LUCKNOW : Cow and Music before Masjid were 2 controversial issues , which created communal divide in British India , and as some experts allege , these methods was adopted by communal elements , to carry out their political agenda of communal hatred .
Such acts were reasons for communal flare up and communal violence in undivided India, also.
The extremist elements played politics and such politics of Cow and Music before Masjids were discussed in British courts, also at various occasion, and in different cases.
The judges should abstain from taking part in matters of a purely political character, a British court judge cautioned his colleagues, while dealing with one such case.
In a 1887 case of Allahabad High court, which pertained to the offence of cow slaughter , registered against a butcher Imam Ali , under section 295 of IPC , Justice Mehmood said ,
“Speaking for myself I have had before now considerable difficulty in deciding how Courts of justice are to deal with such matters, how the law stands with reference to cases in which in the most offensive manner the slaughter of a cow is accomplished by a Muhammadan before the eyes of a Hindu fellow-subject, or cases in which a Hindu procession is carried with offensive demonstration in front of a Muhammadan mosque. “
There may be some occasions , when Hindu-Muslim religious festivals coincide with each other .The different religious rituals , processions and traditions on such occasions ,of different religious groups , create law and order problems .History bears witness to the fact that many worst communal riots , in pre- Independence and post-Independence era , occurred on such sensitive occasions .
The coincidence of different religious festivals, of different communities, instead of being the occasion of more festivities, became occasion of communal conflicts, whenever, these were misused for politics by extremist elements. But such problems , in maintenance of peace and order , may not necessarily be inter communal in nature , it can be intra- communal also .There have been examples when 2 different communities of Hindus or 2 different sects of Muslims , clashed over processions , or observance of some religious occasion.
Justice Mehmood , of Allahabad court in 1887 ,also remarked “Similar difficulty I have felt in connection with the bearings of the law in cases where the Hindu procession of the Ram Lila takes place on the same occasion as the Muhammadan procession of the Moharram:”
Ram Lila is the day of rejoicing and celebrations for Hindus , as Hindus consider it as the day of anniversary of the greatest victory in the Hindu History .But on the other hand , Moharrum is considered as the occasion of mourning. It is the death anniversary of Imam Hussain which is considered by Muslims as the darkest day of Islamic History, therefore it is the occasion of deepest mourning.
Many Judges of British courts said that they felt it very difficult to deal with the cases when Ram Lila and Moharrum processions took place on the same occasion .They also expressed how they felt it as difficult to deal with the cases when Muslim butchers slaughter cow on the occasion of Eid al Adha , in offensive manner to a Hindu fellow subject , or in cases when a Hindu procession is carried with offensive demonstration before a Mohammedan Mosque .
The politics of religious occasions and religious procession is still prevalent and being carried out by the power hungry politicians of today , for their game of power .