[sacw] SACW | 2 April. 02

Harsh Kapoor aiindex@mnet.fr
Tue, 2 Apr 2002 01:15:27 +0100


South Asia Citizens Wire - Dispatch | 2 April 2002
http://www.mnet.fr

__________________________

#1. India: - Gujarat: Who are the guilty? (Dipankar Gupta and Romila Thapa=
r)
#2. India: Gujarat - What you can do. (Sabrang)
#3. India: Eyes and ears - Enquiry commisions on Riots(AG Noorani)
#4. India: What RSS tells Muslims & How its Misrepresents of views=20
of others....
#5. Despite riot after communal riot, India still hasn't put a law in=20
place to ensure uniform compensation for victims (Iqbal A. Ansari)
#6. Gujarat : Now they burn houses deserted by their frightened=20
victims (Joydeep Ray)
#7. India's communal carnage should have ended when troops went in.=20
Instead, the hate is spreading
(Meenakshi Ganguly)
#8. India: Hindutva As A Caste Weapon - Why Gujarat? (Praful Bidwai)

#9. ***** Call For Entries - The Karachi International Film Festival=20
2002 ******

__________________________

#1.

http://www.hinduonnet.com/stories/2002040200581000.htm
The Hindu
Apr 02, 2002
Opinion - Leader Page Articles

Who are the guilty?
By Dipankar Gupta and Romila Thapar

The best way of fighting communalists is not by tiptoeing around them=20
in the hope of letting sleeping dogmas lie, but by taking them on=20
frontally every time they break the law.

NARENDRA MODI'S eyeball-to-eyeball confrontation with the Prime=20
Minister was really quite a mild affair. Mr. Vajpayee upbraided Mr.=20
Modi, but in the mildest manner possible. He was not even rapped on=20
the knuckles! Instead of pulling him out of his chair, the Prime=20
Minister suggested a variety of confidence-building measures to the=20
errant Chief Minister. He was asked to construct homes for those=20
affected, find them jobs, give them armed escorts, get businesses to=20
contribute to their relief and rehabilitation, and so on. Not once=20
was it mentioned that the Government of India would use all its=20
powers to punish the guilty - and that this also included Mr. Modi.

Unfortunately, the demand to punish the guilty is not on the agenda=20
of the Opposition either. All they want is the removal of the Chief=20
Minister. This is really political gamesmanship. Of course, Mr. Modi=20
ought to go, but if he sinks alone and is not weighted down by those=20
other criminals who killed, burnt, maimed and looted then he might=20
emerge as a political martyr. To bring credibility to Mr. Modi's=20
ouster, he needs to be punished along with all those who are actually=20
red in tooth and claw. This includes those who torched the railway=20
coaches in Godhra as well as those who stalked and killed Muslims in=20
Ahmedabad, and elsewhere in Gujarat, in recent weeks. It is indeed a=20
sad reflection on the politics of our times that the Opposition has=20
not come out with such a demand.

This is not the first time that a Government is directly implicated=20
in fomenting and leading communal riots in the country. The 1984=20
killings of Sikhs is a cruel predecessor of what happened recently in=20
Gujarat. The way the civil liberties groups mobilised in 1984 was,=20
however, quite remarkable. Instead of doing social science and=20
discovering caste and class antagonisms behind the killings, the=20
People's Union for Democratic Rights (PUDR) and the People's Union=20
for Civil Liberties (PUCL) jointly conducted a first rate social=20
forensic study and brought out a report entitled "Who are the=20
Guilty?" The data in this little booklet were compiled on the spot by=20
PUDR activists in Delhi even as they went about trying to bring=20
relief to the besieged Sikhs. This booklet named those who were=20
directly involved in the murder and mayhem, it gave evidence of=20
responsible politicians leading mobs from the front, and it also=20
carried authentic eye-witness accounts. This booklet sent shock waves=20
all the way up. Though a thousand maneouvres were dreamt up by the=20
Government in power, the fact that the perpetrators of the killings=20
were named made it very difficult for even these people to emerge=20
again as legitimate political actors. "Who are the Guilty" should=20
indeed be a prototype of how citizens can respond to riots in this=20
country. It is obvious that citizens can no longer sit on the=20
sidelines when communal carnages occur in the belief that the state=20
machinery will do its job and punish the guilty. Most of those in=20
state administration see themselves as Government servants and not as=20
servants of the public. This is why they are not as mindful of=20
citizens' interests as they are of the wishes of the Government in=20
power. In such a situation the public must assert itself and demand=20
the names of individuals who led and participated in the communal=20
killings, regardless of which community they may belong to. It is=20
only by putting such people on trial that confidence can meaningfully=20
be restored in Gujarat. This will also send warning signals to all=20
would-be rioters in the future. As Justice Verma, Chairman of the=20
Human Rights Commission, recently commented, police inaction in=20
Gujarat is tantamount to police complicity. If the guilty are tried=20
and punished then this will also expose another lie on which=20
communalists thrive. The popular assumption is that these sectarians=20
are as willing to kill for a cause as they are to die for a cause.=20
This is a complete fallacy. None of the hotheads of the RSS, or=20
Bajrang Dal or the Vishwa Hindu Parishad will ever die for a cause.=20
In which case, why are they so willing to kill for a cause? The=20
answer to this is very simple. It is because they know that no harm=20
will come to them as they enjoy active or tacit protection from the=20
Government of the day. It is cover of this sort that makes sectarian=20
activists appear so frightening. Take away Government support and=20
they will all expose themselves as paper tigers.

