[sacw] SACW | 1-2 Sept. 02

[Harsh Kapoor]

South Asia Citizens Wire | 1 September 2002

__________________________

#1. Freedom Unfinished-Fundamentalism and Popular Resistance in=20
Bangladesh Today
(Jeremy Seabrook)
#2. Narendra Modi's Hindutva laboratory (K.G. Kannabiran)
#3. Gujarat: a citizen's perspective (Shymala)
#4. Gujarat BJP stirs hate cauldron

__________________________

#1.

Freedom Unfinished-Fundamentalism and Popular Resistance in Bangladesh Toda=
y
Jeremy Seabrook
Zed Books, London & New York
2001
ISBN: 1-85649-908-1
243 pages
$25 /14.95 Pounds sterling [paperback]

http://zedweb.hypermart.net/cgi-bin/a.cgi?1%2085649%20907%203

______

#2.

Little Magazine
Vol III : issue 2 [2002]
In bad faith

Narendra Modi's Hindutva laboratory

K.G. Kannabiran *

In the fall of 1944, Himmler realised that the game was up. The war=20
was coming to a close and the extermination facilities at Auschwitz=20
had to be dismantled. He said to Eichmann, "If up to now you have=20
been busy liquidating Jews, you will from now on, since I order it,=20
take good care of Jews, and act as their nursemaid." That is=20
precisely what is happening in Gujarat now.

Vajpayee seems to have given Modi similar instructions. They sent=20
star policeman K.P.S. Gill in lieu of Article 355. A peace initiative=20
is taking shape and like all such initiatives, it will be as loosely=20
structured as possible, promising no redressal, no justice, but an=20
abundance of pity and mercy for the plight of the victims of this=20
great experiment. This is not my description of these macabre=20
incidents of the last few months - February, March, April and May.=20
Gujarat, the Rashtriya Swayamsevak Sangh (RSS) announced, will be the=20
laboratory of the Hindu Rashtra. From the time the Bharatiya Janata=20
Party (BJP), the political wing of the RSS, captured power in Gujarat=20
through the electoral process, they have been true to their=20
declaration. Soon after assuming power, the BJP state government=20
removed the ban disallowing public servants from being members of the=20
RSS. The recent Gujarat violence has graphically shown how the=20
bureaucracy, at various levels, has turned into a Hindutva brigade.

LAYING THE GROUND FOR HINDUTVA

The nature and extent of the carnage also makes it clear that the=20
state had been preparing the people for the Hindutva experiment for a=20
long time. In fact, the roots of Hindutva go far deeper still - to=20
the systematic destruction of institutions under Indira Gandhi's=20
authoritarian rule, followed by a succession of myopic leaders who=20
had neither principles nor ideology but were driven solely by the=20
greed for personal power. It is this climate of cynicism and despair,=20
leading to one hung parliament after another, which fostered the=20
growth of the BJP.

The BJP, in its previous incarnation as the Jana Sangh, had little=20
presence in the parliamentary political process. It was only after=20
the Emergency (1975), when it joined the Jayaprakash Narayan (JP)-led=20
movement and merged into the Janata Party, that the erstwhile Jana=20
Sangh managed to gain a sizeable presence in Parliament by riding the=20
anti-Emergency wave that swept the country. The motley Janata Party=20
headed by Morarji Desai gave an opportunity to the Hindutva forces to=20
enter the power structure and that was the beginning of the=20
manoeuvres of fascism within the constitutional framework, leaving it=20
to a palsied Left to uphold the Constitution. The Janata experiment=20
ended in a fiasco, Indira Gandhi returned to power, but the Jana=20
Sangh did not wither away - it renamed itself as the BJP and despite=20
the setback of 1984, when it was reduced to just two seats in the Lok=20
Sabha, it continued to grow in insidious ways. Just as it used the=20
Janata wave in 1977 to become a national player, it piggybacked on=20
the V.P. Singh-led anti-Bofors campaign of the late 1980s to once=20
again form the central government (albeit supporting it from the=20
outside) in late 1989. Having reached thus far, the Hindutva forces=20
then began their systematic assault on the Constitution and=20
democratic values in the form of the anti-reservation agitation and=20
Advani's infamous rath yatra, both in 1990.

In the course of my recent stay in Gujarat I came to know that=20
Advani's rath yatra was Narendra Modi's brainchild. Their game plan=20
was simple - given the complete failure of the welfare state and=20
democratic politics, and with no countervailing challenge from the=20
Left movement, capturing the support of the majority community would=20
enable them to gain power at the Centre. Successive Prime Ministers,=20
too short-sighted to see the looming threat, only facilitated this=20
game plan, paving the way for a BJP-led government in India. Rarely=20
have we seen such vulgar display of religiosity by public=20
functionaries as we witness now. In the context of these practices,=20
secular values seem to have lost their relevance. Every caste=20
division and division on religious lines have become grist to the=20
mill of electoral politics. As commitment to social transformation=20
diminished, the electoral process distanced itself from the people=20
and caste and communal factors remained the sole strategies in=20
adversarial politics, beginning the spiral of degeneration. The=20
resounding success of the Dalit movement did not help strengthen the=20
democratic and secular content of politics.

