Wednesday, September 17, 2008

Acquittal of three persons disappoints Dalits

Acquittal of three persons disappoints Dalits:


Bhaiyyalal Bhotmange

BHANDARA(Maharashtra): Bhaiyyalal Bhotmange reacted with shock and disappointment on Monday to the acquittal of three persons in the case of the murder of his family at Khairlanji nearly two years ago.

He lost his wife, Surekha, teenaged daughter Priyanka and two sons, one of whom was partially blind.

Bhaiyyalal was hounded by the media after the ad hoc sessions court announced the verdict, convicting eight persons. But Bhaiyyalal, escorted by Congress MLA Nitin Raut and several politicians, was barely allowed to speak.

“The three persons acquitted are not innocent. They are guilty and they should be punished,” said a dazed Bhaiyyalal. He also regretted that there was no conviction under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. Though rape charges were not framed against the accused, Bhaiyyalal suspected sexual assault. It came as a shock to him that the accused were not even convicted under Section 354 (assault or criminal force with intent to outrage a woman’s modesty) of the Indian Penal Code.

Bhaiyyaolal said the CBI, which investigated the case, discharged 35 people. They should be rearrested and tried, he said.

Relatives of Surekha are equally disappointed. Rajendra Gajbhiye, who claims he was a witness to the incident, alleged the three who were acquitted were, in fact, the main accused, but they had connections with the ruling parties. Gajbhiye was not included by the CBI as a witness.

Surekha’s brothers and sister wept on hearing the verdict. Her eldest brother Madan Khobragade could not control his tears. He said all his hopes for justice were dashed. “I feel they will be let off in due course. How can this happen all the time? “I wanted all of them to hang.”

Yagnapal Khobragade, another brother, said he expected this to happen. “I am totally dejected at the verdict.”

Surekha’s elder sister Sudan Raul felt that the verdict would threaten her family’s security. “I am so upset. Why did they acquit three people,” she cried. She lives at Deulgaon, very near Khairlanji. This is where Surekha and her children were cremated.

Though Bhaiyyalal is not in touch with Surekha’s family, they feel strongly about his plight. “How can the government do this to us? We want justice from this court,” said Sudan.

There is widespread disappointment at the court not considering that caste differences were a reason for the crime.

Surajbhan Chauhan, BSP district head, said the party would wait for the sentence next week before deciding on a course of action.

JUSTICE FOR DALITS STILL A ? MARK IN INDIA

No evidence for conviction under Atrocities Act: judge Meena Menon
“Khairlanji was a case of murder spurred by revenge for an earlier case of assault involving the police patil of a nearby village”

BHANDARA: Ad hoc sessions judge S.S. Das on Monday held eight men guilty of murdering four members of the Bhotmange family in Khairlanji village two years ago but found no evidence to convict them under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Three persons were acquitted of all charges.

In a verdict that disappointed Bhaiyyalal Bhotmange, the survivor of that brutal attack on September 29, 2006, the judge also did not convict any of the 11 accused of charges under Section 354 of the Indian Penal Code (IPC) which refers to assault or criminal force with intent to outrage the modesty of a woman. He said what happened in Khairlanji was a case of murder spurred by revenge for an earlier case of assault involving the police patil of a nearby village, Siddharth Gajbhiye. Gajbhiye who was related to the Bhotmanges was a frequent visitor to their house, a fact resented by other people.

Surekha, Bhaiyyalal’s wife and daughter Priyanka testified in a case of attack by villagers of Khairlanji on Gajbhiye mid-September. The villagers were arrested and released on September 29, 2006 and they sought revenge by attacking and killing the Bhotmange family. Gopal Binjewar, Sakru Binjewar, Shatrughna Dhande, Vishwanath Dhande, Ramu Dhande, Jagdish Mandlekar, Prabhakar Mandlekar and Shishupal Dhande have been convicted of murder (Section 302 of the IPC), rioting, armed with deadly weapons (Section 148 IPC), Section 149 of the IPC which refers to every member of an unlawful assembly guilty of offence committed in prosecution of a common object, and Section 201 of the IPC for destroying evidence or giving false evidence to protect offenders. Regarding charges under Section 354 of the IPC, the court held that the prosecution was not able to establish whether the two women were stripped of their clothes before or after the assault.

On the two charges under the Atrocities Act, the judge said that Bhaiyyalal’s statement in court and his first information report (FIR) did not mention any caste-related abuse. Eyewitnesses Mukesh Pusam and Suresh Khandate said that they did hear people shouting abuses at both Surekha and Priyanka, but the judge did not consider that as proof.

The judge has set September 20 as the date for arguments on sentencing. The sentence is likely to be pronounced a few days later. Special Public Prosecutor Ujjwal Nikam said that he received the verdict with mixed reactions. “I am happy that most of the accused are held guilty but at the same time, three are acquitted. The court did not accept our main charge that it was a criminal conspiracy and the entire episode was a result of a caste war,” Mr. Nikam told the press.

The prosecution is pressing for the maximum penalty. The court relied on the evidence of the eyewitnesses and the two extra judicial testimonies. The judge accepted the evidence of Mukesh Pusam as well as another witness Premlal who saw one of the accused dragging the bodies to the bullock cart. They were later dumped in the Pench canal and only found over the next few days.

Neeraj Khandewale, the advocate for the defence said the court has ruled out any caste-based atrocity and the three accused who have been acquitted, Mahipal Dhande, Dharampal Dhande and Purshottam Tittirmare, did not figure in the testimonies of any witness. The prosecution could not really establish a case under the Atrocities Act, he pointed out.

The court discounted the delay in filing the FIR which was over one and a half months late. However, it has issued a show case to Mahadeo Zhanzhad, one of the prosecution witnesses who turned hostile and will initiate proceedings against him for perjury.

The case, in which four members of the Bhotmange family were bludgeoned to death by a mob, led to widespread protests due to the shoddy investigation and suppression of evidence. The bodies of the two women were exhumed after Bhaiyyalal made a demand as he suspected rape. However, there was no forensic evidence to that effect and the CBI did not include rape as one of the charges.

The case was handed over to the CBI for investigation and the charge sheet was filed in December 2006.

While 35 accused were discharged, 11 were charged with crimes under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act as well as murder, criminal conspiracy, destroying evidence and unlawful assembly. The prosecution examined 36 out of the 70 witnesses listed.

Despite several demands, the government did not appoint a fast track court. The trial began in May 2007.

The two sections of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities ) Act under which no evidence was produced according to the court are : 3 (1) (10) whosoever intentionally insults or intimidates with intent to humiliate a member of a Scheduled Caste or a Scheduled Tribe in any place within public view; and 3 (2) (v) whosoever commits any offence under the Indian Penal Code (45 of 1860) punishable with imprisonment for a term of 10 years or more against a person or property on the ground that such person is a member of a Scheduled Caste or a Scheduled Tribe or such property belongs to such member, shall be punishable with imprisonment for life and with fine.

Sunday, September 14, 2008

Keezhavenmani revisited

Printer Friendly Page Send this Article to a Friend Keezhavenmani revisited

S. VISWANATHAN

The Keezhavenmani massacre of December 25, 1968, by landlords and their henchmen, which was all but ignored by the mainstream press, is poignantly brought to life in a documentary film.


TIME, they say, is the best healer. But certain wounds, especially those that remain in the collective memory of a society, defy the saying. This was quite in evidence at a function held in Chennai on December 18 to mark the release of a documentary film, perhaps the first ever, on the massacre of 44 people, mostly women and children belonging to families of Dalit agricultural workers, nearly 40 years ago at Keezhavenmani village, 25 km from Nagappatttinam in Tamil Nadu.

The film, Ramiahvin Kudisai (The Hut of Ramiah), narrates how they were burnt alive in a hut where they had taken refuge. The story is told by some of the survivors, who break down, unable to contain their grief and anger, even after such a long time. It is a detailed account of the violence perpetrated by landlords intolerant of the growing strength of the agricultural workers' movement in the region. Most of the invitees, who watched in silence the one-hour film produced by The Roots and directed by Bharathi Krishnakumar, were seen wiping their tears at the end of the screening.

Keezhavenmani has gone into the history of the country's agrarian movement not only as an example of the supreme sacrifice of the toiling masses in their struggle for liberation from economic exploitation and social oppression, but also as a frightening reminder of the ruthless ways in which their oppressors try to protect vested interests. Thousands of people, including activists of the Left and Dalit parties, gather at the village on December 25 every year, the day on which the tragedy took place in 1968, to pay their respects at the martyrs' memorial.

Strangely, however, the coverage of the incident in the mainstream newspapers was inadequate. The reports were even misleading in certain respects. For instance, many newspapers described the incident as a clash between two sections of kisans, or between two groups of agricultural workers, all for a wage hike of just half a measure of rice. The incident was apparently seen in isolation of the developments during the preceding months. The larger socio-economic aspects of it were by and large ignored. The documentary fills the gap to a great extent. It answers many questions, such as why and how the massacre happened and what roles the police, the State government and political parties played.

The documentary brings to light many a hidden fact through the personal accounts of some of the accused in the case relating to the arson, their close relatives, and a retired police official. The documentary, with the help of a lot of meticulously collected background material, presents the incident as part of the decades-long struggle by under-paid and under-fed agricultural workers for a better living. In this perspective, any study of the Keezhavenmani massacre has to be made in the light of the agrarian movement in the rice-rich undivided Thanjavur district during the preceding three decades.