It is time now to remember how Jawaharlal Nehru handled the RSS and=20
the Hindu Mahasabha when he was at his best. Partition had just=20
happened and Hindu sectarians were having a field day, even in the=20
city of Delhi. Nehru did not reason and plead with them. He locked=20
them up in jail whenever they broke the law. When Mahatma Gandhi was=20
assassinated, Nehru again acted swiftly and unambiguously. He banned=20
the RSS and other allied organisations and exposed their shallow=20
bravado. The leaders of the RSS made several overtures to Nehru (and=20
Patel) to lift the ban against them. Golwalkar even tried to curry=20
favour with the Government by promising to fight communism. In a=20
letter to Nehru he said the ban on the RSS should be lifted so that=20
the swayamsevaks could help the Government in ridding the country of=20
the red menace. No mention now of the Muslims, nor of any other=20
religious minority. When that did not work the RSS tried satyagraha,=20
which was again a flop. Eventually the RSS leadership had no option=20
but to agree to a written constitution as demanded by the Government.=20
This constitution had to clearly state that the organisation would=20
treat all faiths with equal respect and would refrain from entering=20
politics and resorting to violence.

Nehru was clearly not intimidated by the rhetoric of these sectarian=20
Hindu activists and simply called their bluff. It was Nehru's=20
uncompromising stand against communalists that allowed the Congress=20
to win election after election, from the perfervid post-Partition=20
days right up to 1967. The best way of fighting communalists is not=20
by tiptoeing around them in the hope of letting sleeping dogmas lie,=20
but by taking them on frontally every time they break the law.

Mr. Vajpayee would like Mr. Modi to find jobs for the devastated, get=20
industrialists to donate money, Bhuj style, hold hands with the=20
aggrieved families, even set up goodwill marches, and so forth. All=20
sweet talk and a few pieces of silver! What the Prime Minister has=20
cleverly sidestepped, and what the Opposition has not pressed upon=20
him, is that nowhere has he asked of Mr. Modi: "Who are the guilty?"=20
Without raising this issue, no amount of relief and goodwill missions=20
will help in restoring confidence in Gujarat. If the guilty are not=20
punished by the due process of law then this might engender cynicism,=20
and, what is worse, vigilante-style reprisals - both of which are=20
deleterious to the well being of the country as a democratic=20
republic. As citizens we have the right to demand that the guilty be=20
punished first! And Mr. Modi is not the only one we are thinking of.

______

#2.

Date: Mon, 1 Apr 2002 16:07:42
Status:=20=20

Hello Friends,

We all are human beings & individuals who want to live our lives
with the premise of freedom. The freedom to follow our beliefs,
our own way of life, to earn money to support our life-style, to
invest & reap the profits of our investment in our children, in
our homes, in the society we live in & also the country we call
home.
Live & let live is & should be our motive.
Why does it trouble us when another person prays differently?
Does it matter to our creator by which name we call him? What
makes one way of prayer superior to others? Is our creator so
petty that he will be be-littled if a person does not accord Him
the reverence which you think is right?
What answers can you give my friends?
In this vein the carnage of Gujarat & also other places around
the world, where the fight actually boils down to, my God & way
of prayer is superior to yours. It would be laughably insane if
the stakes were not so high. Lives, children, a way of living,
has been destroyed.
This is what the writer & columnist Anil Dharker has written in
the Bombay Times on 25th March 2002, an excerpt follows;
* "..The need of Gujarat's victims is extreme & urgent and cannot
wait: if anyone wants to do something for our fellow-countrymen
who have undergone the worst possible trauma, the time to act is
now. The first thing to do in an emergency is to send supplies &
money"
** Sabrang, the agency which acted as a pressure group for the
implementation of the Srikrishna Report after the Bombay riots of
1992-1993, is setting up a cell to deal with the Gujarat tragedy.
Like it did in the Bombay riots, it plans to set up a Citizens
Enquiry Commission for Gujarat, on the lines of the People's
Commission comprising Justice Hosbet Suresh & Justice S.M Daud for
Bombay. It also plans to launch five Public Interest Litigations
immediately before the Supreme Court and the Gujarat High Court.
Fali Nariman has already agreed to argue the case before the
Supreme Court.
Other initiatives are also being planned but, obviously, they
cannot get anywhere without public help.
Contact Sabrang directly on(022)605 3927 or (022) 648 2288.Or
write to them at PO Box 28253,Juhu Post Office, Bombay-400
049. E-mail Sabrang@b...
In addition to this, there is something else you can do. All this
will need is a couple of hours of your time. All of us at some
time or other, have received a chain letter ..The idea is to
replicate what is done in the most powerful democracy in the
world, the United States of America, where people constantly
write to politicians to redress matters.
Your letters should be addressed to the President of India,
Rashtrapati Bhavan, New Delhi, to the Prime Minister of India, 7,
Race Course Road, New Delhi,110 001 & the Chief Justice Of THE
Supreme Court, Supreme Court, New Delhi 110 001.
What you can say is along the following lines:

Dear Sir,
We are extremely disturbed by the recent happenings in Gujarat
when hundreds of innocent men, women and children have been
killed, maimed or injured and thousands have been made homeless
and their businesses destroyed. We are distressed that the
Government of Gujarat did not try to stop the violence, and now
gives no relief to the victims. From news reports, we also learn
that the government of Gujarat is making no effort to bring the
perpetrators of the violence to justice.
We appeal to you to intervene so that the relief is quickly
brought to the needy and justice is quickly brought to the
guilty.

Yours' sincerely,

If you send these three letters directly, and ten of your friends
send them too, and then ten each of your ten friends. Delhi will
have to take notice.
Remember that Gujarat now is no longer a matter of this religion
or that. It is a question of helping human beings in deep
distress. And it is a question of restoring respect for the rule
of law.

