The Secularity of India

Mr thiasi,
i do not think indians need to delve upon insights on DEMOCRACY and SECULARISM by citizens of the ISLAMIC republic of Pakistan. With all due respect sir.

Nikki7777,

Asghar Ali Engineer is an Indian - a very socially conscious one at that. Has done an
enormous amount of grassroots level work. He may have his biases, but his heart is
very much in the right place.

What I find odd is his not-so-occasional desire to do the India-Pakistan one-upping -
he does indulge in that. Perhaps this is the Deobandi influence.

nikki7777
Engineer is a wellknown Bohra who got excommunicated by the head of the religion. He is a good friend of Bidwai,etc, so probably does look for the bad, but I don`t think he would make it up entirely. The thing is, we find all our own faults, and people like omar don`t understand that-we don`t pretend there are no faults. Plenty of bonded labour in pakistan too, but that`s neither here nor there, it shuldn`t be anywhere.

rahul_capri #251 You make a number of good points, and I have the following comments:

1. On negative profiling of Islam where I said I was not concerned, and you respondied by saying ``You should be.The more important issue here(than the issue that what exactly is the essence of Islam)is that sharia and other holy scriptures continue to be used by some sectarian elements to spread communalism and hype up imaginary issues for muslims. ``

What I meant was negative profiling of Islam by nonmuslims which is what does not bother me. That does not concern me for reasons I provided. It is the incorrect representation of Islam by ``muslims`` themselves (I call them ``maudoodiites``) that does concern me. This ``khhota islam`` of shariah is indeed very damaging to muslim societies, since (as you indicate) it raises false issues (e.g. the haj subsidy issue we discussed earlier) and hides true ones (e.g. mass illiteracy, poverty, dysfunctional legal frameworks, usurping of the constitution and of democratic processes).

So, I am in full agreement on this point. This is a big, big problem.

2. You write ``And here I support Faruk when he says that you have to get out of the belief that Islam is perfect, or for that matter, any religion is perfect.Nothing that can evolve is perfect.``

Depends on what you define Islam to be. If you restrict it to certain universal principles that are emphasized (not just referred to in passing, as in case of the haj, for example) in the Quran over and over again (equality and brotherhood of all mankind, individual responsibility for knowing the difference between right and wrong and for one`s actions, kindness and compassion), then I will accept them as ``perfect`` in the sense of providing one with a moral compass. These values one can take as given and adjust one`s actions accordingly. I have no problem with that. But this is an Islam that disappeared from the muslim world centuries ago.

What you and Faruk refer to (and for understanble reasons) is ``perfection`` as the maulvi understands it and as many non-maulvi muslims take for granted. That is total rubbish and flies in the face of Islam as I understand it. Thus, using my common sense (which, per the Quranic Islam I mentioned above, I have a responsibility to do), it is clear that the shariah has no religious standing. It is the creation of men. Even the Quran itself was not conveyed to the prophet in writing - he relayed the message, and later scribes put them together. Indeed we even had different versions of the Quran floating around in the far flung corners of the recently created islamic empire until the third caliph (usman) had the scribes come together to agree upon a standard text. So, there is even room in the Quran for some human error to have been introduced. That is why it is so important not to get lost in the trees (the individual verses), but to see the forest (things that are emphasized in the Quran over and over again - these things are the values I mentioned above).

Long post again, sorry. (This perversion of Islam in muslim societies obviously gets me all worked up. :-)

Posted once or twice before. A summary of Constituent Assembly debates on pluralism/secularism.

http://www.india-seminar.com/1999/484/484%20chiriyankandath.htm

Constitutional predilections

James Chiriyankandath

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#249 Faruk .Sorry for the confusion. I realize your point.Since the personal law contains pointers to shariat, so amending shariat is not required. Just the pointers can be modified to point somewhere else. Is that correct?

#222..omar...grandstanding again ,huh??....your mouth doth stink from all that ass-lickin` you must be doing to keep your job!!!. I can`t wait for a rejoinder!!...

Again, another dirt digging from mullah omar...This article is further proof that india is a democratic society that is honorable enough to display its warts and all, for everyone to see.An we have an india hating ,ass licking pakistani parasite to thank for furthering the cause. Thank you , omar.

-- wow egg celent -- editors: how do u justify letting this post go through?

nikki, i dont think your last posting warrants a rebuttal, you have displayed for all of us your severe lack of intellect and expansive vocabulary, and actually this board of chowk certainly isnt a sign of indian democracy -- the article is written by a pakistani and the response to it by the indians is proof that at least some of the people who interact here and who happen to be of indian origin are mostly intolerant bigots and morons, and they do not know how to carry on a discussion -- that to most people would seem sign on a pretty undemocratic society

nikki trust me -- most people would hate you or at least your persona on this site -- doesnt matter what nationality u r --

Communal Riots - 2002

by Asghar Ali Engineer


[ 17 January 2003]

India could not free itself of curse of communalism even more than fifty years after independence. If anything it has been getting worse year after year. There has been not a single year in post-independence period, which has been free of communal violence though number of incidents may vary. The year 2002 has been one of the worst years in this matter right from the beginning as the Gujarat carnage began in the very beginning of the year. We will come to this carnage little later.

In the year 2002 the first reported riot took place in Kozhikode (Calicut), Kerala on 3rd January. In the clashes between two communities (Hindus and Muslims) five persons were killed. The clashes occurred on the question of eve teasing. The whole region came in the grip of violence. More than twenty persons were injured including five women. Properties worth lakhs of rupees were destroyed. A heavy police bandobast was made to bring the situation under control. Kerala is generally thought to be free of communal violence. But occasionally it also experiences such frenzy and bout of communal violence. However, it is generally brought under control as the Kerala government usually does not allow things to go out of had.

Gujarat was next to come under intense bout of communal carnage. It was of the kind, which India had never experienced accept at the time of partition. The communal carnage in Gujarat shook whole world. It was difficult to believe such intense communal frenzy could be incited by the BJP for its political gains. More than 2000 people were killed most cruelly in this carnage according to very reliable sources though the Government admits only about 1000 dead.

