Whither Justice for Religious Minorities

[email protected] (Ram Puniyani)
October 19, 2016

Retired Justice of Supreme Court Justice Markandey Katju wrote (26 September 2016) to the Supreme Court judges, “You are aware that one Ikhilaq was brutally lynched by cow vigilantes in Dadri. Instead of severely punishing the perpetrators of this heinous outrage, the police and local judge are proceeding against the family of Ikhlaq…Have the police gone mad?”hammer

Chand Khan alias Shan Khan spent 11 years in a jail in 2002 Akshardham temple attack case before he was acquitted without any compensation so far. Instead he has been booked in a case of cow slaughter. (21 September 2016) There is a book by Mufti Abdul Qayum Abdul Hussain, ‘Eleven Years behind the bars’ (I am a mufti, I am not terrorist). This book tells the story of Mufti Sahab being arrested on charges of terrorist violence, tortured and then was released after spending such a long time in prison. A Muslim boy called Aamir Khan was in prison for 14 long years before he was released. He was booked under the charges of terrorism when he was preparing for his matriculation examination and as he came out of the dark dungeon he had already lost his father and found his mother seriously ill. Reading his book, ‘Framed as a Terrorist’, makes one realize as to what brutal extent the system can go against an innocent individual.

These are just few of the glaring samples from vast number of cases of Muslim youth and men who have faced the situation where their life came to a halt, careers ruined and families destroyed. One can add a large number to this list but couple of more examples is in order, Haji Umarji was in prison for being the mastermind of Godhra train burning and was released after few years of torture as no evidence of any type was found against him. In the infamous cases of terror blasts in Makkah Masjid (Hyderabad), Malegaon, Samjhauta Express and Ajmer blasts large number of Muslim youth were arrested and later released for lack of any credible evidence. Most of the investigations showed the sloppy and motivated investigation done by authorities. It has become a sort of pattern where the bias of police towards minorities becomes obvious. The scholars of communal violence in India tell us that the police did play a neutral role during British period. It was a force which intervened in a neutral way.

The biased attitude of police picks up after independence and right from the first major violence in Jabalpur in 1961, the anti minority attitude of police can be seen. Even the state machinery and political leaderships at times have aggravated this attitude by their policies. Most of the inquiry commission reports, films and documentaries bring out this fact. The representation of Muslims in the state services is miniscule, and those Muslims who are in the position of authority have to go with the flow either by keeping quite or they are given postings in the areas where they can’t influence the dynamics of communal violence.

Shrikrishna Commission report of Mumbai violence showed that many police officers either looked the other way around or sided with those indulging in violence. Same was the case in massive anti Sikh violence (Delhi 1984) and Gujarat violence, to give the few examples. In one case of anti minority violence in Mahararshtra (Dhule 2013) the police itself took up the role of perpetrators of mayhem. In a very revealing book Hashimpura, V.N. Rai ex Director General of police points out that the police deliberately took away truck load of Muslims and shot them point blank and threw their bodies in the canal. It was few of the survivors of the tragedy who told the tale of their harrowing experience.

After 9/11 2001, WTC attack, American media manufactured a phrase ‘Islamic Terrorism’, which cleverly hides US goal of propping up Al Qaeda for controlling oil wealth and projects as if Islam-Muslims are the cause of terrorism in the World. Since then the matters have worsened and not only the broad social thinking but even the state authorities are totally taken in by this propaganda. The global Islam phobia has been cultivated by media and vested interests.

There is an urgent need to protect the innocent young people and others. So many commissions set up for police reforms have given the suggestions for improving the system of policing. We need to sensitize the police personnel to the issues related to minorities in our country. There are state and national level police academies training the police personnel. The curriculum of these academies needs to be modified to incorporate the reality behind the biases and stereotypes which are prevalent in the society. The police needs to be aligned to Constitution rather than being dictated by their sentiments and emotions; they need to understand the truth behind the prevalent social common sense.

