Communalism is a political ideology that asserts that people who share a religion also share common political, economic, and social interests, which are distinct from and often opposed to those of other religious groups. This ideology is a modern concept, not a continuation of ancient religious differences. Its origins are deeply rooted in the British colonial policy of "divide and rule," which was systematically implemented after the Revolt of 1857. A key institutional mechanism that exacerbated this division was the introduction of separate electorates under the Government of India Act, 1909. Ethnic Conflict is a related concept, referring to antagonism between groups defined by shared attributes like race, descent, or culture, which can manifest as communalism when the defining attribute is religion.
The primary legal mechanism to counter the promotion of communal hostility is Section 153A of the Indian Penal Code (IPC), 1860, which penalizes acts that promote enmity between different groups on grounds of religion, race, place of birth, or language. This provision is often used to prosecute hate speech and incitement to communal violence. Communalism connects fundamentally to the constitutional principle of Secularism, which the Supreme Court affirmed as a part of the Basic Structure of the Constitution in the judgment of S.R. Bommai v. Union of India (1994). Other related concepts include the constitutional guarantee of equality under Articles 14 and 15, and the Places of Worship (Special Provisions) Act, 1991, which seeks to maintain the religious character of places of worship as it existed on August 15, 1947.
A significant recent change involves the proposed replacement of the IPC, 1860, with the Bharatiya Nyaya Sanhita (BNS). The BNS includes a specific provision for the offense of mob lynching, which is a form of extreme communal violence. While various drafts of a dedicated Communal Violence Bill (such as the 2005 and 2013 versions) were introduced to provide a comprehensive framework for prevention, control, and victim rehabilitation, none were enacted into law, leaving the core legal framework under the existing IPC.