The communal carnage began with burning of coach S-6 of the Sabarmati Express coming from Ayodhya and bringing kar sevaks. Godhra is communally highly sensitive and yet the Narendra Modi government took no steps to prevent such incidents. The kar sevaks, as usual, deliberately or otherwise, provoked Muslim vendors on Godhra station including dragging a Muslim girl towards the coach. There was no police on the station despite intelligence reports warning against communal violence.

It is alleged that a mob of 1500 persons (mostly Ghanchi) Muslims collected and set fire to coach S-6. But it still a mystery as to who set fire to the coach. The forensic report says that the fire was lit from inside the coach, not from outside and t required at least 60 litres of inflammable substance like petrol to do the job. The Concerned Citizens Tribunal comprising retired Supreme Court Judges and other eminent S-6. Nothing can be said with certainty. This happened on the morning of February 27 and hell broke loose all over Gujarat on 28th February.

The VHP, the Bajrang Dal and BJP gave a call for bandh (Gujarat-wide strike) on 28th February and violent incidents started from the morning of 28th February, particularly in Ahmedabad. And before the sun set on 28th February more than 100 persons were killed in Ahmedabad alone. Most ghastly incidents took place in a place called Naroda Patia where more than 80 persons were burnt alive including women and children and number of women were raped in full gaze of public. The other ghastly incident took place in Gulbarg Society, Chamanpura where about 40 persons were burnt alive including the ex-M.P. of Congress Ahsan Jafri.

What is worse the Chief Mister Narendra Modi justified such frenzy and described it as reaction to action in Godhra. And all this happened with full complicity of the police and bureaucracy. The honest officers who did not allow carnage in their areas were instantly transferred by the Modi Government.

Some ministers who led the mobs have been named in FIRs. Many mosques and mausoleums were demolished and ground was leveled. Some accounts maintain about 700 such religious structures were brought down or severely damaged. Ahmedabad, Baroda, Mehsana and Panchmahal districts were the worst affected districts covering entire north and central Gujarat. There have been various estimates of the properties destroyed but generally it is maintained properties worth more than 10,000 crores were looted or burnt. The business lost due to closures and migration of labour is several times this figure. Hundreds of Muslim families were totally uprooted. The carnage continued for more than five months.

We have written a great deal on this already and much has come to light in various investigative reports, National Human Rights Commission report and other reports. It is record that more than 30 such reports were prepared by various committees, a record for any riot so far. It was a one sided carnage and not a riot in usual sense. Suffice it may to say that it will go down I history as the worst communal carnage in history of India.

The next riot took place in Kaithal, Haryana. Though the cause of the violence on disturbances on 28th February is not clear but it seems to be related to Gujarat incidents. According to The Hindustan Times report Shiv Sena, VHP and Bajrang Dal mobs pulled down a mosque and caused extensive damage to two others. They damaged at least four mazars (mausoleums) and enforced a complete bandh. Prohibitory orders were later clamped down on the town.

According to HR correspondent ìthe administration acted only after the damage had been done.î According to him a mob started out in the morning, brandishing unseathed swords, iron rods, sticks and other weapons and forced shopkeepers to pull down their shutters. When they reached a mosque near a school, they barged into the building and started pulling it down. They climbed the dome and pulled it down while people watched the whole operation. The police made only feeble attempts to stop it. The mob later demolished the mausoleum of Pir Nurani Badshah and three other mazars were extensively damaged which are visited mostly by Hindus.

A mosque near Ambedkar chowk was damaged by rampaging mob and pulling down portions of another mosque and a house belonging to a cleric behind the mosque was set afire. This extensive damage was done to several mosques and others were demolished. All this was naturally shadowed by the developments in Gujarat.

During the Maharashtra bandh call given by the Shiv Sena, VHP and BJP on 1st March to protest the setting ablaze of coach of the Sabarmati Express on 27th February in Godhra a violent mob went on rampage in Murbad 80 kilometer from Mumbai. Fortunately Murbad was the only town affected during the call for bandh by the Sangh Parivar.

During the bandh in Murbad the Bajrang Dal morcha began looting and burning Muslims shops. According to the report released by the Maharashtra Minorities Commission Inspector Vijay Jagtap, the officer in charge in tehsil town of Murbad went down on his knees to plead with the mob to spare the madrasa. However the mob of Bajrang Dalis was determined to attack madrasa and shops nearby. It burnt down six shops in the market.

It also looted the houses of two prosperous grain merchants and set fire to a jeep belonging to a transporter. The bandh was total and all shops were closed. The mob was also determined to attack the families of some of the well to do Muslim shopkeepers. But they fled minutes before the attack and saved themselves. According to the SP. Police Thane rural Inspector Jagtap was outnumbered by the Bajrang Dal mob. He had just four constables with him. Murbad has no history of communal riots but now Shiv Sainiks and Bajrang Dal and VHP are becoming aggressive in all places and disturbing communal peace at any available opportunity.

The Police claimed that it fired 13 rounds in the air but the Minorities Commission said that it did not come across anyone who could corroborate the police claim. The Police claimed that they had arrested 32 people including the local Bajrang Dal leaders and charged them with attempted murder, arson and loot. The Muslims are a microscopic minority in Morbad and are afraid of giving any details of damage to the madrasa and are praising the role of the police, according to the Minorities Commission.

On 17th March communal incidents took place in Loharu in Bhivani district of Haryana. Loharu was once under a Muslim ruler and was know as Nawwaab of Loharu. There is thus Muslim population in this town. A mob of three hundred incited by the rumour of cow slaughter attacked two mosques and at least 15 shops and houses belonging to the minority community. The police had to fire in the air when the mob could not be controlled by can charge.

When the people belonging to the majority community heard that a cow has been taken for slaughter in one of the mosques, it set out to attack and set fire to this mosque and shops near the mosque were also not spared. According to a UNI report quoting the police sources said that a mob of 300 Shiv Sainiks set fire to another mosque near the railway station and set fire to many shops in Purana Bazar. And in this area all 15-20 shops and houses belonging to minority were burnt down. The palace of Nawwab of Loharu was also surrounded by a mob but additional reinforcements were requisitioned from other places and the palace was saved from being damaged.

