[sacw] [ACT] India: Secret RSS Document (Translated from Gujarati)

[Harsh Kapoor]

29 March 2000
Reproduced below is secret RSS document recieved from India. This has been
translated from Gujarati by a secular activist whose identity is being
witheld. Please share this with others.
(South Asia Citizens Web)
______________________

Defend the Hindus from the
attack of Christians with the support of Law

Aum

1. The Hindu samaj (society) is being attacked repeatedly by
non-religious elements of the country. They are supported by Pakistan,
Bangladesh and Arab countries. In the same way Vanvasi and poor areas are
being attacked by the missionaries on the basis of their economic strength.

2. The Hindu not only loves his religion but also is a lover of
festivals. Centuries ago, these festivals had been arranged taking into
consideration the birthdays of our great personalities and also the changes
in the seasonal cycle. In these celebrations we usually organize various
public functions such as pooja, arati, mahaprasad, and varghodo. Each and
every section of Hindu samaj (society) takes part in it. Our pilgrimage
centres also are filled with devotees coming for darshan on certain fixed
days. More than a crore devotees take a holy dip at the Triveni Sangam at
Prayag on Maudh amavas. Recently we have seen that daily lakhs and lakhs
of people make pilgrimage to have a holy dip at the Kumbh. Besides these,
melas are being organized in small villages on chaitra purnima, vaisakhi,
karthik purnima, Mondays of the month of sravan (June-July) and on
Saturdays. Together with faith and darshan, people enjoy some fun (on such
occasions). These melas have now become the targets of non-believers
(vidharmio). Not only that these people cannot suffer the rapid growth
daily of the VHP, Bajrang Dal, Durgavahini and to a certain extent the
political parties like the BJP. We and our institutions are being attacked
by lethal weapons like bombs, AK 47 and rifles.

3. In our country, all the activities undertaken by the subversive
forces are criminal in nature. Cases are filed about such criminal
activities. But using money power they outsmart us. The police forces are
also not enthusiastic to book them since they have close contacts with
them. On such occasions we are not able to exhibit proper awareness and
smartness and as a result the criminals find open field for their
activities. The court also is not able to do anything. Not only that
under one pretext or another, they tend to flourish more and more.

4. In the Vanvasi areas of Surat, Christian Fathers and Missionaries
are inflicting atrocities on our Vanvasi brothers and sisters. Threats,
inflicting injuries and also incidents of sexual assaults on our sisters
are taking place. Since our samaj (society) lacks sympathy and proper
guidance, no complaints are filed of such incidents and even if they are
filed, they outsmart us with their money and influence. Children of our
leaders and higher authorities are studying in their convent schools and
because of that their institutions are able to exert an influence on our
officials. Recently the missionaries engineered an attack on the Sangh
Shakha of Isanpur village in Mandvi Taluka. News has been reported of the
sexual assault on Undha, a Vanvasi sister at Anandpur village of Ucchal
Taluka by Reverend Ramanand Baudh. Police was not taking any action when a
complaint was filed in the village and was not apprehending the accused.
At last when our activists of the area represented the matter, the police
got scared and they were forced to arrest the Padri (reverend).

5. Hindu samaj has been repeatedly attacked in Surat City. The original
inhabitants are very frightened and subdued and yet in this samaj, there
were courageous individuals such as Nares Naicam, Bala and Devlo. The
Muslims plotted to finish off these three and so engaged sharp shooters and
within a short time by eliminating them, they have tried to weaken the
samaj. In order to show on record that they have caught the culprits, the
police rounded up some people and reported that they have caught the
culprits. But it is our bad luck that the real assassins were caught only
after several months. Our government was not able to keep these accused
in the jail. In this context, we shall try to understand some of the legal
implications, to see how we should remain alert as (Sangh) activists.

6. Criminal procedural code is one of the main legal provisions
wherein the investigation of the crime and provisions related to the duties
of the police etc., are included.

7. There are two types of crimes. In cases where there is provision
for punishment for two years or less, where the (accused) can be granted
bail is called bailable offence.