THANJAVUR district, prior to its division, accounted for nearly 30 per cent of the State's paddy production, thanks to its rich irrigation facilities. Thousands of acres of land were in the possession of temples, Hindu religious mutts and zamindars, a class of people created by the British to collect land revenues for the government. Thirty per cent of the cultivable land was in the possession of 5 per cent of the landholders. Fifty-five per cent of the temple and mutt lands were under the control of the cultivating tenants. There were also small and marginal farmers. The district had a large presence of agricultural workers, most of them Dalits who were treated as slaves (pannai adimaigal). Dalits were therefore oppressed both socially and economically. They suffered the worst forms of untouchability, being denied access to public wells, rivers, streets and temples.

It was under these circumstances that the communist movement struck root in the district. With agricultural workers being mostly Dalits and a significant number of marginal and small landholders being from the socially backward castes, the communists had to integrate the fight against economic oppression and social oppression with the cooperation of both these sections. Under the guidance of leaders such as A.K. Gopalan, B. Srinivasa Rao and Manali C. Kandasami, the communists first organised the cultivating tenants, who were at the mercy of zamindars, temples and mutts, and then agricultural workers. Long struggles by them for protection from eviction led to the abolition of the zamindari system with the adoption of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948; the Tanjore Pannaiyal Protection Act, 1952 (later repealed) and the Tamil Nadu Tenants Protection Act, 1955.

The Tamil Nadu Cultivating Tenants (Payment of Fair Rent) Act, 1956, was meant to ensure that the tenants paid a fair rent. With the abolition of the zamindari system, a new class of marginal farmers emerged, besides the small farmers. Similarly, the mechanisation of agriculture that came with large allotment of funds for agriculture in the First Five-Year Plan brought in the daily-wage earners. In the 1950s a Minimum Wages Act fixing wages for farm workers came into being. The communist agricultural workers' unions demanded agreements on payment of wages for both cultivation and harvest periods. In the 1960s, thanks to developments such as border wars, steep fall in food production and certain actions of the Union government, such as, devaluation of the Indian rupee in 1966, there was a spurt in prices of agricultural commodities giving fillip to demands for higher wages in several places. A separate organisation for championing the cause of agricultural workers were later formed.

The peasant movement in the State also agitated for reducing the concentration of land in the hands of a few by fixing a ceiling on holdings and for redistributing the surplus land among the landless agricultural workers. The Tamil Nadu Land Reforms (Fixation of Ceiling) Act, 1961, came into being. It is another matter that the Act, riddled with loopholes, ensured that not much land was declared as surplus.

Before achieving these, however, the tenants, small and marginal landholders and agricultural workers had to confront the money power and political influence of the landowners at several levels. The confrontation often led to violence and loss of lives. The police were invariably on the side of the landowners. Many people, including some frontline leaders, were killed in police firings. Interestingly, in the early years of the agitations for increased wages, agricultural workers and agriculturists signed wage accords in the presence of the police. The workers intensified their struggles when landholders refused to pay the wages agreed upon and threatened to replace them with workers from other places.

The Paddy Producers Association, a militant organisation of landholders, emerged. The association not only refused to pay higher wages but also threatened landholders intent on implementing the wage accord with dire consequences. In 1966, the union organised rallies and a strike in the district demanding appointment of a tripartite committee. But the Congress government in the State refused to yield. Next year, the Dravida Munnetra Kazhagam (DMK) came to power in alliance with the Communist Party of India (Marxist). The union renewed the plea for a tripartite committee to settle the wage issue, but the DMK government also was in no mood to accept it. However, following the death in police firing of a union worker who was trying to protect the union flag from attack allegedly by the men of landlords at Poonthazhangudi village on October 6, 1967, the State government convened a tripartite conference at Mannargudi, which fixed the wages for the short-term crop. It was valid only for a year. Meanwhile, the Nagappattinam taluk unit of the Paddy Producers Association came under the control of Irinjur Gopalakrishna Naidu, a landlord, who formed a brigade of volunteers allegedly to oppress the workers through intimidation, undertake harvest operations, and let loose terror.

THIS was the situation when the Keezhavenmani carnage happened. The major issue was the refusal of landlords to yield to the agricultural workers' demand for higher wages since the earlier agreement had lapsed. The workers demanded six litres of paddy for every 48 litres harvested, but the Paddy Producers Association did not agree. Wherever workers insisted on the higher wage, the association arranged for carrying out harvest operations with "outside" labour in violation of the understanding between the disputants under earlier wage accords.

K.BARANIDHARAN

A glass urn containing the remains of the victims, collected a few days after the incident by freedom fighter I. Maayandi Bharathi. The urn is now kept at the memorial for the victims at Keezhavenmani.

Wherever the landlord offered to pay higher wages, the Producers Association protested and warned of counter action. The association allegedly threatened the agricultural workers in Keezhavenmani around December 10 that their huts would be torched. Leaders of agricultural workers said that the taluk secretary of the CPI(M) and party legislator K.R. Gnanasambandan had written to the State Chief Secretary about the threat and asked for protection to them. (But a communication from the Chief Secretary, however, reportedly stated that the legislator's letter had reached him only in January.) Both the letters were of no avail.

The apprehensions of the labour leaders were proved right on December 25. The Hindu's lead story on December 27, 1968, reported that 42 persons, mostly Harijans (as Dalits were called then), were burnt alive on the night of December 25, and that the gruesome incident followed a clash between two groups of kisans. It said: "Twenty-five huts in all were burnt to ashes. The victims are said to have taken refuge in a hut, which was among those destroyed." The report gives the information that the landowners refused to concede the demand of "Marxist kisans" that they be paid a harvest wage of six litres of paddy and went ahead with harvesting that day engaging labour from a neighbouring village. When these "outside" workers were returning after work in the evening, the report said, "a group of about 200 persons attacked them, armed with deadly weapons". In the clash that followed, Pakkirisami Pillai, a farm worker, sustained stab injuries, which proved fatal. The "outside" workers ran away and the attacking mob chased them. According to the report, around 10 p.m., another group of about 200 persons were said to have marched to Keezhavenmani, where a clash followed. Gunshots were also heard during this clash. Twenty-five houses were set on fire. The inmates of huts ran out and were said to have taken refuge in a single hut, which was among those burnt down, the report said. Nineteen persons injured in both the clashes were hospitalised. The report said that Gopalakrishna Naidu was among those taken into custody. The report refers briefly to the kisan trouble in East Thanjavur district for two months.

Although a police station was within 5 km from the village, the police came to the spot hours after the incidents. Senior police officials reportedly came only the next morning. Despite prohibitory orders, hundreds of people visited the village.

Chief Minister C.N. Annadurai observed: "The incident is so savage and gruesome that words fail me to express my agony and anguish" and deputed two Ministers, M. Karunanidhi and S. Madhavan, to visit the village and report to him. The eighth congress of the CPI(M), then being held in Kochi, expressed its shock over "the inhuman act of vandalism of the landlords' goondas" and directed P. Ramamurti, member of the party's Polit Bureau and Member of Parliament, K.R. Gnanasambandam, member of the Tamil Nadu Assembly, to rush to the village. Ramamurti visited the village and later held discussions with the Chief Minister.

Two days later, Annadurai announced that a one-man commission, headed by Justice Ganapathia Pillai, would inquire "into the problems of agricultural labour, the relationship between the labourer and the landlord, and connected issues in East Thanjavur". Another immediate action taken by the government was to bifurcate the Thanjavur police district and appoint Walter Devaram Superintendent of Police for East Thanjavur with Nagapattinam as headquarters.

Protest meetings and demonstrations by workers of the Left parties were held all over the State. Leaders condemned the massacre and the police administration's failure to protect the lives of the poor Dalit agricultural workers.

B.T. Ranadive, CPI(M) Polit Bureau member, wrote in a long article on the tragedy in the party's official organ People's Democracy, in its January 12, 1969 issue: "It must be stated that had the DMK Ministry been alert, the wage question could have been settled long ago. But blackmailed by Congress propaganda about the breakdown of law and order, and pressurised by the landlords within its own party, the Ministry allowed things to drag on thereby encouraging the latter's offensive against the workers." He stated that the DMK Ministry could not escape the guilt of connivance at the growing crimes of the landlords. "In the last few months at least three murders of leaders of agricultural workers had taken place and neither the Ministry nor the local police had taken any action to counter this campaign of murder and terror and bring the criminals to justice," wrote Ranadive. The veteran Marxist also gave a graphic account of what he saw at Keezhavenmani when he visited the village a few days after the tragedy.

A long article by D. Pandian in the official organ of the Communist Party of India (CPI) also threw more light on the tragic incident. He wrote: "The latest mass murder of women and children is the continuation of this reign of terror of mirasdars [landlords]. All these murders took place in a taluk where special police reinforcement is sent to `protect the crops' according to the Ministry. And, yet on December 25, at about 7 p.m. this savagery was enacted with impunity." He said that the police went there only around 10 a.m. the next day only to collect the charred remains of the victims. "The mirasdars set fire to the hut and butchered the innocent victims; the police completed the `cremation'," the article said.

"From all evidence," Pandian wrote, "it is clear that it was a pre-planned, calculated murder." He also faulted the State government for its "callousness and failure to protect the kisans, poor Harijans, even after a series of murders in the area."