Next incidents of communal violence took place in three places in Rajasthan in which three persons were killed on 25th March on the occasion of Muharram. The immediate provocation was the holding of poornahuti yagnas (a Hindu religious ritual) and kirtans for the Ram mandir at various temples on the route of tazia processions.

Curfew had to be clamped in the town of Gangapur, 80 kms from Sawai Madhopur, in central Rajasthan where 3 people were killed and 15 injured in police firing. According to the police violence broke out when activists of the VHP, BJP and Bajrang Dal collected at an ancient Hanumanji mandir for a yagna and kirtan. The police asked them not to gather but they defied police orders and began to shout provocative slogans when the tazia procession came closer to the temple. The police was compelled to open fire when tear-gassing and can charge had no effect.

The Gangapur city has 25% Muslim population and earlier was considered to be the stronghold of SIMI (Students Islamic Movement of India) in Rajasthan. It has always been prone to minor communal irritations although this is the first time that violence has erupted on such a large scale. In different parts of Southern Rajasthan where the Sangh Parivar has strong presence communal tension was simmering. But the situation was kept under control.

Gujarat was still simmering on the occasion of Holi in the last week of March. A Home Ministry official said on the eve of Holi that there was tension in Anand, Vadodra and Ahmedabad and the army had been called in again to stage flag march to instill a sense of security. He also said that stray incidents of communal violence had also taken place in Rajasthan, Haryana and Uttar Pradesh.

On the occasion of Holi on 30th March four persons were killed in communal violence in Akola. Of these four three were killed in police firing and 15 others were injured. The provocation was reportedly due to throwing of colour on a mosque in the old city area on Friday by some miscreants, Pankaj Gupta, Inspector General of Police, said. The police intervention arrested the situation from getting worse. Two persons were arrested for colour throwing. Incidents of stabbing and stone throwing again took place on Saturday after namaz when the police was making some arrests. However, according to Minority Commission Chairman of Maharashtra seven persons were killed in Akola disturbances and he has blamed the police for mishandling the situation.

In Haveri, Karnataka also the police had to open fire on the day of Holi to disperse two clashing groups, which were on the rampage and set fire to a few shops during the Holi revelries in Rattihalli, near Haveri. The disturbances started when some people belonging to minority group objected to the Holi procession which the other group ignored and went ahead with their programme.

On 5th April 3 there were bomb explosions outside three mosques in Hugli district, near Kolkata. Eight persons were injured in these explosions after the Friday prayers. When the police reached Chndr Nagor area of Sikon Bagan, the miscreants attacked the police with stones and ran away. There was hand grenade with one of the miscreant, which exploded and he was critically injured. Paramilitary forces and Rapid Action Force was called in to control the situation. In these disturbances one person died and 7 were injured and 30 persons were arrested.

Bahraich town in U.P. witnessed communal flare up on 1st April when some temples were desecrated and in retaliation a mausoleum was desecrated. The Purana Bazar locality of Nanpara area was gripped with communal tension as a result of the desecration. One person was arrested and security was tightened.

On April 10 Kalyan some 80 kms from Mumbai flared up resulting in loss of three lives. This was result of an old feud between two persons belonging to two different communities. Soon it resulted in mob violence, arson and loot. Curfew was imposed on the area. The clashes turned into communal one as the Shiv Sena claimed that of those dead, one is a Shiv Sainik. The police resorted to firing 10 rounds as the mob attacked the police van. The incidents started when a horse-carriage owner Salim Sheikh stabbed Ashok Walunj and Walunj stabbed Sheikh. Walunj died. Sheikh was also critically injured.

Walunjís mother died of shock and Sheikhís wife Naseem also died of wound. On hearing this a mob of 400 persons gathered leading to arson and loot. Fifteen houses, including a shop belonging to a Shiv Sainik, were burnt. Rohidaswada where the incidents took place has often witnessed communal tension.

On 20th April, communal clashes started after murder of a student who was allegedly killed by some people belonging to minority community. Security was tightened and Rapid Action Force was also deployed. Curfew was imposed after explosion of bomb near a police van. According to the police there was bomb explosion at one more place. Five persons of minority community were arrested. After the incidents in Mahow there were communal disturbances in two more villages in the vicinity. In Ashapur Gaon a person from minority community was shot dead and in Choradia too, one person from minority community was shot dead.

On 13th April two persons were killed in Nandurbar in Maharashtra one of whom was killed in police firing. Six were injured in the firing. One who was killed in police firing was Yogesh Rathore. Nandurbar is a tribal dominated town bordering Gujarat where communal violence continued since February. Trouble began in Kali Masjid locality when two groups clashed on game of cards. It soon turned into large-scale clashes next day. People threw stones and attacked each other. Deputy Superintendent of Police was also injured during these clashes. Seven houses were burnt in the town. Two journalists were also injured.

On 13th May in Saharanpur in U.P there were two bomb explosions outside a mosque, which resulted in communal tension. One more bomb was found in a shoe. There was a chit with it on which ëArya Senaí was written. It happened in Khan Alampura locality. On 14th May there were clashes between Hindus and Muslims in Badaun in U.P. on account of personal feud in a marriage. There was private firing and stone throwing in which 12 persons were badly injured. The clashes lasted for nearly three hours when police controlled them. The mob began setting fire to various properties. Sixty persons were arrested by the police.

On Ist June there were communal clashes in Tilaknagar area of Bangalore. The clashes started when some one took objection for taking out procession in front of a mosque. There was firing by the police to disperse the mob. One person was stabbed and thirteen persons were injured. Sixty persons were arrested by the police. The mob was indulging in stone throwing and setting fire to properties.

On 19th June three persons died in Jamner taluka of Jalgaon district two of whom died in police firing. One five -month old baby died of suffocation when its mother held it tight to her bosom to save the child. Of the three persons one died in police firing and two were burnt alive and one stabbed to death. 40 persons were injured. There was tension in the town since 7th June when a dead animal was thrown outside mosque. To start the riot one Ratnakar Padmakar Joshi stole the silver eyes of Hanuman idol on 15th June. He was arrested by the police and silver eyes were recovered from him. Subsequently the toll in Jamner rose to five and 22 were injured.

