communal violence in india in the light of godhra inciden1.docx

Upload: deepsy-faldessai

Post on 06-Jul-2018

219 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    1/30

    COMMUNAL VIOLENCE IN INDIA IN THE

    LIGHT OF GODHRA INCIDENT

    ABSTRACT

    The frequency with which communal violence have been taking place in India shows that

    there is something fundamentally wrong with our political system as well as our secular

    governance. The carnage in Gujarat did not occur suddenly and simply in reaction to

    what happened in Godhra. The Sangh parivar politically thrived only through hate

    politics, opposing everything that went in favour of minorities. ver the years it has

    created a mindset among the !indus, who question not only the loyalty of minorities

    towards India but also consider them fundamentalist and fanatical, and the !indus as

    liberal and secular.

    INTRODUCTION

    ur State which is supposed to be wedded to secularism is in fact the largest propagator

    and tolerator of communal feelings. In "#$%, the word &secularism' was added to the

    preamble of the (onstitution. Since its inception, the (onstitution gives equal status to all

    religions. This is sufficient for many people to come to the conclusion that the state is in

    fact secular. ur &Secularism' has provisions even for personal laws and customary laws

    where marriage, se) relations, inheritance and other viral areas of the lives of citi*ens are

    domain of religion. "

    Indian society is pluralistic from religious point of view. !ere, we have the followers of

    all the great religious systems. !indus constitute the bulk of the population and they

    inhabit in all parts of the country. +uslims constitute the largest religious minority. ut

    the adjustment between the !indus and +uslims has been a failure several times,

    resulting in violent communal riots.

    1 http://www.radicalsocialist.in/articles/national-situation/63-communalism-its-causes-and-consequences

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    2/30

    In the communal riots during the period of independence millions of people were

    rendered homeless while millions of others lost their property. (ommunalism was

    responsible for the division of the country into India and -akistan. The partition was

    e)pected to resolve the riddle, but it failed .

    COMMUNALISM

    (ommunalism is a negative term, is generally seen in the conte)t of acrimony and

    conflict between the two communities harmful to the healthy growth of people and the

    nation. It creates enmity, hatred, violence and revenge, which hamper the growth and

    development. It develops at the cost of human values adversely affecting the property of

    the community. It broke India into two parts leaving behind memories and incalculable

    wounds and loss of property.

    In India, communalism has implied discord, tension and conflict between its prominent

    communities, i.e., !indus, +uslims and (hristians. It has resulted in violence, terror and

    discrimination against minority communities. It is the vital cause of !indu/+uslim

    communal riots. 0

    (ommunalism is one of the most serious problems that India has to face after her

    freedom from colonial rule in the mid of 1 th (entury. This problem, which has e)isted

    among the followers of two principal religious communities/ !indus and +uslims 2

    many times raised a great challenge before the secular structure of India. In the name of

    religion such acts have been committed that are no doubt shameful and a act of fleeing

    from the message of +ahatma Gandhi who lead the country to the door steps of freedom

    through non/violence, the sacred human value. +ahatma Gandhi devoted his entire life

    2 http://www.yourarticlelibrary.com/society/problems-of-communalism-in-india-essay/40 1/

    3http://shodh!an!a.in"ibnet.ac.in:#0#0/$spui/bitstream/10603/40%46/&/10'chapter1.pdf

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    3/30

    for propounding communal harmony. ut it is unfortunate that after independence there

    have been many communal riots in India, and most of them occurred between !indus and

    +uslims.

    HISTORICAL PERSPECTIVE WITH RESPECT TO COMMUNAL VIOLENCE

    IN INDIA

    India is a country of diversities, a land of different religious communities and sects. India

    has a history of communal riots. Towards the end of the "# th century, al Gangadhar

    Tilak, who was one of the great political leaders of India at that time, started 3Ganesh

    -ooja4 and 3Shivaji +ahotsav4 in Southern India, especially in +aharashtra and its

    nearby regions, with the aim of creating awakening among the masses. The programmes

    related to 3Ganesh -ooja4 and 3Shivaji +ahotsav4 was not initiated to support theinterests of !indus. !owever, both 3Ganesh4 and 3Shivaji4 were associated with the

    emotions of a number of !indus. 5 procession connected with the above programme was

    passing through the streets of +umbai in the year "6#0. 7hen it reached near a place of

    prayer of another religious community, it was pelted with stones. The quarrel ensued

    between those participating in the procession and attackers, and finally resulted in a

    communal riot. Similarly, another incident occurred in the coming year, i.e. in "6#8 at

    -une. ehind both these incidents was the support of colonial rulers to the narrow/

    minded people involved in the acts. 9rom here, started communalism, which was also

    evident on some occasions in the Gandhian era of the national liberation movement of

    India. 5ccording to his firm belief, +ahatma Gandhi entered in the 3 Yajna 4 of national

    freedom along with others, whether they were Sikhs or uddhists, -arasis or :ains,

    (hristians or +uslims, or his own co/religionists. ut it was unfortunate that many

    people could not become identical with the firm and true message of +ahatma Gandhi

    pertaining to non/violence. ;ven then, he, time and again, repeated his message of

    ahimsa till the last breath of his life< worked for communal harmony declaring it a value

    supplementary to non/violence .8

    7hen the ritish established their dominance in India via the ;ast India (ompany, they

    initially adopted the policy of patroni*ing !indus, but after the 9irst 7ar of Independence

    4 http://www.m(!andhi.or!/articles/communalism.htm

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    4/30

    in "6=$ in which !indus and +uslims fought shoulder to shoulder, the ritishers adopted

    the policy of &divide and rule' which resulted in fostering communal clashes deliberately

    for keeping intact their hegemony.

    Thus, though antagonism between !indus and +uslims is an old issue, !indu/+uslim

    communalism in India can be described a legacy of ritish rule during the freedom

    struggle when the (ongress leaders accepted the partition in "#8%, it led in "#8$ to the

    displacement of millions of !indus, +uslims and Sikhs amid bloodshed and carnage.

    5bout lakh persons were estimated to have been killed in the "#8$ partition riots and

    about % million +uslims and four and a half million !indus and Sikhs became refugees.

    ;ven after the partition, the (ongress failed to come to grips with communalism. It could,

    therefore, be said that !indu/+uslim communalism in India had politico/social origins,

    and religion alone was not the cause of the conflict between !indus and +uslims.