THE documentary, succeeds to a fairly large extent in revoking the memories of the mass murder as one of the most heinous crimes against women and children, by recreating the mood of that fateful night and restating the tales of woe of those less fortunate and deprived sections of the people by their survivors and those who stood by them in those hours of crisis in their own words. It goes further and makes some bold statements by going deeper into the issues involved.

For instance, it attempts to establish that the massacre of the innocents was an `avoidable' crime. It adduces evidence to show that had the government acted on the alerts from the kisan and labour leaders about the threats from the landlords and their henchmen, the carnage could have been averted.

A letter to the Chief Secretary from Gnanasambandam, written 15 days before the incident reportedly reached its destination late - around January 5,1969. Another appeal to the government from legislators such as N. Sankariah to convene a meeting of the Assembly to discuss the worsening situation in respect of relations between agricultural workers and a section of landlords failed to provoke any response. A warning from Ramamurti to the State government that if the activities of the Paddy Producers Association president were not checked by the police and the administration, the agricultural workers' organisation also might have to think of an army of volunteers to protect themselves as had been done by Gopalakrishna Naidu was also of no avail. In the process of revealing this, the documentary raises questions about the policy of the then DMK government in using the police while dealing with issues relating to labour and also about a possible nexus between the police and the landlords. What results is an expose of the government's inefficiency in managing crises.

Another aspect that is highlighted by Krishnakumar's short film is the unbelievable attachment of the people of that little village not only to their soil but also to the movement that grew with them in that region. Ignoring threats to their lives and casting aside offers of allurement, an affected person states in the documentary that they refused to pull down the flags and switch sides. Nor did they accept the offer to be resettled in a nearby village. The documentary also exposes the weakness of the judicial system. One of the accused in the main mass murder case confesses how he could escape punishment by claiming alibi with the help of an obliging doctor. (Although 10 of the accused, all landlords, were convicted and sentenced to 10 years' imprisonment, the High Court quashed the sentence on appeal and the Supreme Court confirmed it.)

A striking contribution of the documentary is perhaps that it highlights the point that the fight for liberation from economic exploitation and social oppression has necessarily to be an integrated one and Dalit liberation is inseparably linked to the fight against exploitation of all sorts, which many of the interviewees vouchsafed for from their own experience in East Thanjavur.


FREEDOM OF RELIGION AS GUARANTEED BY LAW

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COVER STORY

Conversion debate

V.VENKATESAN
in New Delhi

The violence in Orissa is the result of prejudice caused by a flawed understanding of the freedom of religion as guaranteed by law.

THE HINDU PHOTO LIBRARY

Rajendra Narayan Singh Deo, Ganatantra Parishad (Swatantra Party) leader, was the Chief Minister when the Orissa Freedom of Religion Act, 1967, was passed.

ORISSA was the first State in India to enact a piece of legislation restricting religious conversions. The Orissa Freedom of Religion Act, 1967, provides that no person shall “convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means”.

What were the compulsions in 1967 for Orissa to enact this law, which became a precedent and a model for several States, namely, Madhya Pradesh (1968), Arunachal Pradesh (1978), Gujarat (2003), Chhattisgarh (2003), Rajasthan (2005), Himachal Pradesh (2006), and Tamil Nadu (a law was enacted in 2002, but repealed in 2004)?

Before Independence, some princely states enacted anti-conversion laws meant to protect the local people from religious conversion against their free will. Among these were the Raigarh State Conversion Act, 1936, the Sarguja State Apostasy Act, 1942, and the Udaipur State Anti Conversion Act, 1946.

The adoption of the Constitution of India in 1950, with Article 25 guaranteeing freedom of conscience and free profession, practice and propagation of religion, these pre-Independence Acts were seen more as anachronisms and were allowed to lapse with the integration of the princely states into the Indian Union. But suspicions lingered over the activities of Christian missionaries, especially in States such as Madhya Pradesh and Orissa, which had large tribal populations.

The Government of Madhya Pradesh set up a committee to inquire into the activities of Christian missionaries in the State. The committee’s report focussed on, among other things, the inflow of money from abroad. This raised concerns about the misuse of the money in the garb of social service and charitable activities. Strangely, the report of this Madhya Pradesh committee became the basis for Orissa’s law.

Does conversion undermine faith?

The basic premise of the Orissa Act was debatable. The Act claimed: “Conversion in its very process involves an act of undermining another faith. This process becomes all the more objectionable when this is brought about by recourse to methods like force, fraud, material inducement and exploitation of one’s poverty, simplicity and ignorance.” As the Orissa Act became the model for other States, which provided more scope for abuse by the authorities than what the Orissa Act had envisaged, it deserves a close scrutiny.

The Act defines conversion as renouncing one religion and adopting another. It explains that “force” shall include a show of force or a threat of injury of any kind, including the threat of divine displeasure or social excommunication. Under the Act, “inducement” shall include the offer of any gift or gratification, either in cash or in kind, and shall also include the grant of any benefit, either pecuniary or otherwise. “Fraud” has been defined to include misrepresentation or any other fraudulent contrivance. Each of these definitions is amenable to varied interpretations, and the scope for its abuse is inherent.

Section 3 of the Act states that no person shall convert or attempt to convert, either directly or otherwise, any person from one religious faith to another by the use of force or by inducement or by any fraudulent means nor shall any person abet any such conversion. The loose language in the provision suggests that in its scope, it encompasses every act of conversion, whether forced or otherwise.

The Madhya Pradesh Act introduced an additional provision requiring that whoever converts any person, either as a religious priest or by taking part directly or indirectly in a ceremony necessary for such conversion, must send an intimation to the District Magistrate that such a conversion has taken place. Failure to do so would invite imprisonment up to one year and a fine. The Act substitutes the word “inducement” used in the Orissa Act with “allurement” but makes no difference in the scope of its abuse.

Both the Orissa and Madhya Pradesh Acts were challenged in the respective High Courts. The Orissa High Court declared the Orissa Act ultra vires of the Constitution, insofar as it infringed upon the right guaranteed by Article 25. The court also held that the State legislature had no legislative competence to enact such a law, as only Parliament could legislate on matters concerning religion under Entry 97 of the Union List under the Seventh Schedule to the Constitution. Both the States had claimed that they were competent to legislate in terms of Entry 1 of List II (State List) dealing with public order. However, the Madhya Pradesh High Court upheld the Madhya Pradesh Act.

The Supreme Court’s five-Judge Constitution Bench heard the appeals against these two verdicts in Rev. Stainislaus vs. State of Madhya Pradesh and Others (1977) and upheld these Acts. As the Supreme Court’s judgment became a sort of licence for other States to enact similar anti-conversion laws, it needs to be asked whether the judgment was correct. The court considered whether the two Acts were violative of the fundamental right guaranteed under Article 25(1) of the Constitution and whether the State legislatures were competent to enact them.

Right to propagate

K. PICHUMANI

AIADMK leader J. Jayalalithaa. Tamil Nadu enacted an anti-conversion law in 2002, when she was Chief Minister, only to repeal it in 2004.

Under Article 25(1), subject to public order, morality and health and to the other provisions of Part III of the Constitution dealing with Fundamental Rights, all persons are equally entitled to the freedom of conscience and the right freely to profess, practise and propagate religion. The court rejected the argument that the right to “propagate” one’s religion meant the right to convert a person to one’s own religion.

Relying on the dictionary meaning of the word “propagate”, the court held that what Article 25 granted was not the right to convert another person to one’s own religion, but to transmit or spread one’s religion by an exposition of its tenets. The court further held that Article 25(1) guaranteed “freedom of conscience” to every citizen, and not merely to the followers of one particular religion, and that, in turn, postulated that if a person purposely undertook the conversion of another person to his religion, as distinguished from his effort to transmit or spread the tenets of his religion, that would impinge on the “freedom of conscience” guaranteed alike to all citizens.

There are enough reasons to suggest that the court’s ruling needs reconsideration by a larger Bench. H.M. Seervai, the eminent author of Constitutional Law of India, whom the Supreme Court often cites in its many judgments as an authority in support of its conclusions, has pointed out in Volume 2 (1993) of his book that it was unfortunate that the legislative history of Article 25 was not brought to the Supreme Court’s attention in this case (page 1287). Seervai wrote:

“When the matter was debated in the Constituent Assembly, there was considerable discussion on the word ‘propagate’. In the course of the debate, T.T. Krishnamachari pointed out what is clear from the language of Article 25 itself, namely, that it was ‘perfectly open to the Hindus and the Arya Samajists to carry on their suddhi propaganda as it is open to the Christians, the Muslims, the Jains and the Buddhists and to every other religionist so long as it is subject to public order, morality and the other conditions that have to be observed in any civilized society’.

“But the speech of Mr. K.M. Munshi gave the historical background of Article 25(1) in the paragraph set out below, in which he pointed out the insertion of the word ‘propagate’ was the result of a compromise to reassure the minority communities, particularly the Indian Christian community. He said:

‘Moreover, I was a party from the very beginning to the compromise with the minorities, which ultimately led to many of these clauses being inserted in the Constitution and not because they wanted to convert people aggressively, but because the word ‘propagate’ was a fundamental part of their tenet. Even if the word were not there, I am sure, under the freedom of speech which the Constitution guarantees it will be open to any religious community to persuade other people to join their faith. So long as religion is religion, conversion by free exercise of the conscience has to be recognised. The word ‘propagate’ in this clause is nothing very much out of the way as some people think, nor is it fraught with dangerous consequences’” (emphasis added by Seervai).