The one who died in police firing was Yusuf Khan Aziz Khan Pathan (32). Two others, Ramesh Mali (55) and an unidentified driver of a tempo were burnt alive while Shaikh Gulab Sheikh Aziz (24) was stabbed to death.

Subsequently the disturbances started in Jalgaon and Bhusaval too on 20th June. The Hindutvawadis declared bandh in the district and properties were set on fire. A driver Haji Riyaz Ahmed was burnt alive and many trucks and tempos were burnt in Jalgaon area. More than 100 persons were arrested. One Anis Ahmed was seriously wounded when attacked with sharp weapons. His intestines came out but he survived. One Rukhsanabi and her husband Abdul Aziz were also seriously wounded on the bandh day in Jamner. Some Hindus saved the lives of Muslims in Shashtrinagar.

In Pune there was an attempt to provoke communal riot on 31 July by throwing eggs wrapped in paper on three Ganesh temples. There erupted violence after discovery of these eggs in these temples. The police resorted to lathi charge to disperse the crowd. The security was tightened and three companies of state reserve police force was brought and 4 companies of strike force was also put in charge. These eggs were thrown near Ganesh temples in the darkness of night. As soon as this news spread people collected and began raising slogans. They divided themselves in three groups and forced people to close their shops. One group consisting of 400 persons proceeded towards a mosque despite the police attempt to dissuade them. They began stoning the Muslims coming out of mosque after prayer and Muslims also began throwing stones. Police resorted to cane charge and dispersed the crowd. The police said that Muslims showed lot of patience and this helped. However, the BJP convenor Khardekar gave call for bandh and this increased the tension. I is suspected that a Hindu Mahasabha ember is responsible for throwing the eggs.

On 21 September there erupted communal violence in Veejapur taluka of Aurangabad in Maharashtra on the occasion of Ganesh chaturthi. There was incident of stone throwing on the procession. The mob then set fire to 34 shops, 3 auto rickshaws, 4 motor cycles and one tempo were burnt. Police used tear gas and fired two rounds to disperse the mob. 21 persons were arrested. Six persons were injured. According to the police properties worth 50 thousand were destroyed.

Sholapur in Maharashtra erupted on 11th October in which about 9 persons were killed in all. The riots erupted when some Muslim organisation led by Muslim Vikas Parishad, relatively unknown organisation founded by a former journalist turned leader gave a call for observing bandh as Christian Baptist priest Jerry Falwell in America had called the Prophet of Islam as ëterroristí. The Muslim youth belonging to this organisation tried to force some Hindus to close their shops. The protesters went in procession after prayers on Friday afternoon and threw stones on a Navratri Pandal. Hindus reciprocated and riots broke out. More than 115 persons were injured and police arrested over 500 persons. Subsequently Muslims suffered heavy damages and large number of shops belonging to them were burnt down. Of all the dead five died in police firing and rest in cases of stabbings. The communal incidents went on for two days.

The Muslims suffered heavy damages in these riots. The Muslim leaders alleged that it was an attempt to ruin Muslims economically in Sholapur. A large number of Muslim shops in different areas were looted and then burnt down. They have lost more than 10 crores worth goods and properties.

Yet another communal incident took place in Badlapur in Thane district when some Hindu youth teased a college going Muslim girl on 20th October. There was private firing and five persons were injured. The police reached an hour later to this far-flung place and fired in the air to disperse the mob. The tension was brewing between the youth of two communities for more than a week. The mob set fire to a sawmill, a rice mill, several shops and some houses. 40 shops belonging to Muslims were set on fire, according to some sources. Over forty persons were arrested including two BJP corporators and one Muslim leader.

In Gujarat several places like Mehsana and Baroda witnessed communal frenzy again during and after recent elections in Gujarat. Most of the clashes took place during processions of victorious candidates in election.

On the last day of the year i.e. on 31st December too Gujarat witnessed rioting in Dahor. The communal disturbances started with some Muslims allegedly teasing an Adivasi girl. Both the groups Adivasis and Muslims clashed in which three persons were seriously injured. The police imposed curfew and 30 persons were arrested. Two shops were also set afire. The two groups fought with swords, lathis and other weapons.

Thus the year 2002 witnessed riots throughout India and particularly in Gujarat. As pointed out above Gujarat carnage shook the whole country and created a dubious record of brutal killing of Muslims with state complicity. This year will be remembered for this carnage for years to come.

(Centre for Study of Society and Secularism, Mumbai:- 400 094, India; E-mail:- csss@vsnl.com )

Tribal women paraded naked;
Notice sent to Orissa Government


New Delhi 3 June 2004

The National Human Rights Commission has taken suo-motu cognizance of a news item captioned ``Woman paraded naked`` which appeared in a national daily on 30th May, 2004 wherein it was reported that a tribal woman Newni, was paraded naked in Tainsara village under Brahamanai Tarang police in Sundergarh district of Orissa on the suspicion of being a witch.
According to the press report, the hapless woman who had gone to the house of another person in the village Sukhi Ekka, looking for her son was dragged into the village street and undressed by the crowd which had gathered following the uproar created by Sukhi Ekka`s family. The crowd forced Newni to eat human excreta and later made an unsuccessful attempt to hang her from a tree. She survived because the rope they were trying to hang her with gave way.
Passing the orders, Chairperson Dr. Justice A.S.Anand said that if the allegations are true, they disclose a serious case of violation of human rights and an affront to the dignity of the woman.
The copy of the press report has been sent to the Chief Secretary, Government of Orissa for comments within 4 weeks.

from the NHRC website

---

16. Atrocities on Dalit Women by Forest Officials: Uttar Pradesh (Case No. 2731/96-97/NHRC)

The Commission took suo-motu cognizance of a news item entitled ``Girls paraded naked by the Daroga`` on the basis of a report in a newspaper on 21 June 1996 and called for a report from the Director General of Police, Uttar Pradesh.

