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Section III
IN THE WAKE OF VIOLENCE
The violence in Gujarat has left in its wake
deprivation, despondency, and desperation. Islands of survivors
huddle together across the state in miserable relief camps, in
both urban and rural areas. They have become a truly ghettoised
people, in body and mind. Betrayed by neighbours and friends,
left for dead by the State, they trust only each other.
Ghettoisation, once only an urban scourge, is now the rural
future as well. Sudden economic destitution is hitting women hard
- those who have lost the family income earner, look at their
children with despair and fear for their future. Single women and
widows, who had acquired economic independence, now rely on
community patriarchs for survival. Their life savings are burnt.
Meanwhile VHP/Bajrang Dal workers roam the countryside, free from
fear of punishment. Women activists who need to be out there,
helping rape survivors, speaking to widows, giving relief,
lodging FIRs, work under constant threat to their lives. And a
discredited Government speaks of setting up Peace Committees.
A. VISITING THE CAMPS
There are over a 100,000 refugees in Gujarat today, among them
many women and children. The fact-finding team visited 7 relief
camps in both urban and rural areas.
Relief Camp No. of Women
No. of Men
No. of Children
Total*
Shah-e-Alam (Urban)
2744
3008
4755
10,537
Qutb-e-Alam (Urban)
378
355
495
1228
Ramayan (Rural)
128
142
153
423
Memdabad (Rural)
500 (approx)
500 (approx)
500 (approx)
1500 (approx)
Vadali (Rural)
620
560
597
1777
Halol (Rural)
449
444
177
1070
Kalol (Rural)
674
667
910
2500
· These figures are changing everyday, as people leave to seek sanctuary with relatives, or as new people, particularly in rural areas, finally make their way to the camp.
First Impressions
The Shah-e-Alam Camp is located in the Shah Alam Dargah. It is approached through an ancient gate which opens into a large courtyard type clearing. Near the entrance there are twenty-two toilets for 2200 families or 8000-10,000 inmates. The thick stench is nauseating. As we enter and remove our sandals the flagstones burn the soles of our feet. On the left there is a large room, which serves as an office cum meeting place. People are milling all around. Women, men, children of all ages are scattered across the floor of the Dargah. The muezzin calls them to prayer. Not many respond. They are a company of broken people.
The Vadali Camp is no more than a large open
maidan with a cloth shamiana strung overhead. It provides little
protection from the heat. The sides are open. When we visited,
several hundred women were sitting huddled together in small
groups. The maidan is in front of a now defunct cinema hall
– the Veena Cinema. At night over 600 women, and nearly 600
children crowd into the premises of the cinema to sleep. The men
sleep outside. The toilets are inadequate and the entire compound
is slowly becoming a large latrine. They have been living like
this for over a month. The only politician to visit is a local
Congress leader – he came once. We are the first women
visitors.
GHETTOIZATION: THE RURAL EXPERIENCE
“Yudh ho gaya hai” (war has broken out) – said a
woman in Panchmahals, witnessing communal carnage in rural
Gujarat for the first time. In urban areas like Ahmedabad, Muslim
ghettos had already been created for a variety of reasons –
Juhapura, Naroda Patia – all Muslim areas. This time round
rural ghettos are being born. Muslims are flocking in from the
countryside to the nearest urban settlements, swelling the
numbers in the Muslim majority areas.
A Community Betrayed
Women testified to feeling an acute sense of betrayal. They feel
betrayed by neighbours, friends, people they have lived with,
celebrated festivals with, done business with. These people,
along with mobs from the outside, looted, killed and burned their
homes and families. How do you re-build that trust?
· I asked my neighbour Hira Bai for some water. I was told “Aaj to pani nahin aaj to marna hai.” (No water today, today is for dying) Zahida Bano, Naroda Patia, Ahmedabad
· “How can we go back the violence is still continuing. Our house was not burnt earlier. It was burnt 4 days ago.” She was clear that the violence was master minded by Dinesh Bhai the deputy Sarpanch. According to her testimony, at around 5pm on February 28th Dinesh came and told several of them that nothing would happen. Then they burnt many Muslim houses that night.” Ava Bi, Mudeti village.
· Of course I can recognize them. I saw them everyday. I grew up with them. Now with my work I know everybody here. What could I tell them - don’t kill me, you’ve seen me everyday of my life.” Saira, Vadali camp, works with Centre for Social Justice
Rural Relief Camps: Muslims should look after
other Muslims
The process of ghettoisation has begun with the rural relief
camps. Camps have sprung up wherever people ran to safety, and
they invariably ran towards Muslim dominated areas. The idea of
“safety in numbers” was never so acutely experienced.
In each case, it has been local Muslim community leaders who have
provided shelter, made arrangements to feed and house hundreds
and thousands of people. In some cases food rations are being
supplied by the Government. But hardly any Government officials
or elected representatives have visited. The message is clear:
Muslims are not the responsibility of the State. Muslims should
look after other Muslims.
The Vadali Relief Camp (Sabarkantha District), for example, is being run by the Muslim Paanch Jamaat. This includes leaders from five Muslim communities: Pathan, Lohar, Memon, Mansuri, and Sipahi. The overall camp coordinator is Amanullah Khan, a local Congress leader, referred to as Chacha (Uncle) by the camp residents. Amanullah Chacha was responsible for making phone calls to the Khed Brahma Police Station and ensuring that many stranded Muslims were transported to the safety of the camp. The maidan where the camp is located adjoins a large Mansuri settlement in Vadali. The presence of large numbers of Muslims in the neighbourhood is reassuring for the camp residents. Many Mansuri refugees have even found temporary shelter through an extended kinship network in the Mansuri settlement itself. The Vadali Camp is providing shelter to a rural population spread across large distances – and including many villages in Khed Brahma, Vadali, Bhiloda, Modasa, Vijaynagar, Idar, and even Arad (in Banaskantha District) among others.