There are many civil society groups who are struggling to campaign on these issues, they do take up the cases of many of these being framed by the authorities or being incarcerated, but their capacity is limited. The network working for innocents needs to be strengthened all over the country. Those falsely implicated need to be compensated and the police officers implicating them need to be punished. Many of the books written by the falsely accused people need to be made a mandatory reading in our administrative staff colleges, and academies training the police and other administrators. The political parties who want to uphold the secular values have to isolate the communal outfits and ensure that communal parties don’t come to power. We need a society with justice and peace. Such gross injustice against the people of particular religion shows that our justice delivery system is weak. The culture of any society should be judged by the index as to how justice is delivered to weaker section of society including the religious minorities. Let’s hope Justice Katju’s letter is taken seriouslr!

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Ram Puniyani
February 13,2020

Forthcoming Census and RSS campaign

Currently massive protests are going on against NPR, NCR and CAA. At the same time we are going to begin the process of decadal census in 2021. Already RSS is active in promoting NPR, NCR and CAA. At the same time RSS wants that Adivasis should register themselves as Hindus rather than ticking the column of ‘Others’. As per their spokesperson in the 2011 census many Adivasis groups ticked that column because of which the population of Hindus came down to by 0.7 percent point to come down to 79.8 %. This has sent signals to this Hindu nationalist organization and is planning to ensures that Adivasis tick the column of Hindus in this census.

As such RSS has a very clever attitude in defining the term Hindu. The first formulation was by Savakakar who said that all those who regard the land east of Indus as their Holy land and Father land are Hindus. This left out Muslims and Christians, and brought all others in the ambit of Hindu fold. From the decade of 1980s due to electoral compulsions they have been trying to articulate that all those who are living in India are Hindus. Murli Manohar Joshi stated that Muslims are Ahmadiya Hindus and Christians are Christi Hindus. Recently there was a controversy when they restated that Sikhs are not a separate religion but are a sect of Hinduism. Many Sikh organizations stood up to say that Sikhism is a religion by itself and recalled the book of Kahan Singh Nabha, “Hum Hindu Nahin”

As far as Adivasis are concerned in contrast to what is being planned by Hindu nationalist RSS, many Adivasis groups have been meeting from last couple of years to demand just the contrary. As per them there should be a column where they can tick their identity of Adivasis.  There are active campaigns among Adivasis groups to uphold their Adivasi identity in Census. As per them in the first census which was conducted in Independent India, the column, Aborigines, was there, which was later removed forcing them to club themselves with other religions.

After 1951 in addition to Hindu, Muslim, Sikh, Christian, Jain and Buddha, the column ‘others’ was also there which was removed in 2011. Even during British period if you look at the censuses of the British era (from 1871 to 1931); there was provision for tribes to choose Aborigine as an option. There are nearly 83 religious practices being followed by Adivasis. Few major of these are Sarna, Gondi, Punem, Adi, and Koya. What they share in common is that they are animists, worship nature and spirit of ancestors; do not have priestly class or Holy Scriptures and Gods and Goddesses characteristic of the broad Hindu pantheon.

RSS as per its political agenda of Hindu Nation regards them as Vanvasi. They pontificate that they have been part of Hindu society who were driven away to forests to escape the forcible conversion being done by the Muslim invaders. This concoction is contrary to the interpretations based on the studies from population genetics. The Hindu nationalist argues that Aryans have been the original inhabitants of the country from where they spread to other parts of the World. The book by Tony Joseph, ‘Early Indians’ tells us that away from the race theory, we are all mixed up. The first inhabitants in our land were the ones who emigrated from South Asia over Sixty thousand years ago.

The Indo-Aryans came here nearly three thousand years ago and they pushed the aborigines to the forests and hills and that’s what constitutes the Adivasi community of India.