    ;conomic interests and cultural and social mores >such as festivals, social practices and

    lifestyles? were factors that further divided the two communities. = 5t the time of partition,

    the communal feelings converted themselves into the worst communal riots in the history

    of India. The main victims of these riots were in the States of Gujarat, -unjab, @elhi, A.-.

    engal and Bashmir. %

    5lmost forty years after Independence and the traumati*ing events of -artitionC !indu2

    +uslim relations in India are fraught with many difficulties. The communal divide and

    religious riots have become a distinctive feature of Indian social life. $

    % httpCDDwww.yourarticlelibrary.comDessayDcommunalismDhindu/muslim/communalism/in/india/D80#"#D

    6 httpCDDwww.radicalsocialist.inDarticlesDnational/situationD%0/communalism/its/causes/and/consequences

    & httpCDDwww.massviolence.orgDhindu/muslim/communal/riots/in,$06

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    5/30

    COMMUNAL RIOTS: (ommunal riots are a dangerous and a frightful phenomena and

    a curse for our society. Eot only does a communal riot ends up in loss of lives and

    property, it divides and polari*es the society and gives rise to vicious political debates. 6

    COMMUNAL VIOLENCE: (ommunal violence involves people belonging to twodifferent religious communities mobilised against each other and carrying the feelings of

    hostility, emotional fury, e)ploitation, social discrimination and social neglect.

    The targets of attack are the members of the &enemy' community. Generally, there is no

    leadership in communal riots which could effectively control and contain the riot situ/

    ation. It could thus be said that communal violence is based mainly on hatred, enmity and

    revenge. (ommunal violence has increased quantitatively and qualitatively ever since

    politics came to be communali*ed. #

    T!; TFA; ST F 9 G @!F5 IE(I@;ET

    Godhra, a city of the Indian State of Gujarat, was the lead story in all Indian newspapers

    on 9ebruary $th/ 6th, 11 . In the Gujarati town of Godhra, on $ 9ebruary 11 , a

    +uslim mob set on fire a train wagon carrying passengers returning from 5yodhya to

    Gujarat. "1

    n 9ebruary $, 11 , the Sabarmati ;)press, a train bound for 5hmedabad, was

    carrying karsevaks >pilgrims, religious workers? from 5yodhya to Gujarat. The kar sevaks

    traveled to aid in the construction of the Fam temple at 5yodhya. In "## , a mob of

    # httpCDDcreative.sulekha.comDcommunal/riots/and/its/causeH0"#1 $Hblog

    httpCDDwww.yourarticlelibrary.comDsocietyDcommunal/violence/concept/features/incidence/and/causesD0# 0$D

    10 httpCDDkoenraadelst.bharatvani.orgDarticlesDfascismDgodhra.html

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    6/30

    !indu militants demolished the abri +asjid >mosque? in 5yodhya, built in the "%th

    century< instigating rioting that spread to other parts of the country, and resulted in the

    death of more than ,111 people, who were mostly +uslims. They declared that they

    would build a temple to Fam at the site .""

    The !indu volunteers travelling in the Sabarmati ;)press train to 5yodhya or back to

    5hmedabad in Gujarat, had reportedly been misbehaving with +uslim passengers, both

    men and women, for days without any police intervention ."

    9rom the time when the activists boarded the train on 9ebruary = in 5yodhya until they

    reached Godhra on 9ebruary $, they unleashed a wave of mischief, terror and fear on

    their passengers, some of whom were also +uslim. The militant activists e)posed

    themselves to other passengers, pulled headscarves of +uslim women on the train,

    evicted a family of four in the middle of the night for refusing to join in chants glorifying

    the !indu God Fam and refused to pay for tea and snacks they consumed at each train

    station. n stations they would chant anti/+uslim rhymes and slogans, insulting +uslim

    !oly places. The things got out of hand when the daughter of an old +uslim man with a

    small tea stall at the train station was kidnapped. "0 5n old Ghanchi vendor was ordered to

    shout pro/Fama slogans and his beard was reportedly pulled when he refused. This was

    followed immediately by stone throwing and physical assaults. The !indu militants

    11 httpCDDwww.globalsecurity.orgDmilitaryDworldDwarDgujarat.htm

    12 httpCDDwww.globalsecurity.orgDmilitaryDworldDwarDgujarat.htm

    13 httpCDDwww.soundvision.comDarticleDwhat/happened/in/godhra/gujurat

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    7/30

    argued with this old man, beat him up and pulled his beard. "8 The "%/year/old daughter

    who was also present at the station came forward as her father was being beaten and tried

    to save him from the !indu militants. She kept pleading and begging to them to stop

    beating her father and leave him alone. ut instead of listening to her woes, the !indu

    militants lifted the young girl, took her inside their compartment and closed its door.

    7hen the train started to move out of the platform of Godhra s railway station, the old

    man was banging on the compartment doors, pleading for his daughter to be left alone,

    two other vendors jumped into the last bogey and pulled the emergency break to stop the

    train. y the time the train halted completely, it was about one kilometer away from the

    railway station.

    These two men then came to the bogey in which the girl was and started to bang at the

    door asking the militants to release the girl. !earing the chaos, people in the vicinity near

    the tracks started to gather near the train. The boys and the mob >which included women?

    that had now gathered near the compartment requested the !indu militants to return the

    girl. ut instead of doing this, they started closing their windows. This infuriated the mob

    and they retaliated by pelting stones at the compartment. "=

    5s it pulled out of the station, the train was pelted with stones and bricks, and passengers

    from several bogeys were forced to bring down their windows to protect themselves.

    Someone pulled the emergency chainC the train came to a halt about "11 metres away

    14 http://www.outloo(india.com/website/story/!u$arat-carna!e-2002/21%160

    1% httpCDDwww.soundvision.comDarticleDwhat/happened/in/godhra/gujurat

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    8/30

    from the platform, surrounded by a large crowd of +uslims. The railway police managed

    to disperse the crowd, and the train resumed its journey.

    7ithin minutes, the emergency chain was simultaneously pulled again, from several

    coaches. It halted at about $11 metres from the station. "% 5pparently incensed by reports

    of the misbehaviour with members of their community by the kar sewaks and the

    molestation, even rumoured abduction, of a +uslim woman, a mob of up to ,111 people

    allegedly of Ghanchis from Singal 9aliya attacked the train with stones and fire bombs. "$

    5 crowd of over ",111 surrounded the train, pelting it with bricks, stones, then burning

    missiles and acid bulbs, especially on some of the coaches. The vacuum pipe between

    coaches S/% and S/$ was cut. "6 The kar sewaks of almost equal strength threw stones

    back. The main target of the Ghanchi mob was coach S%. "# 9irebombs were used by the

    +uslim mob, and a fire broke out in (oach S/% of the Sabarmati ;)press, which resulted

    in the death of =# !indu passengers, mainly women and children. The whole attack lasted

    1/ = minutes. This incident, which was a communal riot in a town with a long history of communal outbreaks, became the trigger and justification for the carnage that followed. 1

    The Gujarat Government suspected this incident as a part of conspiracy hatched by some