______

#3.

http://www.hindustantimes.com/nonfram/020402/detide01.asp
The Hindustan Times, Tuesday, April 2, 2002
=09=20
Eyes and ears
AG Noorani

Formally, the commission of inquiry into the Ahmedabad riots of 1969=20
was appointed by the state government. In truth, its appointment and=20
composition were settled by the Centre. It had made it plain that it=20
would itself appoint a commission of inquiry, as the Commissions of=20
Inquiry Act, 1952 empowered it to do unless the state acted first and=20
to the Centre's satisfaction.

Apart from the fact that several questions hang over the head of the=20
commission of inquiry set up by Chief Minister Narendra Modi, the=20
institution of the commission itself is in none too good a shape.

It is, nonetheless, a vital necessity in our legal and political=20
system. However, a commission acts on the work of an investigating=20
agency which records statements. This means the state police.

As the Liberhan Commission merrily meanders its course towards the=20
discovery of the truth about the demolition of the Babri masjid, give=20
some thought to the report of the citizens' tribunal on Ayodhya=20
published in December 1993. It comprised two former judges of the=20
Supreme Court, Justices O. Chinnappa Reddy and D.A. Desai, and a=20
former Chief Justice of the Calcutta High Court, Justice DS Tewatia.

The tribunal had appointed a commission of inquiry, headed by Kamala=20
Prasad, a former chief secretary to the government of Bihar, and=20
consisting of distinguished academics. This commission visited=20
Ayodhya from February 9 to 11, 1993, examined 84 witnesses, met a=20
number of people and consulted a lot of material. The tribunal=20
examined some more witnesses and received many submissions=20
thereafter. Cannot this precedent be emulated for a citizens' inquiry=20
into the Gujarat killings in 2002 with particular focus on Godhra and=20
Ahmedabad?

The citizens' inquiry is in the good, authentic Indian tradition. It=20
was developed during the freedom movement and pursued for quite some=20
time after Independence.

Volume 17 of the Collected Works of Mahatma Gandhi contains the=20
"report of the commissioners appointed by the Punjab sub-committee of=20
the Indian National Congress on the Punjab Disorders" culminating in=20
the Jallianwala Bagh massacre. Its author was Gandhiji. He gave his=20
colleagues, C.R. Das, Abbas S. Tayabji and M.R. Jayakar, a hard time=20
with his concern for accuracy and credibility, as Jayakar recorded in=20
his memoirs. History accords this report far greater respect than it=20
does to the official Hunter Report.

The difference between an official inquiry and a non-official one=20
lies mainly in the coercive machinery of the law which the former=20
enjoys, in the summoning of witnesses and production of records,=20
besides, of course, the advantage in resources. But the test in each=20
case is identical - regard for the truth displayed in thoroughness of=20
investigation and rigour in analysis; in short, integrity and ability.

Judged by this test, many an official inquiry received wide public=20
acceptance. Reports by both are aimed at public edification. A=20
commission of inquiry set up under the Act of 1952 is a fact-finding=20
body. It can censure. It cannot reprimand, let alone award a sentence=20
of punishment or order payment of compensation.

Persons who serve on a citizens' inquiry enjoy the same legitimacy as=20
does any citizen who goes about exercising his fundamental right to=20
freedom of speech and expression (Article 19(1)(a) of the=20
Constitution). This, the Supreme Court has ruled repeatedly, includes=20
the right to know. A journalist has additional protection because, as=20
the US Supreme Court ruled in the Richmond Newspaper Case (1980), the=20
media function as "surrogates for the public." So would a citizens'=20
inquiry.

There are precedents galore before and after Independence. The report=20
of the Kanpur Riots Inquiry Committee, submitted by its Chairman=20
Bhagwan Das to the Congress president on October 4, 1931, is a=20
classic which was recently published in book form. It was banned=20
during the Raj because it went into the latent causes of communal=20
conflict. There was the Peshawar Inquiry into the outrages in=20
Peshawar in 1930. It was headed by Vithalbhai Patel.

In 1968, two senior members of the bar, Purshottam Trikamdas and=20
Sarjoo Prasad, served on a non-official inquiry into the police=20
outrages at Indraprastha Bhavan in Delhi. That report set out in=20
detail the procedure they followed and can serve as a model for such=20
inquiries. Besides, there are many instances of inquiries into=20
communal riots conducted by academics and others on behalf of=20
institutions like the Gandhian Institute of Studies and the Centre=20
for the Study of Developing Societies in Delhi.

Whether it is a statutory inquiry or any other, the tests in both=20
cases are the same - fairness in the procedure, thoroughness in the=20
inquiry and objectivity and honesty in the appreciation of evidence.

One misconception must be dispelled. In 1993 the Srikrishna=20
Commission issued, but later withdrew, notices, under Section 10 (A)=20
(2) of the Commission of Inquiry Act, 1952, to two former judges of=20
the Bombay High Court, Justices H. Suresh and S.M. Daud, for holding=20
a 'parallel commission of inquiry' on the riots. The latter had been=20
assigned the task of holding a citizens' inquiry by the Indian=20
People's Human Rights Commission, which filed a writ petition in the=20
Bombay High Court challenging the legality of the notices. The=20
petition was withdrawn following the withdrawal of the notices.

The provision is clearly aimed at scurrilous attacks which would=20
"bring the commission or any member thereof into disrepute". Section=20
10A is of doubtful constitutional validity. There was no "officious=20
meddling" as Justice Srikrishna imagined. He was assured that the=20
citizens' inquiry would, in fact, assist him by placing its material=20
before him.