Kinship networks have been instrumental in operationalising many rural relief camps. Take the Ramayan Relief Camp (Sabarkantha District), for example. Ramayan (along with its twin village Mahabharat) is a Muslim majority gram panchayat, with a Muslim Sarpanch – Sattar Bhai Jamal Bhai. Nearly 500 refugees have gathered here from a radius of up to 50 kms, mostly relatives from neighbouring villages. The camp itself is unlike Vadali. Here the refugees have taken shelter in the homes of extended kin members. It is only for meals that they gather in a large hall and are fed from a common kitchen. Until 10 or 12 years ago, the village was called Pratapgarh. Then the villagers saw the TV serials – Ramayan and Mahabharat. They loved the Hindu epics so much that they decided to re-christen their village. One wonders if they would they ever do the same again?
The Kalol Relief Camp is being run by leaders from the Muslim Ghachi community. When the trouble first started Muslims from surrounding villages started flooding the Muslim dominated mohallah (neighbourhood) in Kalol town. From March 1st to March 7th the galis (narrow lanes) of the entire mohalla had turned into a relief camp. The refugees simply lived out in the open for seven days without any shelter - a scared flock, seeking safety in “Muslim” surroundings. Some refugees found place in the madrasa, inside the masjid, and some in homes. The camp coordinators claim that it was only by putting pressure on Congress leaders Amarsingh Chaudhary and Ahmed Patel, that they managed to get Government permission to use a large maidan in town. Today the maidan houses over 2500. The Government supplies rice, wheat, sugar, and oil. A Government mobile ambulance visits the camp once a day.
Unlike urban camps, particularly Shah-e-Alam Camp in Ahmedabad, which has been visited by many, most rural camps have had few, if any, visits by outsiders. Many are located in remote areas, a long, dusty drive away from big towns and cities. Visits by outsiders especially from the majority community have been rare. One woman in Halol camp, which had not had any visitors, said, Bahar ke log bhi hamare bare mein soch rahe hain hame nahin malum tha. Ab to hum ek kone mein ho gaye hain, sab ke nazron ke bahar. (We didn’t know that people outside are even aware of our existence. We have been shunted in a corner now, removed from the eyes from the world)
What is most striking in rural relief camps is the need for the refugees to speak. Women, in particular, have not had a chance to share their experiences with anyone. There is desperation in the way they respond to a sympathetic ear, and reach out towards an outstretched hand.
Long Journey to Safety
In order to reach the sanctuary of these Muslim majority areas in
rural Gujarat, people have been forced to take refuge in jungles,
forests, and fields for days on end, as they inch their way
gradually towards safety. In Halol camp (Panchmahals) for
example, one woman had come to the camp only on the day the
fact-finding team visited, after hiding in fields for 24 days.
Testimonies from Panchmahals District:
· Fatima Bibi, who was visiting her sister in Eral village said she hid in the forests for 4 days. She ran out of her home to escape the mob on the 1st and reached Halol camp on the 5th.
· Kulsum Bibi also from Eral, where there are about 40 -45 Muslim families, had walked several kilometres and some had spent several days hiding in forests and fields, without food and water.
· Mumtaz, of Ranjit Nagar, reached the camp on the 29th, after walking several hundred kms and 24 days after she had left her village. She and her family, which included her husband, her in- laws and 3 children, fled their home when the mob arrived on the 28th. They first hid in nearby fields for two days and then kept on moving from village to village in search of a safe haven. They kept moving as everywhere they reached there was tension. They could see fires. (Mumtaz’s feet were swollen and full of blisters).
Cultural Oppression
The pressure to conform culturally in order to survive has become
part of the fear psychosis of women. The fact-finding team heard
many testimonies where rural Muslim women had to adopt
“Hindu” attire - shun their salwar kameez in favour of
sarees; and wear bindis in order to escape to safety[10] .
Wearing a bindi or not wearing one - such a small gesture and yet
so large when seen against the firelight of over 200 burning
mosques and dargahs across the length and breadth of Gujarat[11]
.
The Malav hospital refused to provide protection. Ranjitpur is not far from Halol but as things were already tense we could not take the direct route. As a result we kept moving further and further away from Halol. Finally we disguised ourselves as “Hindus”- My mother-in-law and I wore sarees and bindis. We changed our names. My husband became Ramlal, my mother-in-law Sharda, my father-in-law was Amrit bhai, and my children were Ramesh, Raju and Suneeta.
Mumtaz, of Ranjit Nagar, now a refugee in Halol Camp. March 30, 2002.
Point of No Return
Most people met by the fact-finding team stated clearly that they
were unwilling to return to their villages. The scattered
positioning of Muslim homes in the villages makes them feel
insecure, particularly since most refugees come from villages
where they are a tiny minority, vulnerable to attack at any time.
Futile attempts to return since the carnage began, have only
strengthened their conviction that they can only make a future
for themselves in Muslim majority areas.
Responses from Ramayan Camp
· In the beginning there were 625 residents in the camp. About 35 attempted to return home but most have now come back to the camp. The Goral Gaon Sarpanch came with about 10 people to call the Muslims back. But once they reached the village seeing the atmosphere there he himself asked them to return - “ Ab aap 7-8 din ke liye chale jao. Phir vapas ana” (Perhaps you should go away for another 7-8 days, and then return).
· Suraiya, wife of Samad, was also emphatic that they could not go back. She said that when people have tried to go back they have been told in no uncertain terms - do not come back. We do not want Muslims here. She said, “jab vapas gaye kisi ne bola hi nahin.” (When we went back, no one in the village even spoke to us).