    +uslim terrorists of :ammu/Bashmir with some +uslim fundamentalists of Godhra to

    16 httpCDDwww.jaia/bharati.orgDnicole/elfiDni/godhra/ang.htm

    1& http://www.outloo(india.com/website/story/!u$arat-carna!e-2002/21%160

    1# httpCDDwww.jaia/bharati.orgDnicole/elfiDni/godhra/ang.htm

    1 http://www.outloo(india.com/website/story/!u$arat-carna!e-2002/21%160

    20 httpCDDwww.globalsecurity.orgDmilitaryDworldDwarDgujarat.htm

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    9/30

    spread terror and create fear in the minds of people of Gujarat. 5ccording to the State

    Government, it was decided by the conspirators at Godhra, as a part of larger conspiracy,

    to attack Barsevaks who were to return from 5yodhya by this train. In pursuance of that

    conspiracy, this train was stopped and attacked near Godhra station with stones etc. and

    thereafter its coach SD% was set on fire by throwing burning rags and petrol therein. "

    POST GODHRA COMMUNAL VIOLENCE

    y evening of 9ebruary $, 11 retaliatory attacks against +uslims had begun. That

    same day the Jishwa !indu -arishad called for a statewide bandh >shut/down? for

    9ebruary 6, 11 . The state s endorsement of the bandh, announced through a press note

    issued at 6 p.m. on 9ebruary $, was taken by the J!-D ajrang @al as an endorsement of

    its stand. Starting on the morning of 9ebruary 6, !indu mobs unleashed a coordinated

    attack against +uslims in many of Gujarat s towns and cities. 9eb. 6th was when the

    greatest damage to life and property took place in 5hmedabad. 0

    5fter showing great hesitation, curfew was imposed in 5hmedabad and twenty si) other

    towns and cities by the evening of 6th 9ebruary. The army was called in onlyon in the

    afternoon of " +arch 11 despite repeated requests by minority leaders and concerned

    citi*ens. ut before the arrival of army, communal violence had already spread into other

    districts of Gujarat, like -anchmahal, @ahood, Sabarkantha, Jadodara, Bheda and

    Gandhinagar . 8

    21http://www.home.!u$arat.!o).in/homedepartment/downloads/!odharaincident.pdf

    22 https://www.hrw.or!/reports/2002/india/*ndia0402-03.htm

    23 http://www.outloo(india.com/website/story/!u$arat-carna!e-2002/21%160

    24 http://www.online)olunteers.or!/!u$arat/reports/pucl/))'anne+ure2.pdf

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    10/30

    CASES OF COMMUNAL VIOLENCE IN GUJARAT OCCURRED IN

    THE LIGHT OF GODHRA INCIDENT (27 th FEBRUARY, 2002

    ". GA:5F5T TF5IE AFEIEG (5S;

    5 special court IE 1"" pronounced the death penalty for "" convicted in the Godhra

    train burning case and handed down life sentence to 1 others.

    Special judge - F -atel considering the case as Krarest of rareK pronounced death penalty

    for "" out of the 0" convicted in the case while 1 others were sentenced to life

    imprisonment.

    The prosecution had sought death sentence for all the 0" convicts, saying that it was a

    heinous act.

    Thirty/one people were convicted and %0 others, including the main accused +aulvi

    Amarji, were acquitted on 9ebruary by a special court here in the 11 Godhra train burning incident that left =# people dead and triggered violence in Gujarat that had

    claimed the lives of over " 11 people, mainly +uslims.

    The court acquitted prime accused Amarji while other prominent accused !aji illa and

    Fajjak Burkur were convicted.

    Scientific evidence, statement of witnesses, circumstantial and documentary evidence

    placed on record formed the basis of the judgement.

    The trial conducted inside the Sabarmati (entral :ail here began in :une 11# with the

    framing of charges against #8 accused in the carnage that had triggered widespread

    communal riots in Gujarat. The accused have been charged with criminal conspiracy and

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    11/30

    murder in burning of the S/% coach of the train on 9ebruary $, 11 near Godhra, about

    " = km from here in which =# people were killed . =

    . GAL 5FG S (I;T (5S;

    Si)ty/nine people, mostly +uslims all residents of Gulberg Society in 5hmedabad,

    including former (ongress +- 5hsan :afri, were killed when a mob went on a rampage

    at Gulberg !ousing Society in 5hmedabad on 9ebruary 6, 11 , a day after the Godhra

    train burning incident. ;hsan :afri, then (ongress +- and husband of Makia :afri, the

    main petitioner in the case, was among %6 others who were burnt alive during the 11

    riots in Gujarat. :afriNs allegations were investigated by a Special Investigating Team or

    SIT appointed by the Supreme (ourt in +arch 116. In 1"", the Supreme (ourt refused

    to hear the case and said it would be handled by an 5hmedabad court. The SIT allegedthat the petition was a motivated one and was filed at the instance of anti/+odi activist

    Teesta Setalvad. :afri contested that decision and challenged the SITNs closure report and

    the clean/chit given to +odi. 5rguments got over in September 1"0. SIT counsel FS

    :amuar argued before the court that no direct or circumstantial evidence supporting

    :afriNs allegations was found, while her lawyers argued that SIT ignored the relevant

    evidence and shielded the main culprits. % 5 bench headed by (hief :ustice of India T S

    Thakur said there was no restraint on the trial judge to pronounce the verdict, and granted

    him three months for it. The ape) court had on 5ugust =, 1"= also granted an e)tension

    of three months to wind up the proceedings in the case. It had also declined to give bail

    to the accused who had sought relief on the ground that since trial of the case has been

    dragging, they were entitled to be released from jail.7hile @istrict :udge - @esai had

    requested the ape) court to grant three more months to complete the trial in the case, the

    accused persons had written to it that due to delay in completing the proceedings, they

    should be granted bail as they have been in jail for "1 years. $

    2% http://timeso,ndia.indiatimes.com/india/ eath-for-11-life-sentence-for-20-in- odhra-train-burnin!-case/articleshow/&6000% .cms

    26 httpCDD*eenews.india.comDnewsDgujaratDall/you/want/to/know/about/ 11 /gulberg/society/massacreH6##806.html

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    12/30

    0. S5F@5F-AF5 +5SS5(F; (5S;

    Sardarpura massacre was reported on the night of +arch ", 11 , at the Shaikh Jaas

    locality of Sardarpura village in the Jijapur taluka of +ehsana district. 5 mob of around

    ",=11 people had allegedly attacked the minority locality with "=/ 1 houses. Total 00

    persons were charred to death in the massacre. 6 The prosecution had sought the death

    penalty for those found guilty, pleading that the accused had brutally killed 00 people,

    including adults, "" children and even an eight/month/old infant, when they set fire to

    a house in Sardarpura village of +ehsana district on +arch ", 11 , a day after the

    Godhra train burning incident, which left =# kar sevaks dead. It alleged that the attack on

    members of the minority community was pre/planned and the conspiracy was hatched by

    a local leader after the Godhra incident. It had also submitted that weapons weredistributed by the accused in the run/up to the incident. ut the court did not award the

    death sentence to any of the convicted. -ublic prosecutor S ( Shah said the court had not

    given the death penalty as it had read the charge of Section 01 of the I-( >-unishment

    for murder? alongwith the charge of Section "8# of the I-( >;very member of an

    unlawful assembly is guilty of the offence committed in prosecution of common object?.