There is, therefore, no legal impediment to the establishment of a=20
citizens' inquiry into the killings in Gujarat. Indeed, there is=20
every reason for its early establishment so that it begins its task=20
expeditiously - before the evidence disappears. Two precautions must=20
be kept in mind. It should not comprise retired judges who, having=20
creditably espoused public causes, revealed their commitments. Next,=20
the inquiry must be transparent and fair.

______

#4.

The Hindu, March 28, 2002

Don't become pawns, RSS tells Muslims
By Our Special Correspondent

NEW DELHI, MARCH 27. The Rashtriya Swayamsevak Sangh
today justified its recently- adopted resolution =97 ``let Muslims
understand that their real safety lies in the goodwill of the majority''
=97 describing it as ``a statement of fact''.

The RSS spokesperson, M.G.Vaidya, said the statement had not
been understood in the proper perspective. ``There are certain
irritants, some incidents act as irritants ... 2 lakh Kashmiri Hindus
have become refugees, Amarnath pilgrims were attacked, attempts
are made to convert Hindus to other faiths, and finally, ... it does no
credit to the Muslim community to allow itself to be made pawns in
the hands of extremist Muslim leaders and Hindu-baiting political
elements,'' (read the last as non-BJP parties).

However, though Mr. Vaidya said that the controversial statement
in the resolution was quite innocuous, he did not agree that if one
were to substitute Muslims in that sentence with Sikhs to read ``let
Sikhs understand that their real safety lies in the goodwill of the
majority,'' that sentence would also be a ``statement of fact''.

Mr. Vaidya also did not agree with another formulation of that
sentence. ``Let the Scheduled Castes understand that their real
safety lies in the goodwill of caste Hindus.'' No, he said, the RSS
never believed in caste differences, ``what is being suggested is
totally different from what was said about the Muslims in the
statement,'' Mr. Vaidya insisted. ``You are stretching this too far,''
he told the correspondent asking the question. There was no
explanation why if that statement was a ``statement of fact'' in
relation to one community, and nothing more vicious, why did it
seem wrong when one minority community was replaced by
another in the very same formulation?

Mr. Vaidya claimed that ``similar statements, similar expressions''
had earlier been used by different persons without everyone
making it into a major controversy.

He claimed that during the debates in the Constituent Assembly a
similar view was expressed by the then Congress leader, Mahavir
Tyagi, and another Muslim leader, Aziz Rasul, had rejected the
idea of reservation for Muslims on the ground that would give no
chance to the minorities to earn the goodwill of the majority
community.

On the Gujarat violence, Mr. Vaidya said that no Government could
have done better, the Modi Government had done what it could do.
He said the Godhra outrage had provided the spark: ``if there had
been no Godhra, there would have been no violence following it.''

o o o o

The Hindu April 1, 2002

Misrepresentation

Sir, =97 We are shocked to find that an RSS spokesman, in
justification of the Sangh's recent resolution, has referred
mischievously to remarks by the late Mahavir Tyagi in the
Constituent Assembly (March 28). The remarks were made on
August 27, 1947, on an amendment moved by a member of the
Muslim League who sought to introduce separate electorates.
Tyagi opposed this and supported general electorates which
necessitate seeking and retaining the confidence of the majority.
The RSS spokesman has used the speech selectively and out of
context.

The tenor of Tyagi's speech is opposed to the RSS ideology, both
in general and as recently manifested in the specific context of
Gujarat. For instance, in his speech Tyagi said: ``We cannot
recognise religions as far as the state is concerned"; ``we will
legislate in a manner that will be a guarantee against all injustice;"
``we belong to that part of the country which has guaranteed at the
very outset safety of life and property to everyone in this country";
and ``we do not believe in discarding minorities or finishing them or
killing them...'' Those who heard Tyagi had no misconceptions
about what he was saying or what he stood for throughout his life.

Uma Rani and Anil Nauriya,
Mahavir Tyagi Foundation,
New Delhi

_____

#5.

http://www.indian-express.com/full_story.php?content_id=3D53
Indian Express
Tuesday, April 02, 2002

Since pain is the same, let the compensation be the same too
Despite riot after communal riot, India still hasn't put a law in=20
place to ensure uniform compensation for victims, says Iqbal A.=20
Ansari, Secretary General of the Minorities Council
Iqbal A. Ansari

The public discourse on riots in India hasn't paid attention to the=20
absence of a law on the rights of their victims. The issue acquires=20
special importance given the riots in Gujarat, which are the result=20
of the failure of governance resulting in loss of life, limb,=20
shelter, property, places of worship, honour, and social and=20
professional dislocation of thousands.

Except for the victims of anti-Sikh riots in New Delhi in 1984, all=20
payment of compensation to riot victims has been ex-gratia. This=20
hasn't just led to a sweeping variation from Rs 20,000 to Rs two lakh=20
depending on political expediency, but the underlying arbitrariness=20
undermines the basic principle of the rule of law. Moreover, damages=20
other than life and limb undeservedly suffered by large number of=20
people - e.g. displacement, dislocation, causing permanent=20
vocational, social and educational losses, including schooling of=20
children - don't get due attention.

Rehabilitative measures are supposed to lie in the domain of=20
charitable social work. Officially, it is being looked in token=20
fashion after by a non-statutory National Foundation For Communal=20
Harmony, which is under the Union Home Ministry. This neglect has=20
happened despite the efforts of the National Commission For=20
Minorities (NCM) since 1980 when ''it strongly urged upon the=20
government to pass appropriate legislation and formulate schemes for=20
giving compensation to victims of communal riots'' on the ground that=20
''the State cannot be absolved from its responsibility of protecting=20
life and property of the citizens.''