Responses from Vadali Camp
· From Idar, Bilora, Arad and Vijaynagar, the sarpanches came and took people back, assuring us - that everything was calm. And we could return home. In Banaskantha about 600 Muslims went back with their Hindu Sarpanches. Some came back during Holi fearing tension. Some will return after that. Amanullah Khan.
· Dasksha behn, the Sarpanch of Goral sent her husband, Jashubhai to bring back some of the Muslims. Mansouri Bhai returned but on the 19th of March a crowd of about 2000 came and beat him up. Two durbars fired shots in the air, which frightened the mob. They saved my life but I lost everything - a tractor, three shops, goods worth 3 lakhs. Now I stand here on the road with nothing. Mansouri Bhai
· “What can we think. If we go back we will be killed. We are terrified. They have warned us. We don’t expect anything from Narendra Modi. The only way we will survive is if we all live together. It is when we are dispersed and living in small numbers that we are attacked. If the government gives us land somewhere we will relocate. In fact we are thinking of asking the government to give us some land near Khed Brahma.” Mansouri Bhai # 2.
Fear and Muslim Women
The impact of fear on Muslim women can already be seen. With the
entire community under threat, women in particular are paying the
price – with their freedom and mobility. Mothers fear for
the safety of daughters. Husbands fear for wives. And the first
response to fear is the imposition of restrictions. As Muslim
communities ghettoise, there is danger of further ghettoization
of women within the home. With entire families forced to migrate,
the education of girls is suffering. Clearly when lives are in
danger, this is not a priority. Ila Pathak, a leading social
worker in Ahmedabad told members of the fact-finding team, that
her experience with forced migration indicated that mothers are
often found to be more educated than daughters for precisely this
reason. Gains of emancipation are being slowly eroded. Muslim
women’s voices are already being stifled. One can see this
in the camps. Community patriarchs are in charge, and one sees no
signs of women being part of the decision-making. But then this
is an hour of crisis for the community as a whole. Some might
call it churlish to raise issues of emancipation at a time like
this. Women’s issues will have to wait for more peaceful
times?
Rizwana is 26 years old. An advocate, she lives in Vatva with her parents. She has experienced animosity many times while attending court. A couple of years ago there was a stabbing incident - one of the girls in court remarked, “Tum log to bahut stabbing karte hon. Seekhe honge.” (“You people do a lot of stabbing, You must have learnt it”) An action by one individual would be attributed to the entire community. The Indo-Pak cricket matches would always become points of tension – “Kuch bhi ho to Pakistan ka zikr karte hain” (‘No matter happens, they always raise the issue of Pakistan”) Eight percent of the advocates in the court are Muslim. Once it so happened that at one particular meeting most of the advocates who attended were Muslims. A Senior Advocate walked into the room and remarked, “Yeh to Pakistan ka court lag raha hai.” (“This is looking like a Pakistani court”) I used to feel “Hum to Hindustani Hain- please humko aisa mat bolo.” (We are Indian. Please don’t say things like this to us)
She hasn’t been to the city civil court where she practices since February 27th, 2002. ‘I normally I go by scooter. I could go, but if I don’t come back then what is the point. They haven’t spared women and children this time. Women are not going to be allowed to roam about freely for a long time.’
What was she feeling? Anger, helplessness and desire for badla (revenge)? She looked startled by the word badla. ‘Our people are laachaar (broken). They are not being able to do anything’. ‘Agar badla ka saval tha to kab ka le chuke hote.’ (If it was a question of revenge we would have taken it long ago). ‘Ab to woh din yaad hain jab hum “free” the. Scooter le kar kahin bhi chale jate the. Ab to quaid ho gaye hain apne hi shaher mein. Badla nahin, logon ko phir se jeena hain’ (Now I can only think wistfully of the time when I was free. I would hop on my scooter and go wherever I pleased. Now we are prisoners in our own city. People don’t need revenge. They need to live again).
Rizwana. Vatva, Ahmedabad, March 27th, 2002
C. ECONOMIC DESTITUTION
The economic targeting of Muslims in the current violence in
Gujarat is unprecedented. A drive down any street in an affected
area will confirm this. Muslims businesses in both urban and
rural areas have been systematically destroyed. Scores of women
that the fact-finding team met have lost everything overnight;
everything except the clothes on their back. Shops were burnt and
homes looted of everything. Many women kept repeating long lists
of the possessions they had lost. Some insisted that we write
down everything. The psychological impact of this sudden
destitution has been brutal.
INNOCENCE IN THE TIME OF WAR
Adivasis took away everything, says Shaheen, in a soft voice,
looking shyly at the floor, as if embarrassed at complaining to a
stranger. She’s little. Sonu, her parents call her. Only 7
years old. And she can’t understand why her loss is less
important than others’. Resentment is barely concealed in
her innocent eyes. Because the looters who attacked her village,
snatched away her most prized possessions – her toys.
“Ek cycle thi” (I had a cycle), she says. But lest we
don’t appreciate the full extent of her loss, she quickly
adds “Doosri cycle bhi thi” (I also had another cycle).
Now she’s unstoppable. In barely audible tones, the list
starts pouring out of her mouth – “Ek kursi, ek vimaan.
Ek choolah bhi tha. Chooleh pe roti banate the. Gudiya bhi
thi”. (One chair, one aeroplane, one stove. I used to make
rotis on my stove. I also had a doll) Are Hindus bad, we ask?
Yes, she nods, followed by a quick “No”. She thinks of
Anita and Kamal, her friends in the village school in Atasumba.
They are Hindus. She misses them.