    Jiewing it as a mob fury killing, it handed the 0" found guilty the minimum sentence for

    murder / life imprisonment. The 0" convicted have been found guilty for murder, attempt

    to murder, rioting and other sections of the Indian -enal (ode >I-(?, while they were

    acquitted for criminally conspiring the murders. The accused had claimed that they were

    being falsely implicated and that the violence was perpetrated by people who had come

    from outside. The Sardarpura investigation, originally handled by the local police, was

    one of the nine cases handed over by the Supreme (ourt in 116 to a Special

    Investigation Team >SIT? headed by F B Faghavan, who has earlier served as the chief of

    the ( I. This is the first of these cases in which a verdict has been pronounced. Seventy/

    2& http://www.newindiane+press.com/nation/ - a)es- ay-for- erdict-in-2002- ulber!- ociety- assacre- ase/2016/02/22/article32 13&%.ece

    2# http://indiane+press.com/article/cities/ahmedabad/!odhra-riots-epicentre-2002/

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    13/30

    si) people were originally arrested in the case. Two of them died during trial. ne of the

    accused is a juvenile and is facing trial in a juvenile court.

    ut of the 8 acquitted, "" were freed due to lack of evidence, while 0" were given the

    benefit of doubt. These 0" have been asked to submit a solvency bond of Fs. =,111

    each. The court has also directed them not to leave the country without its permission.

    7hile 6 of the accused are still in jail, the rest were out on bail. The families of the

    accused who were acquitted were seen outside the court but the families of the victims

    were not present. They would not come to court as they were still feeling scared. #

    (riminal appeals against the judgment are pending before the Gujarat !(. Sometime

    back, the !( had refused bail applications of the convicts, following which the convicts

    approached the S(. 01

    4. @I-@5 @5F75:5 +5SS5(F;

    5 family of "" persons, including four children and a %= year/old woman, was killed in

    the mob attack at a house in the @ipda @arwaja locality at Jisnagar town in north Gujarat

    on 9ebruary 6, 11 , a day after the Godhra train carnage.

    @ipda @arwaja was one of the nine cases investigated by the Supreme (ourt/appointed

    Special Investigation Team, headed by the former ( I @irector, F.B. Faghavan. 0"

    5 special trial court had, in :uly 1"8, convicted persons in the case, acquitting %"

    others. Those acquitted from the case include former :- +L5 -rahlad Gosa. ;leven of

    the convicts were sentenced to life imprisonment by the trial court.

    2 httpCDDwww.ndtv.comDindia/newsD0"/get/life/sentence/for/massacre/during/gujarat/riots/at/sardarpura/=%%""6

    30 httpCDDindiane)press.comDarticleDcitiesDahmedabadDgodhra/riots/epicentre/ 11

    31 httpCDDwww.thehindu.comDnewsDnationalDlife/term/for/ "/in/dipda/darwaja/massacre/caseDarticle0$1 66 .ece

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    14/30

    ne accused, the then police inspector of Jisnagar police station and first investigator of

    the case + B -atel was convicted under the charge of dereliction of duty and sentenced

    to one year imprisonment. !e was later released on bail. oth state government and the

    convicts have moved appeals against the judgment before the !( and it's still pending.

    5ll the remaining " convicts in the case serving life sentence were granted regular bail

    by a division bench of Gujarat !( in @ecember 1"0. 0

    =. @; +5SS5(F;SC

    In one of the two separate incidents of communal violence in de town of 5nand

    district, 8 persons were charred to death at -irawali hagol locality of the town on

    +arch ", 11 . The trial of the case was conducted by a special trial court which had

    convicted 0 of the total 8% accused. 5ll of them were sentenced to life imprisonment.

    Femaining 0 were acquitted by the court. The appeals against the judgment are pending

    before the Gujarat !( and all the convicts are lodged in jail.

    In the second massacre, three persons from minority community were burnt to death by a

    mob near +alav hagol area on +arch ", 11 . 9orty one persons were tried, of which

    0" were acquitted and the remaining "1 were convicted. Eine of the convicts weresentenced to life imprisonment while one was sentenced to si) months' imprisonment.

    The nine convicts facing life imprisonment are in jail and appeals against the trial court's

    judgment are pending before Gujarat !(. (urrently, a court is conducting trial against

    three other accused who were earlier absconding. ne of them, who was in Singapore,

    had surrendered before the police. Two others were arrested by the police from the Anited

    Bingdom and 5ustralia.

    %. E5F @5 -5TI 5 (5S;

    The residents of Earoda -atiya, a small hamlet housing a few thousand poor +uslim

    families in ;astern 5hmedabad would not have in their wildest imagination predict that

    32 httpCDDindiane)press.comDarticleDcitiesDahmedabadDgodhra/riots/epicentre/ 11 D

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    15/30

    they would be systematically butchered on 6th 9ebruary, 11 . #$ +uslims were

    tortured and burnt alive on that day. 00 Earoda/-atiya violence, +s. agnik said, 3acts of

    communal violence are brutal, inhuman and shameful. Earoda/-atiya was a clear incident

    of human rights violation as #$ people were killed brutally within a day O who included

    hapless women, children and aged persons. The clima) of this inhuman and brutal act of

    violence was reflected in the murder of an infant who was barely 1 days old.4

    Soon after the riots, the human rights activists and the +uslim witnesses had alleged that

    a pregnant woman Bausarbanu's womb was ripped open by rioters and the foetus was

    flung out at the point of a sword. 7hile one complaint accuses Guddu (hara, one of the

    main accused in the Earoda -atiya case, of ripping open Bausarbanu's womb, e)tracting

    her foetus and flinging it with a sword< another complaint accuses abu ajrangi, yetanother accused in the case, of doing the act .08

    The Gujarat !igh court began withfinal hearing on appeals in the Earoda -atiya riot case,

    in which #$ people, mostly from minority community, were killed in 11 ..

    In this case, cross appeals have also been filed by the convicts, survivors and the

    prosecution agency SIT on the issue of enhancement of the sentence or for challenging

    the punishment awarded by the special trial court.