Seervai was clear that Chief Justice A.N. Ray’s conclusion in the Stainislaus judgment ran counter to legislative history. He submitted that Chief Justice Ray did not ask the central question that was involved in the appeals before him, namely, whether conversion was a part of the Christian religion. This omission, he said, was indefensible because the judgment of the Orissa High Court delivered on October 24, 1972 (Yulitha Hyde vs. State), was under appeal to the Supreme Court and that judgment had squarely raised the central question whether conversion was a part of the Christian religion.

In its judgment, the Orissa High Court had held: “Counsel for the several petitioners have freely quoted from several Christian Scriptures of undoubted authority to show that propagating religion with a view to its spreading is a part of religious duty for every Christian and, therefore, must be considered as a part of the religion. Learned Govt. Advocate does not dispute this assertion of fact. We, therefore, proceed on the basis that it is the religious duty of every Christian to propagate his religion” (emphasis added by Seervai).

The High Court thus recorded its finding that Article 25(1) saw propagation of religion and conversion as a part of the Christian religion. Seervai observed that the Supreme Court, which reversed the judgment of the Orissa High Court, made no attempt to show that the question raised and decided was either irrelevant, or was wrongly decided. It is clear from Seervai’s comment that the Orissa High Court’s finding still holds the field, irrespective of what the anti-conversion statutes enacted by various States may say.

Seervai also explained the basic misconception in the judgment of Chief Justice Ray. He wrote: “Ray C.J. mistakenly believed that if A deliberately set out to convert B by propagating A’s religion, that would impinge on B’s ‘freedom of conscience’. But, as we have seen, the precise opposite is true: A’s propagation of his religion with a view to its being accepted by B gives an opportunity to B to exercise his free choice of a religion.”

Freedom of religion

Seervai was convinced that the “freedom of religion” guaranteed in Article 25(1) is not limited to the religion in which a person is born but includes any religion. Freedom of conscience, he wrote, harmonises with this, for its presence in Article 25(1) shows that our Constitution has adopted “a system which allows free choice of religion”. Therefore, freedom of conscience gives a person freedom to choose or not to choose any one of the many religions that are being propagated.

He elaborated further: “The right to propagate religion gives a meaning to freedom of choice, for choice involves not only knowledge but an act of will. A person cannot choose if he does not know what choices are open to him. To propagate religion is not to impart knowledge and to spread it more widely, but to produce intellectual and moral conviction leading to action, namely, the adoption of that religion. Successful propagation of religion would result in conversion” (italics supplied by Seervai). Seervai concluded his discussion thus: “The Supreme Court’s judgment is clearly wrong, is productive of the greatest public mischief and ought to be overruled.” The huge atmosphere of prejudice against Christians in Orissa and elsewhere is based on a myth that conversion is unconstitutional. The words of Seervai, who passed away on the Republic Day in 1996, are indeed prophetic.

‘Public order’ and anti-conversion laws

A study carried out by the South Asia Human Rights Documentation Centre (SAHRDC), New Delhi, and published in Economic and Political Weekly (January 12, 2008) has revealed that none of the anti-conversion laws enacted by the States demonstrates any credible nexus with public order, a justification for the enactment of these laws. The study points out that while the phrase “public order” is very broad, the discretion this leaves to the State legislatures is not unlimited. The State should be required to demonstrate adequately that the disturbance extends beyond mere maintenance of law and order and qualifies as a public order issue, on the basis of its scale and extent, the study has pointed out.

The Rajasthan Bill (before its enactment), for instance, merely stated that owing to alleged conversions by force, allurement and fraud, there had been “annoyance in the community”, a weakening of the “inter-religious fabric”, and “law and order problems”. The Bill, therefore, aimed to curb illegal activities and maintain harmony amongst persons of various religions – objectives which could only be termed as vague and irrelevant to the legislation. Indeed, the SAHRDC study found that the crucial distinction between public order and law and order was not reflected in the language of these pieces of legislation.

SANG PARIVARS-A THREAT TO MINORITIES AND THE DALITS IN INDIA

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COVER STORY

Parivar’s plans

VENKITESH RAMAKRISHNAN

The Sangh and its affiliates have achieved greater coordination at this point of time.

PTI

Sadhus at the VHP-sponsored Dharam Sansad held in Allahabad in February 2006.

ON December 24, 2007, when top leaders of the Sangh Parivar were celebrating the remarkable thrice-in-a-row victory of the Bharatiya Janata Party (BJP) in Gujarat under the leadership of Chief Minister Narendra Modi, its cadre attacked Dalit and tribal Christians in Kandhamal district of Orissa. The general reaction to the attacks was one of shock and disgust, but the higher echelons of the Sangh Parivar interpreted them as bearing a unique organisational message to the top leadership. Implausible as it may sound, it was felt that one of the Sangh Parivar outfits, the Vishwa Hindu Parishad (VHP), which was once described as the ideological sword arm of the Hindutva combine, was giving out a message that it was carrying out the tasks assigned to it in a larger Hindutva initiative.

“In a sense it was also a message from another Gujarati leader of the Sangh Parivar, VHP’s international general secretary Praveen Togadia, not to be carried away by the election victories scored by the other Gujarati, Narendra Modi,” commented a senior Rashtriya Swayamsewak Sangh (RSS) leader from Uttar Pradesh. Togadia had fallen out with Modi during the run-up to the 2005 local body elections in the State on account of the Chief Minister’s refusal to accommodate some of the close associates of the VHP leader in the candidates list. Since then, Togadia steadfastly kept away from the BJP campaign in Gujarat, and the two leaders even stopped communicating with each other. Moreover, dominant sections of the VHP led by Togadia often subjected former Deputy Prime Minister L.K. Advani and Modi to criticism for deviating from the core Hindutva ideological path. Togadia even maintained that these leaders had succumbed to the trappings of power and needed to make earnest attempts to overcome that.

“It was in this context that the symbolism of the December conflict in Orissa was perceived at various levels of the Sangh Parivar,” the RSS leader said. “It was as though the VHP was reminding the Sangh Parivar leadership that behind every election victory of the BJP, credited normally to the political sagacity of Atal Bihari Vajpayee or Advani or to the development initiative of Narendra Modi, there are scores of ideology-driven initiatives such as the one in Orissa,” he pointed out. The Orissa moves were led by Swami Lakshmanananda Saraswati, a veteran VHP leader, who was considered close to Togadia.

It is not known whether this interpretation of the Orissa riots was formally acknowledged by the Sangh Parivar leadership, but it is certain that there have been efforts in the past six months for a rapprochement between Togadia and Modi. The former’s comments about the Chief Minister during a visit to Ahmedabad in early August bears testimony to this. Togadia, who visited the city soon after the serial blasts, said he clearly supported the line pursued by Modi in addressing the threat of terrorism in Gujarat. When mediapersons asked him about the turnaround in their relationship, the VHP leader maintained that “fights take place between brothers and even spouses but ultimately they all belong to the same family”.

Jayanti Barot, BJP general secretary and Rajya Sabha member, supported this argument by explaining that even when Togadia and Modi had differences of opinion, they worked to achieve a common goal. “What you see as differences are actually the varied streams of a unified strategy,” she added. Barot’s opinion is corroborated by activists of other Sangh Parivar outfits such as the RSS, the BJP and the Bajrang Dal.

According to the RSS leader, it is true that the Sangh Parivar constituents, especially the BJP, went through a period of intense ideological confusion and organisational upheaval in the last months of 2004 and a good part of 2005. “But all that has been more or less rectified, and the Sangh Parivar is functioning like a good orchestra these days. The rectification process was initiated between the last months of 2005 and early 2006 through a series of organisational initiatives. There may be some hitches even now in terms of fine-tuning, but the rampant confusion is a thing of the past and there is greater coordination among the different units at this point of time,” the leader said.

The course correction measures aimed at reviving coordination and concerted action among various Sangh Parivar outfits were launched by the RSS leadership after its October 2005 national executive at Chitrakoot in Uttar Pradesh. By the time the National Council (Pratinidhi Sabha) met in February 2006 at the organisation’s headquarters in Nagpur, these efforts had advanced considerably and the leadership even outlined an action plan (Frontline, March 10, 2006). The action plan signified a qualitative shift in emphasis from internal, organisational matters, which had manifested themselves as constant wrangling within the Sangh Parivar on ideological and organisational questions, to external socio-political goals, evolving in the form of a revived pursuit of the core Hindutva agenda along with a neoliberal economic agenda and attempts to exploit the differences among secular forces.

A series of programmes that were held at that time as well as some significant political interventions by the RSS exemplified this shift. The programmes included the VHP-sponsored “Dharam Sansads” (religious parliaments of sants and mahants) held in different parts of the country, including in Orissa’s Puri district, and the Shabari Kumbh Mela organised at Dangs in Gujarat. These programmes evolved a clutch of ideas and plans to advance the ideological, organisational, political and realpolitik interests of the Sangh Parivar. Each segment had diverse strategies, all cumulatively aimed at enhancing the Sangh Parivar’s support base.

