|
Section V
CONCLUSIONS AND RECOMMENDATIONS
Things fall apart; the centre cannot hold;
Mere anarchy is loosed upon the world
The blood-dimmed tide is loosed and everywhere
The ceremony of innocence is drowned;
The best lack all conviction, while the worst
Are full of passionate intensity
W.B.Yeats ‘The Second Coming’
Conclusions of the fact-finding team stem on the one hand from eyewitness accounts, interviews, research and data collection during our visit to 5 districts of Gujarat from March 27-31 2002, and on the other from India’s Constitution, which guarantees all Indian citizens the right to protection of life and personal liberty (Article 21), the prohibition of discrimination on grounds of religion (Article 15) and the equality of all persons before the law (Article 14).
Having unequivocally condemned the Godhra carnage and the barbaric acts of killing and terror wreaked on innocent Muslims by communalized mobs in Ahmedabad and other areas in Gujarat, we aver that what happened post-Godhra in Gujarat was in the nature of a pogrom in its essential design and has the makings of a larger agenda for the subjugation, crushing and elimination of religious minorities. While nothing can justify or rationalize inhuman acts such as the burning of the bogie near Godhra railway station, it is clear that the intelligence of the State Government failed in its responsibility to forewarn. Not only that. Its aforesaid failure enabled communal elements to take hold of the state. Our findings reveal that the post - Godhra carnage did not happen as a spontaneous reaction to burning one bogie of the Sabarmati Express but that it was a calculated response, the culmination of a hate campaign carried on for more than a decade to promote the Hindutva ideology.
General Recommendations
1. Immediate removal of the Chief Minister and imposition of President’s rule.
2. Immediate conviction of all those criminals who killed, burnt, maimed and looted ordinary citizens, from the top down, not sparing high executives, senior public servants and police officials.
3. Examination of the role of the State, including the political executive, in planning, abetting, or containing the violence in Gujarat after February 28th, 2002. Charges to be framed accordingly and action taken.
4. Immediate setting up of Special Courts, with non-partisan judges from outside Gujarat, for trying the cases on a daily basis and delivering quick justice. The victims to be given state assistance for legal battles.
5. CBI to be assigned for investigation into riots in the worst hit areas such as Godhra, Naroda Patia, Gulbarga Society, and Best Bakery,Vadodra.
6. Set up and independent commission headed by a sitting Supreme Court Judge to enquire into both phases of violence - Godhra and post - Godhra.
Recommendations pertaining to women
1. The issue of sexual violence is grossly under reported, especially in rural areas. Testimonies from all the affected areas need to be recorded on an urgent basis to understand the nature and extent of crimes committed against women. This task must be done immediately as many of the victims may soon start leaving the camps.
2. FIRs need to be lodged immediately. A special task force, comprised of people from outside Gujarat, to be set up immediately for taking cognizance of the context in which sexual violence has taken place and commence the task of filing FIRs. It should first examine the status of the existing FIRs. The task force should consist of people with legal expertise, women police personnel, women’s rights activists, and women leaders from the Muslim community and be headed by a senior woman IAS officer. A time limit should be set within which justice will be dispensed for cases of sexual violence.
3. For cases of rape, medical examinations should not be treated as the basic evidence. Given the testimonies that many women were fleeing for several days and did not have access to medical facilities, medical examinations should not be asked for at all.
4. The extraordinary circumstances under which crimes against women have been committed, and the evidence that the State machinery was not accessible to victims in terms of seeking justice, there is a need to make the ‘normal’, technical requirements of a legal process contingent upon these factors. In cases where women are unable to lodge FIRs, their testimonies alone should be treated as the basis for further legal action.
5. Counselling to be provided immediately, even before registering the cases so that the women are able to give essential information, which they have difficulty speaking about. People with expertise in trauma counselling need to be identified and assigned to this task.
6. Women’s rights activists to be enabled to work freely among the survivors and police protection to be provided to them. Their harassers to be charged and brought to book.
7. It is imperative that the appalling sanitary conditions be improved and better health care be provided in the camps. Adequate facilities to address the health needs of pregnant women and the trauma of all the camp residents, particularly women, must be provided.
8. A comprehensive rehabilitation policy for rape victims and for their families (where the women are dead) needs to be announced urgently.