Ramayan Camp. March 28, 2002
Creation of Female Headed Households and
Destitution of Single Women
An immediate impact of the violence is the creation of
female-headed households. In many cases entire families have been
killed. Women testified to having witnessed several members of
their family dying. They were dealing not only with the trauma of
this loss, but facing a future with their life’s savings and
livelihood sources destroyed. For those who were already
surviving as single women (including widows) before the violence,
the future is equally bleak. Having struggled to gain economic
solvency, they are back to being destitute.
Ayesha Bibi, Shah e Alam Camp, Ahmedabad. March 27, 2002
They killed my husband. He was a rickshaw puller. My brother was shot. They tear-gassed us. I have four children.
Juleha Bi, Shah e Alam Camp, Ahmedabad. March 27, 2002
She too witnessed her husband’s death. “ He was burnt in front of the Police line. If the police had taken them inside this would never have happened. In earlier riots nothing happened because the SRP helped. I have 6 children to be bring up on my own.”
Mumtaz, Ramayan Camp, Sabarkantha district. March 28, 2002
My husband Karim Bhai died 12 years ago. I have one son. He is 12 years old. I work as a domestic servant to support myself and feed my son. On Friday around 7.30 pm the mob came. They were about 150 people. All with their faces covered. ‘Our’ Muslims had 56 houses and 7 shops. All of us ran for our lives. The durbars hid us in their houses and gave us food. In the morning they told us “You’d better run for safety somewhere else.” From the durbar’s houses we could see everything. First they looted everything. Then they burnt our houses and shops. Where can I go from here? ”
Kulsum, Ramayan Camp, Sabarkantha district. March 28, 2002
My husband left me five years ago. I had a small galla (stall/shop) selling a variety of things – saag bhaji (vegetables) and bangles. I was managing on my income. Then came the attack on my village Munai, which has only 15 Muslim homes. The Patels and Adivasis destroyed everything. My neighbours (Rajputs) prevented my house from being burnt, and they even hid me for a while, but my galla was burnt. I have come to the camp along with my husband’s older brother and his wife who also lived in Munai. I have 3 children to support.
D. NEW RURAL DIVIDES
The rural experience of the communal carnage has been only
marginally different from the urban story. The mobs have been
smaller than generally reported in big cities-sometimes as small
as 50, and the largest - 500 to 1000 strong. In one incident the
attackers arrived in 8-10 tractors. A common factor in both urban
and rural testimonies heard by the fact-finding team is, that in
a majority of cases the victims recognise the attackers –
they have been people from the village, usually accompanied by a
mob from the outside. What is new this time is the large-scale
involvement of Adivasis in the attacks on Muslims.
Dherol Village with about 5000 residents has a mixed population. The Muslims are Ghachi, Memon, Pathan and the Hindus are Harijans, Darbars, Thakeras, Adivasis, and Darjis, among others. Kachi Patels live in the Dherol Kampa (a hamlet ). 45 year old Kanija Ghachi has a small “gehoon, shakkar, chai ki dukaan” (a small provision store) which she runs about 8 kms away from the village. According to her, the first round of violence started a year and a half ago. A Bajrang Dal rally went berserk and attacked the masjid. The main people behind the rally were the Kachi Patels from the Kampa. They want to break our masjid and build a mandir in its place, she says. At that time also Kanija ran from the village. This time it’s the same story. Again the Kachi Patels. The man to blame is Dhanji Bhai Patel, a Kachi. He told the Adivasis – kill Muslims, we’ll give you money. Kanija heard this from Kalabhai Damor and Parthabhai Damor (father and son) – the Damors are also Adivasis. That’s how they know the inside story - that Dhanjibhai is enticing Adivasis. This time in the violence they brought in Adivasis from other villages as well to attack us – from Jher, Khaariberi, Beria. “Patel ne unko aage kiya. Daru pilaya. Khana khilaya. Khush rakho. Aur bola – maar do saalon ko” (The Patels put the Adivasis in front. Fed them booze and food. Kept them happy, and said kill the bastards – meaning Muslims).
“All the Muslim homes are burnt. No Hindu came to help us. Where there are Patels, no Hindu comes to help.”
Kanija Ghachi. Resident of Dherol Village.
Vadali Relief Camp. March 28, 2002.
Several testimonies in Sabarkantha district named Kachi Patels as the community that instigated violence. Some people maintained that in villages where there was no Kachi Patel community there has been no violence. They said that this time the objective of the Kachi Patels was to economically destroy the Muslim shops and small businesses and take them over. According to Camp residents, the Bajrang Dal actively recruits members from this community. Many people in their testimonies stated that this time the “Adivasis were merely used” (unko mohtaj banaya) by the Patels.
The Patels have used the Adivasis. For 2 years there have been no rains, so the Adivasis are economically in a bad shape. But they have gained little from the looting. The Kachi Patels looted the fridges, washing machines, TVs and simply blamed it on the Adivasis. A few days ago some Adivasis leaders, Kalji Bhai Kataria and Anil Bhai Joshiara called a meeting to address this issue of Adivasi involvement. They demanded a police combing operation in the area. “Those Patels are using our name” they declared. “Search all the houses and see where the looted TVs and refrigerators are hidden - Adivasi houses or Patel houses? The Adivasis were simply given alcohol and told “go loot the Muslim houses. Kill them, burn everything.” Everything valuable from looting is sitting in the Patels’ houses.”
Samad Luhar, Ramayan camp, March 28th, 2002.
The fact-finding team spoke on the phone with Anil Joshiara, an Adivasi leader (mentioned in Samad’s testimony above). He confirmed that he had demanded police combing operations to prove that Adivasis have gained little from the looting except a bad name. He claimed that the Adivasis who were involved in the violence were only misguided youth.