    5 special trial court had, in 5ugust 1" , convicted 0" persons and awarded life term to

    01, including an e)/state minister +aya Bodnani for killings and criminal conspiracy,

    while it had also awarded &imprisonment till death' to former J!- leader abu

    33 http://www.truthof!u$arat.com/the-death-dance-at-naroda-patiya/

    34 http://www.!u$aratriots.com/inde+.php/2010/0%/myth-16-a-pre!nant-womans-womb-was-ripped-open/

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    16/30

    ajrangi. 0= 9ormer Gujarat minister +aya Bodnani , sentenced to 6 years imprisonment

    in the 11 Earoda -atiya 0%

    Two convicts, including Bodnani and Birpalsingh (hhabra, were granted bail in this

    case. 0$

    $. ;ST 5B;F (5S;

    In this case, a mob attacked and burned down the est akery in Jadodara, killing "8

    people, including " +uslims. 06.@uring the first trial in Gujarat in 110, Maheera and 0%

    witnesses had turned hostile. She had told the Supreme (ourt that they did so as they

    were intimidated by families of the accused. The ape) court then ordered a re/trial and

    transferred the case to the neighbouring state of +aharashtra. 5fter the riots, the primeeye witness and complainant Maheera Sheikh in the case turned hostile along with 0%

    other witnesses during the trial held in a Jadodara court.

    Seventeen accused were retried in a highly secure court in +umbai but once again

    Maheera turned hostile. Sessions judge 5bhay Thipsay, however, convicted # of the "$

    accused and said in his judgement that Maheera and her family had lied to the court. The

    evidence of the hostile witnesses leaves in no manner any doubt that they were lying and

    have been tutored. It also appears that they been given monetary inducements.

    3% http://www.thehindu.com/news/national/other-states/!u$arat-hc-be!ins-,nal-hearin!-in-naroda-patiya-case/article&4&432&.ece

    36 http://articles.economictimes.indiatimes.com/2014-0&-30/news/%223&&04'1'maya-(odnani-naroda-patiya-!u$arat-hi!h-court

    3& http://www.thehindu.com/news/national/other-states/!u$arat-hc-be!ins-,nal-hearin!-in-naroda-patiya-case/article&4&432&.ece

    3# https://www.hrw.or!/news/2012/02/24/india-decade-!u$arat-$ustice-incomplete

    http://economictimes.indiatimes.com/topic/Gujarat%20ministerhttp://economictimes.indiatimes.com/topic/Maya%20Kodnanihttp://economictimes.indiatimes.com/topic/Maya%20Kodnanihttp://economictimes.indiatimes.com/topic/Gujarat%20minister

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    17/30

    Two months after the judgement, in 5pril 11%, the Supreme (ourt convicted Maheera

    Sheikh for contempt of court and sentenced her to a year s jail term which she served at

    the yculla :ail in +umbai. 0#

    6. ILBIS 5E (5S;

    ilkis ano, who was si) months pregnant, was gang/raped during the communal

    violence that erupted in Gujarat in 11 . 9ourteen members of her family were also

    brutally murdered by a violent mob. ;ight persons including ilkis' three/year/old

    daughter were killed and si) were reported missing. ilkis, then 0/years/old and five

    months pregnant, was brutally gangraped.

    :aswant Eai, Govind Eai, Shailesh hatt, Fadhyesham hagwan @as Shah, ipin(handra :oshi, Besarbhai Johania, -radeep +ordhiya, akabhai Johania, Fajubhai Soni,

    +itesh hatt and Famesh (handana were held guilty of murder, gang rape and raping a

    pregnant woman.

    The prosecution demanded the death penalty for :aswant Eai, Govind Eai and Shailesh

    hatt, who were charged with raping ilkis. !owever, the judge ruled that the death

    penalty could only be given in the rarest of rare cases. In this case, the evidence was

    blank on the role of each of the accused .81

    the trial began in 5hmedabad. !owever, after ano e)pressed fears that witnesses could

    be harmed and the (entral ureau of Investigation evidence tampered with, the Supreme

    (ourt transferred the case to +umbai in 5ugust 118.

    The S( transferred the trial from Gujarat to +aharashtra on 5ugust %, 118, after ilkis

    made an application stating that the atmosphere in Gujarat was not conducive for a fair

    trial.

    3 http://www.ndt).com/india-news/best-ba(ery-case-bombay-hi!h-court-!i)es-clean-chit-to-defence-lawyers-4 1#%%

    40 http://indiatoday.intoday.in/story/ u$arat5riots:5125found5!uilty5in5 il(is5 ano5case/1/3&02.html

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    18/30

    The ( I has filed an appeal in the high court seeking death penalty for three of the

    convicts even as all the convicts have filed appeal challenging their sentence.

    5part from circumstantial evidence and ilkis' statement, additional sessions judge A@

    Salvi relied on the statement of ilkis' minor nephew, Saddam, 6, who survived the brutal

    attack, to convict the accused. ilkis had identified all the accused and the statement of

    Saddam corroborated her evidence. 8"

    The trial began in the special court in +umbai in :anuary 11=. 5fter recording

    statements of $0 prosecution witnesses and ten defence witnesses, the court had started

    dictating the judgment on @ecember =, 11$. 8

    5 +umbai lower court on 9riday convicted " people, including a police officer, in the

    gang/rape of ilkis ano and the murder of "8 members of her family during the 11Gujarat sectarian riots.

    5dditional sessions judge A.@. Salvi held " of the 1 accused guilty of rape, murder,

    assault, conspiracy and causing enmity between two communities. The remaining seven

    accused, including five police officials and two doctors, were acquitted. 80

    #. +5(!I-IT!

    "1. T5FS5LI"". -5E@5F75@5" . F5G!5J5-AF5

    41 http://www.business-standard.com/article/pti-stories/court-refused-bail-to-con)ict-in-bil(is-bano-case-1130121003 1'1.html

    42 http://www.dnaindia.com/india/report-12-con)icted-in-bil(is-bano-case-sentence-on-monday-114%

    43 http://indiatoday.intoday.in/story/ u$arat5riots:5125found5!uilty5in5 il(is5 ano5case/1/3&02.html