Hindu Nationalists like all the nationalists who construct their nationalism around their religion claim to be the most original inhabitants of the land, and their interpretations of past are molded according to that. RSS right from beginning has not been using the word Adivasi, it calls them Vanvasi. As per its agenda it wants them to be part of Hindu fold, despite Adivasis themselves saying that they are not Hindus, they have beliefs and practices which are far away from Hinduism in whatever form.

To enhance its political reach from the decades of 1980s in particular its work in Adivasis areas has been intensified. While ‘Vanvasis Kalyan Ashram’, part of RSS Combine which was formed much earlier, it was in the decades of 1980s that their work was jacked up by sending more Pracharaks in Adivasi areas. We see that in Gujarat, Dangs and nearby area, Swami Aseemanand, in MP, centered around Jhabua-the followers of Asaram Bapu and in Orissa Swami Laxmananad stationed them. They saw Christian missionaries working in the field of education and health as an obstacle to Hinduization of Adivasis. Their propaganda against Christian missionaries led to the ghastly murder of Pastor Graham Stains. It was this propaganda which led to anti Christian violence in various forms, the most horrific being the Kandhamal violence of 2008.

In order to culturally co-opt them into the fold of Hinduism they began series of religious congregations, Kumbhs. Shabri Kumbh in Dangs and many other Adivasis predominant areas created an atmosphere of fear, Adivasis were asked to be part of it, saffron flags were distributed and they were made to put it in their houses. Two religious icons were popularized in these areas, one was Shabri and other was Hanuman. To cap it all, Ekal Vidyalayas, started spreading RSS’s interpretation of history in these areas. The other angle of the whole thing is that Adivasis are living in the areas rich in minerals, which the BJP supporter Corporate World wants to take over.

World over aborigines have similar pattern. They are animists and what they practice is a culture as such. Many have converted to other religions out of their choice for sure, but finally in these matters what is important is the self perception. Hemant Soren the Chief Minister of Jharkhand pointed out that “Adivasis are not Hindus. ”Keeping that in mind; the column of Aborigines needs to find its place in our census forms.

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Ram Puniyani
January 26,2020

During last couple of decades we have been witnessing the coming up of various statues in different parts of the country. There is diverse political logic and different set of political tendencies for erecting these statues. When Mayawati was UP CM, she got multiple of her own statues made, in addition to many statues of major dalit icons, irrespective of the criticism against that act. As per her strategy it was a symbol of identity of dalit assertion. The biggest statue to come up was that of Sardar Vallabh Bhai Patel, a lifelong Congressman, whom RSS combine is trying to appropriate. This statue of Unity was ‘Made in China’. The clever trick was that the same forces were behind this statue, which was banned by Patel in the aftermath of Gandhi murder. Interestingly while currently BJP is blaming Congress for Partition of India, ironically it was Sardar Patel who was in the committee which gave final stamp of approval for the partition of India.

There is also a talk in UP, where the Ram temple campaign yielded rich electoral dividends for BJP, to have tallest statue of Lord Ram in Ayodhya. In a state where children are dying in hospitals due to lack of Oxygen cylinders, a huge budgetary allocation will be required for such project. While on statues one should also remember that in Maharashtra a tall statue of Chatrapati Shivaji Maharaj is underway in Arabian Sea, near Mumbai. Only few voices of protest against it came up, e.g. that of renowned journalist, now, MP, Kumar Ketkar, whose house was vandalised for his opposing the move on the grounds that same massive amount can be utilized for welfare-development activities in the state.

On the back of this comes a comparatively low budget 114 feet tall statue of Jesus Christ in Karnataka, in Kappala hills Harobele village, where Christian pilgrims have been thronging from last several centuries. The land for this has been donated by Congress leader Shivaprasad and his brother, a Congress MP. It is planned to be carved out from a single rock. The plan of this statue is being opposed by those who have been behind most of the statue projects so far. Hindu Jagran Vedike, VHP, RSS are up in arms saying that they will not let this come up. There are various arguments cited for this opposition. It is being said that this was a place of worship of Lord Munnieshwara (a form of Lord Shiva).