E. VHP AND BAJRANG DAL: WOMEN’S
EXPERIENCES
In testimony after testimony, people identified by name members
of the Bajrang Dal and Vishwa Hindu Parishad involved in inciting
and committing violence. The fact-finding team spoke with women
activists and victims in the camps about their views on the
growing polarization between the Hindu and Muslim communities.
Both sets of people linked it to the aggressive agenda of the
Sangh Parivar - particularly the Bajrang Dal, Vishwa Hindu
Parishad and, in some cases, the Shiv Sena. In the rural context,
women directly linked a rise in tension with the establishment of
local units of the Bajrang Dal and the VHP. They spoke of
meetings organized by these groups, and the arms they distributed
at these meetings. Many believe that the tension has really
escalated in the last six months. For instance Jayanti Ravi,
Collector Panchmahals confirmed that in October - November 2001,
(near the time of Navratri), there had been tension in the area.
Around that time several activities like Ramdhun and trishul
distribution programme had been organized. Women activists have
been directly threatened by these organizations.
Accounts of Women Activists
Sahiyar Stree Sangathan, Vadodara
Activists from the Sangathan told the fact-finding team about the
pattern of indoctrination by the Sangh Parivar. Whenever they
find that an area is relatively peaceful, they begin organizing
meetings to instigate the residents. They make a practice of
sending bangles wrapped in red cloth to areas, which have
remained peaceful despite having some Muslim homes. The message
is clear; shaming them for their ‘femininity’, implying
that they are gutless for allowing Muslim houses to remain
intact. (Many other people we spoke with also referred to this
practice of sending bangles). In areas like Bhavnagar and
Surendranagar, for example, bangles were placed in a prominent
central place. Neighbourhood meetings are then organised with the
insistence that representatives from all nearby colonies should
attend. The message given is that they should ‘do
something’ in terms of destroying Muslims, ‘even if you
get arrested we will take care of you’. At these meetings
cell phone numbers are given for people to collect
‘sadhan’, meaning weapons such as talwars and knives
for ‘self defence’. The gist of the anti-Muslim message
that is imparted is as follows:
- The government has been pampering the very people – Muslims - who have done ‘atyachar’ on us. For instance, the government sends them for Haj.
- In actual fact, it is the Hindus who are oppressed and exploited.
- Population wise they will soon out-number us.
- In madrasas, they preach ‘aatank’ (terrorism)
- They are anti-India, pro-Pakistan. During cricket matches they cheer for the Pakistan team
A Women’s Organization, Panchmahals
A women’s organization that works in Panchmahals and Saurashtra said that the VHP has accused them of converting people to Christianity even though there is not a single Christian in their team. In fact, they have registered a case against us, one activist said. The four founding members of our organization are Hindu but our organization is secular. The VHP does not like our work because we have been able to mobilize poor, tribal women and these women have not been drawn into their network. We are worried about the safety of our women activists who travel around on lonely roads on scooters. The VHP employs goons to threaten and attack women. They’ve tasted blood having raped, killed, burnt and looted and go around absolutely scot free with no fear of punishment.
Accounts from the relief camps
Qutb-e-Alam Dargah Camp, Vatva, Ahmedabad
· Every time there is a cricket match with Pakistan there is tension. But we have been feeling the tension for the past six months to a year, as the Bajrang Dal has become strong here. Raat ko nare lagate hain, lathi lekar practice karte hain. Inka leader Mahesh Patel hai. Inhone sab kuch karaya. (They shout slogans at night, they practice with their sticks. Their leader is Mahesh Patel. He was responsible for all the violence).
Saira
· The Bajrang Dal has regular meetings at night. Their membership is mainly young boys. For the past 6 months they have been regularly stoning our houses, usually after their meeting, when they are in an excited mood. (We were taken to see some of these houses) We used to feel that we should just put up with it, because we have to live here. Par kya phaida hua. 6 maheene tak sahan kara. Ab yeh kara. (But we gained nothing. We bore it for 6 months and we have now had to suffer this violence).
Azizunissa and Bilkis Bano
Vadali Relief Camp, Khed Brahma, Sabarkantha
Several of the women in the group mentioned there had been a escalation in tension between the two communities over the past few months. They all talked of an incident around Shab-e barat, 3- 4 months ago, when there had been stone throwing.
· In the last 2- 3 years there have been about three incidents . In the last few months we have noticed the Bajrang Dal getting more aggressive. Jatin Bavchi Shastri used to go around saying, “We do not want Muslims here.” About 4-5 months ago at the time of shabbe baarat, a mob of about 40 had surrounded our house and there had been stone throwing. We never used to pay much attention to these incidents. We had become quite used to them. Besides these incidents we had a decent relationship with the Hindus. I never knew they had so much hatred towards us or where it came from. When I think of what has happened … 50 years of earning reduced to the clothes I have on now… yaad karte hain to kaleja phat ta hain. (When I think of what has happened, my heart breaks).
Imam bibi Kamluddin Luhar
· We could see trouble coming. Some time ago, they complained about our namaaz. They said it was disturbing. Then the police advised us to use the loudspeaker only three times a day. We thought, O.K. why invite trouble. We cut out the loudspeaker for all 5 namaaz readings. But the men kept on insulting us. Picking on us, starting quarrels. On Feb. 28th, they told us “You’d better keep lots of milk in your house. We are coming for chai.” When they came we sensed there would be trouble. The Patels came and sat down to drink chai. Then the mobs with the Adivasis came. The Patels said “Get out or they’ll kill you.” They burnt the house. They were carrying petrol, kerosene and tyres. Our businesses are finished. Our houses burnt. Where can we go? When we go to see our houses, they say “We’ll cut you up. The Bajrang Dal gives them trishuls and talwars. The Deputy Sarpanch Dinesh Kumar Narpat bhai Desai has a 12 bore gun. The DySP Solanki saab is a VHP leader he will not take action at all or help us.