Justice H.R. Khanna, whose opinion on the matter was sought by the=20
NCM, noted ''the rising trend in some countries to pay compensation=20
to victims of violent crimes eg. New Zealand (1963), Britain (1964)=20
and subsequently in Canada, Northern Ireland and USA and Australia.''=20
(NCM report, 1980)

In its Sixth Report (1981) the National Police Commission (NPC)=20
observed that ''it is the duty of the administration to compensate=20
these unfortunate sufferers (of communal riots) for the loss and=20
suffering undergone by them and to assist them in their=20
rehabilitation''.

The 1985 UN Declaration of Basic Principles of Justice for Victims of=20
Crime and Abuse of Power also requires governments to establish and=20
strengthen judicial and administrative mechanisms to enable victims=20
to obtain redress - expeditious, fair, inexpensive and accessible.=20
Clause 11 provides that ''victims should receive restitution from the=20
State whose officials or agents were responsible for the harm=20
inflicted''.

In India, it's the judgement of Justice Anil Dev Singh of the Delhi=20
High Court on the Civil Writ Petition No 1429 (Smt Bhajan Kaur vs=20
Delhi Administration) which proved pathbreaking in holding the State=20
liable to pay adequate compensation for having failed to protect the=20
life of citizens guaranteed under Article 21.

In the event of the State's failure to prevent the loss of innocent=20
lives, ''it cannot escape the liability to pay adequate compensation=20
to the family of persons killed during riots''. The judgement's=20
argument is based on the view that ''it is not open to the State to=20
say that the violations are being committed by private persons for=20
which it cannot be held accountable. Riots more often than not take=20
place due to weakness, laxity and indifference of the administration=20
in enforcing law and order...''

Though the Delhi government paid the anti-Sikh riot victims=20
compensation of Rs 3.50 lakh, the court's advice to the Union and=20
state governments is to enact laws ''to locate the responsibility for=20
the riots whenever and wherever they occur and the persons held=20
responsible for the same should be made to pay compensation and the=20
law should provide for confiscation of their properties so as to=20
secure payment of compensation out of the assets so confiscated.'' In=20
fact, the ruling even recommended that ''if a government official or=20
officials didn't act in time or were indifferent to mob violence,=20
they should also be required to make reparations to the victims and=20
face disciplinary proceedings''.

In August 1997, the Minorities Council was represented to the NCM in=20
August 1997 and subsequently to the NHRC for direction to the Union=20
and state governments for application of the judgment to victims of=20
other riots in the country and for enactment of a law on=20
compensation. This resulted in the NCM making a statutory resolution=20
for treating the Delhi High Court judgment as the general law for=20
awarding proper compensation to victims of all communal riots. Though=20
the NHRC indirectly endorsed the NCM resolution, it evaded=20
responsibility under the cover that the matter was with the Supreme=20
Court. But the case that was pending before the Supreme Court related=20
only to the limited issue of enhancement of the amount paid to Sikh=20
victims from Rs 2 lakh with interest to Rs 7.5 lakh and payment of=20
compensation to other Sikh victims in Kanpur, Jabalpur, Bokaro, etc.

In December 1997, the NCM appointed a committee on communal riots=20
headed by Justice V.M. Tarkunde for which this writer, as the=20
committee's convener, submitted a comprehensive report. It was=20
adopted by the NCM and sent to the government in March 1999.

There is an urgent need to enact a law on the rights of victims of=20
riots, to provide for a tribunal or a commission of inquiry for=20
fixing responsibility and determining losses and compensation. The=20
Central government should neither have the power to appoint the=20
commission nor to reject its findings. The panel should be appointed=20
by an independent panel and have the power to initiate legal=20
proceedings against erring officials and police personnel.

It is this fear of accountability and liability to pay compensation=20
which will have a ripple effect in starting a process of reforms of=20
the system. The chances of punishment - and just a transfer - and of=20
substantial monetary losses will instill fear of law in the=20
bureaucracy and the police, keep their passions and prejudices in=20
leash and make them perform their duty in accordance with the law=20
rather await for ''orders from above''.

It will be the duty of law makers to simultaneously provide=20
protection to officials, so that legitimate rights and interests of=20
their career do not get adversely affected for being independent and=20
upright.

____

#6.

Indian Express
Tuesday, April 02, 2002

Now they burn houses deserted by their frightened victims
In one week, mobs set fire to over 50 Ahmedabad houses whose=20
residents wait in relief camps, police say fire spreads too fast,=20
they are short of staff
Joydeep Ray

Ahmedabad, April 1 Inmates should not be asked to leave the=20
camps until appropriate relief and rehabilitation measures are in=20
place for them and they feel assured, on security grounds, that they=20
can indeed leave the camps. - NHRC report on Gujarat

The Gujarat government needn't worry about people in relief camps=20
wanting to return home. Arsonists in Ahmedabad have, over the past=20
week, made sure that many of those in the camps don't have homes to=20
return to: they have burnt down deserted houses in various parts of=20
the city even as Chief Minister Narendra Modi talks of normalcy.

And those whose homes are still safe fear that they, too, will be=20
attacked if they return.

Ramol in Amraiwadi, Vatva, Madhavpura, Gomtipur and Danilimda... the=20
story is the same everywhere.

- Fifty houses were set on fire on Sunday evening at Behrampura in=20
the Danilimda area; they'd been vacated by fleeing residents on=20
February 28. About 500 yards away are the Behrampura police outpost=20
and an additional police picket but that didn't help much when the=20
mob got to work.

