Tuesday, September 30, 2008

Nanavati Mehta Report: Godhra Train Burning

Nanavati Report on Godhra Tragedy: Erasing the obvious truths

Ram Puniyani

Recently Justice Nanavati-Mehta (N-M) submitted their report to Govt. What it has done must be very close to the desire of the ruling establishment which reaped a rich harvest due to the Godhra train burning and the anti Muslim pogrom in the aftermath of the same.

The report submitted in month of September 2008, after the investigation for six long years is just the first part, while legally it is tangible that the investigating judge can present the report in parts, the logic behind this for investigation is not clear. The allegations that it has been done with the forthcoming Lok sabha elections in mind are very close to the truth. In a way the outcome of the report should have been well predicted as just some months after being appointed Nanvati and (then) Shah stated that there is not much evidence against VHP etc. that gave the indication that the commission had already made up his mind as to what type of report was to be given. The depositions of the witnesses and the evidence presented was selectively constructed to ratify the pre arrived conclusions or what were to be presented as the conclusions.

N-M report operates on the basis that it was a preplanned conspiracy by local Muslims in collaboration with the ISI. It concludes that Haji Umarji the local cleric presided over the meeting of Muslims where this conspiracy was hatched. They bought 140 liters of petrol, cut open the vestibule between S 6 and S 7, spread the petrol and burnt the coach. This conclusion is arrived without even a single eyewitness to the burning of the train. There were 200 passengers in the overcrowded train but no eye witness account has been cited to ratify their conclusion.

This conspiracy theory has serious holes in it. No one, that the train is carrying the returning Kar Sevaks was not a public knowledge, not even the state officials knew about it. The only people who knew that the Ram sevaks were returning by that train were the VHP-BJP combine. The train was late by five hours and this totally debunks the theory of conspiracy by Muslim community. If they did not know that thrain is carrying Ram Sevaks how could they conspire and how could they implement the same if train was late? If conspiracy is at all to be believed the finger of suspicion should be in some other direction!

Than, if the commission says the vestibule was cut open, why such valuable evidence was permitted to be sold in the scrap? The depositions show that the first train stoppage at Godhra station was due to the Ram Sevaks pulling the chain as some of them were left out on the platform and the second one was due to technical fault. For conspiracy by them they should have stopped the train, which is not the case. This again goes against the conspiracy by Muslims theory.

While trying to come to this theory first N-M operated on the line that the burning rags and some chemicals were thrown from the windows, soon it shifted to the theory that vestibule was cut. The earlier thesis that petrol was poured from outside was not tenable as Forensic laboratory FSL, had strongly maintained that petrol cannot be poured from outside due to the height of the rail track and the height of the train. Then comes the vestibule theory. One imagines for cutting the vestibule the train has to be stopped, which stopped due to technical snag and not due to pulling of chain. And then to cut the vestibule to be able to enter the coach is not an easy job.

The report is a new low, which we witness in the objectivity of inquiry committees. It is totally silent on practically most of the issues involved in the train burning. Sophia Bano was dragged by Kar Sevaks and she stated the same to the commission, but her testimony has been sidelined. The commission has based its total finding on the police officer Noel Parmar, whose findings were rejected by the Supreme Court and so it appointed R.K Raghavan. The hurry, in which N-M has submitted its part one, can easily be understood. As Lok Sabha elections are close, this part is meant to influence that. As such as is clear from the functioning of this commission it was already working to the theory propounded by Narendera Modi in the aftermath of Godhra train burning, and N-M have just ratified his thesis. They have selectively picked and chosen the evidences to suit their preformed opinion, ignoring the crucial testimonies which could have led them to the truth.

The N-M is totally silent on Justice U.C. Bannerjee report. As per the railway act after every major accident, a probe has to be instituted. In this case that time BJP ally Nitish Kumar was the railway minister and he did not abide by the rule, no inquiry was done ostensibly to protect his ally. When Lalu Yadav became the railway minister he instituted Bannerjee committee, which concluded that it was an accident. Now if N-M is coming with it today, already one report is already there, whose finding are contrary to its own. In that case it has to refute them to stand the ground. No such effort is made. One also fails to understand as to why the demand to cross examine Modi was rejected as there was a case for interrorogating him, based on phone call records. Most importantly the whole thesis of burning by patrol falls to the ground with FSL report saying that the analysis of residues shows that petrol was not used.