Earlier, social reforms were used to bring about homogeneity among=20
the Hindus by attempting to abolish caste divisions. Those were=20
attempts to reform Hindu society, to rid it of its long-standing=20
aberrations, which treated a sizeable majority within its fold as=20
non-persons. Such noble aspirations are outdated in present-day=20
politics.
------------------------------------------------------------------------

In the course of his epic tour of the riot and violence-torn=20
Noakhali, when Gandhiji was informed of the retaliation in Bihar he=20
said, "For a thousand Hindus to fall upon a handful of Muslims - men,=20
women and children - living in their midst is no retaliation, but=20
just brutality. It is the privilege of arms to protect the weak and=20
the helpless. The best succour that Bihar could have given to the=20
Hindus of East Bengal would have been to guarantee with their own=20
lives the absolute safety of the Muslim population living in their=20
midst"

------------------------------------------------------------------------

But communal politics did not emerge suddenly. It has been with us=20
for a long time. It was given an ideological content after the=20
founding of the RSS. Its contours were clearly defined. It has been=20
growing steadily since the Partition. This was made clear to us in=20
course of many conversations in Gujarat. Two persons from the Visva=20
Samvad Kendra, the RSS media cell, met us at the Karnavati Club in=20
Ahmedabad. They found fault with the electronic media's presentation=20
of the riots. They said the media talks to just one person in a=20
district and draws inferences about the violence in the entire area.=20
They then gave us a copy of the magazine they published, which=20
highlighted Godhra and not the subsequent violence, though the issue=20
was printed much later. They said the root of this violence has to be=20
traced to 1947 - a stand that successfully blocked further=20
discussions on the current violence. We are taken back in time to=20
Nathuram Godse and his reasons for shooting down Mahatma Gandhi. In=20
his statement to the court, Godse, without any remorse, enumerated=20
these reasons. There was nothing noble or profound about them. The=20
logic of his reasoning was limited to the communal ideology (if you=20
can give communal politics that name) he was wedded to. Such a=20
limited frame of thought cannot understand Gandhiji and his vision of=20
society. In the course of his epic tour of the riot and violence-torn=20
Noakhali, when Gandhiji was informed of the retaliation in Bihar he=20
said, "For a thousand Hindus to fall upon a handful of Muslims - men,=20
women and children - living in their midst is no retaliation, but=20
just brutality. It is the privilege of arms to protect the weak and=20
the helpless. The best succour that Bihar could have given to the=20
Hindus of East Bengal would have been to guarantee with their own=20
lives the absolute safety of the Muslim population living in their=20
midst." Post- independence India has not known a single leader of=20
adequate moral stature to effectively intervene in periods of acute=20
political violence. The massacre of Sikhs in 1984 on the streets,=20
roads and bylanes of Delhi still awaits redressal and justice. We=20
have not even honed our institutions to respond to crisis situations=20
with speed and justice, which alone will discipline people and=20
encourage them to respect the law and authority. Judges,=20
administrators, lawyers, the entire quill-wielding class, doctors and=20
others who run our state and civil society have their own agenda and=20
philosophy and these inform their decisions and attitudes, whether in=20
normal times or in times of crisis. The courts, which did not rise to=20
defend personal liberty during the Emergency, wrote copiously about=20
our liberties after we were released from our incarceration!

THE BJP'S BRAND OF SECTARIANISM

There have been excellent analyses and interpretations on the=20
recurring communal riots that have wracked the country. They help=20
post facto understanding. The point is, however, and has always been,=20
not merely to interpret but to change things - to change the mindset=20
that fosters communal violence and to prevent communal riots from=20
taking place. The politics of secularism have fallen far short of=20
this. After V.P. Singh's fall, there have been no active, committed=20
defenders of the Constitution. The BJP, which had nothing to do with=20
the framing of the Constitution, has sought to undermine it from=20
within in the manner of Hitler. Having found the Constitution=20
inadequate for their aims of Hindutva, the BJP is now seeking a=20
'review'. The country has been prepared for a communalism that is=20
qualitatively different from earlier communal skirmishes that we have=20
witnessed. This trend has been evident since Advani's 1990 rath=20
yatra, which commenced, significantly, from the Somnath temple in=20
Gujarat. From that time, Hindutva has been on the national political=20
agenda. The anti-Reservation stir following the Mandal Commission's=20
recommendations and Ambedkar-bashing were a prelude to that. The=20
demolition of the Babri Masjid was a frontal attack on secular=20
values. The Hindu religion, declared the RSS-BJP combine, is more=20
equal than other religions. Hindutva's first experiment registered=20
its success. They never worried about their electoral strength in=20
working out their political agenda. They kept their political agenda=20
alive by keeping the temple issue alive. The September 11 attacks in=20
New York and Washington also helped this trend to some extent. The=20
abracadabra of war against terrorism found support from the BJP=20
government. They pushed their agenda of Hindutva while they had POTA=20
passed to contain both Islamic terrorism and secular and democratic=20
dissent within. The unwritten guiding premise of governance today is=20
majoritarian supremacy in the form of Hindu theocracy.

Investigations into the carnage in Gujarat reveal that even as the=20
arguments on whether and where to allow shilanyas for the Ram Temple=20
in Ayodhya were being heard in the Supreme Court, preparations were=20
underway to test the strength of the Hindutva forces and their=20
ability to impose their will on the nation. Although it was the=20
minorities who were mercilessly attacked in Gujarat, the Hindutva=20
forces were in fact going for the jugular of the Hindu liberal and=20
secular society all over the country.

Gandhiji comes from Gujarat. What happened in Gujarat on February 28,=20
2002, is not just a negation of what he stood and died for, but was=20
equally a negation of all the values we fought for in the course of=20
our long struggle for independence.

RAM SEVAKS AND THE GODHRA ATTACK
Godhra is in the Panch Mahals district of Gujarat. The Sabarmati=20
Express, which carried Ram sevaks to Ayodhya earlier, was bringing=20
them back to Ahmedabad. They returned without expending their=20
energies, as shilanyas for the Ramjanmabhoomi temple did not take=20
place. The Ram sevaks, at any rate a majority of them, are quite=20
young and energetic. The youth gathered for Ayodhya are from the=20
unemployed and idle ranks that have been recruited to Vishwa Hindu=20
Parishad (VHP) and Bajrang Dal. They are given a trishul and a sword=20
on payment of a small fee. Regular meetings are held to instil in=20
them a certain pride, a sense of belonging. This proximity, this=20
bonhomie with the upper caste Hindus for a cause is intoxicating.=20
These foot-soldiers of Hindutva belong to the lowest rungs of the=20
caste hierarchy. The leaders of Hindutva abuse Ambedkar and are=20
trying their best to sever Ambedkar's association with the=20
Constitution. They tried very hard to deny the literate among the=20
penultimate and the lowest rung of the caste hierarchy their right to=20
reservations, which alone would make their right to equality=20
meaningful. A tenuous cultural link, an amorphous religious identity=20
that excludes them, treats them violently, at the same time unifies=20
this fissiparous population to a 'Hindu' cause for crusades against=20
Muslims - most of whom are as backward as the large majority of=20
Hindus.