- The previous night, the target was Rajpur in the Gomtipur area. The=20
damage: six houses belonging to Muslims burnt down

- Last Monday, a row of houses in the Ramal area

- The same day, houses and shops left unprotected burnt at Saiyedwadi=20
in the Vatva area and a house burnt in Madhavpura.

Mehboob Ali, a resident of Kasai ni Chali - the scene of yesterday's=20
arson - has been staying at the Shah Alam camp for the past month.=20
''I was told my house had been burnt last night. I wonder how people=20
came and burnt so many houses without the police being aware, even=20
though there's a checkpost a few yards from our colony,'' said Ali.

Ali and his neighbours in the same camp say they can't muster the=20
courage to visit their burnt houses. ''What's the guarantee that,=20
like our houses for this camp, the police assured us that our=20
property would be protected. Now everything's been reduced to=20
ashes,'' Salim Habib Shaikh, another resident, said.

Asked how the mob managed to get to the houses, Joint Commissioner of=20
Police M K Tandon said, ''Our men were on guard on the main road but=20
a group of people came from the rear and set the houses on fire. Only=20
when our men saw the smoke did they realise that the houses had been=20
set ablaze. We are still trying our best to ensure that property is=20
safe, even though we have a manpower constraint.''

It's not an explanation bought by those affected. ''We aren't=20
convinced by the logic given by the police. So many houses were burnt=20
and the police opened fire only after our houses were gutted. It's=20
quite difficult to believe," said Naseer Ali Shaikh, a resident of=20
Bukhari ni Chali who has now shifted to a relative's house in=20
Jamalpur.

The anger is simmering in Gomtipur too. ''It's not so easy to burn=20
houses and it can't be done in a few minutes. The mob came ready with=20
fuel and took their time burning our houses'', said Mohammed=20
Sirajuddin, resident of Nagpur Vora ni Chali. Again, the police have=20
a defence. ''Only a few people came and threw petrol bombs and acid=20
bombs on houses. The fire spreads very fast to adjoining houses. Our=20
men keep patrolling but it's not possible to set up pickets=20
everywhere. It's unfortunate but such incidents do take place,'' ACP=20
Chandrakant Vora said.

DCP (Zone-VI) B S Jebaliya, in whose area there have been three=20
incidents of arson in the last 10 days, said "We've also noticed that=20
some people are targeting vacant houses. But we have made arrests in=20
all cases to send a message to miscreants that stern action will be=20
taken.''

It's-under-control Modi

AHMEDABAD: On Monday, CM Modi said large-scale violence had been=20
brought under control, small incidents were being played up.=20
Meanwhile, during the day:

- The Army was called out in the Khanpur area of Ahmedabad on Monday=20
after a mob tried to attack some houses
- A mob set on fire at least eight houses at Adundara village near=20
Kadi in Mehsana district; curfew continued in Kadi town.
- Two people injured in violence three days ago died on Monday
- Indefinite curfew continued in Gomtipur

____

#7.

Time
APRIL 8, 2002 / VOL. 159 NO. 13
Asia

The Fire This Time
India's communal carnage should have ended when troops went in.=20
Instead, the hate is spreading
BY MEENAKSHI GANGULY NEW DELHI

REUTERS
Unforgiven: Violence in Gujarat in mid-March

Muslims are intolerant ... They only look out for one another ...=20
Even America has discovered that. This is murderous talk, heard these=20
days with astonishing frequency throughout India, in teahouses, in=20
crowded commuter trains, in the classroom, at the dinner table. They=20
need to be taught a lesson ... The time has come ...

In late February, India experienced a paroxysm of violence between=20
Hindus and Muslims. A group of Muslims in the western state of=20
Gujarat burned 58 Hindus alive on a train. In response, Hindus went=20
on a three-day rape, pillage and murder rampage that claimed the=20
lives of 427 people. It was the worst violence between the two=20
communities since riots in Bombay in 1993 claimed 800 lives.

But after the clashes in 1993, the hate swiftly receded. Today, the=20
opposite is happening. The chaos in Gujarat was supposed to be=20
quelled when the army was belatedly sent in. In fact, looting and=20
murder continue with both sides engaging in vengeful attacks. Nearly=20
300 people, mostly Muslims, have died since the first wave of=20
violence, almost all in Gujarat. In some places, police allow rioters=20
to continue un-molested. One special target of Hindu fury: those who=20
resist the hate. Last week, a mob stripped and then beat a Hindu=20
woman to death for protecting her Muslim friend; another mob fatally=20
stabbed a Muslim man for having married a Hindu. "These people always=20
take our women as one of their wives to beget Muslim children," says=20
one activist for the Vishwa Hindu Parishad (VHP), the extreme Hindu=20
movement linked with India's ruling Bharatiya Janata Party.

The truly frightening thing is that it's not just fanatics taking=20
part in the anti-Muslim pogrom. Murder has gone middle class:=20
businessmen are killing businessmen, farmers are fighting farmers,=20
mothers are urging mobs to attack neighbors' children. Across the=20
country, in the cities and out in the villages, Hindu "self-defense"=20
groups are ransacking Muslims' shops and burning their homes.=20
Vigilante patrols from each side keep watch over their respective=20
communities. Among Hindus, talk of finishing the job left undone from=20
the genocide of partition, in which up to a million people died in=20
the bloody split of the subcontinent, is open and common. In the past=20
month, more than 100,000 Muslims have fled their homes; business=20
losses are estimated at $600 million.