The Dharam Sansad meetings – the Puri meet was held on February 18 and 19, 2006 – passed a 13-point Hindu charter, which was described by the Sangh Parivar leadership as the “core ideological blueprint” of Hindutva initiatives in the future. The charter included oft-repeated Sangh Parivar demands such as a ban on cow slaughter, purification of the Ganga, and imposition of the common civil code, but its central piece was the decision to develop a Hindu vote bank to counter the alleged Muslim vote bank. The plan was “to develop a Hindu vote bank to pressure all political parties to protect and advance the interests of the Hindu community, cutting across barriers of caste”. In concrete terms, this meant the creation of a block of Hindutva volunteers in each booth of the country, who would support and work for the candidate who gives in to Hindutva demands.

The Shabari Kumbh Mela was professedly an event “to promote self-respect and confidence among the Vanvasis [the Sangh Parivar terminology for Adivasis] as well as to resist and revert the conversions to Christianity engineered by missionaries”. The presentations at the mela argued that organisations of Muslims and Christians were working in a planned manner to effect a demographic shift. It was in the context of this conference that many RSS leaders, including sarsanghachalak K.S. Sudarshan, exhorted the Hindu community to ignore the concept of family planning so that India did not become a “society dominated by Muslims and Christians”.

Sudarshan also exhorted leaders of Sangh Parivar outfits to evolve campaign plans highlighting this issue. These campaigns were to follow broadly the blatantly communal slogan of the VHP, pehle kasai phir isai. Roughly it means the first priority is to tackle and coerce Muslims into submission and then Christians.

Organisationally, the initiatives undertaken between October 2005 and February 2006 witnessed repeated expressions of intent to enhance the importance of organisations such as the VHP and the Bharatiya Mazdoor Sangh and cut the BJP leadership to size. It was also decided to evolve a collective leadership in the BJP in order to ensure that the party did not lose its ideological moorings but at the same time adopted such political postures that it was able to wean away regional and smaller parties from the secular fold. This go-ahead for realpolitik also reflected a clearance to the pursuit of neoliberal policies opportunistically.

NEOLIBERAL HINDUTVA



RSS cadre at the Walpur Bagoria Mela grounds, about 60 km from the district headquarters of Jhabua in Madhya Pradesh. The RSS has played a major role in the Bagoria festival in the tribal belt.

According to the Uttar Pradesh RSS leader, the evaluation of the Sangh Parivar leadership in early 2008 was that all the diverse political, organisational, ideological and realpolitik operations were going on more or less smoothly. Gujarat has shown that neoliberal Hindutva is a workable proposition. The realpolitik initiatives since February 2006 led to a significant political victory in Karnataka, too. There, the differences among secular parties were exploited well by the BJP to come to power on its own.

The Sangh Parivar leadership is also of the view that collective action has been facilitated to a great extent by the elevation of Rajnath Singh to the top leadership of the BJP and the dilution of the Advani-Vajpayee stranglehold over the political arm. Within the RSS itself, the authority exercised by sarkaryavah (general secretary) Mohan Rao Bhagwat over organisational and political matters is acclaimed to have contributed in a big way in setting things in order.

A number of Sangh Parivar activists, including veteran RSS leaders, told Frontline that the Sangh Parivar leadership had evaluated the Orissa project as one that was on course. The operations in Orissa were essentially following the Shabari Kumbh Mela’s directives and Togadia was closely involved in its execution. Here, too, a kind of neoliberal Hindutva is at work. “Gujarat was the original experimental lab of the Hindutva agenda. That has more or less stabilised as a Hindutva bastion under the able leadership of Narendra Modi, and now we are looking forward to Orissa. Though Chief Minister Naveen Patnaik belongs to a non-Sangh Parivar party – the Biju Janata Dal – he has been more than cooperative in helping us advance our agenda,” a senior RSS leader from Jharkhand told Frontline.

He added that in South India, the Sangh Parivar hoped to repeat in Kerala the big gains of Karnataka. The BJP has not been able to win even a single Assembly seat in Kerala so far. “Our students movement, the Akhil Bharatiya Vidyarthi Parishad, is making big gains on the campuses of the State and the number of people who are disgruntled with the corruption and infighting in the two mainstream parties of Kerala, the Congress and the Communist Party of India (Marxist), is increasing day by day.” But the Sangh Parivar leadership’s clear assessment is that Orissa will be the first State to follow Gujarat as a Hindutva model.

Being a minority

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Being a minority

Members of minority communities face harassment and discrimination in many States, though not raw violence as in Orissa.

SUSHIL KUMAR VERMA

An iftaar feast outside the Jama Masjid in Delhi on September 2, the first day of the month of Ramzan.

Madhya Pradesh
By Purnima S. Tripathi in Gwalior and Indore

MINORITY communities in Madhya Pradesh, both Muslim and Christian, have found themselves the target of sporadic attacks during the almost five years of Bharatiya Janata Party (BJP) rule, with the State generally turning a blind eye to their plight. The latest attacks, coming in the wake of the violence in Orissa, have been directed against Christians in Gwalior. Christians have traditionally been safe in the city though in Jhabua, Jabalpur and Bhopal the community has, off and on, come under attack.

On the morning of August 29, when Christian educational institutions all over the country observed a bandh to protest against the killings in Orissa, churches and prestigious Christian missionary schools in the heart of Gwalior – St. Paul’s, Carmel Convent, St. Teresa School, and St. Paul EL School and Church – were stoned by mobs that also damaged the gates and desecrated crosses and shouted slogans such as “Missionaries Bharat chhodo” (Missionaries leave India). The next day, newspapers carried photographs of the attacks. Yet, no arrests were made and no action was taken. Some of the miscreants were reportedly identified as members of the Vishwa Hindu Parishad (VHP) and the Bajrang Dal.

At St. Paul’s School, the mob erected a cross with bricks and wrote abuses on it, said principal Fr. Joyel Sebastian. He believed that it was lucky that the school was not functioning that day and the gates were closed. Otherwise, he said, the mob, which shouted slogans like “Burn the missionaries’ robes”, might have caused substantial damage. The attack on Carmel Convent, where the nuns locked themselves in, was equally vicious and perhaps all the more scary because the violence in Orissa had forced some Carmel Convent nuns to run into the forest for safety. Sister Superior Divya said: “They say Isayio Bharat chhodo. Where will we go? We are Indians, born and brought up here. Where can we go?”

The schools that came under attack have among their students children of the city’s creamy layer, including senior bureaucrats and politicians. The principal of St. Paul’s School, where the majority of the 3,650 students are Hindus, was dismayed by the response of their parents: “I was expecting that 150-160 parents would call me to boost my morale, but no such thing happened.”

Muslims do not seem to feel any safer in the State, either. Ibrahim Quereshi, former Chairman of the State Minority Commission, who served the commission continuously from 1994 to 2005, gave some shocking figures. Under the present government, he said, 42 Muslims had been killed in 135 major incidents in over 23 districts, 5,000 fake cases had been registered against Muslims, and 1,500 houses and commercial establishments belonging to Muslims had been burnt. In three places last year, Quereshi said, mosques were burnt and the Quran was thrown into the fire. Once again, the perpetrators went scot-free and Muslims found cases registered against them.

However, being numerically stronger than the Christians, Muslims have sometimes hit back with counter-violence, a trend that community leaders do not fully deny. Qazi Ishrat Ali, the Shahr Qazi of Indore, a communally sensitive area, admitted that the endless attacks were “poisoning the minds of young people, who have started disregarding the advice of their elders to remain calm”.

Karnataka
By Vikhar Ahmed Sayeed in Bangalore

V. SREENIVASA MURTHY

A protest vigil in Bangalore on August 29.

ON August 30, a group of around 70 people, accompanied by the police and a BJP corporator, reportedly stormed into St. Aloysius College in Mangalore and started shouting slogans against the institute and Christian missionaries. “We had closed our college the previous day in accordance with the call given by the Catholic Church in India to close all Catholic institutions expressing solidarity with the Christian community in Orissa. Now they wanted us to shut the college because they wanted it,” said Fr. Francis Serrao, Rector of the college.

This was not an isolated incident. Intimidation of Christians has grown considerably in the State over the past few months. “The relations between the Christian and Hindu communities in the State have historically been peaceful, but the second Quit India call given by the VHP in 1996 was instrumental in changing attitudes towards Christians,” said Sajan George, editor of Persecution Update, a monthly magazine documenting attacks against Christians throughout India. Reported cases of violence against Christians have been increasing over the past few years. In the few months since the BJP came to power, Sajan George said, there have been around 36 cases of attacks against Christians in Karnataka.

Muslims in the State also feel discriminated against in their day-to-day lives. A senior government official spoke to Frontline of how there was discrimination in government appointments to various board and committees. “Muslims are usually shunted off to insignificant departments where they cannot really do anything useful.” A senior police officer commented on the low representation of Muslims in the police service.

There are several neighbourhoods in Bangalore where Muslims find it difficult to buy or rent houses, which forces them to live in Muslim-majority areas. “It is very difficult for a Muslim to find a house to live in areas like Hanumanthnagar or Basvangudi,” said M.A. Siraj, a Bangalore-based journalist working for the BBC World Service. Faheemunnisa, secretary of the Tippu Education Society, a non-governmental organisation (NGO) working for the welfare of child workers, said there was a great disparity in the way development projects were implemented. Many Muslim-dominated areas, such as D.J. Halli, did not get sufficient development funds, she said. Another welfare organisation complained that the State intelligence department kept a close tab on its relief activities and questioned its employees as if they were criminals.