8. Consider the case wherein one is caught in a crime and if the crime is
a bailable offence, even if the police catches the offender they are bound
to release him on bail. According to the criminal procedure code, article
436 (1), if the accused is not charged with non-bailable offence, if the in
charge of the police station detains him without warrant or if he is
produced in the court of if he surrenders in the court and if he is under
the custody of such a police officer, then at any time or at any stage
during the court procedure (the Judge) is ready to grant bail, then such a
person is released on bail. Even after granting bail, if the police does
not release him, then complaint can be made about it to the magistrate.

8 . Another distinction in law is cognizable offence and non-cognizable
offence. Which is a cognizable offence and which is non-cognizable is
given in the provisions of the criminal procedure code, article (2) a.
According to it, an offence is cognizable wherein the police officer can,
according to the first schedule or following the law in force at that time,
detain (the offender) without warrant.

9. In the court language, it is called cognizable and non-cognizable
offence. Two separate registers are maintained in the police station for
recording these offences. In cases where the police have no authority to
book a person without warrant, which are non-cognizable offences such as
minor cases of using offensive language (bad words), inflict minor wounds
in a scuffle, use threats (not threats of murder) etc., they are registered
as non-cognizable or (N.C.) offences and are registered in the N.C
register. Suppose it is a case of ordinary injury only, then the complaint
is filed in the NC register and then he is sent to the government hospital
for treatment and after getting the certificate of injury, it is noted down
in the NC register that if the complainant wishes to file complain in the
court, he is free to do so and the signature of the complainant is affixed
below the note.

9. Serious offenses are mostly cognizable crimes. Important provisions as
how to register complaints in this regard are given in the criminal
procedure code, article 154 and 156. They are as follows:

1. The police station in charge has to record oneself or make someone else
take down any information regarding crimes, which come under the purview of
the police, even if it is given orally. He has to read it out to the one
who provides the information and make him sign on the written information.
And he should write the summary in the record book in the proper form
prescribes by the state government.

2. Under subsection (1), one copy of the written document should be given
immediately, free of charge. to the one who makes the complaint.

3. If the police station in charge refuses to record the complaint, then
the person who is thus refused can write the main points of the information
and inform the superintendent of police. If the superintendent is
convinced that the police officer has failed in his duty, then he can do a
police enquiry himself as laid down according to he above rule or he can
order his subordinate officer to do the same and such an officer will have
all the powers of his superior in the relevant case.

The powers of the police officer to investigate police cases under
article 156:
(1) The officer in charge of the police station, without the order of
the magistrate, can investigate the cases of police officer in the areas
falling under the local police station under the provisions of chapter 13.

(2) Citing the reason that he has no such power to investigate, no
objection can be raised at any stage against the action of the police
officer in such cases.

(3) Any magistrate having powers under article 190, can order police
enquiry as mentioned above.

10. Two important things are to be noted; (1) serious crimes are
cognizable which are reported to the police station should be noted down
immediately and, (2) the complainant should be given a copy of the written
complaint after affixing his signature to make sure what is written in the
complaint. Our experience is that even after filing complaint about
certain anti-social and criminal elements who are involved in crimes,
police was not recording their names even after their names were supplied
and so the police was trying to save them because they receive 'hapta' or
regular bribes from them and also they share their tiffin (lunch box). The
persons who have complained can find out if the police has committee such
irregularity when they read the copy of the complaint.

10. Another additional provision is that if the police officer either
refuses to write down the complaint or has not written as narrated, then
the superintendent can be informed through the post. After we post it, the
crime will be registered and the steps will be taken and in doing so, much
time will be wasted and many times the objective of the complaint will not
be fulfilled. So instead of sending by post, sending a telegram will be
better, even if we have to spend more money. Actually after preparing the
telegram if it is shown to the police officer and when he reads it, he will
realise that the complainant will not bow down to any pressure from anyone
and wanting to save himself, will register the complaint.

10. We are being attacked often. There are attempts to disrupt our
festivals. Stones are pelted at the chariots of the Lord and recently
incidents are reported of bombs being planted and sometimes firing from
automatic weapons. Non-believers are threatening grass-root workers while
they are engaged in social work. They have the right to defend themselves
when such incidents occur, but along with it, it is essential to file
complaint about it immediately.