Sattar Bhai
F. SMALL RAYS OF HOPE
Everywhere the fact-finding team went, we heard cases of ordinary
Hindus and Adivasis protecting Muslims. This was also true of
urban areas. These were small but significant moments in our
fact-finding mission – signs of humanity and compassion in
the otherwise overwhelming narrative of hate.
Krishan Nagar, a semi slum cluster in Vadodara is inhabited by poor Hindu and equally poor Muslim families. The fact-finding team visited the home of Shri Pillai who is responsible for saving the lives of 500 Muslims of the area by hiding them in his house. He and his wife heard of the impending attack by the mob while they were at a Muslim barat (Hindus and Muslims were attending each others’ functions). Apprehending trouble, Pillai along with his 3 brothers, started quietly to bring Muslim families into his house. Between all the brothers they kept them for 24 hours, fed them and left them in safety at the Qureshi Jamatkhana.
In Sabarkantha and Panchmahals many women and children received help from members of the Adivasi community when they were hiding from mobs in the forest.
I ran into the jungle with my children and wandered there for 6 days. On the 7th day the Damors (Adivasis) found us, and took us in for two days. They fed the entire group of refugees from Dherol. There were 13 of us they saved.
Kanija Ghachi. Resident of Dherol Village. Vadali Camp. March 28th, 2002
My sister Farzana and brother Sikandar had escaped into the fields. I watched the mob strip and beat my extended family along with my cousins Mushtaq, Mohsin, and Shiraz from behind some bushes. Then as we also ran towards the fields, a Kaka (a Baria man) pointed us in the direction of the makka khet (maize field) that my brother and sister had run into. When night fell, Sikandar and Shiraz started crying from hunger and thirst. We saw a torchlight. Kaka and his wife had come to get us. They kept us and fed us for 7 days. Kaka also went and spoke to local sarpanches and leaders. He located my mother who had escaped to Halol. That’s how we came here.
Ayub, 12 years, Resident of Limkheda Village. Halol Camp. March 30, 2002. (for more details of this testimony refer Section I: Sexual Violence Against Women)
Most of this help was given in the form of temporary shelter, food, and assistance with escaping. Clearly many of those giving refuge also feared the mobs, and did not want to take on the permanent responsibility of the fleeing Muslims.
Fatima (Halol Camp) reported that when they ran out of their homes on Feb.28th they had taken refuge in a Baria’s home. But the mob followed them there and the next morning they were asked to leave. Similarly Halima Yusuf Bhai, was washing clothes when she saw a mob of nearly 1000 people approaching. She ran and took shelter in the home of a Baria, whom she did not know very well. There she found others. She later found out that his name was Manu bhai Baria. He escorted them to the tempo on which nearly 40 of them went to Halol. Kulsum bibi and nearly 50 others were given refuge by Rohit bhai Suthar. All of them spent the night in his attic.
G. STATE RESPONSE: Are Peace Committees the
Solution?
One of the strategies proposed by the State Government to deal
with the aftermath of violence in rural areas, is to set up Peace
Committees that will engage in confidence building measures.
According to Jayanti Ravi, District Collector, Panchmahals, the
Government was focussing on “motivating people to return
home.” When told that not a single person whom the
fact-finding team met considered “return” a real
possibility, she said the government’s task was to
“convince the minority community that what has happened is
an aberration. Not everyone in the majority community is against
them” The strategy is to hold meetings in villages with
community leaders, form peace committees and gradually get the
refugees to go back. The District Collector’s office is
drawing up lists of villages and community leaders from both
communities who can play a catalyst role. No peace committees
have been set up yet.
Section IV
VIOLATION OF INTERNATIONAL INSTRUMENTS
The fact-finding team found that that the State had failed in its foremost responsibility of implementing International Human Rights norms and instruments as they relate to violence per se, especially violence against women. These include, among others, the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the Convention against Torture and other Cruel, Inhumane, or Degrading Treatment or Punishment, Convention on the Prevention and Punishment of the Crime of Genocide. The question that the team asked itself was whether prima facie what happened in Gujarat post-Godhra could be deemed a crime against International Law?
At the outset we recall that in its report on Gujarat, the National Human Rights Commission in its preliminary comments stated the following about Section 12(f) of its Statute:
(i) The Statute of the Commission, as contained in the Protection of Human Rights Act, 1993, requires the Commission under the provisions of Section 12, to perform all or any of the following functions, namely: (f) Study treaties and other international instruments on human rights and make recommendations for their effective implementation;
The above is an overarching provision. It obliges the State to ensure the implementation of the instruments which it has signed and ratified from time to time.
Universal Declaration of Human Rights
Adopted and proclaimed by General Assembly resolution 217 A (III)
of 10 December 1948
Ø The Opening Declaration of the UDHR closely resembles the Preamble of the Indian Constitution. Article 2 of UDHR on non discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status is reflected in Indian Constitution Article 15 which requires ‘Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth, or any of them’. Article 3 of UDHR – ‘Everyone has the right to life, liberty and security of person’ corresponds with Article 6 of the Constitution ‘Every human being has the inherent right to life. The right shall be protected by law. No one shall be arbitrarily deprived of life’. Articles 7 and 18 of UDHR are comparable to Articles 14 and 15 of the Constitution. Both these sets of articles deal respectively with a) equality before law and entitlement to protection against any discrimination and, b) with freedom of religion, thought and conscience.