In his report, the Director General of Police, Uttar Pradesh mentioned that a case No.49/96 under the relevant sections of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 had been registered against the concerned Forest Officer and four Forest Guards. Upon preliminary investigation, the charges had been proved against all the five accused persons and the State Government had been requested to sanction the prosecution of these persons.

Upon considering the above report, the Commission directed the State Government to grant sanction for the prosecution of the errant officials expeditiously.

In response, Shri Bhagwan Shankar, Special Secretary, Government of Uttar Pradesh informed the Commission that a chargesheet dated 16 July 1998 had been filed in court by the Investigation Officer, Naraini, District Banda. The report of the Superintendent of Police, Banda indicated that the concerned Forest Officer had taken two ladies into his custody. He had later apprehended two more women. The four women were disrobed and later beaten by the Forest Sub Inspector. They were released only after they had agreed to pay a sum of Rs.1000 and give honey to the Forest Department officials. The Commission noted that the involvement of the officials had been proved during investigation and that a chargesheet had been filed. In view of the fact that dignity of the four women had been violated by the Forest Sub Inspector and five officials, the Commission held that the State was vicariously liable for the payment of compensation. Accordingly, the Commission recommended the payment of a sum of Rs.50,000 as interim compensation to each of the four women. The Director General (Investigation) of the Commission was asked to monitor the trial of the case closely.

The Commission has since been informed, however, that the errant officials have filed a case in the High Court of Allahabad, where the matter is now pending.

17. Seven Boys from Balmiki Community Paraded Naked by Police: Haryana (Case No:393/7/1999-2000)

In a complaint to the Commission, one B. Jit Singh stated that on 2 June 1999, an Assistant Sub Inspector and two Constables from the Police Post Khandsa Road, Gurgaon, Haryana had picked up seven boys aged between 7 and 12 years, taken them to the Police Post, stripped them naked and paraded them on the streets. They were also forced to clear garbage from nearby areas. The parents of the children were also insulted. The only fault of boys, it was stated, was that they were playing cricket in their locality and that their ball had landed in the premises of the Assistant Sub Inspector.

Pursuant to the Commission’s directions, two reports were received from the Superintendent of Police, Gurgaon. In view of the inherent anomalies and contradictions in these reports, the Commission, however, directed its own Investigation Division to inquire into the matter and submit a report.

After a thorough investigation, the Commission’s team reported that seven children belonging to Balmiki Community were humiliated, stripped naked, and paraded in the locality and also beaten up by police personnel. In its proceedings dated 2 May 2000, the Commission accordingly held that the concerned police personnel had abused their power. Apart from exhibiting depraved conduct, the Commission held that the behaviour of the concerned police personnel constituted a gross violation of the rights of the children involved. The Commission therefore directed the Superintendent of Police, Gurgaon to file charge sheets against the three errant police personnel under the appropriate provisions of the Indian Penal Code and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989, to pursue the case diligently and also initiate disciplinary action. In addition, the Commission recommended the payment of a sum of Rs. 20,000 as compensation to each of the seven boys. The Commission also observed that the State Government was at liberty to recover this amount from the salaries of the concerned police personnel.

The State Government has subsequently reported to the Commission that it has paid the compensation to the children and was complying with its recommendations.

18. Attacks on Members of the Christian Community in Several States (Case Nos.289/6/1999-2000; 351/6/1999-2000; 295/6/1999-2000; 481/6/1999-2000; 1873/4/1999-2000;1933/4/1999-2000)

Previous reports of the Commission have indicated in detail the steps taken by the Commission to protect the rights of members of the Christian community in the aftermath of the killing of the Australian priest, Mr. Graham Stewart Staines and his two sons in Orissa, as well as attacks on members of the community in Madhya Pradesh and Gujarat. During the year under review, the Commission continued to pay the closest attention to instances when atrocities were reported to have been committed against Christians. At the time of the writing of this report, the Commission had intervened, often by invoking its suo-motu jurisdiction, in twenty incidents in which persons professing the Christian faith had been mistreated, assaulted or even killed in different parts of the country.

In each instance, the Commission called for reports from the highest echelons of the concerned State Governments and pursued matters thereafter. A number of incidents related to Uttar Pradesh. But the intervention of the Commission was also required in respect of incidents that occurred in Indore, Madhya Pradesh; in various locations of Gujarat; in Rewari, Haryana and in Nashik, Maharashtra. Further, the Commission intervened following the killing of a Christian priest, Ashish Prabhash, in Batala, Punjab and the bomb blasts that rocked Churches in the States of Goa, Andhra Pradesh and Karnataka.

In addition to issuing directives as required in these cases, the Commission also received and considered a number of petitions, both from organizations and individuals complaining that such incidents disclosed a pattern of violence against Christians and their institutions, particularly in some States, which created a reasonable apprehension in the minds of Christians throughout the country of victimization and the violation of their human rights. The Commission took careful note of similar apprehensions that were voiced in editorials, articles and news items in the media and the general feeling that they conveyed that there was need to better protect the human rights of the Christian community and the safety of their institutions, as also to ensure that such acts of violence were prevented from occurring in the future. The Commission observed that such apprehensions were of serious concern, that they were shared by many in the country, and that they must be addressed by all the authorities. For this reason, the Commission considered it essential to make an in-depth scrutiny of the situation, not merely by inquiring into the violation of human rights of the section of people involved in the specific incidents on which suo-motu cognizance had already been taken, but also by exploring the avenues necessary for the prevention of any such violations in future, and ensuring that there was no neglect on the part of the public authorities concerned in the performance of their duties.

The Commission therefore issued notice on 21 June 2000 to the Chief Secretaries of all States and Union Territories as well as to the Ministry of Home Affairs, Government of India, calling for reports on the measures already taken in this behalf and the plans of action drawn up by them to meet the situation. Urging all of them to accord top priority to this matter, the Commission pointed out that it was necessary to preserve ``the secular credentials of the nation and to fulfill the promise of fraternity and common brotherhood`` envisaged in the Constitution. The Commission’s decision was based on the need to take a holistic view of the situation as well as to inspire the requisite confidence amongst persons of the Christian community. In response to the notice issued by the Commission, reports were received from all the concerned authorities, who sought to answer in full the concerns raised by the Commission.

