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 10,2020

Noam Chomsky is one of the leading peace workers in the world. In the wake of America’s attack on Vietnam, he brought out his classic formulation, ‘manufacturing consent’. The phrase explains the state manipulating public opinion to have the public approve of it policies—in this case, the attack of the American state on Vietnam, which was then struggling to free itself from French colonial rule.

In India, we are witness to manufactured hate against religious minorities. This hatred serves to enhance polarisation in society, which undermines India’s democracy and Constitution and promotes support for a Hindu nation. Hate is being manufactured through multiple mechanisms. For example, it manifests in violence against religious minorities. Some recent ghastly expressions of this manufactured hate was the massive communal violence witnessed in Mumbai (1992-93), Gujarat (2002), Kandhamal (2008) and Muzaffarnagar (2013). Its other manifestation was in the form of lynching of those accused of having killed a cow or consumed beef. A parallel phenomenon is the brutal flogging, often to death, of Dalits who deal with animal carcasses or leather.

Yet another form of this was seen when Shambhulal Regar, indoctrinated by the propaganda of Hindu nationalists, burned alive Afrazul Khan and shot the video of the heinous act. For his brutality, he was praised by many. Regar was incited into the act by the propaganda around love jihad. Lately, we have the same phenomenon of manufactured hate taking on even more dastardly proportions as youth related to Hindu nationalist organisations have been caught using pistols, while police authorities look on.

Anurag Thakur, a BJP minster in the central government recently incited a crowd in Delhi to complete his chant of what should happen to ‘traitors of the country...” with a “they should be shot”. Just two days later, a youth brought a pistol to the site of a protest at Jamia Millia Islamia university and shouted “take Azaadi!” and fired it. One bullet hit a student of Jamia. This happened on 30 January, the day Nathuram Godse had shot Mahatma Gandhi in 1948. A few days later, another youth fired near the site of protests against the CAA and NRC at Shaheen Bagh. Soon after, he said that in India, “only Hindus will rule”.

What is very obvious is that the shootings by those associated with Hindu nationalist organisations are the culmination of a long campaign of spreading hate against religious minorities in India in general and against Muslims in particular. The present phase is the outcome of a long and sustained hate campaign, the beginning of which lies in nationalism in the name of religion; Muslim nationalism and Hindu nationalism. This sectarian nationalism picked up the communal view of history and the communal historiography which the British introduced in order to pursue their ‘divide and rule’ policy.

In India what became part of “social common sense” was that Muslim kings had destroyed Hindu temples, that Islam was spread by force, and that it is a foreign religion, and so on. Campaigns, such as the one for a temple dedicated to the Hindu god Rama to be built at the site where the Babri masjid once stood, further deepened the idea of a Muslim as a “temple-destroyer”. Aurangzeb, Tipu Sultan and other Muslim kings were tarnished as the ones who spread Islam by force in the subcontinent. The tragic Partition, which was primarily due to British policies, and was well-supported by communal streams also, was entirely attributed to Muslims. The Kashmir conflict, which is the outcome of regional, ethnic and other historical issues, coupled with the American policy of supporting Pakistan’s ambitions of regional hegemony, (which also fostered the birth of Al-Qaeda), was also attributed to the Muslims.

With recurring incidents of communal violence, these falsehoods went on going deeper into the social thinking. Violence itself led to ghettoisation of Muslims and further broke inter-community social bonds. On the one hand, a ghettoised community is cut off from others and on the other hand the victims come to be presented as culprits. The percolation of this hate through word-of-mouth propaganda, media and re-writing of school curricula, had a strong impact on social attitudes towards the minorities.

In the last couple of decades, the process of manufacturing hate has been intensified by the social media platforms which are being cleverly used by the communal forces. Swati Chaturvedi’s book, I Am a Troll: Inside the Secret World of the BJP’s Digital Army, tells us how the BJP used social media to spread hate. Whatapp University became the source of understanding for large sections of society and hate for the ‘Other’, went up by leaps and bounds. To add on to this process, the phenomenon of fake news was shrewdly deployed to intensify divisiveness.

Currently, the Shaheen Bagh movement is a big uniting force for the country; but it is being demonised as a gathering of ‘anti-nationals’. Another BJP leader has said that these protesters will indulge in crimes like rape. This has intensified the prevalent hate.

While there is a general dominance of hate, the likes of Shambhulal Regar and the Jamia shooter do get taken in by the incitement and act out the violence that is constantly hinted at. The deeper issue involved is the prevalence of hate, misconceptions and biases, which have become the part of social thinking.

These misconceptions are undoing the amity between different religious communities which was built during the freedom movement. They are undoing the fraternity which emerged with the process of India as a nation in the making. The processes which brought these communities together broadly drew from Gandhi, Bhagat Singh and Ambedkar. It is these values which need to be rooted again in the society. The communal forces have resorted to false propaganda against the minorities, and that needs to be undone with sincerity.

Combating those foundational misconceptions which create hatred is a massive task which needs to be taken up by the social organisations and political parties which have faith in the Indian Constitution and values of freedom movement. It needs to be done right away as a priority issue in with a focus on cultivating Indian fraternity yet again.