Ø In addition to the above there are Articles 5 and 25 of UDHR, which assume special significance in the Gujarat context. Article 5 states ‘No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment’. And Article 25 states ‘Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection’.
Our Observation:
Examining the facts, documenting testimonies, we have arrived at the preliminary conclusion that the role of the State in the events of Gujarat since February 28th 2002 has violated not only this Declaration it has also violated the very provisions of the Constitution of India, which has been closely patterned on the above.
International Covenant on Civil and Political
Rights
Adopted and opened for signature, ratification and accession by
General Assembly resolution 2200A (XXI) of 16 December 1966 entry
into force 23 March 1976, in accordance with Article 49. India
acceded on April 10, 1979
Article 2
Ø Each State, party to the present Covenant undertakes to
respect and to ensure to all individuals within its territory and
subject to its jurisdiction the rights recognized in the present
Covenant, without distinction of any kind, such as race, colour,
sex, language, religion, political or other opinion, national or
social origin, property, birth or other status.
Ø Each State, party to the present Covenant undertakes:
(a) To ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity;
(b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of the State, and to develop the possibilities of judicial remedy;
(c) To ensure that the competent authorities shall enforce such remedies when granted.
Article 3
Ø The States party to the present Covenant undertake to ensure
the equal right of men and women to the enjoyment of all civil
and political rights set forth in the present Covenant.
Article 7
Ø No one shall be subjected to torture or to cruel, inhuman or
degrading treatment or punishment.
Article 8
Ø Everyone shall have the right to freedom of thought,
conscience and religion. This right shall include freedom to have
or to adopt a religion or belief of his choice, and freedom,
either individually or in community with others and in public or
private, to manifest his religion or belief in worship,
observance, practice and teaching.
Article 20
Ø Any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence
shall be prohibited by law.
Our Observation:
The events of Naroda-Patia, to use only one of several examples which have been detailed in the first three chapters of the Report, are seen by us as a gross violation of the above undertakings of the Indian government.
Declaration on the Elimination of all Forms of Intolerance and of
Discrimination based on Religion or Belief.
Proclaimed by General Assembly resolution 36/55 of 25 November, 1981
Article 2
Ø No one shall be subject to discrimination by any State, institution, group of persons, or person on the grounds of religion or other belief.
Article 4
Ø All States shall take effective measures to prevent and eliminate discrimination on account of religion or belief in the recognition, exercise and enjoyment of human rights and fundamental freedoms in all fields of civil, economic, political social and cultural life.
Ø All States shall make all efforts to enact or rescind legislation where necessary to prohibit any such discrimination and to take all appropriate measures to combat intolerance on the grounds of religion or other beliefs in this matter.
Our Observation:
The evidence gathered by this fact-finding team, in conjuction with evidence presented before the NHRC, independent media reorts, as well as the results of other fact-finding missions, clearly prove that the events in Gujarat post February 28th, 2002, were an example of discrimination based on religious belief.
Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities
Adopted by General Assembly resolution 47/135 of 18 December 1992
Article 1
Ø States shall protect the existence and the national or ethnic,
cultural, religious and linguistic identity of minorities within
their respective territories and shall encourage conditions for
the promotion of that identity.
Article 2
Ø Persons belonging to national or ethnic, religious and
linguistic minorities (hereinafter referred to as persons
belonging to minorities) have the right to enjoy their own
culture, to profess and practice their own religion, and to use
their own language, in private and in public, freely and without
interference or any form of discrimination.
Article 4
Ø States shall take measures where required to ensure that
persons belonging to minorities may exercise fully and
effectively all their human rights and fundamental freedoms
without any discrimination and in full equality before the law.
Our Observation:
Testimony after testimony attests to the gross violation of this Covenant. In examining physical evidence in the five districts we covered, we found that the deliberate manner in which Minorities have been targeted and evidence of the preparedness with which the post-Godhra attack was mounted is violative of the State’s undertaking to protect minorities.
Declaration on the Elimination of Violence
Against Women
General Assembly resolution 48/104 of 20 December 1993
Article 2
Ø Violence against women shall be understood to encompass, but
not be limited to, the following:
Physical, sexual and psychological violence occurring within the general community, including rape, sexual abuse, sexual harassment and intimidation at work, in educational institutions and elsewhere, trafficking in women and forced prostitution. Physical, sexual or psychological violence perpetrated or condoned by the State, wherever it occurs.
Article 3
Ø Women are entitled to the equal enjoyment and protection of
all human rights and fundamental freedoms in the political,
economic, social, cultural, civil or any other field. These
rights include, inter alia:
(a) the right to life
(b) the right to equality
(c) the right to liberty and security of person
(d) the right to equal protection under the law
(e) the right to be free from all forms of discrimination
(f) the right to the highest standard attainable of physical and mental health
(g) the right not to be subjected to torture, or other cruel, inhuman or degrading treatment or punishment
Article 4
Ø States should condemn violence against women and should not
invoke any custom, tradition, or religious considerations to
avoid their obligations with respect to its elimination. States
should pursue by all appropriate means and without delay a policy
of eliminating violence against women and, to this end, should:
Ø Work to ensure, to the maximum extent feasible in the light of their available resources and, where needed, within the framework of international cooperation, that women subjected to violence and, where appropriate, their children have specialized assistance, such as rehabilitation, assistance in child care and maintenance, treatment, counseling, and health and social services, facilities and programmes, as well as support structures, and should take all other appropriate measures to promote their safety and physical and psychological rehabilitation.
Ø Adopt measures directed towards the elimination of violence against women who are especially vulnerable to violence.
Our Observation:
From testimonies of women in the refugee camps, detailing the form of physical violation by the marauders while the police remained benign observers or actively colluded with them and the inability of the police to show FIRs to support their claim to have done their duty, makes us conclude that there has been a grave violation of the Declaration on the Elimination of Violence Against Women.