On 18 October 2000, the Commission directed the issue of fresh notices to all State Governments inviting their attention specifically to letter No. 9/42/96-CHC dated 22 October 1997 of the then Union Home Minister, Shri Indrajit Gupta, with an annexure thereto addressed to all Chief Ministers of States/Union Territory Administrations and D.O. letters No. 14013/35/98-US (D.V) dated 2 January 1999 and No. 5/98-NIMC dated 28 January 1999 of the then Union Home Secretary, Shri B.P. Singh to the Chief Secretaries/Administrators of all the States/Union Territories. The State Governments were requested to indicate the follow-up action, if any, taken by them to comply with the directions contained in the above-mentioned letters of the Union Home Minister and the Union Home Secretary. The Home Minister had enclosed with his letter the revised ``Guidelines To Promote Communal Harmony`` with a request to the States to take urgent action in accordance with those Guidelines.

Based on an analysis of all the responses received, the Commission is taking steps to call a meeting of the senior officers of the States principally concerned to discuss and monitor all aspects of this matter. It is important, in this report, to recount illustratively the specific action that the Commission took following the murder of Brother George, during the night of 6-7 June 2000, in St. Francis Public School, Mathura, Uttar Pradesh, in respect of which crime a case was registered under section 396 IPC. On 11 June 2000, the cook of Brother George, Vijay Ekka was picked up by the police for interrogation. He remained in police custody but was found dead on 17 June 2000. On 19 June 2000, in response to a press report entitled ``Cleric’s cook dies in police custody``, the Commission issued notice to the Chief Secretary and Director General of Police, Uttar Pradesh calling for a report within one week. The Commission also directed the Director General of Police, Uttar Pradesh to have a video recording made of the post-mortem examination conducted in this case. Pursuant to the Commission’s orders, a team from its Investigation Division also conducted an on-the-spot inquiry into this incident and submitted a report to the Commission.

On 26 September 2000, the Commission asked the Government of Uttar Pradesh, through its Chief Secretary, to show-cause, if any, why an amount of Rs. 2.00 lakhs be not granted as `immediate interim relief’ to the next of kin of Vijay Kumar Ekka. As there was no response from the Government of Uttar Pradesh, the Commission on 20 November 2000 recommended that an amount of Rs. 2 lakhs be granted as immediate interim relief under section 18(3) of the Protection of Human Rights Act, 1993 to the next kin of Vijay Ekka.

The Commission continues to keep a close watch on all incidents and reports expressing an apprehension regarding the violation of rights of members of the Christian community. The situation in this respect is under the constant monitoring of the Commission.

BONDED LABOUR

28. Release of Bonded Labourers and Their Rehabilitation: Punjab.(Case No. 663/19/1999-2000)

The Commission took suo-motu cognizance of a press report which appeared in the ‘Indian Express’ dated 17 December 1999 entitled ``84 Bonded Labourers Freed, Narrate Shocking Tales of Torture, Molestation``. In the press report, it was stated that 84 bonded labourers, who were freed from a cold storage construction site, stated that they were beaten and were given third degree treatment. The woman workers alleged rape and molestation. None of the workers were paid their wages.

The Commission directed the Director General of Police, Punjab and the Senior Superintendent of Police, Jallandhar to send reports to the Commission on this article. The latter responded saying that one Mohan Singh, who was constructing a cold storage, was providing labourers with clothes, food, free accommodation and Rs. 600 per month. The labourers, however, had stated that they had been working for the last four months and were not given wages because the owner had promised to pay them when they returned to their native places. When the Sub Divisional Magistrate, Shahkot and Station House Officer, Police Station, Shahkot visited the spot, the labourers told them that they did not wish to work with the cold-storage owner as his behaviour was insulting. A woman labourer, named Saloni stated that one Pappu had beaten her husband and locked him in a room. The owner could not, himself, be contacted. However, his employees agreed to pay the wages to the labourers. The report added that the Labour Inspector had been directed to ensure the payment of wages to the labourers so that they might go wherever they wanted. The labourers had been brought to the office of the Sub Divisional Magistrate where food had been arranged for them. The labourers were then set free and they went back to their homes. The report concluded by saying that a case, FIR No. 236 dated 15 December 1999, had been registered under section 16, 17 of the Bonded Labour System (Abolition) Act and under Sections 342/323/354 of the Indian Penal Code.

Upon perusing the report, the Commission noted that it was not clear whether the District Magistrate, Jallandhar had issued release certificates and ensured that the bonded labourers would be rehabilitated. By proceedings dated 23 March 2000, the Commission therefore directed its Director General (Investigation) to contact Senior Superintendent of Police (SSP), Jallandhar and to secure the relevant details. The further report, received from the SSP, indicated that the 65 bonded labourers had been released and that the minimum wages due to them had been collected from Mohan Singh, owner of the cold storage. However, release certificates under the relevant Act and the rehabilitation package envisaged under it had not been provided. The Commission, therefore, directed the District Magistrate, Jallandhar:

· To issue release certificates to all the 65 bonded labourers, namely the 42 men and 23 women involved. Further, a sum of Rs. 20,000 was to be paid to each of the 65 released bonded labourers under the relevant legislation, of which a sum of Rs. 5,000 may be paid in cash or by demand draft to each labourer.

· Form a cooperative society; have it registered under the State Cooperative Societies Act as a Released Bonded Labourers Cooperative Society; treat the balance amount of Rs. 15,000 per head as share capital of each of the members of the society.

· Under the appropriate Rozgar Yojana or any other appropriate scheme available, provide governmental work to the cooperative society.

· An Inspector of the Cooperative Societies should monitor the working of the society. The work allotted to it would be jointly done by all the members of the cooperative society and the returns from their labour would be enjoyed by them in equal proportion.

· In case any Government land was available in the village, the district administration shall take steps to allot the same to the cooperative society and all the members would collectively cultivate the land and reap the benefit in equal proportion. The District Administration would also, in that event, arrange appropriate loans for reclamation of land, its cultivation, and supply of seeds or saplings for agricultural operations, manure etc., for the successful working of the society. The Agriculture Department should be directed to help them in the farming.