10. As mentioned above, according to criminal procedure code, article
154, whatever complaint is accepted in the police station, a short summary
of it is made in the station diary and then the complaint is recorded in
the book as First Information Report. The First Information the police
records of the crime are considered First Information Report. This can be
done orally or sent through telephone, telegram, or in writing. This FIR
plays a very important role in the judgment of the case in the court. In
order to decide whether there is sufficient proof to convict the accused,
information conveyed by the complainant about the facts immediately after
the even took place is very important. Many times, the details of the
crime, names of witnesses, reason for the crime etc. are very much known by
the complainant and in spite of these details are naturally known to him,
if these are not entered in the FIR and after the lapse of some hours or
days, if they are revealed in the police enquiry, it is argued that they
are made up stories and then the case becomes suspect at the first glance
itself, if the complainant side is not able to give adequate explanations
for these delays. If the complainant side is not able to give adequate
explanations for these delays, then the accused takes advantage of this and
even if the crime was committed in broad daylight, in the presence of
hundreds of people, the accused is acquitted. So if we are involved in
such cases, we have to be alert and in dictating the complaints the
following care should be taken:

a) Complete details of the culprit including his address should be given.
Suppose you do not know these, then description of his face, his clothes
and what sort of footwear he wears, the language he uses and the sort of
voice of his in speaking should be given, because these details help the
witnesses to identify the culprit when he is caught and paraded in front of
them.

b) details of the crime: How and which way the criminals came, whether
single or in a group, what they were speaking, which way they went back and
what they were speaking etc.

c) whether the criminals, while running away, have left any signs at the
site of the crime or not. Many times in the scuffle, the criminals leave
their footwear, clothes, and weapons. If they are injured, then drops of
blood etc., should be reported.

d) which criminal has inflicted wounds on which part of the body by
which instruments on the persons who are of the party of the complainant.

d) The type of the vehicle in which the criminals came, such as
scooter, motorcycle, rickshaw, car, tempo etc., and if possible its
registration number and if not, the details of the colour and the make of
the vehicle.

d) Actual details of the place where the crime took place and the
evidence to prove the place of the crime. Suppose that at the place of the
crime there are drops of blood if someone is injured or there may be a pool
of blood, and if there are signs of being hit by sharp instruments such as
an axe or dhario (sickle like weapon), then these are enough proofs to show
that it is in the location of the crime. You can also include details such
as stones thrown at the location or fire balls.

d) names of witnesses of the crime.

d) If the incident has taken place due to other events, then the
causes for such, which are called 'Motives'.

d) many times the attackers had pre-planned the assault and if so such
details.

d) When we make a complaint, we need to be very well prepared.
Sometimes influential people commit crimes and they replace them with
ordinary people like their servants as the culprits. On such occasions, if
you are alert, you can give the names of those elements who are
responsible, their names can be implicated in the case right from the
beginning. The law contains the word "chance-witness". We understand that
in any crime if there are no clear evidence then the accused will not be
punished. Many times, incidents occur in such locations where even though
there are witnesses of the crime, such as when a person is beaten up, they
will not come forward to testify as witness. If the accused is shrewd
enough, then he will present himself together with his people to the police
and declare that he is ready to provide evidence and thus provides
witnesses. These witnesses may be staying close to the place of the crime
and so can be very important witnesses. But since they are in collusion
with the accused right from the beginning, they can change their stand in
the court and as a result, the accused are let free even though they have
committed the crime. We should not become victim to this conspiracy.

d) It is necessary to give the names of witnesses when we make the
complaints. In some instances, when the witnesses may not be willing to
stand witness, we should arrange to have our men as witnesses. Many times
real witness also may give answers anyhow when cross examined and as a
result, the reliability of the witness suffers. So when we give the name
of the witness in the court first we have to make sure whether he will
remain firm in the court and also whether he is reliable otherwise. The
accusation of "chance witness" is a very effective weapon in the hands of
the accused. Many times, the witness does not live near the place of the
crime and there is no reason for him to be present at that particular time
and place and in fact if he is an outsider, such a person is called "chance
witness" in legal parlance. But if the enquiring officer as well as the
lawyer pleading for the complainant are alert, then the presence of such
chance witness can be shown as natural.