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    19/30

    N!t"#$!% H&'!$ R" ht) C#''"))"#$ (NHRC

    The Eational !uman Fights (ommission >E!F(?, of India is an autonomous statutory body,established on " ctober "##0, under the provisions of &The -rotection of !uman Fights5ct', "##0 >T-!F5?. Eational !uman Fights (ommission submitted its report on Gujaratviolence of 11 , on 0" +ay 11 . The (ommission pointed, the violation of 5rticle " of constitution and other fundamental rights to life, liberty, equality and dignity. #$ The stategovernment and its officials violated the provisions of Indian -enal (ode, (ode of (riminal-rocedure, provisions of maintenance of -ublic rder and Tranquility, the circulars of !ome+inistry on maintenance of communal harmony, issued in "##$ and recommendations of Second -olice (ommission on maintenance of communal peace. #6 The (ommission allegedthe political interference in investigating process and blamed the state government for not

    being able to identify the culprits in cases of violations in rich urban areas. The former (hief :ustice, :.S Jerma, who headed the E!F( >Eational !uman Fights (ommission? said,3The Gujarat carnage was nothing short of war in terms of suffering undergone by theaffected people. !ow is it different from warP 5re their sufferings any less in war. In war

    people die while fighting, in Gujarat, innocent and helpless men, women and children, weretaken out of their homes and burnt alive for no fault of theirs.4

    H&'!$ R" ht) W!t*h (HRW

    !uman Fights 7atch >9oundation ear "#$6? is an international non/governmentalorgani*ation that conducts research and advocacy on human rights. Its headquarters are in

    Eew ork city. In late 5pril 11 , !F7 produced a report on communal violence in Gujarat,titled 37e have no order to save youC state participation and complicity in communalviolence in Gujarat.4 "11 The basic thrust of report was, as its author Samita Earula states,37hat happened in Gujarat was not a spontaneous uprising, it was a carefully orchestratedattack against the +uslims. The attacks were planned in advance and organi*ed withe)tensive participation of police and state government officials.4 "1" The report stated that theattacks were 3state sponsored4 and were planned 3well in advance of Godhra incident.4Jirtually, all blame for Gujarat violence was placed on the Sangh -arivar and the :-

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    20/30

    government. @espite it, the !F7 had made many recommendations to state government of Gujarat and central government of India to provide justice to the victims. "1

    C#$*+ $+- C"t".+$) T "/&$!% G&1! !t 2002 The (oncerned (iti*ens Tribunal, headed byretired, Supreme (ourt of India, :ustice J.F. Brishna Iyer observed that the :- governmentwas responsible for genocide in Gujarat. This report clearly established that (hief +inister

    Earendra +odi was the chief architect of all that happened in Gujarat after Godhra trainincident 9ebruary $, 11 . The state government under (hief +inister, Earendra +odi, took an active part in leading and sponsoring, the violence against the minorities in Gujarat. TheFSS and J!- control key functionaries in the State. The (hief +inister was an FSS

    pracharak . In the report, it was clearly written in the beginning, 3The post Godhra carnage inGujarat was an organi*ed crime perpetrated by state's (hief +inister and his government.4 "10

    P+# %+3) U$"#$ D+'#* !t"* R" ht) (PUDR The -A@F, one of India's premier humanrights organi*ations, in its report >+ay 11 ? titled “Marro, Kaapoo, Baaro: State, Societyand Communalism in ujarat,! observed, 3the whole intent of pogroms has been to reduce+uslims to second class citi*ens in their own country. The civil liberties of people wereviolated. There was absence of rule of law and the state connived in this. 5lternately, the :-state government did not allow the Gujarat police to function properly. The +uslims werekilled inside the government and the official buildings, police killed those who were beingattacked by rampaging mobs. 9IF's were not properly written. There e)isted a pre/plannedstrategy. The report also provides detailed lists of people, named as organisers and attackers.+any of these are functionaries of ruling party, the :-,J!- and ajrang @al. It demandedthe dismissal of Earendra +odi government in Gujarat. "18

    EN4UIRY COMMISSION REPORT

    TEWATIA REPORT:

    The (ouncil for International 5ffairs and !uman Fights is deeply concerned over theGodhra carnage that consumedIt is a gross violation of human rights of innocent citi*enswho were roasted alive or brutally killed or maimed for no fault of theirs.

    =6 pilgrims, including % women and " children

    The team left for Gujarat on 5pril " and returned on 5pril $, 11 .

    The (ouncil is e)tremely grateful to :ustice Tewatia and his team for conducting thestudy and producing a comprehensive report.

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    21/30

    5@+IEISTF5TIJ; F;S- ES;

    ased on the information collected from official and non/official sources at Godhra,5hemdabad and Jadodara the Study Team is of the considered opinion thatC

    ". The local administration did not respond with speed to the Godhra carnage. The policeremained a passive spectator and hesitated to use force against the miscreants. It made noattempt to apprehend the leaders of the mob that indulged in burning alive innocent

    pilgrims returning from 5yodhya. !owever, the administration took preventive measuresafter the J!- gave a call for Gujarat bandh in protest against the attack on the train.

    . In Godhra, Jadodara and 5hmedabad the police tried to control the rioting mobs but,more often than not, failed, as the police were outnumbered 2 th+ '#/) 5+ +&$+6 +*t+-% %! + !$- th+ #%"*+ 5+ + "$!-+8&!t+% ! '+-9 I$ *+ t!"$ *!)+), th+'#/ *! "+- '# + %+th!% 5+! #$) th!t th+ #%"*+ h!-9

    0. The administration was not prepared to handle massive migration of riot affected people of both the communities and did not have any idea of the quantum of the relief and rehabilitation work required.

    8. (o/ordination between the administration and the EG s was inadequate.

    =. Training and drills for managing communal tensions was conspicuous by its absence ina state that periodically witnesses communal fren*y.

    %. Socio/psychological understanding of the communal divide is lacking amongst theofficials.

    $. The adverse comments on the transfers of officials in the media and not so much theactual transfers demotivated the official machinery.

    6. 5t many places policemen did commendable work of protecting life and property.

    #. -olicemen, by and large, responded to the situation without communal bias.

    @;-L +;ET 9 5F+

    There has been lot of comments on the timing of the deployment of army in various

    urban and rural areas in Gujarat after the outbreak of violence. 5lthough the team did nothave enough time to go into the question in depth, the information made available to itshows that there was no delay on the part of the Gujarat Government in summoning anddeployment of troops. 5 comparison with the past is presented for a proper perspective.

    F;LI;9 5E@ F;!5 ILIT5TI E +;5SAF;S

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    22/30

    ". +any persons of both the communities whose houses were burnt or destroyed fled andcame to the nearby towns for shelter.

    . +any persons who feared an attack on them also fled and gathered in nearby towns.

    0. The State Government arranged for shelters called Felief (amps to provide safetemporary shelter to the displaced persons.

    8. +any voluntary organi*ations of both the communities also opened Felief (amps for the displaced persons.

    =. The Government managed some camps while other camps were run by the voluntaryorgani*ations.

    %. +ost of the inhabitants in the camps remained unoccupied, leading to idle talk andfurther reinforcement of views on communal basis.

    $. The inhabitants did not feel confident and safe to go back to their respectivehabitations.