9. Given the Government’s negligence and the negligence of the National Commission for Women to make itself available (until the writing of this report), the UN Special Rapporteur on Violence Against Women should be called in for investigation and assessment.
10. Immediate assessment of the number of female-headed households and a rehabilitation package for livelihoods to be prepared by a panel of experts drawn from appropriate disciplines, with adequate support from the Government. Special provisions to be made for orphans and children of widows.
11. In all the relief work, rehabilitation should be treated as a separate issue and not be confused with relief and immediate cash compensation.
12. Evaluate the Government’s proposal to setup Peace Committees. In a situation where the Government lies discredited and implicated in the violence it is hardly likely that they would be in a position to undertake confidence-building measures.
Recommendations pertaining to Police
1. A task force to be set up to investigate police excesses against women and to take immediate action against the officers concerned.
2. All police personnel named in the FIRs to be immediately tried and arrested.
3. Urgent probe into the police firing where deaths have resulted and the accused be brought to book.
4. An end to ‘combing’ operations, which are exclusive to Muslim areas and are being used to pick up Muslim youth; complete transparency in manner, methods, and charges against those arrested. Given the real fear of prejudical action by the Police, a Judicial commission to examine all cases where Muslims have been picked up during combing operations after Feb 28th, 2002. A system of accountability to be established for those who have ‘disappeared’ after being picked up by Police.
5. Where there are testimonies of Police refusing to register FIRs, immediate action to be taken against the concerned officers. Absense of the Police to discharge its duties at a time of crisis to be treated as criminal culpability and attract punishment matching that charge, rather than merely attracting internal disciplinary action.
Recommendations pertaining to UN Conventions
Our preliminary analysis reveals grave violations of human rights
norms, laws and treaties, some of which have been outlined in
Section IV above. These violations should be tried and treated
accordingly. Whereever necessary, the help of human rights
groups, women’s rights groups and relevant UN Special
Rapporteurs should be sought to examine the extent of the
violation, and propose action in accordance with procedures
provided in the Instruments, and in proportion to the crimes.
Annexures
SECTION I:
SEXUAL VIOLENCE AGAINST WOMEN
Testimonies Of Sexual Violence
Annexure 1.1
CORROBORATING TESTIMONY FOR MASS RAPE IN NARODA PATIA, AHMEDABAD
Rape Of Farzana Bano
Date of crime: 28th February 2002
Place: Jawan Nagar, Naroda Patia, Near Noorani Masjid, Ahmedabad.
Witness: She and her family survived but this is what she witnessed.
On one side of Jawan Nagar is the ST (State Transport) workshop and on the other side the Special Reserve Police (SRP) quarters. Gangotrinagar Society has been newly constructed. On the morning of the 28th, we were asked to stay indoors as there was tension in the area. When the mobs came we all ran out. Many women and children went to the nearby Society and took shelter on the terrace there. People from the Hindu Housing Society told us to take shelter in their houses. We found that there were only men in there and none of the women and children, who had been sent away for safety. Then they told us to escape towards Naroda. We requested them to allow us escape towards the SRP. The SRP said, ‘24 hours have been given to beat you up’. The Society people brought us out on the road and told us to go to Naroda. We disagreed knowing that it is a far place. So they started beating us with sticks, hockey sticks and pipes. They accused us that we had come there to riot and asked us to get out. We came out to face a big mob armed with sharp weapons, kerosene and petrol cans. We refused to go towards the mob so they told us that they have been assigned to protect us. All adult males were then beaten, thrown on the ground and burnt. The residents of the Gopinath Society segregated the Muslim girls and made them stand on one side. They were raped and we watched this as some of us were on the terrace.
We were 400-500 people on the terrace. The girls (rape victims) include Ruksana, Kheroon, Noorjahan, and Farzana, four in all. The girls were stripped and then two men held them down by legs and arms. Those who raped were 20-25 in number. The girls screamed so loud that even now when I remember my blood boils.