Muslims feel that they are the first targets of police suspicion whenever something goes wrong. In the recent low-key bomb blasts that took place in Bangalore, a young Muslim who was associated with the Students Islamic Movement of India (SIMI) several years ago was interrogated. He was let off later as there was no evidence to link him to the blasts.

Members of Christian organisations have commented on police indifference to the plight of Christians who are under attack by the majority community and, in some cases, even complicity with the perpetrators. According to a report prepared by the All India Christian Council (AICC) documenting religious violence and discrimination in Karnataka from January 2006 to August 2008, the police sometimes openly sided with members of Hindutva organisations. According to the report, in July 2008, a case was registered against a pastor in Ankoal in Karwar district after 20 men barged into his house and disrupted his Sunday worship.

In another case, 20 to 25 Bajrang Dal activists disrupted a prayer meeting at the home of Ramakrishna, a Christian, at Turuvekere in Tumkur district. Several copies of the Bible were shredded and burnt, but the local police chose to attack the Christian victims, physically and verbally. Karnataka Home Minister Dr. V.S. Acharya, however, claimed that his police were completely unbiased.

The response of Primary and Secondary Education Minister Vishweshwara Hegde Kageri to the recent peaceful protest by Christian schools and colleges has also caused a deep sense of insecurity in the Christian community in the State. The Minister directed the issue of notices to the protesting schools, asking them to explain why action should not be taken against them for keeping the institutions closed on August 29. “The response from the State has been very negative and the Education Department has threatened that it will withdraw recognition to our schools,” said the Archbishop of Bangalore, Bernard Moras.

Dr. Acharya, speaking to Frontline, said that more than 90 per cent of the schools that were part of the protest received grant-in-aid from the State government and were expected to take prior permission before shutting their schools. That is why, he said, a show-cause notice had been issued.

Rajasthan
By T.K. Rajalakshmi in Jaipur

SUBIR ROY

Educational institutions run by Christian missionaries remained closed on August 29 in protest against the violence in Orissa. Here, St. Paul’s School in Lucknow.

WHILE Orissa was still coming to terms with the communal violence in Kandhamal district, a small group of Christian organisations took out a candlelight rally in Jaipur, appealing to all to take cognisance of the mayhem. The organisations were in a way highlighting their own insecurity, especially in the light of the increasing attacks on minorities in the State over the past few years.

Around the same time, in another part of the city, Muslim organisations and leaders under the aegis of the Rajasthan Muslim Forum were huddled in a meeting to seek a way to avoid a communal clash at Jambwa Ramgarh on the outskirts of Jaipur. An alleged incident of eve-teasing on August 29 had caused tempers to flare up and some members of the minority community had their property damaged. The police booked several youngsters, all of them from the minority community. No action was taken over the circulation of incendiary pamphlets referring to the August 29 incident and exhorting Hindus to rise in protest. No organisation claimed responsibility for the pamphlets, which was signed “Samast Hindu Samaaj ” (the entire Hindu society).

Muslims in Rajasthan have found themselves at the receiving end after the May 13 bomb blasts in Jaipur. Some doctors and medical students were picked up for questioning by the Special Operations Group of the Special Investigating Team (SIT) and later let off for want of evidence. Abrar Ali, 27, a final-year MBBS student at the Sawai Man Singh Medical College, was picked up from his hostel room on August 16. He was released after the police failed to establish his links with Sajid Mansoori, who the Gujarat Police claim is one of the masterminds behind the Jaipur blasts. Over the six days that he spent in the custody of the SIT, he was grilled about Sajid’s alleged visit to his room and movements in the city a day before the blasts.

But that was not all. The vernacular media labelled him “Dr Death” and “Dr Terror” and even gave elaborate descriptions of how he used bandages to make the bombs. Abrar is now seriously contemplating writing to the Press Council of India for the defamatory statements that were made against him. A good student all through his life, Abrar is the first in his family, which lives in Kota, to have studied as far as he has. “The media hurt me a lot. I don’t know what my family is going through,” he said.

If Muslim doctors had to deal with a suspicious administration, Bengali-speaking Muslims who have lived in Jaipur for several decades found the police swooping on them in the urban slums, under orders from the Home Ministry, looking for Bangladeshis. Members of the minority community living in areas such as Jagatpura and Bagrana on the Jaipur-Agra highway had voter identity cards and ration cards. A few of them had pattas for their land as well. The drive to identify Bangladeshi migrants has been on for some time, but the process received an impetus after the May blasts. At Manoharpura Bid, a colony in Jagatpura, Hameeda, a domestic worker, was in a state of near-hysteria. Her rickshaw-puller husband, Hannan Matabar, had been sent a notice by the local police demanding documents to show that he was an Indian. Four others had received such notices.

With the help of the Centre of Indian Trade Unions (CITU) and the People’s Union for Civil Liberties, Matabar got proof of residence from the Sutia gram panchayat in North 24 Parganas, West Bengal. Even that was not enough evidence for the police. “Everyone is terrified. Where will we go? We have lived here for the last 25 years,” Hameeda said.

Tea shop vendor Mohammad Badal also got a notice from the Additional Police Commissioner informing him that there was proof that he was not an Indian. His 75-year-old mother, Razia, laughed at the suggestion: “I am a Hindustani, my husband is, but my son isn’t! How is it possible?” Originally from Cooch Behar in West Bengal, Razia is determined to fight it out.

T.K. RAJALAKSHMI

At the Manoharpura Bid colony in Jaipur, Bengali-speaking Muslims who face the threat of being branded as Bangladeshis.

Engineer Mohammad Salim is the State president of the Jamaat-e-Islami-Hind. A postgraduate from Indian Institute of Technology Kanpur, he is on the faculty of the Department of Electronics and Communications, GNIT University. His organisation has listed out 29 instances of communal violence targeting minorities during the previous Congress regime and nearly 48 instances under the present BJP-led government

The feeling of insecurity cuts across most minority groups, especially those who do not have a political voice. Christians, who constitute less than 1 per cent of the population in Rajasthan, feel insecure, too. The Kota-based Emmanuel Mission was singled out for persecution in 2006. Not only were its premises and staff attacked, its FCRA accounts were frozen, thus making it impossible for it to run its orphanage well. The mission had to cut down on all its charitable activities, including the running of schools. Its main administrators, M.A. Thomas Samuel Thomas and his son, were told by the government to take prior permission before leaving the country. The mission’s registration was also suspended. The matter is now in court.

The administrator of a mission school at Jotwara on the outskirts of Jaipur told Frontline that attendance had dropped after the school was attacked in 2006. Nearly 95 per cent of the children studying in Emmanuel Mission schools across the State are from the majority community. The administrator said that barring the Left parties and Amra Ram, the lone Communist Party of India (Marxist) legislator in the Assembly, none had stood up for the mission.

Raymond Coelho, president of the Rajasthan Christian Fellowship, told Frontline that minority community members in the villages were more insecure than those living in the cities. “There is a feeling of constant insecurity, in terms of one’s life, in the practice of one’s religion or gathering in groups for prayer,” he said.

Andhra Pradesh
By N. Rahul in Hyderabad

NAGARA GOPAL

An inter-faith prayer meeting at St. Mary's High School in Secunderabad on August 29 to express solidarity with the Christians under attack in Orissa.

AS Kandhamal burnt, a “people’s tribunal” sat in Hyderabad to hear cases of atrocities committed against minorities in the name of fighting terror. Sponsored by civil society organisations, the tribunal recorded testimonies of 40 victims of atrocities across the country, including a woman whose three sons continue to be held under provisions of the now repealed Prevention of Terrorism Act (POTA) in connection with the Godhra carnage in 2002. The jury included noted Islamic scholar Asghar Ali Engineer, retired Justices S.N. Bhargava (Rajasthan) and Sardar Ali Khan (Andhra Pradesh), and senior lawyer Prashant Bhushan.

Hyderabad was chosen as the venue for the first of a series of such tribunals in view of the high number of illegal arrests of Muslims in Andhra Pradesh. In its interim observations after the depositions, the jury said that it had found a large number of innocent young Muslims victimised by the police on the suspicion of involvement in terrorist acts. The numbers were alarming in Maharashtra, Gujarat, Madhya Pradesh, Andhra Pradesh and Rajasthan, it said. In most cases, the persons picked up were not shown as arrested for days and their families were not informed about their detention. They were tortured in police custody and often forced to confess and sign blank papers.

The testimonies showed widespread communalisation of the police across the country. The courts routinely permitted police remand and did not grant bail on the strength of police claims that the persons detained were required for further investigation. The courts did not examine whether there was any evidence against them. The media, too, publicised the allegations levelled by the police.

If Christians in Andhra Pradesh felt secure under their Christian Chief Minister Y.S. Rajasekhara Reddy, that security took a blow when a priest, Father Thomas Pandippally of Yellareddy town in Nizamabad district, was murdered on the night of August 16 on his way home from a prayer meeting in Burugidda village, 25 km from Yellareddy. His battered and bruised body was found on the roadside the next day.