· In case all the members of the Society were illiterate, the Inspector belonging to the Cooperative Department should assist them in writing the accounts regularly and ensuring its successful working.

· The District Labour Officer should ensure the successful prosecution of the offender for the offences charged against him. The District Labour Officer should act in collaboration with the concerned Public Prosecutor/District Attorney, as the case may be, and take the case to its logical conclusion.

29. Exploitation of Bonded Labour: Maharashtra(Case No. 1173/13/1999-2000)

Shri Mareppa Siddappa, in his complaint to the Commission, alleged that his wife, son and others were being used as bonded labourers by one Govind Sevu Rathod. He complained of harassment, sexual exploitation and the non-payment of wages. He also alleged that though the matter was reported to the police, no action was taken by them. The petitioner sought their release from bondage.

The Commission sought and obtained a report from the Superintendent of Police, Ratnagiri, Maharashtra. According to the report received, the case involved allegations of the non-payment of wages for six months, the extracation of forced work, restrictions on freedom of movement of the labourers, sexual exploitation and assault. In view of this, a case had been registered under the Bonded Labour System (Abolition) Act, 1976 and the accused persons had been arrested immediately. The wife of the complainant and his two sons had been handed over to the complainant. The case was under further investigation.

Upon perusing the above report, the Commission directed the Superintendent of Police, Ratnagiri to furnish a status report on the case that had been registered. The Commission further directed the District Administration to issue release certificates under the provisions of the Bonded Labour System (Abolition) Act, 1976; pay a sum of Rs. 20,000 to each of the released bonded labourers and ensure their rehabilitation by forming a co-operative society of the released bonded labourers and of any other bonded labourers in the area. The Commission also recommended that they may be rehabilitated under the Employment Assurance Scheme or through a land-based rehabilitation scheme.

30. NHRC’s Initiative Results in the Release of Bonded Labourers: Haryana(Case No. 513/7/98-99)

The Commission received a complaint from Prof. Sheotaj Singh, General Secretary of the Bonded Labour Liberation Front, Delhi alleging that 20 persons including men, women and children were being kept as bonded labourers in a stone quarry in Gurgaon, Haryana. According to the complaint, though the Sub Divisional Magistrate of the area had visited the site and admitted that minimum wages were not being paid to the labourers, he had refused to issue release certificates to them.

On 21 September 1999, the Commission directed the Chief Secretary, Haryana, to look into the matter and submit a report. In response to the Commission’s notice, the Labour Commissioner of Haryana stated that this was not a case of bonded labour but a dispute between workers and their employer regarding wages. Both the parties had reached an agreement, after which the labourers had been sent back to their home district, namely, Jaipur in Rajasthan. The report further stated that the complaint of Prof. Sheotaj Singh alleging non-release of the bonded labour was false.

The Special Rapporteur of the Commission, Shri Chaman Lal, was asked to look into the matter. He recommended that the Commission’s own investigation team should meet the bonded labourers who were now living in Jaipur district in order to ascertain the facts.

Accordingly, an investigation team of the Commission, along with senior representatives of the Rajasthan University Women’s Association and an officer deputed by the District Magistrate of Jaipur, visited Durgapura, 10 kilometers away from Jaipur city where about 29 persons including 10 children were found camping in the open. They had been living there since their return from Haryana in the second half of September 1999. They belonged to the Banjara Nomadic Tribe and had gone to Haryana in 1994 to market their products. While they were there, one Balkar Singh lured them to work in a stone quarry, offering them attractive wages. After a year, they were denied payment of wages and in lieu of wages, arrangements were made with a local general merchant to provide them daily rations on credit. When the labourers objected and demanded full wages, they were forcibly confined in their hutments after working hours and were guarded by armed musclemen. In August 1999, they somehow managed to establish contact with Prof. Sheotaj Singh. When word spread that Prof. Singh had lodged a complaint, labourers were made to put their thumb impressions on papers of agreement declaring that they had received Rs.5,000 each towards the settlement of their wages. This was done in the presence of the local Sub Divisional Magistrate and police officials. The money was, however, not given to the labourers and, instead, it was adjusted against the items taken by them from the local merchant. In the third week of September 1999, they were transported away from Haryana, escorted by policemen, and later dumped in the outskirts of Jaipur city.

The Sub Divisional Magistrate, when questioned by the team of the Commission, reiterated that the issue related to a wage dispute in which he had worked out a compromise and that, to avoid any further chance of exploitation, he had made arrangements for the transportation of the labourers to Jaipur on their request. He claimed ignorance of the legal interpretation of the Supreme Court verdict wherein the word ``bonded labour`` had been given a wider interpretation, covering all cases where wages paid to the labourers was less than the minimum fixed by the Government. The Deputy Commissioner, Gurgaon, was also not fully aware of the whole episode. However, after discussions with the officials of the Commission, the district officials dispatched 19 Release Certificates to the Commission to be handed over to the labourers. The District Magistrate, Jaipur assured the Commission that immediate steps would be initiated to render all help to rehabilitate these Banjaras under various welfare schemes of the Government.

The Release Certificates were handed over to the labourers in December 1999 at a small function held in Jaipur. To rehabilitate these labourers, arrangements were made to shift their families temporarily to a Government housing building in Sanganer, near Jaipur city. Thereafter, they would be permanently settled under the Indira Awas Yojna. The Government of Rajasthan informed the Commission that efforts are also being made to allot them cultivable land. Employment is being given to them under the Rural Development Schemes near Sanganer Airport to help them earn their immediate livelihood. A cooperative is being created for them, to which stone mines would be leased in order to generate work in which the tribals had experience. Of the Rs10,000 given to each of the 19 labourers, along with their Release Certificates, Rs. 2,000 was given in cash and rest of the money was deposited in their respective bank accounts. The District Magistrate had sanctioned Old Age Pensions to two elderly women. A pension was also announced to a person who became disabled following serious leg injuries while working in the Gurgaon mines. Cash relief of Rs. 5,000 from the Chief Minister’s Relief Fund was also announced for his treatment.