They were given twenty-four hours time (to beat us). If we were given even two hours time we would have shown them (dealt with them). I know the face of the persons who raped. The rape started at 6.00 in the evening until 9.00 at night. The girls were then burnt. I still remember their loud screams. When Asif Khan, a 25-year-old youth pleaded with the SRP to let us go he was beaten up badly and he managed with difficulty to escape from their clutches. We can identify the SRP men. We can also identify the residents of Gopinath society.
Asif called Nawab Khan in Shah e Alam and Police came in four cars but they were stoned. We felt that some (perpetrators) were dressed as policeman. When the first housing colony was set ablaze, we feel, the fire brigade was stoned and sent back. 11 of our youth died in private gun firing.
Annexure 1.2
TESTIMONY OF SULTANI FEROZ RASUL SHEIKH (DELOL VILLAGE) WHO WAS GANG RAPED
We lived in Delol village on the Godhra road. On the morning of 28th February 2002 our house was attacked by a mob. The men had painted their faces black and were wearing chaddi- bandi’s (shorts – vests). The entire extended family of 33 members ran and hid in the fields. We, children and adults, spent the entire night in the field. The next morning we all made our way to a lime orchard near our village. There we found many other Muslim families hiding. In the afternoon, a tribal woman known to one of the families brought some rotlas to eat, which we fed our children who hadn’t eaten for the entire day.
In the afternoon, the mob returned. We saw a huge crowd approaching the field shouting Maro, Kato (beat them, kill them). We all ran back towards our house. My husband Feroze’s milk tempo was parked at a neighbour’s. Expecting tension he had left it with the Baria (tribal) for safe keeping. We were sitting there terrified when we heard another mob approaching from the opposite direction (from Khadki village). We were now trapped. Our only option was to escape in the milk van. About 40 of us got in and Feroze drove the tempo towards Kalol, which is about 7 kms away. Just before the tempo reached Kalol town near (Lal Darwaja, Ambica society), a Maruti car was blocking the road. A mob had gathered. Feroze swerved losing control of the vehicle. We were forced to get off. We were all screaming with fear, the children were yelling and crying, old men were begging for mercy. We heard the screams of some family members, who were being attacked with sticks and swords. They threw kerosene and started burning people. We could hear the mob screaming “ Take off their clothes, let them go naked on the streets”. Some of the children fell at the feet of the mob begging to be spared. My sister-in-laws, (Medina, Ruksana, Saira, Shabima, Reshma, and children between the ages of 10 months to 6 years (Shaila, Akila, Shail, Junaid, Faizan Halima, Reshma, Afzal Amirull, Mooen, Imtiaz) were with us. We all ran towards the fields. My son Faizan was in my arms and I fell behind. Some people started chasing us and one of the men held me by my hair. I struggled to get free but was soon overpowered. They dragged me to the riverbed, which is dry and pulled me down. Faizan fell from my arms and started crying. My clothes were stripped and I was left stark naked. One by one the men raped me. All the while I could hear my son crying. I lost count after 3. They then cut my foot with a sharp weapon and left me in that state there.
After a while I got up picked up my son and started searching for my clothes. I could only find my top. I pulled it on and ran with my son along the river towards Delol. I didn’t go to Kalol, since I don’t know the place well. Just as the day was fading I reached the lime orchard where we had hidden the previous day and hid there with my son. I spent the entire night in a daze, and didn’t move from there for the next two days. On the second day, Parvatbhai a neighbour saw me. I requested him to bring me a pajama as I had left some clothes in his house when the tension had started. On Sunday night, I finally started walking through the fields towards Kalol. I reached the Laldarwaja , Nava bazaar, in the morning. I collapsed on the street and asked a man in shop to reach me to the Kasba. He fetched the police and they dropped me to the camp.
Annexure 1.3
TESTIMONY OF MEDINA ON THE RAPE OF DAUGHERS AND OTHERS
I lived in a joint family with my in-laws and children in the village of Eral, Kalol Taluka in Panchmahals district. My father-in-law was a retired schoolteacher and my husband works in the State Transport Service. There are 45 Muslim houses in the village. On the 28th, neighbours came to tell us there was news of widespread rioting and we should leave the village immediately and go to Kalol where there is a larger Muslim community. My father-in-law believed that as he was respected in the village and as we had always lived here, no one would bodily harm us. All the other Muslim families left for Kalol that day.