R.B. Sreekumar has been one of the forthright officers, who refused to bow to the Modi administration. He filed his affidavit giving his version. He also commented that he was threatened by state officials if he dares to speak the truth. He had recorded these conversations also. N-M was duty bound to take these seriously, either to accept them or reject them with due explanation, but there is a total silence on the submissions of Sreekumar.

All in all this report is a disgrace on the norms of investigation. This also symbolizes that there are sections in professional lives who are willing to play to the bidding of the rulers to please them for various reasons or they themselves are heavily under ideological influence to deviate from professionalism, objectivity and pursuit of truth.

Monday, September 15, 2008

A house for Shabana Azmi

A House for Shabana Azmi


Ram Puniyani

One of the major contributions of Shabana Azmi in the arena of human rights was to work for the housing rights. It was ironical that the actor of such exceptional talents and the social activist with such dedication and commitment was denied the purchase of house, not once but twice in the locality of her choice. Voicing her pain she did comment in a TV show that Indian democracy is being unfair to the Muslims and recounted her experience. (August 2008). Apart from other people, a few from film community swooped on her, criticizing her statement as false, irresponsible, communal and what not! Even the actor of stature of Shatrughan Sinha criticized and admonished her.

One journalist from a prominent newspaper wanted to prove her wrong; he rang up few builders from his plush office and came to the conclusion that there is no discrimination in the selling of houses. One of the film persons stooped to the level of counting Azmi’s houses, and said that if Muslims are denied they should be living on the streets! Such ‘brilliant’ logic in a sensitive socio political issue can only be expected from those who live in the ivory towers unaware of the social realities.

To begin with, it is a not an issue as to how many houses Azmi owns. The point is that she wished to buy a particular house and the broker told her she cannot get it as she is a Muslim. Muslims are not living on streets, but a large section of them has to live in ghettos, is known to all and sundry barring the one’s wearing saffron glasses. There are colonies of Parsis and Jains and vegetarians who do not let those not belonging to their ilk to buy the flats in their colonies. This trend can neither be idolized nor be compared to the large social phenomenon of Muslims being denied housing, as these communities (Jains, Parsis) themselves are too tiny, their reasons and their inward looking tendencies are retrograde but having different socio-psychological reasons. The case of Muslims came more to the fore from the decades of Nineties, after the communal politics has started threatening the democratic polity in a serious way, resulting in increase in the intensity of communal violence.

The Mumbai violence of 92-93 was followed by the internal migration of the battered minority. Many from minority were displaced or chose to shift to areas, which may be safer for them, Mumbra, Jogeshwari, Bhendi Bazar being the foremost. Incidentally the population of Mumbra before the violence was less than a lakh; today it is more than 7 Lakhs! Similarly many a friends from minority community sold their houses in the mixed areas to shift to the Muslim majority areas, increasing the pressure on civic amenities in those areas.

In Gujarat also ‘borders’, ‘Gaza Strips’ have come up to supplement the ‘mini Pakistans’. As the extent of myths, biases, stereotypes against minorities are going through the roof, the mental partitions are created and these partitions get converted in to the ones of brick and mortar. The communal partitions are the definite aftermath of the communal violence. In Gujarat, the victims of violence were not permitted to return into their own houses, even the written undertakings were demanded from the victims that they will not seek legal justice for whatever happened to them during the violence.

Today, six years after the Gujarat carnage, nearly five lakhs Muslims have to live in isolated ghettoes, and that too in abysmal situations. The extension of civic and other amenities to these areas is conspicuous by its absence. Water, sanitation, health, education, banking and other amenities and facilities are not reaching these areas. These internally displaced people are being helped only by conservative Muslim groups, who are competing with each other in increasing their area of influence amongst them. This is also becoming the zone with poverty, illiteracy, hunger, disease and misery. These conditions are worst in the whole of state. Since the state is shirking from its basic responsibilities of provision of infrastructure for social life, the Muslim fundamentalist groups are providing the same and are also having a field day in these areas. Who is to blame for this, a particular religion or the communal politics which not only resulted in the massive genocide but even now is dictating the state policies by abandoning the responsibilities of the victims of violence and others from minorities who have felt insecure and shifted or were made to shift in these areas!

The message of communal agenda manifested through violence and through creating difficult situation for minorities is now isolating them in most parts of India. So one can see the trajectory of violence as follows, it begins with pre violence biases, stereotypes, then violence, post violence neglect, isolation, ghettoization and finally leads to partitioning of the national community at emotional and physical level.