d) In order to prove the crime, the one who gives the complaint should
make sure of the names of the accused and the witnesses and they should be
arranged if need be.

m) The person who makes the complaint feels that the police have noted down
his complaint, and have arrested all the persons whose names were give and
have done the proper procedure. After breaking down the (Mosque) at
Ayodhya, in whatever incidents took place in Surat, the police had detained
both Hindus and Muslims. But the State Government was ruled by
Aurangzebs. As a result, when the Hindus are caught in the cases, the
police penal codes were applied to their crimes. Sometimes they were
implicated in attempted cases of murder. These Hindus were implicated in
serious types of crimes and were detained in the jails for months. The
police used to detain Muslims in equal numbers and some times in more
numbers and on the following day at eleven in the morning as they were
presented before the executive magistrate (mamlatdar), they all used to be
granted bails and so were left free to go home. They used to twist their
mustaches as if to challenge us as that we can do no harm to them. All
these were arranged by a Muslim minister and other senior leaders of the
Congress Party. In such a situation we have to be alert and now that we
have our own government we (should take the proper advantage of it) and
should get our work done by it.

14. Thus if we are attacked in any incident, we should take care to
follow the precautions mentioned above and make the complaints immediately.

15. One of our volunteers learnt that a Christian Padri (pastor) had
sexually assaulted a vanvasi sister in the Uchhal police station area and
the police who were in collusion with the Christians deliberately did not
apprehend the pastor even though they could have done it. When the woman
volunteer approached the concerned police authority, she was told that he
was under police custody and he was produced before the Vyara Magistrate,
and that he is in the Vyara jail etc.. The woman was fearless. She told
the police officer to show her the pastor wherever he is and at last under
her pressure the pastor was arrested after three days. I told her that the
police misled her for two days. She was suspecting that from the beginning
the police was telling her lies. The police officer will not behave in
this manner if you show him in writing whatever he has said and if you read
it to him as if you are going to send it as a telegram to the Chief
Minister, Home Minister and the District Superintendent of Police.

16. Recently, the Honourable (Home Minister) Haren Pandya has issued a
very important circular from the Home Ministry. If the police is not
ready to register the crime, then the complaint can be given to the
executive magistrate (mamlatdar). We believe that such complaints can be
made to the sub-divisional magistrate (deputy collector) or even to the
district magistrate (collector).
According to the circular, it is the duty of the authorities to send the
original complaint to the police and to instruct them to register the crime.

17. The main attack on Hindu Samaj is that our sisters of tender age are
being abducted through offering them inducements and allurements and then
they are made to sign on the marriage register after getting converted by
force. Hundreds of Hindu girls are being (converted to Islam) made Muslims
like this in Gujarat State.

18. There are three articles in law related to this. It is a crime to
abduction any woman who is below 16 years of age from her guardian
according to section 363 of Indian Penal Code (IPC). Forcing a woman
against her will to prostitution or to marry becomes a crime under section
366 of I.P.C. It is a crime of sexual assault under section 367 of IPC to
force a woman to have sex with her. Even if a girl below 16 years has given
her consent to have sex, it is a crime of sexual assault. The age of the
girl is important in cases of abduction and sexual assault. Mostly it is
not difficult to save girls who are not legally adults. But it is
difficult to get back adult women from the clutches of these (anti-social)
elements. Unfortunately the girl's own people, such as mother, father,
brother, or uncle are not enthusiastic in this task. If the girl's party
is prepared, then using even by using threats and punishment and taking law
into our hands and unmindful of any violence or untoward incident takes
place, we should take the girl into our custody. In a criminal
circumstance, if the girl is kept under custody, even if they were married
on record, that person will not be given custody of the girl. In such
situations, there is a provision to sent the girl to the home for
protection of women. It is not wrong if we can lift the woman and keep
her under our custody. But girl's people should take the initiative.