Convention on the Rights of the Child
Adopted and opened for signature, ratification and accession by
General Assembly resolution 44/25 of 20 November 1989 entry into
force 2 September 1990, in accordance with article 49. India
acceded to the convention on 11 December 1982.
Article 2
Ø States Parties shall respect and ensure the rights set forth
in the present Convention to each child within their jurisdiction
without discrimination of any kind, irrespective of the
child’s or his or her parent’s or legal guardian’s
race, colour, sex, language, religion, political or other
opinion, national, ethnic or social origin, property, disability,
birth or other status.
Ø States Parties shall take all appropriate measures to ensure that the child is protected against all forms of discrimination or punishment on the basis of the status, activities, expressed opinions, or beliefs of the child’s parents, legal guardians, or family members.
Article 6
Ø States Parties recognize that every child has the inherent
right to life.
Ø States Parties shall ensure to the maximum extent possible the survival and development of the child.
Article 14
Ø States Parties shall respect the right of the child to freedom
of thought, conscience and religion.
Article 37
Ø States Parties shall ensure that:
(a) No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
Article 39
Ø States Parties shall take all appropriate measures to promote
physical and psychological recovery and social reintegration of a
child victim of: any form of neglect, exploitation, or abuse;
torture or any other form of cruel, inhuman or degrading
treatment or punishment; or armed conflicts. Such recovery and
reintegration shall take place in an environment which fosters
the health, self-respect and dignity of the child.
Our Observation:
The spiral of carefully orchestrated violence that was let loose in Gujarat post-Godhra deprived innocent children, born and unborn, of their right to life-in a violation of this Convention.
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
Adopted and opened for signature, ratification and accession by General Assembly resolution 39/46 of 10 December 1984 entry into force 26 June 1987, in accordance with Article 27 (1) India signed the convention on 14 October, 1997.
Article 16
Ø Each State Party shall undertake to prevent in any territory
under its jurisdiction other acts of cruel, inhuman or degrading
treatment or punishment which do not amount to torture as defined
in article I, when such acts are committed by or at the
instigation of or with the consent or acquiescence of a public
official or other person acting in an official capacity. In
particular, the obligations contained in articles 10, 11, 12 and
13 shall apply with the substitution for references to torture of
references to other forms of cruel, inhuman or degrading
treatment.
Our Observation:
The complicity and collusion of law enforcement agencies during the first 72 hours, and the continuing violence as reported to us by the victims and corroborated by innumerable evidence gathered from majority community amounts to a blatant violation of the above Convention.
Convention On The Prevention And Punishment Of
The Crime Of Genocide
Adopted by Resolution 260 (III) A of the United Nations General
Assembly on 9 December 1948. India signed in 1949 and ratified in
1959.
The Contracting Parties, Having considered the declaration made
by the General Assembly of the United Nations in its resolution
96 (I) dated 11 December 1946 that genocide is a crime under
international law, contrary to the spirit and aims of the United
Nations and condemned by the civilized world;
Recognizing that at all periods of history genocide has inflicted
great losses on humanity; and Being convinced that, in order to
liberate mankind from such an odious scourge, international
co-operation is required;
Hereby agree as hereinafter provided.
Article 1.
Ø The Contracting Parties confirm that genocide, whether
committed in time of peace or in time of war, is a crime under
international law, which they undertake to prevent and to punish.
Article 2.
Ø In the present Convention, genocide means any of the following
acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the
group;
(c) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or in
part;
(d) Imposing measures intended to prevent births within the
group;
(e) Forcibly transferring children of the group to another group.
Article 3.
Ø The following acts shall be punishable:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide;
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Article 4.
Ø Persons committing genocide or any of the other acts
enumerated in Article 3 shall be punished, whether they are
constitutionally responsible rulers, public officials or private
individuals.
Article 5.
Ø The Contracting Parties undertake to enact, in accordance with
their respective Constitutions, the necessary legislation to give
effect to the provisions of the present Convention and, in
particular, to provide effective penalties for persons guilty of
genocide or any of the other acts enumerated in Article 3.
Article 6.
Ø Persons charged with genocide or any of the other acts
enumerated in Article 3 shall be tried by a competent tribunal of
the State in the territory of which the act was committed, or by
such international penal tribunal as may have jurisdiction with
respect to those Contracting Parties which shall have accepted
its jurisdiction.
Article 8.
Ø Any Contracting Party may call upon the competent organs of
the United Nations to take such action under the Charter of the
United Nations as they consider appropriate for the prevention
and suppression of acts of genocide or any of the other acts
enumerated in Article 3.
Article 9.
Ø Disputes between the Contracting Parties relating to the
interpretation, application or fulfillment of the present
Convention, including those relating to the responsibility of a
State for genocide or any of the other acts enumerated in Article
3, shall be submitted to the International Court of Justice at
the request of any of the parties to the dispute.
Our Observation:
Based on evidence gathered by this fact-finding team, we feel
that the pattern of killing in Gujarat post-Godhra clearly
indicates genocide - acts intended to destroy one particular
group of people. The precision and targetted nature of the
killings indicate careful organisation. The simultaneous timing
of the attacks - from Ahmedabad to far flung rural areas
indicates a larger design of planned destruction. The singular
targeting of only Muslim homes, shops and businesses - and the
complete absense of damage to properties belonging to any other
community gives evidence of intent to destroy a particular
religious group. Having ratified the Convention in 1959, India
committed itself to enacting the necessary legislation. It was
also expected to institutionalise mechanisms for proper
implementation. Today India appears to have violated the
Convention of which it was a prime mover in 1948.