More than this it is being argued that Shivakumar is trying to please his Italian boss in the party. Also that this will bring back the period of slavery of foreign rule, the colonial rule of British. As such this opposition is more in tune with the ideology of RSS combine, which has been for a statue here and a statue there. Their politics regards Christianity as a ‘foreign religion’! It is true that in Citizenship Amendment Act, they have not excluded Christianity while other religion, which they regard as ‘Foreign’ i.e. Islam. Here they are using a different logic, that the countries from where persecuted minorities are coming, are Muslim countries, Pakistan, Afghanistan and Bangla Desh.

In India the major targeting by RSS combine has been against Muslims, but Christians are also not spared. Starting in the decade of 1980, an intense propaganda has been going on that Christian Missionaries are converting. As RSS affiliate Vanvasi Kalyan Ashram became active in Adivasi areas, the likes of Swami Aseemanand, Swami Laxmanand and followers of Aasaram bapu spread out in Tribal areas. They started their programs to popularise Shabri and Hanuman, with congregations like Shabri Kumbh being regularly organized in these areas. The aim was to Hinduize the people in those areas.

The first major anti Christian violence came up in the ghastly form of burning alive of Pastor Graham Steward Stains along with his two minor sons Timothy and Philip. RSS affiliate Bajrang Dal's Dara Siingh aka Rajendra Pal was behind this and he is serving the life term for that. At the same time Wadhva Commission was appointed to investigate this crime which shook the country and President K.R. Narayan termed it as the one belonging to the inventory of the black deeds of human history.

The Wadhva commission report pointed out that there was no statistical significant change in the region where the pastor was working. Similarly the national figures tell us that the Christian population, if at all, has marginally declined in last five decades as per the census figures. They stand like this, percentage of Christians in population, 1971-2.60, 1981- 2.44, 1991-2.34, 2001-2.30 and 2011-2.30. There are arguments that some people are converting to Christianity but are not revealing their religion. This may be true in case of miniscule percentage of dalits, who may not reveal there conversion, as they stand to loose reservation provisions if they convert.

The anti Christian violence is scattered and is below the radar most of the places. There was massive valence in Kandhamal, Orissa, when on the pretext that Christians have murdered Swami Laxmananand, a massive violence was unleashed in 2008. On regular basis prayer meetings of Christians are attacked on the pretext that these are attempts at conversion. While there is a huge demand for the schools and colleges run by Christian groups, in Adivasis areas and remote areas the work of Swamis is on.

Now the trend is to dump Christian traditions. Since Ramnath Kovind became President, the usual practice of Carol Singers visiting Rashtrapati Bhavan has been stopped. In the army retreat so far ‘Abide with me’ by Scottish poet, Henri Francis Lyte, a Christian song, a favourite of Gandhi, has been dropped. The Christian minorities have perceived the threat in various forms. Currently they are as much part of the protests against CAA, NPR and NRIC as any other community.

While statues and identity issues cannot have primacy over the social development issues, it cannot be selective. To oppose Jesus Christ statue while spending fortunes for other statues is a part of the agenda of RSS combine, which is unfolding itself in various forms. opposition to Jesus Christ statue being yet another step in the direction.

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Ram Puniyani
June 29,2020

In Minneapolis, US an African American, George Floyd lost his life as the white policeman, Derek Chauvin, caught hold of him and put his knee on his neck. This is a technique developed by Israel police. For nine long minutes the knee of the while policeman was on the neck of George, who kept shouting, I can’t breathe.

Following this gruesome murder America erupted with protests, ‘Black lives matter’. The protestors were not just African Americans but also a large section of whites. Within US one police Chief apologized for the act of this. In a touching gesture of apology the police force came on its knees. This had reverberations in different parts of the World.