19. Many times the girl does not agree and if habeas corpus petition is
filed in the court, and there if the girl changes her mind, we will be let
down. As I mentioned earlier, these problems are not going to be solved by
Law under the protection of the Police or the Court. The Hindu Samaj needs
to resort to social opposition to find a solution to this and even resort
to violent attacks if necessary. In the case of Halvad village a Muslim boy
abducted a Brahmin girl. The girl was of age and the case was under
investigation under the Halvad court. On the day of the court verdict, the
Miyo (Muslim) was bold enough to move around the village with the Brahmin
girl. The people got excited because of this. Not five, twenty five,
hundred, two hundred but more than thousand people pounced on them with
pipes and iron rods and in front of the court in session. The police ran
away, the magistrate and his staff hid under the table to save themselves
and the Muslim and the Hindu girl were beaten to death by the people and
their dead bodies were left in the court room. Case of murder was
registered and many people were arrested also. The matter was recorded in
the court and the magistrate also gave his statement but since thousands
were involved, no one was convicted. The incident of Halvad is etched in
golden letters in the proud history of Hindu Samaj. Revenge of this type
is necessary against such abduction of our girls.

20. In the Vanvasi areas, attempts are being made to implicate our
Vanvasi brothers and sisters who are not trapped by the inducements offered
by the missionaries, in legal clutches. We should take revenge for this
also. In the complaints we file to take revenge, we should implicate the
top authorities of the mission and if possible foreign missionaries also.
They may not be convicted in the court in the end, but they should be made
to go up and down the court for months on end and thus their having to
undergo harassment is also a type of punishment.
21. The cause of cow protection is also important for us. After Gitaben
was attacked fatally and she was murdered, there was amendment made to the
Bombay cow protection act of 1954 and complete ban on cow slaughter was
imposed. But taking into consideration the judgement of the Supreme
Court, the in case of similar nature in the Madhya Pradesh Law, the
Honourable Gujarat High Court has judged that the amendment is
constitutional. In actual fact, there is need to amend the Constitution
for this. Our Constitution is framed by vain secularists and not by the
patriots who are coloured by Hindutva. Our people are fooled by saying
that Pandit Jawaharlal Nehru and his supporters have made provisions in the
Constitution against cow slaughter. In the article 48 of our Constitution,
dealing with the provisions to the scientific development of agriculture
and animal husbandry in order to improve the stock of cow breeds, provision
is made in the Constitution to prohibit slaughter of weak cows and their
progeny. According to cow protection law, before cattle slaughter, it is
necessary to obtain the certificate from the proper authority stating that
the cattle is fit to be slaughtered. These authorities collude with the
agents and collaborate in the slaughter of cattle that is taking place
daily. We should keep a strict watch on the daily activities of these
authorities. Nagarpalikas, municipal corporations, zilla pancchayats and
even the government are all ours. Strict action should be taken against
these authorities, through all these. It is prohibited to slaughter young
cows and any female progeny of the cow which is useful in farming or any
other type of use or if it can yield milk or can give birth to a calf. Is
this law in force?

22. Even if the cow protection law is enforced completely, cow slaughter
can be stopped. This year before Bakri Id and on the day itself, we
undertook many confrontations and as a result we were able to save the
lives of thousands of gaimathas (cow-mother goddesses). But for this at
least we need to prepare two months in advance and organize the Hindu samaj
or a grand scale, then we can achieve much result. Cattle are exported by
truck and for this transport permission is needed. The shifting of cattle
should be done under the purview of the law to prevent cruelty to cows.
Such legal provisions exist. Where the transfer of cattle is taking place,
those Hindu brothers who are involved in this business should be made to
understand and made to stop this business. We should make efforts to pass
off the Bakri Id days by making true or false complaints related to cow
slaughter. We can do much work by building good relationship with the
police and getting their collaboration.

23. The provisions of the law are not the type that can be explained by
writing on paper. It demands the study of the day-to-day amendments of the
Law and judgments in the court etc. In reality, our main task is to enforce
the existing Law through the government authorities and the police.

****