As the tension escalated 13 members of my family including, Mehboob bhai a relative from Delol village who had sought refuge with us, left the house and hid in the fields. My in-laws hid in an empty house belonging to the Thakor. For 2 days and nights we kept changing our hiding places. My in-laws were asked to vacate the house on Saturday morning. The house owners were apprehensive that their house too would be set on fire as people were now aware of where we were taking refuge. Chaganbhai who had given us food and water for two days had given them this information.
On Saturday the 1st, at around 5:00 p.m., a mob of 400-500 men, armed with sharp weapons, petrol and kerosene, first looted then burnt the houses of Muslims. That night no one gave us refuge. They were afraid of being attacked if they were seen helping us.
On Sunday morning we all decided to hide in a labourers hut in the field of Adam Punja. At around 12:00 – 1:00 p.m. that afternoon, the mob attacked the hut. Having nowhere else to run, we ran helter-skelter and hid in the maize field. We lay low and tried not to make a sound. But the mob started searching the field, they found us and started attacking. I could hear various members of my family shouting for mercy as they were attacked. I recognized two people - Gano Baria and Sunil - of our village pulling away my daughter Shabana. She screamed telling the men to get off her and leave her alone. The screams and cries of help of Rukaiya, Suhana, Shabana, begging for their izzat to be protected could be heard clearly. My daughter was screaming in pain asking the men to leave her alone. My mind was seething with fear and fury. I could do nothing to help my daughter from being assaulted sexually and tortured to death. My daughter was like a flower, still to see life. Why did they have to do this to her? What kind of men are these? The monsters tore my beloved daughter to pieces. After a while, the mob was saying “cut them to pieces, leave no evidence.” I saw fires being lit. And after some time the mob started leaving. And it became quiet.
As I stumbled out I heard the voices of children crying. I saw the kids huddled together. Khushboo was carrying baby Taufiq whose thumb was bleeding. The mob had found 11 people, tortured and killed 6 people. They left the children alone but cut a thumb of baby Taufiq who was in his mother’s arms when they attacked her. Khushboo was a witness to all these events. In her testimony to us she recounted how her grandfather (Medina’s father-in-law) and Huriben were killed. She also narrated how Rukaiya’s pajamas were taken off and then one by one the men started “poking her in the lower part with their body”.
I sat there numbed with the children. Later the police came and I rushed out with the children recounting all I witnessed. I was joined by Mehboob, our relative from Delol who too was hiding somewhere in the field. The police took us away to a safe place in Kalol. Will my family members get justice? Will my daughter’s assaulters roam free to do as they please?
Annexure 1.4
TESTIMONY OF JANNAT SHEIKH - RAPE OF A FAMILY
Date of crime: 28th February 2002
Place: Kumbhaji Ni Chali, Naroda patiya, Ahmedabad.
Witness: This witness has 11 members in the family, of which 8 have been murdered, two after being raped. The remaining three have received serious injuries.
It was morning and I was cooking. My husband, my three children and I were in my house while my mother-in-law, my brother-in-law and his wife along with their three children were in the adjoining house. A mob of 5000 came and we started running. We were cornered from all the sides. SRP (State Reserve Police) personnel were also chasing us. It was 6.30 in the evening by now. The mob caught hold of my husband and hit him on his head twice with the sword. They threw petrol in his eyes and then burned him. My sister-in-law was stripped and raped. She had three-month baby in her lap. They threw petrol on her and the child from her lap was thrown in the fire. My brother-in-law was hit on the head with the sword and thrown in the fire. We were at that time hiding on the terrace of a building. My mother-in-law was not able to climb the steps so she was on the ground floor with her four-year-old grandson. She told them to take away whatever money she had but to spare the children. They took away all the money and jewelry and burnt the children with petrol. My Mother-in-law was raped too. I witnessed all this. Unmarried girls from my street were stripped, raped and burnt. A 14 year old girl was killed by piercing an iron rod in her stomach. All this ended at 2.30 A.M. The ambulance came on the scene and I sat in it along with bodies of my husband and children. I have injury marks on my both my thighs and left hand that was caused by the police beating. My husband had 48 % burns, my daughter 95 % burns. Both my husband and daughter died in the hospital after three days. The police was on the spot but helping the mob. We fell at their feet but they said they were ordered from above not to help. Since the telephone wires were snapped we could not inform the fire brigade.