The train was carrying around 1,200 passengers. Obviously, an=20
over-crowded train. Passengers travelling in reserved compartments=20
had to allow the rampaging Ram sevaks into the compartments. One can=20
imagine the inconvenience and the irritation caused by the crowds=20
that had barged in and were strutting about - arrogantly,=20
aggressively. After all, it was their train. Railway Minister Nitish=20
Kumar (an OBC too) was their man. They had all gone to Ayodhya on=20
party work and it was their government which ran the country and the=20
trains. That is how all party cadres and crowds behave when they are=20
going to or returning from melas held by their political parties.=20
There had been complaints against these Ram sevaks both while going=20
and on their return on February 27. They had inconvenienced even=20
Hindu passengers in the reserved compartments. There were complaints=20
by Muslim vendors on the platform that tea and eatables were consumed=20
without payment. They also misbehaved with Muslim vendors, some of=20
whom happened to be women, assisting the men vending tea and=20
eatables. By all accounts, there had been an altercation between the=20
Muslim vendors and the Ram sevaks. There is no evidence that the=20
Hindus present on the platform also participated in this altercation.

As the train pulled out of Godhra station the chain was pulled. The=20
train stopped near the Signal Falia - which happened to be a Muslim=20
inhabited area - and there was an attack on the bogey S-6, a reserved=20
compartment. It can be inferred that the anti-social elements among=20
the Muslims living there converted an altercation into a communal=20
riot. That it was spontaneous to start with cannot be ruled out.=20
There was stone-pelting from outside. A few seconds thereafter, the=20
compartment was in flames. The stone-pelting would have brought down=20
the shutters and yet it is asserted that the interior of the=20
compartment was set on fire by a fireball made of cloth that was=20
tossed in through the window from outside. At Signal Falia, the rail=20
track elevated at about 12 to 15. The compartments have the added=20
protection of three to four cross-bars running through all the bogies=20
- to prevent robbery, snatching or the entry of miscreants through=20
the window. The balls of cloth set on fire and flung from the ground=20
level seem to have found their way into the compartment pretty=20
easily, since the outer surface of the bogey does not bear much=20
evidence of arson, except for the fringes of the window frames. These=20
particular marks may be on account of flames that raged within the=20
compartment licking the outer fringes of the windows. But the fire=20
totally destroyed the interior of S-6, turning it into a heap of=20
twisted metal. The tragedy is that the fire killed more than fifty=20
human beings which included a large number of passengers who had=20
nothing to do with the goings-on in Ayodhya or elsewhere in the=20
country. Such crimes should never go unpunished.

This fire in S6 raises several questions. Union Home Minister L.K.=20
Advani is personally aware of what happened in the country after the=20
Babri Masjid was brought down. What security measures were taken to=20
prevent a flare-up of communal violence in the country in view of the=20
tensions being created over the shilanyas programme at Ayodhya, which=20
would mark the initiation of the Ram temple there? To say that law=20
and order is a state subject is hardly a responsible reply. The=20
situation in Ayodhya throughout January and February had all the=20
potential for causing a breakdown of public order but the zeal the=20
government exhibited in countering terrorist violence was singularly=20
missing when it came to dealing with possible violence by the=20
majority community.

PRE-PLANNED CARNAGE

After the Godhra tragedy and independent of that tragedy, a genocide=20
was unleashed on the Muslim population in Gujarat. The next day=20
(February 28) attacks on the Muslim population began simultaneously=20
in various parts of the state, which were clearly well planned long=20
before the Godhra tragedy. Narendra Modi himself made this=20
distinction when he described the events at Godhra as 'communal=20
violence' and its aftermath in the rest of Gujarat as 'secular=20
violence.' Various facts that have come to light indicate that the=20
anti-Muslim violence in the state was independent of the Godhra=20
tragedy. Both victims of the violence as well as many other=20
independent witnesses confirmed that the government had been planning=20
large-scale violence much before February 27. It was part of the=20
preparations being made by the Hindutva brigade in tandem with the=20
shilanyas programme in Ayodhya. The build-up of the hard-line=20
sectarian agenda was very open. The statements of VHP International=20
General Secretary Praveen Togadia, senior VHP Vice President Acharya=20
Giriraj Kishore, National Convenor of the Bajrang Dal S.K. Jain and=20
others in the month of February are instructive. The statements made=20
with reference to the temple construction campaign in Ayodhya are=20
extremely provocative and the message is very clear. Look at Pravin=20
Togadia's statement to the Asian Age, Mumbai on February 7: "It will=20
have to be Pakistan or the Mandir. The mosque constructed by Babar at=20
Ayodhya 450 years ago by destroying the Ram temple and the September=20
11 attack on World Trade Centre are symbols of Islamic Jihad. It is=20
necessary for India, Jews and the western world to get together and=20
fight Islamic militants." Such statements invariably prelude the=20
massacre of the Muslim minorities living in our midst. In one=20
statement, the Bajrang Dal leader had threatened that if Muslim=20
organisations prevented the construction of the temple, the Dal would=20
chant Hanuman Chalisa at the Jama Masjid in Delhi. The VHP and=20
Bajrang Dal's record of issuing threats and indulging in violence is=20
well-known. Remember December 1992? The VHP had assured the Supreme=20
Court that its kar sevaks would only sing kirtans in the vicinity of=20
the Babri Masjid, and so they were allowed into the precincts of the=20
mosque. What happened to the mosque is a continuing history! This=20
time round, the preparations underway in other parts of the country=20
can only be guessed from what happened in Gujarat. The scale of these=20
preparations came to light when communal violence was sparked off in=20
Godhra.
------------------------------------------------------------------------