The communal violence always polarizes the communities. In the initial phase till, say the seventies, the ghettoisation was minimal. From the decade of nineties, on one hand the communal violence has gone into higher gear, ‘hate other’ sentiments have worsened and this ‘non sale of housing units to the Muslim minority’ started becoming unwritten norm. What can be more ironical than the fact that a housing rights activist herself is denied the house, just because she carries a Muslim name!

The second irony is that the RSS politics, which is based on Brahminical values, codes of Manu in a modern form, the caste system in a subtle form, which disguises it by coining the term ‘integral nationalism’ is creating new ghettoes. The traditional Varna system created the ghettoes for untouchables. This social thinking, finding place in Brahiminical tomes justified the exclusion of dalits from the villages. So separate housing for them. Typically Maharwadas (dalit ghettoes outside villages) in Maharashtra were the norm. Now the same thinking is creating new untouchables, and so barring few exceptions the average and even middle class Muslims have to look for housing in ‘special areas’.

Critics of Azmi deliberately overlook the social reality being created due to the politics of communalism. Due to the rise of communal violence, due to the social common thinking which is becoming worse by the day, its worst culmination goes on to equate terrorism with Islam and Muslims.

Most of those involved with social work do come across such cases of discrimination times and over again. No builder in majority, mixed area is going to put the hoarding that Muslims are not acceptable, it operates subtly. There have been sting operations also where this fact has been brought to light. Surely going by Azmi’s experience, one only feels that now even a person totally seeped in Indian-ness, upholding human ethos with utmost sincerity, can also be denied house because of her Muslim name! Normally it should be a matter of honor that such an accomplished actor and committed rights activist lives in one’s neighbouhood. If she is denied the house the only inference is that the communal partitions are near total.

Where is national integration? During freedom movement, the major task of father of the nation was to cultivate and highlight the national Indian community. That’s how people of different religions joined the movement, shoulder to shoulder to build Indian nation, Indian community. What is going on with the rise of communalism is not merely the violence against this or that community; it is an assault on the values of Indian nationhood, on the values emerging from freedom movement. We do need a second freedom movement, freedom from communal mindset, freedom from the divisive politics in the name of religion?

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ram.puniyani@gmail.com

Thursday, September 4, 2008

Then they came for Christians...

Then they came for Christians…

Ram Puniyani

Orissa is witnessing unprecedented violence against the tiny Christian minority. On August 23, 2008, Swami Laxmananand along with his four followers was killed, probably by a group of Maoists. Immediately, anti-Christian violence began on big scale. The way it began it seemed as if preparations for it were well afoot. It was systematic and widespread. It sounded as if preparation was already there, just the pretext was being waited for. So far many innocent Christians have been killed, wounded and rendered homeless apart from many Churches having been torched. The RSS combine, VHP-Adivasi Kalyan Ashram-Bajarang Dal, allege that Swami was killed by Christians, or there is collusion between Maoists and Christians. It is unlikely that there is any such alliance between the two. Any way, what is important is that the crime of murder of Swami must be properly investigated and guilty must be punished as per the law of the land.

Just to recall anti Christian tirade was also launched in December 2007, around Christmas time. That time also the pretext was that Christians have beaten up Swami and so this ‘revenge’. For RSS combine launching such bouts of violence by now is becoming a child’s play. Search for a pretext, launch your well oiled machinery for the communal agenda, communalize the society along religious lines and strengthen your political base seems to be its trajectory. The similar phenomenon was observed in Gujarat, after the burning of Sabarmati coach S 6 at Godhra. Modi announced that it has been done by local Muslims. There was no need to wait for the proper investigation, no need to follow the norm of railway board that every such event must be investigated, and tirade was launched with full vigor, and split in the society along religious lines was brought in ensuring BJP coming back to power. This victory of BJP was despite the decline of popularity of BJP. Anti incumbency was nullified and Modi returned to power to further his agenda. Power of polarizing the society by communal violence was at display at its worst.