    S (I /;( E +I( -F 9IL;S 9 T!; FI TIEG + S

    > ased on information collected from officials and public, no direct observation?

    ". +uslim mobs predominantly included persons of lower socio/economic strata.

    . +uslim mobs included many known faces but number of persons not earlier seen in

    the locality was also very large.

    0. !indu mobs, especially during the first week of +arch, comprised a mi) of people belonging to lower, lower middle and upper middle socio/economic strata of the society.

    8. Involvement of upper middle class !indus in arson and looting is a phenomenon seenfor the first time in the country.

    =. The !indu mobs appeared to be more interested in destroying the property of selectedestablishments of +uslims. It was reported that a chain of restaurants with !indu namesand owned by a +uslim family was targeted because of the perception that lot of money

    from gulf countries had been invested thereby putting !indu competitors at adisadvantage.

    %. 5nother new phenomenon reported to the Study Team was the presence and active participation of women in the mobs.

    IEJ LJ;+;ET 9 TFI 5LS

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    23/30

    ;arlier in Gujarat, tribals never got involved in the !indu/ +uslim riots. !owever, their involvement in post Godhra riots added a new dimension to the communal violence. Inrural areas the vanvasis attacked the +uslim moneylenders, shopkeepers and the forestcontractors. They used their traditional bow and arrows as also their implements used tocut the trees and grass while attacking +uslims. They moved in groups and used coded

    signals for communication.

    Two factors seems to have contributed to this disturbing phenomenonC

    ". 5 delegation of tribals told the Study team that the +uslim moneylenders, shopkeepersand forest contractors have been e)ploiting the tribals for decades. They chargede)orbitant rate of interest to money loaned to tribals. In certain cases the rate of interest isas high as =1 per cent per year.

    !aving got into this never/ending vicious circle of loans, the tribals have been reduced tothe status of bonded labour. Tribals working as servants are ill/treated by these money

    lenders who happen to be +uslims.

    Th+ !**&'&%!t+- !$ + # +! ) # +6 %#"t!t"#$ /+*!'+ +6 %#)";+ 5h+$'#$+ %+$-+ ) )+6&!%% +6 %#"t+- th+" 5#'+$ #%

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    24/30

    Their strategy is to keep India engaged in communal and caste strife so that the nation'sfocus on development is defused and its endeavour to emerge as a super/ power isthwarted. It would surprise no one if -akistan with the tacit support of not/so/friendlyneighbours and world powers hatches conspiracies to destablise and weaken the IndianState.

    5 careful and in/depth analysis, if carried out with an open mind, would throw open anaction plans where terrorist activities appear to be merging with the already e)istingstrong antagonism between +uslims and !indus. ur hostile neighbour, sometimes inthe guise of a friend, keeps on creating wounds on the body polity of our nation.

    (reation and perpetuation of Bashmir problem is one such e)ample. The support to theauthoritarian regimes in -akistan by AS5 and ;uropean countries speaks volumes aboutthe super power's commitment, or lack of it, to democratic values. Godhra and the widespread communal violence in Gujarat in recent weeks is a part of this nefarious design.

    The Study Team concludesC

    ". urning of =6 !indu pilgrims at Godhra on $.1 .1 was an act of internationalterrorism carried out with the evil objective of pushing the country into a communalcauldron.

    . The plan was to burn the entire train with more than two thousand passengers in thewee hours of 9ebruary $, 11 . It was a terrorist action plan that partly failed. The

    perpetrators of the terrorist acts received support from jehadi elements operating fromGodhra. These included some (ongress members of the Eagarpalika.

    ". -reparations for enacting Godhra carnage were made in advance.

    . There were no quarrels or fights between !indus and +uslim passengers on the train.

    0. There were no quarrels or fights between the vendors and the !indu pilgrims on the platform of Godhra Failway Station.

    8. The intention of the mob was to put to death all the pilgrims travelling by theSabharmati ;)press.

    =. The fire fighting system available in Godhra was weakened and its arrival at the place

    of incident wilfully delayed by the mob with the open participation of a (ongress(ouncillor, !aji alal.

    %. The demographic changes in Godhra in recent years have made it a centre for jehadiactivities.

    $. The 5rmy was requisitioned and deployed in time.

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    25/30

    6. Th+ #%"*+ 5!) #$ '!$ #**!)"#$) #;+ 5h+%'+- / th+ "#t"$ '#/) th!t 5+ +'!))";+ !$- *! "+- '# + %+th!% 5+! #$) th!$ th+ #%"*+ -"-9

    #. -olice did not have the training and know/how to mange situations of communal strifewitnessed in the state in recent weeks.

    "1. arring a few e)ceptions, the police was not found to be communally motivated.

    "". 9requent deployment of army for internal management weakens the defence of our international borders and facilitates infiltration from across the border.

    " . The local administration and police at Godhra did not take adequate and promptaction even after the receipt of information about the attack on the train by an armedmob. The local police was reluctant to use force against the rioting mob and made noattempt to arrest the leaders of the gang.

    "0. The local administration and the police should have been on the alert in view of thedemographic and political changes taking place in the town.

    "=. The administration in Godhra, 5hmedabad and Jadodra was on the whole sensiti*edto the plight of +uslim minorities in their respective areas. !owever, the police failed to

    protect the citi*ens from fren*ied mobs indulging in arson, looting and killing.

    "%. The relief work was carried out by establishing relief camps for victims of the riots.There are separate camps for !indus and +uslims. Fefugees are not satisfied with thefacilities available in the camps.

    "$. Fiot/affected citi*ens belonging to both the communities are reluctant to go back totheir homes due to communal tension and apprehensions about violence.

    "6. 5lthough Gujarat is a state notorious for communal riots, the bureaucracy and the police are not trained to handle communal riots and to take pre/emptive action to preventsectarian violence.

    "#. 5lternate strategies to mange communal divide have not been worked out.

    1. 5dverse media reports about role of officials affected their performance and de/motivated them. Several officers were reluctant to take firm action.

    ". Gujarati language media was factual and objective. et its propensity to highlight thegory incidents in great details heightened communal tension.

    . ;nglish language media, particularly the @elhi -ress, is perceived by the Gujaratis to be biased. The information disseminated by it was neither balanced nor impartial.

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    26/30

    0. y converting half/baked news stories into major headlines, print as well aselectronic media widened the psychological hiatus between +uslims and !indus.

    8. y disseminating half/truths and lies, the media played no mean role in distortingcountry's image in the 7orld.

    =. The credibility of the media both electronic and print is at dangerously low ebb inGujarat.

    The sectarian violence in Gujarat that began in Godhra on $.1 .1 can be divided intofour phasesC

    ". The first phase was Godhra incident which was planned and e)ecuted by acombination of e)ternal and internal jehadi forces. It lasted for less than an hour.