All the attacks in different parts of the state commenced almost=20
simultaneously. The pattern of killing also never varied. A mob,=20
locally termed a 'tola', comprising thousands of bloodthirsty men,=20
would chase Muslims from one end and the police force would block=20
them on the other to prevent them from fleeing to safety. The mob=20
then fell upon them, and killed, quartered, and set their victims on=20
fire

------------------------------------------------------------------------

The BJP government took direct control of the postings and transfer=20
of police inspectors. As soon as Narendra Modi assumed power,=20
inspectors were carefully chosen to man certain police stations. He=20
also handpicked the Commissioner of Police, who supervised the=20
violence. Police officers belonging to the Muslim community were not=20
given executive posts, but were transferred to man administrative=20
posts. The Bajrang Dal and the VHP, the militant wings of the RSS,=20
were allowed to spread their tentacles in the state machinery=20
effectively. For quite some time, they have been working among the=20
tribals and, in fact, used them as their sword arm in the post-Godhra=20
carnage quite effectively. They had armed their cadre and we were=20
told meetings were regularly held in various centres of the state.=20
Since Godhra is known to be communally sensitive, the administration=20
ought to have swung into action and used the preventive detention=20
provisions of the law as soon as the train tragedy took place. That=20
course was not open because several ministers in Modi's cabinet were=20
participating in the violence and/or monitoring the organised crowds=20
to guarantee effective pillage and slaughter. Ministers Ashok Bhat=20
and Jadeja occupied the police control rooms at Gandhi Nagar and=20
Ahmedabad and directed the mayhem. Revenue Minister Hiren Pandya,=20
eyewitnesses said, led the mob to destroy Muslims and their property.=20
A former Chief Justice of the state emphatically confirmed the=20
people's version by declaring that the Constitution and the laws=20
stood suspended on February 28 and the following days. Narendra Modi,=20
like the anomic man, is "spiritually a sterile person responsive only=20
to himself and responsible to none". Such a person is still allowed=20
to continue as Chief Minister. This in itself, along with the support=20
extended to him by the BJP and RSS leadership despite his lawless=20
conduct while in office, is part of the all-India plan to realise=20
Hindutva!

All the attacks in different parts of the state commenced almost=20
simultaneously. The pattern of killing also never varied. A mob,=20
locally termed a 'tola', comprising thousands of bloodthirsty men,=20
would chase Muslims from one end and the police force would block=20
them on the other to prevent them from fleeing to safety. The mob=20
then fell upon them, and killed, quartered, and set their victims on=20
fire. A child victim told us that he saw ten members of his family=20
being slaughtered. The manner in which Jaffri, Kausar and Geetha Ben=20
were killed are now household stories in the country. The murderers=20
wore headbands imprinted with the words 'Jai Siyaram'. The leaders of=20
the tola sometimes asked their victims to say 'Jai Siyaram'. When=20
they refused, they were put to death. The tolas converted Lord Rama=20
into a psychopathic, bloodthirsty god.

The violence did not stop with just the killings. There was an effort=20
to destroy the identity of the dead. The same violence was used to=20
kill the rich. The killers had lists of Muslims in each ward or=20
mohalla, and lists of properties of the Muslims in each such=20
locality. Two high court judges, one of them sitting, were attacked=20
and their houses destroyed. They had to flee the judges' colony and=20
take shelter in a Muslim colony. When some fool had thrown a knife at=20
Justice Grover of the Supreme Court, Indira Gandhi - describing it as=20
a grave breakdown of law and order - had cited it as one of the=20
reasons for invoking the Emergency. But in this case, when=20
state-sponsored murderers attacked judges in their homes, the Supreme=20
Court took no notice of it and failed to come to their rescue.

Women were raped in front of hysterical tolas. Pregnant women were=20
killed and foetuses pulled out and quartered and thrown away. The=20
leaders of the mobs zeroed in on inter-religious married couples and=20
if one of them was a Muslim, killed them both. Children, too, were=20
not spared. Properties and business houses of Muslims were=20
systematically destroyed, including business houses where one of the=20
partners happened to be a Muslim. Countless places of worship were=20
destroyed. How does one explain this all-encompassing violence and=20
destruction? Is it possible to conceive of madness without lucid=20
intervals? Erich Fromm's explanation of human destructiveness answers=20
the question to some extent. According to Fromm, "the degree of=20
destructiveness is proportionate to the degree to which the unfolding=20
of a person's capacities is blocked. If life's tendency to grow, to=20
be lived, is thwarted, the energy thus blocked undergoes a process of=20
change and is transformed into life-destructive energy. Destruction=20
is the outcome of unlived life."

CASE FOR GENOCIDE
We have here a state-sponsored, state-directed and state-supported=20
violence where more than a thousand were killed. The perpetrators=20
have destroyed evidence of the numbers and identities of persons=20
killed. The ruling party at the Centre and the state are the same.=20
The carnage in Gujarat deserves a Nuremberg style trial. It has all=20
the elements of genocide. This is not the first time such a genocide=20
has been committed in India. The massacre of Sikhs in the wake of=20
Indira Gandhi's assassination in 1984 by the leaders of the Congress=20
Party was by no means a riot. The killing of Sikh students in Bidar,=20
Karnataka, in September 1987, was also not a riot. Both were=20
instances of deliberately targeting a particular religious group.=20
After Hitler's Final Solution, there is a name for this. After the=20
Second World War, on December 9, 1948 to be precise, an International=20
Covenant was brought into existence to 'Prevent and Punish the Crime=20
of Genocide.' It has in all 19 articles. Article II and III are=20
important. Recalling the decimation of Jews in Hitler's Germany,=20
Article II defines the crime of genocide thus:

" =8AGenocide means any of the following acts committed with the intent=20
to destroy, in whole or in part a national, ethnical, racial, or=20
religious group, as such:

(a) Killing members of the group;
(b) Causing serious bodily or mental harm to the members of the group;
(c) Deliberately inflicting on the group conditions of life=20
calculated to bring about its physical destruction in whole or in=20
part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of one group to another group.