Annexure 1.5
BILKEES’S STORY: (SOURCE, AIDWA FACT-FINDING TEAM REPORT)
Bilkees from Randhikpur village (District Dahod) is 21 years old and five months pregnant. We meet her at the Godhra camp. Frail, motionless, drained of all expression she tells her story in a monotone as though she is speaking of someone else.
Muslim houses in her village were attacked by upper caste people from her own village along with outsiders on March 1. She and several of her family members fled. She names them: my baby girl Saleha, my mother, Halima, my sisters, Mumtaz and Munni, my brothers, Irfan and Aslam, my maternal uncle, Majeed, two of my father’s sisters, Sugra and Amina, one of their husbands, Yusuf, Amina’s son, and three daughters, Shamim, Mumtaz and Medina and Shamim’s son Husain. Shamim she says was nearing her full term. It was difficult for both of them to run.
At first, they escaped to Chundagi village, which was 5 – 6 kms away and took shelter with Bijal Damor, the local MLA. Then they were asked to leave since it was not safe and they walked to Kuajher where they were given shelter in a mosque. Here Shamim with the help of a mid-wife delivered a baby girl. They were asked to leave soon afterwards because mosques were a target of the rampaging mobs. Shamim, barely able to walk, her infant carried by her sister, they somehow managed to reach village Kudra. Here some Adivasi Naikas took pity on Shamim’s condition and kept them in their huts. Bilkees remembers: “They were kind to us. Shamim’s clothes were dirty. Even though the adivasis were poor they gave her something clean to wear. They let us rest, but then again we had to move but they came with us, escorting us to the next village Chhapadvad. We had started moving towards Panivela village. It was a remote and hilly place. Suddenly we heard the sound of a vehicle. A truck came with people from our own village and outsiders too. They had not come to help us. They stopped us and then the madness started. They pulled my baby from my arms and threw her away. I and the other women were taken aside and raped. I was raped by three men. I was screaming. They beat me and then left me for dead. When I regained consciousness I found I was alone. All around me were the dead bodies of my family, my baby girl, and the newborn baby. They were covered with stones. I lay there the whole night and most of the next day. I do not know when I was conscious and when unconscious. Later I was found by a police squad from Limkheda police station. I was taken to the hospital and then brought here”. Following a medical examination, the doctors confirmed that she had been raped.
She has named the people who killed her family members and those who raped her: Sailesh Bhatt, Mithest Bhatt, Vijay Maurya, Pradeep Maurya, Lala Vakil, Lala Doctor, Naresh Maurya, Jaswant Nai and Govind Nai (the last three gang-raped her). Her father and husband have been traced to another camp at Dahod and her brother, Saeed, is with her in Godhra. Her five-month foetus is still alive.
Annexure 1.6
Sexual Violence Against Women Reported in Newspapers.
Excerpts from two of the largest circulation vernacular Gujarati daily newspapers.
Sandesh (Published from Ahmedabad, Vadodara, Surat, Rajkot, and Bhavnagar).
Gujarat Samachar (published from Ahmedabad, Vadodara, Surat, Rajkot and Mumbai).
Sandesh, 28-2-02, Page 1. Story: Heading – ‘Religious fanatics kidnapped some 10-15 Hindu women by snatching them from Railway Coach. (2) Ladies ran away to save their lives and miscreants catch them’.
‘Along with Karsevaks of Sabarmati Express, children and ladies were massacred and fanatic miscreants dragged away some 10-15 ladies from the compartments which has made the position of Godhra very tense. Talks of massacre and kidnapping of Hindu young ladies created tension in Godhra town. The survivors of the massacre confirmed this incident. Police are not sure about who were the ladies and about the truth of this incident. It cannot be denied that young ladies ran away to save their lives and might have been caught by the miscreants. The in-charge of Karsevaks Kaushik Patel made allegation about the kidnapping of young ladies who have still not been found. Although police authority has not confirmed this but discussion of this incident made the position tense in Godhra city.’
Sandesh, 28-2-02 page 16 Story: Heading – ‘8-10 ladies dragged away in slums –helpless women were struggling to escape from the grip of Saitans. Report by an eye witness of Bapunagar ‘ — repetition of same story.