Prime Minister Atal Behari Vajpayee has described the pogrom merely=20
as "unfortunate." Pravin Togadiya, general secretary of the VHP,=20
warns that he can see Hindu sentiment getting even more out of hand.=20
Said one rioter in Ahmadabad, capital of Gujarat, as he watched his=20
comrades pillage a cluster of Muslim homes: "We want to make sure the=20
Muslims never come back." If there is one immutable law of nature, it=20
is that violence begets violence, and hatred spawns more hate (think=20
of the Middle East). India's long national nightmare may just be=20
beginning.

____

#8.

The Praful Bidwai Column for the week beginning April 1
--
Hindutva As A Caste Weapon
Why Gujarat?

By Praful Bidwai

Each day Mr Narendra Milosevic Modi stays in power, he inflicts grave=20
wounds upon the people of Gujarat, the 95,000 victims of communal=20
violence in refugee camps, the integrity of the administration--and=20
on India's secular-democratic Constitution and laws. Like a hardened=20
criminal who will commit more and more offences to cover his tracks,=20
Mr Modi is trying to evade culpability for the worst pogrom in=20
India's history by blaming, victimising, and maligning others: his=20
own relatively honest Indian Police Service officers27 of whom he has=20
summarily transferred, non-governmental organisations, and even=20
Opposition MPs. He has abused non-BJP MPs as "hypocrites" who=20
"systematically exaggerate" the gravity of the Gujarat situation by=20
misusing Parliament.

Mr Modi=92s remark that the current disturbances in Gujarat will stop=20
the moment Parliament ends its session is a grievous affront to that=20
institution and a ludicrous distortion of the truth. As the chairman=20
of the Central government-sponsored National Human Rights Commission,=20
Mr Justice J.S. Verma, has himself said after a three-day visit to=20
Gujarat, the situation there is far from normal; citizens are in the=20
grip of insecurity and a "fear psychosis". Mr Verma=92s remarks on the=20
state government's many failures confirm what civil society groups=20
such as the 28-member conglomerate of NGOs, Citizens=92 Initiative from=20
Ahmedabad, have been saying for the past three weeks.

Indeed, new evidence is emerging of the shocking role played by two=20
of Mr Modi's own cabinet colleagues on the crucial first day of the=20
post-Godhra violence. Health minister Ashok Bhatt and urban=20
development minister I.K. Jadeja personally occupied police control=20
rooms on February 28 to direct the "revenge" attacks. It is during=20
their presence there that former MP Ehsan Jaffrey=92s desperate, six=20
hour-long appeals for rescue were ignored--before he was charred to=20
death. That was also the beginning of the Naroda-Patiya butchery of=20
90 Muslims. The activities of the first day set the stage for the=20
massacre that followed.

India=92s Milosevic is now instructing his police to fudge First=20
Information Reports by diluting charges against communal killers from=20
"murder" to "murder in dacoity". Worse, the Gujarat police are=20
omitting individual names of marauders and murderers. Mr Modi is also=20
ill-treating people in refugee camps, where conditions are altogether=20
ghastly. In one camp, with 9,000 people, there are only four toilets.=20
In another typical case, the daily food rations are a pathetic 60=20
grammes--that too of wheat full of worms and dirt. Such is the=20
abiding ferocity of the communal hatred in Gujarat that the other day=20
a Hindutva mob killed a Hindu woman because she gave shelter to a=20
Muslim. The quality of violence is comparable to what was witnessed=20
during Partition in Punjab.

What explains the frightful intensity of this communalisation? Why is=20
Mahatma Gandhi=92s Gujarat in an even tighter grip of hatred, revenge=20
and bestiality than, say, Uttar Pradesh? How come educated bhadralok=20
people, respectable doctors and lawyers, participated in the killing,=20
burning and looting? Why do Gujarat's Hindutva supporters hate=20
Muslims so much?

To start with, it bears recalling that modern India's first communal=20
riot was recorded in Gujarat, in 1713. Gujarat is India's only state=20
in which the BJP rules on its own. It has a clear majority of votesin=20
contrast, it has always stayed below 40 percent in UP. The VHP too=20
has an active presence in each Gujarat village with a population=20
exceeding 500. The BJP=92s student wing, Akhil Bharatiya Vidyarthi=20
Parishad, claims to have a branch in every town and village. It is=20
not for nothing that Gujarat has been called Hindutva's crucible or=20
"laboratory". The victims recently placed in the crucible have been=20
Christians, Adivasis (who are nature- or ancestor-worshippers, not=20
Hindus), Dalits, and of course, Muslims.

It is impossible to understand Hindutva's overwhelming strength in=20
Gujarat without noting the general influence of Right-wing thinking=20
in the culture of this business-oriented state and society which=20
places a premium on commercialising all human relationships. At the=20
political level, the Right's influence goes back to Gandhi's=20
withdrawal in the late 1920s from active involvement in Gujarat in=20
favour of national politics, and the importance of Sardar Vallabhbhai=20
Patel's role.

It is on this fertile soil that three major factors have shaped=20
Gujarati society and politics. The most important is the early=20
consolidation of a powerful alliance between the patidar land-owning=20
farmers in the villages, and Brahmins and Banias in the cities. This=20
divided the state between "Bhadra Gujarat" and "Aam Gujarat", say=20
Gujarat-based social scientists Achyut Yagnik and Suchitra Sheth.=20
=93The expanding and modernising middle class of Gujarat has been=20
looking for a new identity to validate its present and protect its=20
future." Hindutva has furnished this identity. When faced with a=20
challenge "from below", from Dalits and OBCs wanting to share power,=20
the upper-caste elite reacted violently, especially after the=20
impressive 1980 electoral performance of the KHAM=20
(Kshatriya-Harijan-Adivasi-Muslim), coalition put together by=20
Zinabhai Darji.