The Covenant has also enumerated the offences that are punishable and they =
are

(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide."

At present, there is no law in India specifically dealing with=20
genocide. No law on genocide can have retrospective operation. But I=20
do believe that the international Covenant on Genocide has become=20
part of customary law as it does not conflict with any other existing=20
law. Such an interpretation may help the National Human Rights=20
Commission to conduct a detailed investigation into the crimes and=20
submit a comprehensive report to the government and the nation.

The facts narrated in its Summary Report on Gujarat add up to a prima=20
facie accusation of genocide. The Commission has an immediate=20
obligation to the people and a mandatory obligation to posterity to=20
inquire into the Gujarat violence and record its findings so that no=20
political party and no government in future can resort to such brutal=20
practices. As part of this obligation, the National Human Rights=20
Commission must prepare a Model Statute on genocide, including=20
provisions for effectively taking preventive measures to protect=20
religious, ethnic and linguistic minorities from being attacked.=20
This, in my view, is mandatory because under the International=20
Criminal Code, genocide and crimes against humanity are declared as=20
offences. As Hannah Arendt said, "Genocide is an attack on human=20
diversity as such, that is upon characteristics of the human status=20
without which the very words 'mankind' or 'humanity' would be devoid=20
of meaning."

Genocide apart, there is also the question of the right of=20
minorities. After the collapse of the socialist states in central and=20
eastern Europe in 1989, violent ethnic conflicts erupted involving=20
minorities in Europe. By 1993, the war in the former Yugoslavia -=20
Croatia, Bosnia and Serbia, along with Vojvodena and Kosovo - had=20
taken a toll of several thousand lives and displaced two million=20
people. The violence spread to the Caucasus and Moldavia and=20
threatened to engulf the former Soviet Union. It was during this=20
period that the Declaration of Rights of Persons Belonging to=20
National or Ethnic, Religious or Linguistic Minorities was adopted by=20
the UN General Assembly by a Resolution dated December 12, 1992. The=20
principles for the protection of minorities are expansively spelled=20
out in this resolution, much of which are also guaranteed in our=20
Constitution. Genocide is the forfeiture of minority rights.

SECULARISM AS JUSTICE

The members of the Constituent Assembly knew only too well that India=20
was a conflict-ridden pluralist society. So they provided for=20
secularism as a value. Secularism was the major implicit premise of=20
the Constitution until the 42nd Amendment, when it was explicitly=20
made one of the national objectives. Secularism as a concept came=20
into existence in the days of early capitalism as a response to the=20
misery inflicted on the poor by unregulated working conditions. In=20
fact, the dictionary defines secularism as a doctrine which states=20
that morality should concern itself solely with the well-being of=20
humankind in the world as it exists, to the exclusion of all=20
considerations drawn from a belief in God or in a future state. This=20
concept of secularism was later eclipsed by the emergence of=20
socialist thought. In this broad sense, secularism includes in its=20
ambit the objectives set out in the Preamble of our Constitution, in=20
the Articles pertaining to abolition of untouchability, bonded and=20
child labour and almost all of the Directive Principles in the=20
Constitution. The Supreme Court, too, defined secularism in this=20
broad sense in the S.R. Bommai case, which came up in the backdrop of=20
the Ayodhya controversy. Now that ethnic claims and conflicts abound=20
all over the world, there is a necessity for the international=20
community to bring forth an International Covenant on Secularism in=20
Plural Societies within States. The argument that 'secularism is a=20
western concept and therefore is a problem' appears to be wholly=20
misconceived; so also our definition that it means that 'all=20
religions are equal.'

What should one do about the crimes committed in the course of=20
executing this plan of Hindutva by Narendra Modi and others? Our=20
courts are not geared to deal with such large-scale social violence.=20
Courts and the present legal system have reduced the entire judicial=20
process into a game in which the real protagonists are not the=20
victims, the accused or the plaintiffs, but the lawyers who play for=20
high stakes. In fact, the stakeholders in the institution of justice=20
are the successful 'professionals.' The institution is successfully=20
subverted from its institutional purpose and is converted into a=20
private enterprise. In Gujarat, the situation is far worse. Even the=20
first information reports, the basic document required to register a=20
crime, are flawed because the police department of the state is an=20
associate in this crime. Under such circumstances, how can one ensure=20
a fair and independent investigation? Is it possible for the NHRC to=20
get together a Special Investigation Team under the Protection of=20
Human Rights Act, to investigate and file a charge sheet on the cases=20
in Gujarat?

The Muslims of Gujarat do not need compassion and pity. They need=20
justice in all its facets as mentioned in the Preamble of the=20
Constitution. It is their right. They don't need charity or doles.=20
What they need is political justice and to achieve this, prosecuting=20
the criminals is imperative. That alone will ensure their dignity and=20
restore their faith in the system; that alone can assure them that=20
their individual and collective rights as a minority are protected. A=20
formal compliance with the law or a routine engagement in the courts=20
will not bring justice alive. One of the Articles in the Constitution=20
states that justice - political, social and economic - shall inform=20
all the institutions of the State. Our campaign for a secular=20
democracy should commence from this Article.