    . The second phase was the reaction of Godhra where !indu pilgrims were roasted alive

    in the train. The backlash was very intense for 0/8 days. !owever, sporadic incidentscontinued for several weeks.

    0. The third phase began on "=.10.1 after a +uslim mob attacked a !indu processionchanting Fam dhun. ;)tensive media coverage of this attack provoked yet another roundof communal riots that lasted for 8D= days.

    8. Sectarian violence continues even more than a month after Godhra. This fourth phaseof violence has no provocation or justification other than to sustain the 3Femove +odi4campaign. It is the constitutional duty of the State Government to protect citi*ens andmaintain law and order.

    It ") !%)# "$ th+ ! t")!$ "$t+ +)t # th+ &%"$ ! t "$ th+ )t!t+ t# &t !$ +$- t# th+*#''&$!% ;"#%+$*+ !) "t) *#$t"$&"t "$ # "*+ -+ +$-) #$ h#5 )##$ !$- h#5+ +*t";+% "t *#'/!t) ;"#%+$*+9 It "), th+ + # +, h! - t# +1+*t Ch"+ M"$")t+ 3)*#$t+$t"#$ th!t th+ C#$ +)) ! t th!t h!) ! ;+)t+- "$t+ +)t "$ +tt"$ h"' )!*

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    27/30

    role of the opposition is negative. It is encouraging +uslim outfits to involve foreign powers in their 3oust +ody4 campaign.

    #. n the world canvass today strong indicators are visible that point to a concertedeffort by jehadi forces to slow down ever/ increasing importance of India in the world

    affairs.

    01. There are also concerted efforts to disintegrate India, politically as well asemotionally.

    0". There are elements within the country that help and collaborate with the forcesinimical to India.

    0 . The governing class in India is ignorant or wilfully blind to the threat perceptions posed by the jehadi forces.

    G9T9 NANAVATI COMMISSION: This (ommission was set up in 11 by the Gujarat

    Government to probe both, fire in Sabarmati ;)press at Godhra on 9ebruary $, 11 and

    post/Godhra riots in the state.

    It submitted the first part of its report related to the Sabarmati ;)press in 116, which

    said that the train burning was a 3pre/planned conspiracy4 involving some individuals.

    The same year, after the death of :ustice B.G. Shah, retired !( :ustice 5kshay +ehta

    was appointed to the (ommission.

    The Eanavati (ommission report makes it clear that, 3there is absolutely no evidence to

    show that either (hief +inister and any other +inister in his (ouncil of +inisters or

    police officers had played any role in Godhra incident.4 It gave a clean chit to

    government and Earendra +odi.

    n "6 Eovember 1"8, the final report was submitted by the (ommission to the Gujarat

    government.88

    The state/appointed (ommission, headed by Fetired Supreme (ourt judge:ustice GT Eanavati, had taken 8 e)tensions over the last " years. In its final report, the

    (ommission was e)pected to give its opinion and recommendations on the roles played

    44 http://www.thehindu.com/news/national/2002-!u$arat-riots-nana)ati-commission-submits-,nal-report-to-!u$arat-chief-minister-anandiben-patel/article6611260.ece

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    28/30

    by various politicians including -rime +inister Earendra +odi who was the (hief

    +inister of Gujarat at the relevant time along with a number of bureaucrats and police

    officers in the Gujarat Government, who had or have been holding top positions. 8=

    Fefusing to divulge the contents of the 111/page final report, :ustice Eanavati said, KItwould be a breach of conditions of the Legislative 5ssembly.... It is up to the state

    government to make it publicK. 8%

    In Independent India, communal violence has been going on throughvarious ups and downs and has started becoming worse from the decade of "#61s when the politics around &Shah ano', &Fam +andir' and later the

    politics of &Fath atra' and & abri +asjid' demolition took the ugly shape.The Gujarat riots in 11 had shaken the whole country very badly andthere were voices that the e)isting laws do not permit intervention by the(entral Government and, therefore it was felt that there should be a separatelaw to prevent recurrence of such carnage resulting in the death of thousands of innocent people and bringing shame to our country. It is necessary to have anew law aimed specifically at communal violence. It was in this conte)t that the draft of

    the ill prepared by a 7orkingGroup of the Sonia Gandhi/led Eational 5dvisory (ouncil >E5(?, bearing thetitle 3-revention of (ommunal and Targeted Jiolence >5ccess to :ustice andFeparations? ill, 1""4 came into being ."The ill is a pro/active measure to prevent communal violence,rehabilitate those affected by violence and make the officers accountable for such atrocities. The ill was originally introduced by the Anited -rogressive5lliance >A-5/I? Government in 11= but could not get -arliament's approvaldue to many factors, including the raw nature of the legislation.The E5( goes beyond the e)isting legislation in four significant ways, itrecogni*es identity/based or targeted crimes and organised mass violence as

    special offences, while placing accountability of public officials at the heart of

    4% httpCDDindiane)press.comDarticleDindiaDgujaratDnanavati/commission/submits/final/report/on/ 11 /gujarat/riotsDQsthash."+f 8 %*.dpuf

    46 http://www.ndt).com/india-news/nana)ati-commission-submits-,nal-report-on-!u$arat-riots-6 %##

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    29/30

    the law, with varying penalties for dereliction of duty. 9inally, it provides for the creation of a Eational and State 5uthorities to ensure the liability of publicofficials as well as to ensure justice and reparation once in the wake of violence.The proposed law will be a (entral enactment and is brought to curb the

    communal riots taking place between majority and minority community. Theill was awaited with great hope by not just minorities, but by other secular citi*ens as well who are intensely concerned about imminent and seriousthreats mounted to the secular character of our society and polity.It was indeed good news for all those who have been fighting against theevil of communal violence which erupts in our country at regular intervals. Itwas felt that such law must come into effect as early as possible so that futurerecurrence of communal violence may be prevented. It is also important to note

    that present laws are sufficient to take care of any communal situation but problem is that these laws are not honestly implemented.

    7pparently 8 re)ention of ommunal and 9ar!eted iolence 7ccess to ;ustice

    and 2011? is brou!ht to curb the riots ta(in! place betweenma$ority and minority communities. 7fter the alle!ed post-!odhra riots in

    u$arat> the so called secularists are !oin! pillar to post to brin! this

    enactment. o called social acti)ists li(e 9eesta ettlewad> 7s!ar 7li @A!ineer

    are the people in)ol)ed in pushin! this draft bill. 4&

    4& https://www.hindu$a!ruti.or!/acti)ities/campai!ns/reli!ious/communal-)iolence-bill/

  • 8/18/2019 COMMUNAL VIOLENCE IN INDIA IN THE LIGHT OF GODHRA INCIDEN1.docx

    30/30