Zafar Javeed, general secretary of the Federation of Andhra Pradesh Minority Educational Institutions, thought the Kandhamal and Yellareddy incidents sent out warning signals to Muslims, too. The federation represents 240 professional colleges run by Christian, Muslim, Sikh and linguistic minority groups. Javeed added that it was the harassment after every terror attack that made Muslims feel insecure. Madrassas, he said, were perceived as breeding grounds for terrorism. He insisted that the arrest of Abul Bashir, a product of a Hyderabad madrassa, in connection with the Ahmedabad blasts should not be allowed to prejudice perceptions about such institutions.

Former Minister Basheeruddin Babu Khan said that it was not just after the Kandhamal incidents that Muslims felt insecure. The police, he said, targeted Muslims every time there was a bomb blast.

Harcharan Singh Josh, Member, National Commission for Minorities, agreed that young Muslims were unnecessarily harassed by the police. He recalled that the police released 100 young men in Hyderabad at the intervention of the commission in March and April. Of the 125 youth who were detained in connection with the blasts, the police ended up producing only 25 of them in court, and that too, on frivolous charges that he was sure would not stand up to scrutiny.

Echoing the sentiments of victims of atrocities, the people’s tribunal suggested that India should forthwith sign the International Criminal Court Treaty known as the Rome Statute, accepted by most countries. Special sensitisation programmes should be organised for the judiciary and the police regarding human rights, the tribunal said.

Maharashtra
By Anupama Katakam in Mumbai

NARINDER NANU/AFP

A protest march in Amritsar on September 4.

ALTHOUGH she came under fire for her blunt and, perhaps, politically incorrect comment, Shabana Azmi was not far off the mark when she said Muslims in Mumbai found it difficult to find a house. Claiming Muslims faced discrimination, she said on television: “If Shabana Azmi and Javed Akhtar could not find a house… what are we talking about?”

Mumbai is said to be a melting pot of cultures. Yet, the irony is that people belonging to a certain culture and religion today find it difficult to live and find employment in the city. Ayesha Patel, an advertising executive, said: “Shabana Azmi was absolutely bang on. I searched very hard for a place to buy two years ago. We would reach the final stage of negotiations, but when they found out I was Muslim, the whole deal would fall through. Some would say it subtly, others would be blatant.”

She eventually found a flat in a building where most of her neighbours are Catholic Christians. “Those two years were the worst ever for me,” she said of her years of house-hunting. “It really revealed a side of India that, as an Indian brought up on secular and democratic values, one cannot imagine.”

When Ayesha Patel questioned brokers or owners about why they would not sell to a Muslim, she was given a host of reasons. Among the less offensive were: “They are meat eaters. The smell offends vegetarians in the building. During Eid, goats are brought to the compound for slaughter. [Muslim] families are too large, and this puts a strain on the building’s resources.”

Earlier, the bias against Muslims was confined mainly to the middle class. Now it has filtered into more affluent localities, said Shivram Thakkar, a real estate broker. A Supreme Court judgment in 2005 upheld the right of cooperative societies to restrict membership to their particular communities. Now, one comes across little groups – Catholics want to live together, a group of Jains may want a block of flats to belong to only Jains.

Mumbai has “vegetarian buildings”, another trend sanctified by the Supreme Court. When flats in a building are available only to vegetarians, it often becomes a way of excluding Muslims and Christians. When this correspondent said her family was vegetarian Christian, a building society said it would “consider” her request for a flat. Of course, there are Catholic societies in Bandra that will allow only Christians, and Bohri (a Muslim sect) buildings that are open to only Bohris. “Such intolerance was not there in the past,” Thakkar said.

Indeed, Mumbai was not so insular before 1992-93 and was known as one of the most cosmopolitan cities in the country. With a growing migrant population, it continues to have diverse cultures coexisting. Yet, many old-timers and experts who observe the city’s evolution believe it changed after the communal riots of 1992-93 that followed the Babri Masjid demolition, and the subsequent serial bomb blasts. After the riots, Muslims living in Hindu-majority neighbourhoods moved to localities where they could be close to other Muslims, and Hindus did the same thing. The entire suburb of Mumbra was created after the riots. After the 2002 Gujarat riots, hundreds of Muslims fled to this locality.

In recent years, Mumbai has seen the growth of community-dominated localities. Areas such as Dongri, Nagpada in South Mumbai, Navpada, Behrampada near Bandra, Andheri-East and Jogeshwari East in the northern suburbs are virtual ghettos.

“When there have been so many attempts in the recent past to destabilise communal peace, it is better for us to live among our own,” said Sayeed Khan, a social worker and businessman from Nagpada. Nagpada is now a mixed neighbourhood housing both the rich and the poor. There are many traders and businessmen living in this traditionally Muslim neighbourhood, said Aziz Makki. After 1993, Nagpada lost its predominantly wealthy profile as poorer Muslims poured in from across the city.

According to the 2001 Census, Hindus constitute 68 per cent of Mumbai’s population; Muslims 17 per cent; Christians 4 per cent; Buddhists 4 per cent; Parsis, Jains, Sikhs and Jews together 6 per cent. What makes Muslims, the second largest religious group in the city and traditionally an essential part of the city’s social fabric, the most targeted, discriminated against and victimised community today? “Politics,” said Asghar Ali Engineer, a well-known scholar and activist. “The rise of the saffron brigade is singularly responsible for this polarisation.”

An interesting study on the access to information technology within the mohallas of Mumbai, conducted by Rehana Gadhially and Farida Khan from Indian Institute of Technology Bombay, is an example of how the Muslim community is marginalised. The study says: “In the bustling city of Mumbai, Muslim sects such as the Aga Khanis, Ishana Asharis, the Bohras, Memons, Konkani, etc, populate the area from Crawford Market to Byculla Station. This heterogeneity is compounded by diversity in education, class and language. Yet in this stretch of seven bus stops there are no world-class computer training institutions such as APTECH, NIIT, or SSI.”

This kind of exclusion, Rehana Gadhially said, could actually jeopardise the place of Muslims in world development. She told Frontline that when the National Council for Promotion of Urdu Language (NCPUL) set up IT classes and gave out diplomas, there were hundreds of youngsters, girls and even housewives who flocked to these centres. Under the pretext of learning Urdu, they were able to get an IT diploma, which everyone knows secures a good job. Unfortunately, this diploma would never have the value an NIIT diploma carries. Firoze Mithiborewala, who works with Muslim youth, says that it has actually been the IT and media sectors that have given Muslims a fair chance to succeed. Unfortunately, even in corporate set-ups, Muslims often find that they are the ones facing questions whenever there is an inquiry related to terror attacks or other crimes, said Mithiborewala.

Gujarat
By Lyla Bavadam in Ahmedabad

ANTAGONISM between Hindus and Muslims in Ahmedabad is almost as old as the city itself. One of the earliest documented riots took place in 1714. The spirit of commerce, however, ensured that trade between the communities took precedence over animosities. This changed after the 2002 riots. Muslims in the city say that the discrimination they faced earlier was subtle and in no way comparable to the open antagonism they now deal with in day-to-day life.

In the largely Muslim area of Khanpur, Babubhai, who owns a car rental business, finds the old camaraderie missing. His fleet of 12 cars was burnt in the riots. He sold what remained of them as scrap and built up his business again, this time with six vehicles. “It’s not as easy as it was earlier. There are two hotels near my office and the reception clerks would always call me if anyone wanted to hire a car. Now they don’t. A relationship of 20 years was broken in those weeks of rioting.”

Babubhai believes this sort of discrimination was always there, but he saw less of it earlier because of his name which is not typically identifiable as Muslim. Hanif, the Muslim driver of the rickshaw hired for the day by this correspondent, was reticent. He gave his surname but then requested that it should not be printed. His goal was to go to London and “do something with computers”. Towards this end, he learnt typing and had started attending classes to learn the basics of computer programming. He never finished his training because, he said, the tutor would humiliate him every day. “I would be late at times, and he would mock me saying, ‘Muslims can only drive rickshaws and do not have the brains of Hindus.’” While his academic plans seem to be on hold, his desire to leave Gujarat, if not the country, is still a driving force. He is now trying for a driver’s job in the Gulf.

But leaving is not an option for the majority of Muslims. Those who stayed on after 2002 say they feel more secure in Muslim areas such as Juhapura. From being a nondescript suburb, Juhapura now houses about 400,000 Muslims from all income levels ranging from retired judges to rickshaw drivers. Though it is a suburb of the city, the area has poor roads and is not connected by public transport. It was only last month that a nationalised bank opened a branch here.

This kind of neglect by the state, said Fr. Cedric Prakash said, was part of a typical plan of ghettoisation. “The idea is to neglect the community. Since the community needs to survive, it begins its own systems. Then the state accuses it of being isolated and ‘different’, and the cycle of discrimination and persecution continues.”

Fr. Cedric, a human rights activist and director of Prashant, a centre for human rights, justice and peace, says discrimination is a relatively new experience for Christians in Gujarat and that it started with the BJP’s coming to power in 1998. Two extreme acts marked the beginning of the trend. One was the forced exhumation of the body of a Methodist, Samuel Christian, in July 1998 after the VHP claimed he had been buried in a disputed burial ground. The other was the destruction of a church in Naroda, Ahmedabad, also in 1998. Since then a “slow fire intimidation”, as Fr. Cedric calls it, has been practised.