[K.G. Kannabiran is an eminent human rights lawyer. President of the People=
=92s
Union for Civil Liberties, he was part of the Concerned Citizens=92 Tribuna=
l
investigating the recent sectarian violence in Gujarat. He lives in
Hyderabad]

____

#3.

http://www.hindu.com/thehindu/mag/stories/2002090100320100.htm

The Hindu
Sunday, Sep 01, 2002
Magazine

Gujarat: a citizen's perspective

She didn't know what to expect when she went to Ahmedabad a few=20
months after the violence in Gujarat, but in the end, SHYMALA [*]=20
came to a premise that the unprecedented levels of bestiality and=20
violence unleashed were only because criminal acts have gone=20
unpunished over the years by various political parties that have=20
wielded power. An account of her experiences and a reconstruction of=20
some of the events from discussions with the victims.

The dargah...refuge within its walls.

I DIDN'T know what to expect when I went to Ahmedabad more than three=20
months after the violence started. Entering Vatwa, an industrial=20
township south of the main city, I noticed that the blue sky was=20
dotted with trishuls (tridents): nearly all the factory chimneys had=20
trishuls stuck on them. There had never been an instance of=20
large-scale communal violence in Vatwa, which bears a Rabari name,=20
the Rabaris being cowherdsmen of the area. A prominent landmark is=20
the tomb of Hazrat Qutub-e-Alam Burhanuddin who died in the 15th=20
Century. The Rabaris, although Hindu, have faith in the healing=20
powers of the saint of this Dargah. Often, when their cows have=20
fallen sick they have come to seek the blessings of the "baba". In=20
the Nawapura area behind the Dargah, both Hindus and Muslims have=20
lived together for as long as anybody can remember, without ever=20
having had a major face-off. A Jain community also lives around this=20
area, and a little Jain temple is built on land once owned by the=20
Muslim community. A wall separates the two communities, but the gate=20
was always open, until recent events.

Several testimonies and reports are available on the violence that=20
took place this year in Gujarat. What follows is a brief account of=20
my experiences and a reconstruction of some events from discussions=20
with the victims.

The attacks on the Muslims in Vatwa began at 12:55 p.m. on February=20
28. Because they happened in the daytime and warnings came in from=20
other parts of the town where the violence was already under way, the=20
residents of this locality had time to flee. They hid in nearby=20
localities or fields for up to three days before they wandered into=20
camps. Thousands of people came from all sides armed with implements=20
of destruction. On average, there were about 200 people to plunder=20
and loot a house. About 300 houses in the Nawapura area behind the=20
Dargah were burnt down. In several instances of rioting, the police,=20
as well as local political leaders, were in connivance and have been=20
identified as leading the mob. Police have, without warning, fired at=20
innocent people, even entering their houses and wounding or killing=20
them. It also appears that each "mob" consisted of three parts -=20
cadres of trained killers of political parties such as the Bajrang=20
Dal, the Rashtriya Swayamsevak Sangh (RSS) and the Vishwa Hindu=20
Parishad (VHP), people who had been brought in from outside to loot=20
and burn, and people belonging to the local community.

In Vatwa, the local Waghari community was involved in attacking its=20
Muslim neighbours. Evidence exists of the indoctrination of hate,=20
coercion, cold cash as well as an assurance that marauders and=20
arsonists could keep the loot and would face no consequence. The=20
people noticed that the Wagharis who usually bought daily provisions=20
from the local shop for around Rs. 10 were buying oil and foodgrains=20
for Rs. 100 the day before the riots. These people were paid about=20
Rs. 500 to join in the attacks on the Muslims. Hindus who refused to=20
comply were threatened. This was, categorically, a premeditated=20
attack and not a spontaneous ignition of mob fury that the State=20
could not control.

A family whose house was burnt down during the riots.

The Dargah now doubles as a camp for the riot-hit in the Vatwa area.=20
It provided shelter to the thousands who had suddenly become homeless=20
and were being hunted in the country of their citizenship. It has a=20
shifting population: as other camps close down people migrate in, and=20
people leave when they can. At one point it had about 3,000 people,=20
including 300 children, all living in the blistering heat and dust=20
for over four months, under a tattered white sheet tied to the top of=20
bamboo poles. Gunnysack has been spread on the mud below, and this=20
too is frayed and torn. Sanitation is non-existent, water supply=20
erratic.

Most people in the camp are daily wage earners; working as=20
contractors, vendors, labourers, artisans or rickshaw drivers. The=20
men have been jobless for months and sit alone or in groups not=20
knowing what to do next. They wait for handouts from UNICEF, the Red=20
Cross, etc. - clothes, hygiene kits, livelihood kits and so forth. To=20
see men and women jostle and run to line up for them as soon as they=20
hear that something is going to be distributed makes you realise what=20
it means to be so utterly dependent on the charity of others.=20
Whatever is being done in terms of rehabilitation seems to be too=20
little and too late. Further, the Muslims face an economic boycott.=20
Many are not being hired back on jobs after the riots and=20
autorickshaw drivers tell of being discriminated against. This=20
boycott hampers whatever rehabilitation efforts are being made and it=20
appeared to me that the Government was just not interested in=20
rehabilitating these people. Perhaps the Government has a genuine=20
concern that it would lose the coming elections if it was seen as=20
being sympathetic to the Muslims.

SEVERAL articles of analysis have been written about the genesis of=20
communal violence - why it was "likely to happen in Gujarat," how=20
Gujarat is a "laboratory for the proponents of the Hindu Rashtra" and=20
why the "Dalits and Adivasis participated in violence" - that I do=20
feel chary of adding to the din. Yet what prompts me to write is the=20
hurt and anguish of the people, the children who have been affected=20
by the violence, some of whose names and faces I now know. Nothing of=20
what I have to say is in the least bit "original", but I have come to=20
realise that few things really are.