The Commission expressed its appreciation of the role of the officers who were involved in the release of the bonded labourers and the subsequent effort to rehabilitate them.

31. Release of Bonded Labourers and their Rehabilitation: Uttar Pradesh.(Case No. 15178/24/98-99)

The Commission had received a complaint from Shri R.S. Chaurasia, General Secretary, South Asian Coalition on Child Servitude stating that eight labourers, all of whom belonged to the Scheduled Tribes, had been kept in bondage by one Raj Narain Giri in District Sonebhadra, Uttar Pradesh. It was further stated that the labourers had not been paid any wages as these were being adjusted against certain advances which they had taken from the employer two years earlier. The complaint added that when one of the labourers, Achaibar could not go to work for a few days owing to an illness, he was brutally beaten by the employer and his men. As a result of the beating, he became unfit to lift any load.

The Commission took cognizance of the complaint and issued notice to District Magistrate, Sonebhadra, Uttar Pradesh. A report was received from the Sub Divisional Magistrate, Sonebhadra stating that four of the labourers who worked with Raj Narain Giri had left him because they were given meagre wages and were beaten by his men. The remaining four labourers were still found to be working with him, at their own will and without any pressure. They were, however, being paid meagre wages @ 2 kgs. of grain per day to feed their families.

Upon considering this report, the Commission gave the following directions:

· The Superintendent of Police, Sonebhadra was asked to register a case against Raj Narain Giri under the Prevention of Atrocities on Scheduled Castes and Scheduled Tribes Act, 1989 and the Bonded Labour System (Abolition) Act 1976 and to get the case duly investigated.

· The District Magistrate, Sonebhadra was directed to initiate proceedings under the Bonded Labour System (Abolition) Act, 1976 and have the order passed for releasing the labourers from bondage.

· Have the minimum wages paid to the released bonded labourers by collecting the same from Raj Narain Giri.

· On issuing the release certificates of all the bonded labourers, arrange for payment of the compensation to the released bonded labourers under the relevant legislation.

· Upon receipt of compensation from the State and Central Governments, arrange

a) To identify an appropriate scheme for rehabilitation of the released bonded labourers on a sustained basis.

b) A sum of Rs. 1,000 for each of these labourers may immediately be paid from the compensation of Rs. 10,000 each.

c) Organize a cooperative society for the released bonded labourers, transfer the balance amount of Rs. 9,000 per head as share capital standing to their credit for successful functioning of the society; allot appropriate work or raw material for their continued work so as to enable them to earn their livelihood and lead a life with dignity without relapsing into bondage again.

d) Direct the appropriate officer of the Cooperative Department to monitor, guide and ensure efficient functioning of the cooperative society of the released bonded labourers and submit a compliance report as also periodical quarterly reports in that behalf.



32. Release of 13 Bonded Child Labourers from a Carpet Factory in Allahabad District: Uttar Pradesh.(Case No. 20183/24/1999-2000)

Shri R.S. Chaurasia, General Secretary, South Asian Coalition on Child Servitude, New Delhi in his complaint to the Commission stated that 13 bonded child labourers were rescued from a carpet factory owned by Shri Radhey Shyam Bharti of Village Haricharanpur, Police Station and Tehsil Handia, Allahabad, Uttar Pradesh on 17 December 1999. He alleged that the children, instead of being handed over to their parents, were kept in a reform home. He asked that the children be handed over to their parents and that action should be taken by the Labour Department against the employer under the relevant legislation relating to child labour, minimum wages etc.

The Commission directed its Director General(Investigation) to collect the facts. The report received from the District Magistrate indicated that the 13 child labourers, who were also bonded, were rescued on 17 December 1999 and sent to the Child Reformatory Home, Khuldabad because the parents/guardians were not available. On 23 January 2000, Inspector, Police Station Handia, was instructed to verify the addresses of children and hand them over to their respective parents. The Commission, however, received fax messages from NGOs stating that some of the children had been handed over to their guardians while four were yet to be released. After considering the complaint on 27 March 2000, the Commission directed the concerned District Magistrate to depute a team of officers to record the particulars of the children and, thereafter, to issue Release Certificates and pay compensation to the retrieved child labourers.

On 2 May 2000, the Commission requested its Director General (Investigation) to depute a team of officers to record the statements of all concerned. The team submitted its report stating the following:

· 13 bonded children who were released went back to the loom holders and worked for 10 days.

· It was established that the Doctor in charge of the Primary Health Centre gave a fake medical certificate regarding the age of the children to help the accused person. The team suggested that the medical authorities may be asked to initiate suitable action against the concerned doctor after holding an enquiry.

· In the instant case, though no gross negligence was noticed, there was certainly some callousness exhibited by the District authorities.

Upon considering the report of the Investigation Team of the Commission, the Commission directed the following:

· District Magistrate, Allahabad may pay compensation to each of the retrieved child labourers at the rate of Rs. 20,000 and. in addition, recover a sum of Rs. 20,000 per child from the employer in accordance with the Supreme Court Judgement. A sum of Rs. 1,000 be paid as cash and the balance deposited in a Fixed Deposit in a nationalized bank nearest to their village. The interest earned thereon be paid to each child every month for their education and a report submitted on the action taken within four weeks.

· Action be taken against the Doctor In-charge of the Primary Health Centre for having issued wrong certificates of age to the children employed in the loom.

· Labour Department of Uttar Pradesh Government to take action against the accused, Radhey Shyam Bharati, under the provisions of the Bonded Labour System (Abolition) Act, 1976 as also the Payment of Wages Act.

· Surprise checks be conducted in the areas in and around Allahabad, Mirzapur and Bhadoi Districts, where the practice of bonded child labour is prevalent and appropriate action be taken against errant loom owners.

Re: rahul_capri, tahmed32
There seems to be some confusion here. Muslim personal law in the Indian context is part of the Civil Code. It has nothing to do with the Sharia. I don’t know much about how other countries implement personal laws. If you are interested in how they came to be you must read the constitutional committee debates on the subject.

Regards,

Faruk

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