The savarna (upper caste) reaction took the form of a violent=20
agitation in 1981-82 against Dalits and the reservation system. "The=20
myth of Gandhi's Gujarat--peaceful, tolerant and=20
non-violent--exploded", say Yagnik and Sheth. This was repeated even=20
more militantly against the OBCs in 1985-86. Remarkably, the leader=20
of this Right-wing campaign against any dilution of bhadralok power=20
was none other than Mr Narendra Modi. Its predominant ideology was=20
Hindutva, the binding cement of savarna unity baptised in blood. This=20
was originally targeted at the Hindu low castes, but soon turned=20
against Muslims.

"While the ideology of Hindutva was gaining ground", say Yagnik and=20
Sheth, "moderate voices were getting weaker and more inaudible. By=20
the early 1990s, community leaders =85 no longer wielded any authority=20
over their youth and the traditional structures of community control=20
had crumbled. These youngsters, in their late teens and early=20
twenties have grown up on a diet of anti-minority invective and the=20
voices of moderation, of liberal thought and tolerance have been=20
missing from their environment."

A second factor has been the growing influence of conservative and=20
religious ideas through the NRI community. Gujarat has the highest=20
population of any Indian state of non-resident Indians in the=20
professional classes living in North America. Their "long-distance"=20
nationalism is especially reactionary, and feeds Hindutva. This=20
segment of the NRI community is more orthodox, traditional and=20
backward-looking than its resident Indian counterparts. It provides=20
the role-model for young Gujaratis whose anti-minority orientation is=20
only matched by their disdain or hatred for Gandhi, whom they regard=20
as effete and "effeminate".

There is a third factor too. This is Gujarat=92s weak liberal culture.=20
Gujarat has certainly had a tradition of tolerance, and peaceful=20
co-existence of ethnic groups and religions: e.g. Hindus, Muslims and=20
Parsis. But tolerance is not the same thing as modernist liberal=20
respect for pluralism. One reason for a lack of this, apart from the=20
strength of the Right, is the weakness of Gujarat's labour movement.=20
Once militant, this was compromised by the imposition of the=20
pro-employer Mazoor Mahajan union based on the romantic notion of=20
"trusteeship": industrialists as the "trustees" of labour, not its=20
exploiters, which they are.

The disarming of the labour movement an early stage meant that=20
Gujarat=92s elite was under little pressure to make human rights,=20
labour rights and other concessions, or to respect liberal values. As=20
the great historian E.P. Thompson often said, a liberal culture=20
doesn=92t come out of thin air; it arises from the people=92s struggles,=20
when workers and peasants fight at the barricades. This didn=92t happen=20
in Gujarat.

Since the early 1990s, the bhadralok's growing assertiveness or=20
aggressiveness has increasingly taken the form of xenophobia and=20
crude Hindu-chauvinism. It is in Gujarat that textbooks were first=20
severely rewritten to distort history by glorifying everything Hindu=20
and maligning everything non-Hindu. The effects have been aggravated=20
by changes in the social geography of cities like Ahmedabad, and=20
creation of Hindu and Muslim ghettos, resulting in declining social=20
interaction between communities.

Thus, Gujarat=92s Muslims, 100 percent Gujarati-speaking and probably=20
the most culturally integrated in India, have been turned into the=20
bhadralok=92s villains and targets. Ironically, this happened in a=20
state where the penetration of Islam was remarkably peaceful,=20
according to scholars. Traditionally, Gujarat=92s Muslims were=20
themselves divided into 130 different communities vastly disparate in=20
descent, occupation, lifestyle, and religious customs. For instance,=20
the Bohras and Khojas were severely persecuted by Sunni Muslims, not=20
Hindus. Hindutva has been as blind to differences among Muslims as it=20
has been to divisions among the Hindus.

Hindutva's overwhelming of Gujarat has delivered a devastating blow=20
to the state=92s society and economy. Gujarat, India=92s most=20
industrialised state, has for years, topped the foreign investment=20
charts and attracted more than twice the amount of such investment=20
per capita than Maharashtra. After the carnage, economic growth is=20
certain to slow down. Rising unemployment will fuel greater=20
frustration, social strife and violence. Gujarat=92s future looks=20
bleak. But unless the Hindutva juggernaut is stopped and communal=20
forces are sent packing, much of India could soon begin to resemble=20
Gujarat. That would spell India=92s descent into barbarism.--end--

____

#9.

2nd KaraFilm Festival

!!! CALL FOR ENTRIES !!!

The Karachi International Film Festival 2002

September 2-8, 2002 - Karachi, Pakistan.

Organized by filmmakers, the KaraFilm Festival is a celebration of=20
the moving image and of storytelling. Our goal is to promote an=20
appreciation of the art and craft of filmmaking among a wide=20
population as well as to encourage creativity and high standards=20
among filmmakers. The 1st KaraFilm Festival, held last year, drew=20
participation from India, Sri Lanka, the United States and Canada in=20
addition to Pakistan and featured 35 film screenings over three days.=20
It is back this year, bigger and better.

Filmmakers are invited to submit films in any of the following categories:

1. Short Shorts (Fictional Work Up To 15 minutes in Length)

2. Medium-Length Shorts (Fictional Work Between 15 and 60 minutes in Length=
)

3. Feature Films (Fictional Work Over 60 minutes in Length)

4. Documentaries (Non-Fictional Work of Any Length)

Work may originate on Film OR Video.

The Deadline for Submissions is June 15, 2002.

For details on how, where and what to submit, please go to our website:

<http://www.karafilmfest.com>http://www.karafilmfest.com

--=20
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