Why are so many people ready to hate and destroy and fall prey to=20
propaganda? A systematic feeding of misinformation and rumours=20
against a community can lead to a dehumanising stereotype of that=20
community and a feeling of otherness, and this in turn can contribute=20
to a large-scale participation of men and women in violence. Prey on=20
people's sense of fear and insecurity, promise them wealth and power=20
and I suppose you can get them to do terrible things. True enough.=20
But what about those who did not take part in these excesses? Among=20
them exist people who might harbour prejudices against another=20
community, and yet would think it wrong to brutalise the other. There=20
are many who are of the "I don't particularly like you, but I am=20
willing to live and let live" variety. There are still others who=20
might kill the man who raped their daughter, but who simply would not=20
say: "A man with a beard raped the daughter of someone in my=20
community whom I don't really know personally, so I am going to go=20
and kill all daughters and mothers of men who have beards."

Keeping themselves occupied...Making agarbathis

It is the extent of individual responsibility and the ability to rise=20
above one's internal and external environment versus the inability of=20
the individual to withstand the indoctrination by the social=20
environment in which he lives that I wish to understand. There are=20
reasons that compel me to do so.

First, while in Gujarat, I met many individuals who remain anonymous,=20
who were so distressed by what had happened that they worked=20
tirelessly round the clock to help provide succour. Some worked to=20
provide rain shelters for the men, women and children rendered=20
homeless, some helped families file claims to get the compensation=20
promised to them by the Government. Others tried to bring some=20
structure, some hope into the lives of the children in the camps.=20
They set up makeshift schools and playgroups for children too scared=20
to go back to school. Second, there are those people of Ahmedabad who=20
felt that targeting a particular community was wrong, and who did not=20
participate in the rioting in any manner whatsoever. Among these are=20
people who tried to help in their own capacity, big or small, whether=20
brave or not so brave. There are also those whom I meet in my=20
everyday life, both Hindus and Muslims, the poor and the rich, low=20
caste and high caste, who would not think of taking something that=20
does not belong to them and would not harm someone because they have=20
been threatened by an influential political goon with fascist=20
leanings that their very existence would be threatened if they didn't=20
get rid of the "other". They simply will not be bought.

Haven't these people been exposed to the propaganda of the Sangh=20
Parivar? Haven't some of them lived in Gujarat for several years? Do=20
they not have the same government - the government "they deserve?" Oh=20
sure, we can quibble about the numbers and the statistics of what=20
categories and classifications such people belong to, but I think we=20
do these citizens a tremendous injustice if we don't acknowledge that=20
they too have a choice, and choose to live within the norms and laws=20
that govern civil society. In times like this, we would do well to=20
show our appreciation and thank them, and tell them, "You count and=20
you are an asset to civil society" for the choices they have made,=20
especially to those who get few other rewards and recognitions in=20
life.

Uncertain future...Feroz and his mother Mumtaz Ibrahim.

One way to show that we, as a society, consider individual choices=20
important is to hold accountable those individuals who did=20
participate in criminal acts, instead of focussing soley on the=20
fascist propaganda, as if these people were laboratory rats with no=20
moral compass who had no choice. Not to hold the individuals=20
accountable for their criminal conduct is very disheartening to those=20
who had the courage to stand up and make a different choice. Not=20
every one who read the incendiary headlines in the Gujarati dailies=20
felt that it was justified to burn and loot and destroy a whole lot=20
of Muslim families.

THE people who participated in the hate campaigns and violence should=20
be considered maladjusted, if we hold the norms enshrined in our=20
Constitution as important to the functioning of civil society. I=20
believe that those who went on the rampage were essentially=20
deceitful, avaricious, and prone to anger, hate, and violence. Do we=20
really think that the fathers, mothers, sons, daughters, husbands,=20
wives and friends who participated in the looting, burning, raping or=20
killing are citizens in whom the protection of democratic values such=20
as Liberty, Equality and Fraternity could be entrusted - that is if=20
only they had not fallen under the influence of fascist propaganda?=20
Is it not possible that fascist propaganda only gives such people an=20
alibi to break the law? What does one do, if one believes in=20
democratic values, and, further, if one believes that such people=20
cannot be counted on to protect these values? What do we do about the=20
individuals - from the smug, grinning faces heading the recent Rath=20
Yatra, faces devoid of any sentiment which could be construed the=20
least bit religious or aesthetic (indeed a strange way to express=20
one's sensitivity to the ground reality); the young fellows who were=20
photographed flexing their muscles during the same Rath Yatra to the=20
individuals wielding lathis and trishuls with saffron scarves around=20
their heads. Remember that these are all individuals with names who=20
have choices to make, and they are making them.

A LONG-TERM goal of civil society, if it is to survive, would be to=20
have a healthy ratio of people who respect the rights of others to=20
those who don't. How does one do that? I am not sure, but one has to=20
start somewhere. One way might be through an education that=20
encourages critical thinking and a social structure that encourages=20
cooperative behaviour. Such a structure would foster pluralism and=20
acknowledge diversity as the fabric of a human and humane society. An=20
education that emphasises critical thinking would produce individuals=20
who are more likely to question authority, instead of simply=20
accepting what has been told to them. They would have a healthy=20
scepticism for all that they read or hear. It would encourage=20
measured dissent and creative thought. It would teach our future=20
citizens to be observant, to be objective in their observations or at=20
the very least be aware of their subjectiveness. It would teach them=20
not to be rigid in their thinking, and, most importantly, not to be=20
afraid of change. The teaching of these basic skills is essential, if=20
we are to build a truly democratic, civil society. As we grow to=20
become functioning members of society, these become life skills that=20
should come to us as easy as breathing or eating.

Bharat Sing Uday Singh, 70...has lived through four riots, but=20
believes the one this time to be the worst.

