of collating and preparing a compilation of the relevant legal provisions for the maintenance of public peace and tranquility, particularly relating to communal disturbances, and specifying the extent of powers and duties of the concerned law enforcement authorities. The need for such a compilation was rendered more urgent by the fact that a compilation of this type is not readily available.

The terms of reference of the study were to:

Examine the various legal provisions for the maintenance of public peace and tranquility, with special reference to communal disturbances, made an assessment the adequacy or otherwise thereof and made suitable recommendations;
Examine the relevant executive orders and instructions on the same subject to determine their adequacy and particularly to identify if there was any mismatch between these executive orders and instructions and the legal provisions and to make suitable recommendations;
Make any other recommendations that were deemed necessary.
The task of carrying out the study was entrusted to Shri Samar Singh, IAS (Retired). Shri A.S. Bal, IPS (Retired) assisted Shri Samar Singh in the study. The study, which commenced on 22 April 2002, has been completed and the report of the team was submitted to the Commission on 17 May 2002.