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Ram Puniyani
February 4,2020

As democracy is seeping in slowly all over the world, there is an organization which is monitoring the degree of democracy in the individual countries, The Economist Intelligence Unit. As such in each country there are diverse factors which on one hand work to deepen it, while others weaken it. Overall there is a march from theoretical democracy to substantive one. The substantive democracy will herald not just the formal equality, freedom and community feeling in the country but will be founded on the substantive quality of these values. In India while the introduction of modern education, transport, communication laid the backdrop of beginning of the process, the direction towards deepening of the process begins with Mahatma Gandhi when he led the non-cooperation movement in 1920, in which average people participated. The movement of freedom for India went on to become the ‘greatest ever mass movement’ in the World.

The approval and standards for democracy were enshrined in Indian Constitution, which begins ‘We the people of India’, and was adopted on 26th January 1950. With this Constitution and the policies adopted by Nehru the process of democratization started seeping further, the dreaded Emergency in 1975, which was lifted later restored democratic freedoms in some degree. This process of democratisation is facing an opposition since the decade of 1990s after the launch of Ram Temple agitation, and has seen the further erosion with BJP led Government coming to power in 2014. The state has been proactively attacking civil liberties, pluralism and participative political culture with democracy becoming flawed in a serious way. And this is what got reflected in the slipping of India by ten places, to 51st, in 2019. On the index of democracy India slipped down from the score of 7.23 to 6.90. The impact of sectarian BJP politics is writ on the state of the nation, country.

Ironically this lowering of score has come at a time when the popular protests, the deepening of democracy has been given a boost and is picking up with the Shaheen Bagh protests. The protest which began in Shaheen Bagh, Delhi in the backdrop of this Government getting the Citizenship amendment Bill getting converted into an act and mercilessly attacking the students of Jamia Milia Islamia, Aligarh Muslim University along with high handed approach in Jamia Nagar and neighbouring areas.  From 15th December 2019, the laudable protest is on.

It is interesting to note that the lead in this protest has been taken by the Muslim women, from the Burqa-Hijab clad to ‘not looking Muslim’ women and was joined by students and youth from all the communities, and later by the people from all the communities. Interestingly this time around this Muslim women initiated protest has contrast from all the protests which earlier had begun by Muslims. The protests opposing Shah Bano Judgment, the protests opposing entry of women in Haji Ali, the protests opposing the Government move to abolish triple Talaq. So far the maulanas from top were initiating the protests, with beard and skull cap dominating the marches and protests. The protests were by and large for protecting Sharia, Islam and were restricted to Muslim community participating.

This time around while Narendra Modi pronounced that ‘protesters can be identified by their clothes’, those who can be identified by their external appearance are greatly outnumbered by all those identified or not identified by their appearance.

The protests are not to save Islam or any other religion but to protect Indian Constitution. The slogans are structured around ‘Defence of democracy and Indian Constitution’. The theme slogans are not Allahu Akbar’ or Nara-E-Tadbeer’ but around preamble of Indian Constitution. The lead songs have come to be Faiz Ahmad Faiz’s ‘Hum Dekhenge’, a protest against Zia Ul Haq’s attempts to crush democracy in the name of religion. Another leading protest song is from Varun Grover, ‘Tanashah Aayenge…Hum Kagaz nahin Dikhayenge’, a call to civil disobedience against the CAA-NRC exercise and characterising the dictatorial nature of the current ruling regime.

While BJP was telling us that primary problem of Muslim women is Triple talaq, the Muslim women led movements has articulated that primary problem is the very threat to Muslim community. All other communities, cutting across religious lines, those below poverty line, those landless and shelter less people also see that if the citizenship of Muslims can be threatened because of lack of some papers, they will be not far behind in the victimization process being unleashed by this Government.

While CAA-NRC has acted as the precipitating factor, the policies of Modi regime, starting from failure to fulfil the tall promises of bringing back black money, the cruel impact of demonetisation, the rising process of commodities, the rising unemployment, the divisive policies of the ruling dispensation are the base on which these protest movements are standing. The spread of the protest movement, spontaneous but having similar message is remarkable. Shaheen Bagh is no more just a physical space; it’s a symbol of resistance against the divisive policies, against the policies which are increasing the sufferings of poor workers, the farmers and the average sections of society.

What is clear is that as identity issues, emotive issues like Ram Temple, Cow Beef, Love Jihad and Ghar Wapasi aimed to divide the society, Shaheen Bagh is uniting the society like never before. The democratisation process which faced erosion is getting a boost through people coming together around the Preamble of Indian Constitution, singing of Jan Gan Man, waving of tricolour and upholding the national icons like Gandhi, Bhagat Singh, Ambedkar and Maulana Azad. One can feel the sentiments which built India; one can see the courage of people to protect what India’s freedom movement and Indian Constitution gave them.

Surely the communal forces are spreading canards and falsehood against the protests. As such these protests which is a solid foundation of our democracy. The spontaneity of the movement is a strength which needs to be channelized to uphold Indian Constitution and democratic ethos of our beloved country.

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