These are not new ideas. In fact, these are important aspects of=20
scientific methodology, and in fact several well-thought out science=20
teaching programmes that have been around have laid emphasis on such=20
teaching. However, greater emphasis needs to be given to these=20
aspects of education, and on a larger scale. We must combine the=20
teaching of the facts about the physical world we live in, about its=20
rivers and mountains, about the civilisation and modes of governance=20
that have existed, about the arts and music and books that are a part=20
of our cultural heritage, about the molecules that make up our=20
bodies, the physical and chemical properties which drive us with a=20
strong, rational logical mind. It may not be perfect and it does not=20
guarantee that such a person would be less avaricious and hateful,=20
but such an education may act as a vaccine in uncertain times when=20
insecurities are being exploited and emotions need to be kept in=20
check by a mind that remains unclouded.

For example, arming citizens with a faculty for logical thought would=20
help them understand the nature of stereotypes. We all hold=20
stereotypes, and they are essential to our survival. As we become=20
adults, one of the ways in we build a picture of the world in which=20
we live is to stereotype and categorise our observations and=20
experiences, and we do so with ever increasing complexity. However,=20
we must realise that a stereotype which is too general, or based on=20
an erroneous attribute can cause us to misjudge a situation. We must=20
also learn to with that which cannot be categorised, and that on=20
which judgment must be reserved until further evidence is forthcoming.

An argument is now being constructed that all those advocating=20
tolerance and goodwill between communities have no respect for=20
religion - especially the Hindu religion - and for the spiritual=20
content of Indian culture. Some of them have been accused of=20
"pseudo-secularism". Let us grant for the moment that individual=20
choices and actions do reflect the moral bearing of a person, and=20
that issues of morality can only be dealt with by spiritual, or deep=20
self-enquiry. Even so, any serious enquiry into the nature of the=20
individual self and its relationship with the outside world can only=20
be helped by a mind which is sharpened by rational thought and=20
cognisant of the freedom to change. How can one be discerning if one=20
does not know how to think?

So much for how we might reduce the number of individuals who have no=20
regard for common societal aspirations or human life, and who can be=20
paid to burn a Muslim or Muslim house down without giving any thought=20
to the consequences of their actions. What do we do with the people=20
who have made those choices, and who now roam the streets and the=20
corridors of power? We have laws and a Constitution because we=20
believe that we all have to play by the rules that have been laid=20
down for the common good, with the clear understanding that those who=20
don't play by the rules will be dealt with according to the laws of=20
that society. In an ideal condition, this is done to provide an=20
optimum environment for all citizens to fulfil their potential in=20
freedom and thus experience happiness. When we have a breakdown in=20
law and order, then those who are responsible have to be dealt with=20
accordingly, whether we believe that they need to be incarcerated or=20
given psychiatric counselling.

The camp within the dargah.
So, in the short term everyone who broke the law, in whatever manner,=20
must be dealt with and punished according to the severity of their=20
crime.

Criminal behaviour is deterred when there is a terrible risk=20
associated with it. This level of bestiality and violence has=20
resulted only because criminal acts have gone unpunished over the=20
years by the different political parties that have wielded power.=20
Each time that happens it is going to get more brazen, more evil.

Why is it important that we debate these issues? Why should we bother=20
to sit across the table and talk? And why do I want a society where=20
individual rights and diversity of views are enshrined? Because I do=20
not wish for my children to live in an uncertain, bigoted environment=20
where they may come to harm.

I do not wish for them to be harmed by someone who believes that by=20
doing so he is avenging the death of a Muslim who was killed in a=20
fake encounter by a Hindu who thought he was finding a quick solution=20
to diffuse the tension caused by a Muslim who killed a Kashmiri=20
Pandit because he believed he did not have the interests of the=20
minority in mind who killed a ... .May be there are degrees of evil,=20
and degrees of good, and may be we should start raising the bar for=20
what degree of idiocy we are willing to tolerate.

* The writer teaches and does research. She visited the Vatwa Camp=20
in Ahmedabad in June this year.

_____

#4.

The Statesman
31 Aug 2002

Gujarat BJP stirs hate cauldron
Statesman News Service
GANDHINAGAR, Aug. 30. - Religious sentiments are in full play in the=20
BJP's run-up to the Gujarat polls. From exhibiting photographs and=20
models of kar sevaks on a burning train (implying coach S-6 of=20
Sabarmati Exp.) to protecting cattle (read ban on cow slaughter); the=20
BJP's campaign has all the ingredients of raising communal frenzy.
Banners depicting the burning Sabarmati Express appeared in Ahmedabad=20
yesterday, accompanied by questions such as "maaru kaun? (who is=20
ours?)". This follows a campaign by the Gujarat Gaurav Samiti asking=20
the same question, while pointing out that minorities have many=20
institutions to look after them. These banners flaunt the BJP symbol,=20
but the advertisements do not proclaim the name of any party while=20
condemning Opposition leaders, the EC and NHRC for backing minorities.
In Rajkot, a float depicting Sabarmati Exp. was paraded and set on=20
fire for the Janmashtami procession, in a throwback to Godhra.
Earlier on Wednesday, Mr Modi attended a ceremony to "fill up" the=20
dry bed of the Sabarmati in Ahmedabad with the water of the Narmada,=20
to chants of "Narmada Sarvade".
What was lost in the midst of all the propaganda was the fact that=20
the Sardar Sarovar Project (SSP) envisages transfer of water from the=20
Narmada to dry riverbeds along the main canal route when there is an=20
overflow at the dam site. The main and subsidiary canal systems are=20
not yet complete, and water from the dam site thus cannot reach its=20
destination.
With the dam overflowing, the Narmada water found its way to the dry=20
bed of the Sabarmati. And the powers that be chose this to play on=20
the sentiments of the people.
Mr Modi even declared that this flow of water would continue=20
throughout the year. This has been discounted by SSP engineers. At=20
present, the dam height is 98m. Power generation is to begin when it=20
reaches 110 metres. But for now, the overflow at the dam site is=20
being utilised by those in power.

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