Sandesh, 1-3-02 Page16 Story continued page 4 Headings’ (1) Two distorted dead bodies of the women, from those women who were kidnapped from Sabarmati Express, found (2) Breasts of both the women were cut’
The news that distorted dead bodies of two kidnapped ladies dragged away from the coach of Sabarmati Express train found near lake of Kalol has not only in Panchmahal district but all over Gujarat inflamed the violence. In a heinous act the breasts of the dead bodies were cut. On seeing the dead bodies it can be known that they were raped many times perhaps innumerable times and they were killed during that time. The keeping of mum by police has added fuel in the burning position. As per talks during the night one more dead body of a lady has been found. Many pilgrims of Sabarmati Express confirmed this. In a very sensitive incident before police can enquire into the matter, dead bodies of the ladies were found. In a very short time this talk spread very quickly in Kalol town and many people gathered to see the dead bodies. According to unofficial news the faces of these ladies were so much distorted that they cannot be known. Seeing the distorted dead bodies and cut breasts panic spread among people and they were very angry. The police is not ready to give any type of information. On the other hand the dead body of third lady has added fuel to the burning position.
Gujarat Samachar – Page 1 Story ‘wicked villains of this mob kidnapped some ten women (behno) whose whereabouts are not yet known
Gujarat Samachar - Page 10- Story heading ‘Some men were saying take all the girls’
(Annexure material and translations provided by Valjibhai Patel, Council for Social Justice, Ahmedabad)
SECTION 2
WOMEN’S EXPERIENCES OF THE STATE
Annexure 2.1
A meeting with Maya Kodnani, BJP MLA from Naroda Patia - named as an accused in an FIR in the carnage.
March 29, 2002.
The team met Maya Kodnani, the BJP MLA from Naroda Patia, among the worst hit areas in Ahmedabad. Ms. Kodnani has been named as an accused in an FIR as having participated in the mayhem in Naroda Patia. She showed no remorse at the State’s inability to prevent Naroda Patia. There was nothing the State could do, she says. There was a natural ghrina (hatred) and aakrosh (rage) in the heart of every Hindu and we could not control it. “It was impossible to stop. There were between 50,000 and 1,00,00 people out on the streets. How could the police have stopped them? It was humanly impossible.” The figures Maya Kodnani gives of the mobs – 50,000 to 1 lakh far exceed the largest estimates given by eyewitnesses to the mob violence. “The crowds were so huge that it was impossible to move about in Ahmedabad that day”, she says. She continues to justify “Hindu Aakrosh” by speaking at length about Godhra. When the train from Godhra came in to Ahmedabad carrying bodies of the victims, it was truly horrible, she says. And when these bodies were taken by relatives to their home towns and villages, naturally the anger spread across the state. People began to feel, Terrorism ke khilaaf kuch to action hona chanhiye. ISI bhi involved thi. Aur phir Gujarat ki prakruti hi aisi hai. Jab bhi kuch communal hota hai, hamesha phailta hai. (There has to be some action against terrorism. ISI was also involved. And Gujarat’s essential nature is such that whenever there is communal tension it spreads). The team members are shocked by her casual acceptance of the “natural Gujarati inclination towards communal violence” and the ease with which she basically blamed a carnage of this scale on the “essential nature of Gujarat”. The phrases “Gujarat ki Prakruti” and “Gujarat ki Taasir” to explain the communal carnage – were used by Maya Kodnani several times during the discussion. Communal violence, for this BJP MLA, was a natural phenomenon.
Maya Kodnani then proceeded to blame the media, particularly the electronic media for inciting violence - they behave irresponsibly, she says. CNN, for example, did not show images of dead bodies after the attack on the twin towers after September 11th, but the Indian electronic media showed everything, that added fuel to Hindu sentiments. Ironically she handed us a VHP publication entitled “Godhra and its Aftermath” which more than capitalized on gory pictures of burnt Godhra victims. And would have helped inflame passions.