Immediately after the Godhra incident, Christians were warned not to pray openly; churches conducted services softly with the windows and doors shut so as not to “offend” local Hindus. Priests, nuns and lay Christians have been abused, threatened and manhandled. In the first week of September, stones and firecrackers were hurled at Christian schools.

When Christians are asked why they are being discriminated against in Gujarat, the general reply is that they are the victims of a political strategy. Christians living in Gujarat, especially Gujarati Christians (that is, local converts), say that they have always lived in harmony with Hindus. Simon Parmar, a Gujarati Christian and former editor of a Christian community pamphlet, said: “As Christians we were always seen as different but not in the way that Muslims were. People were more accepting. In fact, it used to be a great thing for people to send their children to Christian-run schools and by virtue of that all Christians were respected.” While the desire for such education remains, there has been a change in the attitude towards the people who run the institutions. Parmar said, “They want to take advantage of our schools, but they do not want to help us when we need support.”

Fr. Cedric confirmed that education in Christian-run institutions continued to be “highly valued and the urban elite benefit from it. The grandchildren of Keshubhai Patel [of the BJP] go to our schools.” But, he says, there is an inconsistency in the attitude of the elite. “Our mandate is to provide education not just to the elite but also to the poor, the marginalised and Dalits. This, the elite does not want. They say we are taking advantage of, and converting, illiterate people. They raise the bogey of conversion. This is nothing but a political strategy.”

A Central government official who is a Christian and lives in Ahmedabad (he did not want to be identified further) said: “The average Hindu Gujarati has nothing against Christians, but right-wing parties want to create a divide and use it to their advantage. So they say that the Christian vote is tilted towards the Congress, and they try and build a connection between Sonia Gandhi and the Christians and the Congress. It is an idea that is being put into the minds of the people so that parties gain political mileage.”

Discrimination in the search for jobs and homes, or at the workplace at the time of promotions, has only recently become an issue for Christians in Ahmedabad. Christians employed by the State government have now started complaining that their promotions are slow and that they get posted in obscure places. Christians looking for houses say Hindu landlords shy away from giving them homes once they hear their Christian names.

Forming only 0.53 per cent of the population of the State, the Christian community is, Fr. Cedric pointed out, “too small to be ghettoised”. The tendency for such ghettoisation is evident in the way many Christians have moved away from Narayanpura, which is now almost completely a Hindu area.

In an effort at reconciliation, activists have tried to beat the insidious tactics of right-wing groups by being upfront in their protests. On September 2, the Gujarat United Christian Forum for Human Rights organised a silent peace rally to protest against the killing of the VHP’s Swami Lakshmanananda Saraswati and the subsequent attacks on Christians in Orissa. About 20,000 people marched in the rally.

Tamil Nadu
By S. Viswanathan in Chennai

TAMIL NADU has a history of peaceful coexistence of different communities. Yet, the malaise of discrimination practised on the ground has not completely spared the State. Stories of neglect, apathy and abuse lurk beneath the surface, and even the best-intentioned government policies are more often than not defeated by people entrusted with the task of implementing them.

Noted Tamil poet Kavikko Abdul Rahman said bureaucrats tried to nullify, in all possible ways, the good effects of the schemes launched by the State’s secular government for the welfare of the Muslim community. He regretted that the Sachar Committee Report, which brought to light the plight of the minority community all over the country, had not evoked any response from the Union government. He said that there had been all-round discrimination against the minority community. Discrimination took many forms, ranging from blocking or delaying bank aid to Muslims to denying them access to the benefits of government schemes.

Speaking to Frontline, he said: “Why should our people be treated like aliens, as if they are all of foreign origin? We are in no way responsible for the creation of Pakistan. We opted to live here as sons of the soil, sharing the same language and the same heritage. Was it wrong?” He said that the most humiliating of the abuses against Muslims was being asked, “Why don’t you go to your homeland, Pakistan?”

The Chairman of the State Wakf Board and general secretary of the Tamil Nadu Muslim Munnetra Kazhagam, S. Hyder Ali, said even benefits such as maternity assistance to Muslim women were sometimes denied in places such as Thondi in Ramanathapuram. He spoke of the tendency of officials to dilute the assistance to Muslim women under a century-old government scheme.

In 1892, the colonial government founded the Muslim Women’s Association in Chennai with the District Collector as its Chairman and with several others representing the community. The intention was to provide development assistance to Muslim women in Chennai out of a fund created with donations from the community and a matching grant from the government. Recently, the State government extended the scheme to all districts. He said that when it came up for discussion at the departmental level, bureaucrats wanted a ceiling to be fixed for the community’s contribution with a view to limiting the government’s matching grant. “When we took it up with the Chief Minister, he promised to correct the situation, but nothing seems to have been done so far,” Hyder Ali said.

The birth of the Hindu Munnani, a Hindutva organisation and now a powerful constituent of the Sangh Parivar, in the early 1980s is seen as the starting point of the spread of a hate culture. Among its activities was the reorienting of Vinayaka Chaturthi in Chennai in a provocative way to suit its agenda of reviving “Hindu glory”. It also intervened in the mass conversion of Dalits, victims of oppression by caste-Hindu landlords in the southern districts, to Islam. All this is seen as the beginning of a long confrontation.

These efforts to sow the seeds of discord have not succeeded significantly. Even the demolition of the Babri Masjid in December 1992 and the riots it triggered in other parts of the country did not spur any violent response from the State’s Muslims. However, 80 per cent of the State’s Muslims live in poverty and prolonged neglect and discrimination has caused despair and dejection in them. All this makes fertile ground for the strengthening of fundamentalist elements.

Yet, Tamil Nadu has a long tradition of communal harmony. The Madras Presidency remained peaceful when communal violence rocked northern India at the time of Partition. The southern State has never experienced a major communal conflagration.

One of the historical reasons often mentioned for this is that Tamil Nadu did not see any significant Muslim invasion. The visit of Malik Kafur, the army chief of Sultan Alauddin Khilji, to Madurai in the early 14th century to bail King Sundara Pandian out of a crisis, as instructed by Khilji in response to a request from the Pandya ruler, did nothing to harm this harmony though some historians mention the general’s “destruction of temples” on his way. There are historical references to his gesture of presenting puja materials to a Hindu mutt in Madurai. Two centuries later, the Mughal emperor Aurangzeb is also credited with having made a similar donation to the mutt. He is also stated to have provided a site for the Tamil Saivite savant Kumaragurubarar to build a mutt in Delhi. During British rule, too, there was no significant change in the cordial relations among the different religious communities.

There were no major communal animosities for over three decades after Independence. Much of this is attributed to the impact of the Self-Respect Movement, which later evolved into the Dravidian Movement, based on rationalist and egalitarian ideals.

West Bengal
By Suhrid Sankar Chattopadhyay in Kolkata

WEST BENGAL, for all its shortcomings, has one golden thread running through its history and tradition – a respect for secular principles in political and social life. A senior civil servant (now retired) from Uttar Pradesh, while talking to Frontline recently, was surprised to learn that Assembly and parliamentary elections in West Bengal are fought on ideological rather than caste or communal lines.

Apart from this, any study about the status of minorities in West Bengal, especially Muslims, has to be considered in a historical perspective. One has to remember that unlike in Punjab, there was no bloodbath leading to an exchange of populations at the dawn of Independence. Mahatma Gandhi’s “one-man boundary force” worked a miracle on the streets of Calcutta (now Kolkata) that day as Hindus and Muslims embraced each other in the joy of their newfound freedom.

Jawaharlal Nehru’s sagacity led to the Nehru-Liaquat Ali agreement for the protection of minorities on both sides of the border. However, the Muslim community in undivided Bengal had a limited middle-class base for historical reasons. The better educated and relatively well-to-do among the small Muslim middle class gravitated towards East Pakistan in the hope of better economic prospects; they and their descendants in due course became the pillars of the new state of Bangladesh. It is no wonder that the Sachar Committee has found that the lot of those Muslims left behind in West Bengal is not very satisfactory.

The State government has made serious efforts to improve their economic conditions and maintain communal harmony. It has to be remembered that there has not been a single major communal riot in West Bengal in the three decades of Left Front rule.

During the anti-Sikh riots in 1984, peace prevailed in Kolkata. The demolition of the Babri Masjid in 1992 did not precipitate any major disturbance. It is generally believed that this is owing not simply to the efficiency of the police and administration. The Left Front constituents have maintained a strict vigil at the grassroots and any disturbance that can take a communal colour has been immediately addressed by the civil society under the panchayati raj.

Apart from Muslims, other minorities, notably Sikhs and Christians, have also never faced any problem of a communal nature.

Tayyab Ahmad Khan, who retired as the Director General of Police in 2004, said: “I would not only say West Bengal is a secular State, I would even venture to suggest that it is the most secular State in the country. It is not just the government – it is the people themselves who are responsible for the situation. You see, at the urban elite level, secularism exists everywhere. But the kind of secularism that exists at the level of the general population is, I feel, unique in West Bengal.”

Stephen Naskar, 34, is an itinerant vegetable vendor. His family has been Roman Catholic for four generations. He said: “I live in Keshtopur in north Kolkata, where the population is mostly Hindu. During our Bada din [Christmas] I distribute cakes among my neighbours, and during Durga Puja, they invite me and my family to participate in the festivities. There are two Muslim families in my neighbourhood, and they have no problems either.”