This, by now is the standard technique, spread canards, myths, biases against minorities, look for pretext and go for the kill under the tolerating eyes of communalized state apparatus. If BJP is in power or is an ally in the seat of power, the job is easier. Anti Christian violence went on higher gear in the same year in which BJP came to power in the Center in 1996. The pretext was that Christian missionaries are converting the gullible Adivasis by force, fraud and allurement. This incitement was skillfully utilized by Adivasis Kalyan Ashram, VHP and Bajrang dal, and the violence started going up in intensity over the years. The most ghastly of this was seen in the burning alive of Pastor Graham Stains along with his two innocent sons, aged 11 and 7 years. This was immediately followed by the murder of Fr. Arul Das. Also Sheikh Rahman was killed on the charges of trading in cows for slaughter. Anti Christian atmosphere was built up and as this was more in the remote places where Adivasis do not have easy access to law, police etc, anyway there efficacy in helping minorities from the onslaught of RSS combine is also doubtful by now, the process has been going on and on. The violence kept on simmering and kept taking intense forms around the Christmas times. In a way a new Christmas ritual of burning churches and beating up Christians around Christmas time became a sort of annual event. It is immaterial that the number of Christians is miniscule in Indian society, it is immaterial that Christian missionaries are working in India from first century A.D. itself, it is immaterial that the despite the allegations from RSS combine, the population of Christians as per the census figures has been declining constantly. In the face of these facts the argument proffered was that since the converts to Christianity don’t want to loose their privileges that don’t declare their true religion and are crypto Christians. The simple point is that Adivasis, where the missionary work is maximum, don’t loose such privileges after conversion. Gobbles must be turning in his grave with his followers surpassing him many times over!

In it not a mere coincidence that maximum violence in Adivasi areas has been seen in the poorest regions. Dangs in Gujarat is the poorest district of Gujarat, and Orissa is amongst the poorest states of the country. The main reason for violence against Christians is to ensure that the welfare, educational services offered by them do not reach the Adivasis and that they remain poor and illiterate, that the status quo in these areas prevails so that the democratic space for these wretched of the society is blocked by the religiosity cultivated through Swamis. We saw two processes of co-option and one political process of intimidation in these regions. Through Swamis, Laxmananad (Orissa), Assemanand (Dangs) and followers of Asaram bapu in Jhabua area, they did the cooption work, Gharvapasi, conversion in to Hinduism. Through mega processes like Shabri Kumbh in Dangs, Hindu Sangams in other Adivasi areas, an intimidating atmosphere has been created to draw them to RSS fold. The other process is the political one. This is the building up of mechanism where by Dara Singh’s, and his clones are ready waiting for pretexts to pounce upon the social fabric of unity. The violence is made to look as spontaneous and is a part of a process of revenge. It is neither, it is well planned un-folding of RSS agenda. Even Wadhva Commission, pointed out that there was no conversion activity by Pastor Stains. The civic rights groups have pointed out that the violence has political foundations and has nothing to do with religion or conversion. A Peoples tribunal headed by retired Justice Usha also warned about the preparedness of the communal organizations for violence,
The case of Orissa was specifically investigated by India Peoples Tribunal, led by Justice K.K.Usha (retired) of Kerala High court in 2006 (Communalism in Orissa). This tribunal forewarns about the shape of things to come. " The tribunal assessed the spread of communal organizations in Orissa, which has been accompanied by a series of small and large events and some riots…such violations are utilized to generate the threat and reality of greater violence, and build an infrastructure of fear and intimidation." It further notes that minorities are being grossly ill treated; there is gross inaction of the state Govt to take action. Outlining the mechanism of the communalization, it points out, "The report also describes in considerable detail how the cadre of majoritarian communal organizations is indoctrinated in hatred and violence against other communities it holds to be inherently inferior. If such communalization is undertaken in Orissa, it is indicative of the future of the nation… the signs are truly ominous for India's democratic future." (p 70)
In all the Adivasis areas, a dangerous situation, and occasionally an apparent calm prevail. While swami Laxmananand’s killers deserve the punishment, Swami’s followers are spreading hate in these areas and vitiating the atmosphere. One can also see the communalization of state apparatus and BJP protecting its marauding mobs either by pulling the strings from the seats of power or by spreading the canards against the weaker sections of society. Interestingly as pointed out above, the December 2007 violence was launched on the pretext that Christians have beaten up the Swami! We do need to look back and check the activities of those spreading hate in the name of religion. While the Christian sects are dime a dozen, all are not in the business of proselytization. Few of them must be indulging in wrong practices, but surely law of the land can take care of those not following it. Permitting violence by the state machinery tantamount to violation of the oath taken by those in power, and they should to be suspended form the seats of power. And if they are not able to protect the innocent citizens of their state, why should they continue to rule? The question is which political force is above suspicion and honest enough to abide by the laws of Indian constitution? The question also arises, is the state bureaucracy and police honest enough to protect the minorities? Time to introspect and set the things right at deeper level of governance and politics.