The act was the outcome of the remnants of the racial hatred against blacks by the whites. It is the hatred and the perceptions which are the roots of such acts of violence. What was also touching that the state of democracy in US is so deep that even the police apologized, the nation, whites and blacks, stood up as a sensitive collective against this violence.

US is not the only country where the brutal acts of violence torment the marginalized sections of society. In India there is a list of dalits, minorities and adivasis who are regularly subjected to such acts. But the reaction is very different. We have witnessed the case of Tabrez Ansari, who was tied to the pole by the mob and beaten ruthlessly. When he was taken to police station, police took enough time to take him to hospital and Tabrez died.

Mohsin Sheikh, a Pune techie was murdered by Hindu Rashtra Sena mob, the day Modi came to power in 2014. Afrazul was killed by Shambhulal Regar, videotaped the act released on social media. Regar believed that Muslims are indulging in love Jihad, so deserve such a fate. Mohammad Akhlaq is one among many names who were mob lynched on the issue of beef cow. The list can fill pages after pages.

Recently a young dalit boy was shot dead for the crime of entering a temple. In Una four dalits were stripped above waste and beaten mercilessly. Commenting on this act the Union Minister Ramvilas Paswan commented that it is a minor incident. Again the list of atrocities against dalits is long enough. The question is what Paswan is saying is the typical response to such gruesome murders and tortures. In US loss of one black life, created the democratic and humane response. In India there is a general silence in response to these atrocities. Some times after a good lapse of time, the Prime Minister will utter, ‘Mother Bharati has lost a son’. Most of the time victim is blamed. Some social groups raise their voice in some fora but by and large the deafening silence from the country is the norm.

India is regarded as the largest democracy. Democracy is the rule of law, and the ground on which the injustices are opposed. In America though the present President is insensitive person, but its institutions and processes of democratic articulations are strong. The institutions have deepened their roots and though prejudices may be guiding the actions of some of the officers like the killer of George, there are also police officers who can tell their President to shut up if he has nothing meaningful to say on the issue. The prejudices against Blacks may be prevalent and deep in character, still there are large average sections of society, who on the principles of ‘Black lives matter’. There are large sections of vocal population who can protest the violation of basic norms of democracy and humanism.

In India by contrast there are multiple reasons as to why the lives of Tabrez Ansari, Mohammad Akhlaq, Una dalit victims and their likes don’t matter. Though we claim that we are a democracy, insensitivity to injustices is on the rise. The strong propaganda against the people from margins has become so vicious during last few decades that any violence against them has become sort of a new normal. The large populace, though disturbed by such brutalities, is also fed the strong dose of biases against the victims. The communal forces have a great command over effective section of media and large section of social media, which generates Hate against these disadvantaged groups, thereby the response is muted, if at all.

As such also the process of deepening of our democracy has been weak. Democracy is a dynamic process; it’s not a fixed entity. Decades ago workers and dalits could protest for their rights. Now even if peasants make strong protests, dominant media presents it as blocking of traffic! How the roots of democracy are eroded and are visible in the form where the criticism of the ruling dispensation is labelled as anti National..

Our institutions have been eroded over a period of time, and these institutions coming to the rescue of the marginalized sections have been now become unthinkable. The outreach of communal, divisive ideology, the ideology which looks down on minorities, dalits and Adivasis has risen by leaps and bounds.

The democracy in India is gradually being turned in to a hollow shell, the rule of law being converted in to rule of an ideology, which does not have faith in Indian Constitution, which looks down upon pluralism and diversity of this country, which is more concerned for the privileges of the upper caste, rich and affluent. The crux of the matter is the weak nature of democracy, which was on way to become strong, but from decades of 1980s, as emotive issues took over, the strength of democracy started dwindling, and that’s when the murders of the types of George Floyd, become passé. One does complement the deeper roots of American democracy and its ability to protect the democratic institutions, which is not the case in India, where protests of the type, which were witnessed after George Floyd’s murder may be unthinkable, at least in the present times. 

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