When the team members asked her about the press coverage of atrocities against Muslim women, she claimed to have no knowledge of these atrocities, because she has not spoken to a single Muslim woman since the violence began. About cases of rape, she said she had heard something about one rape from a police officer, but she wasn’t sure. As an MLA and a woman to boot, her casual attitude to sexual violence was alarming. While this BJP MLA elected by the people of Naroda, found time to visit Ahmedabad Station to receive the bodies of the Godhra victims (who are not her constituents), she has not found time, for over one month, to visit a single Muslim relief camp where thousands of her constituents are strewn around like human debris. Indeed, she professed ignorance of where her constituents may have fled to.
Maya Kodnani categorically denied that the violence was pre-planned. When the team members asked her how it was possible for a “spontaneous” mob to be carrying dozens of gas cylinders to be used as explosives, she said housewives were voluntarily giving the mobs gas cylinders from their homes- Log apne makanon se nikaal, nikaal kar de rahe the. (People were giving them from their own homes)
The team questioned Maya Kodnani about the numbers arrested in the Naroda Patia carnage. The reply: a total of 16, of which most have got bail. Only 5 or 6 men remain in jail. When asked about the FIR against her she said – ‘The FIR was lodged 18 days after the incident. I was at the Civil Hospital on the 28th with the Godhra dead bodies. So I could not have been at Naroda.’
Annexure 2.2
Meeting with Sarpanch Nathibehn, Laxmipura Village, Sabarkantha
March 28th, 2002
Laxmipura village, located in Khed Brahma Taluka of Sabarkantha district, had until recently had a population of about 10,000, including a tiny Muslim minority. The Muslims have since fled the village.
The major caste/religious communities in Laxmipura:
Patels: 300 families
Harijans: 200 families
Thakeras: 200 families
Prajapats: 60 families
Brahmins: 30 families
Mistris: 30 families
Muslims: 24 families
The Muslims of Laxmipura were drivers, ferrying passengers in jeeps from Laxmipura to Khedbrahma, some had atta chakkis (flour mills), others ran small shops.
After February 28th, Laxmipura has become an entirely Hindu village.
On March 28th, 3 members of the team visited Laxmipura to meet Jitu Bhai Patel and Ramesh Patel - both men had been identified by Muslim women in the Vadali relief camp as leading the riotous mobs who burnt and looted their homes. Jitu Bhai is the husband of the current woman sarpanch Nathibehn. Ramesh Patel is their son. Both men are members of the local unit of the Vishwa Hindu Parishad.
The VHP has been mobilizing actively in Laxmipura for the last five or six years. Two young men from the village, we are proudly informed, had even gone to Ayodhya for kar seva. We are also told that virtually every child in Laxmipura is a member of the VHP - Hum sab sage sambandhi hain. (We are all like family).
Nathibehn is clearly a puppet Sarpanch. Soon after we start our conversation with her and several other female members of her household, we are joined by Jitu Bhai, her husband - the de facto sarpanch, and by a swaggering Ramesh, who proceeds to sit-sprawl on the floor with one leg crooked up and one spread wide in a gesture of cocky aggression. His eyes are suspicious and challenging. We proceed tentatively.
Nathibehn speaks little. Most of our questions are answered by the father-son duo. According to them, the root cause of all the trouble are the events at Godhra. Godhra, they claim was a pre-planned, pre-medidated assault on Hindus. Among those who died in the burning compartments was one Bhimji Bhai Patel from the neighbouring village of Derol Kampa. They say it was natural for emotions to rise when Bhimji’s body arrived for his funeral on Feb. 27th, in a procession organized by the local VHP. In order to reach Derol Kampa one has to pass through Laxmipura, and when people in Laxmipura saw the charred body they could not control their emotions. To make matters worse (or, better?) the body was put on display for over half an hour in Laxmipura. Some people went on to Derol Kampa for the funeral, others stayed back and torched Muslim homes. It was spontaneous anger. Ramesh keeps contradicting himself. From “I don’t know who did it or how it happened” to, “Yes, some of us stayed back, to express our anger.”
Did you, as Sarpanch, call for help?, we ask Nathibehn.
Jitu Bhai answers, “ I called the local PSI, there was no response.”
From 8:30 pm onwards on February 27th a ‘tola’ (mob) of about 300 people, mainly from the Patel community, attacked Muslim homes in Laxmipura. The mob also included some adivasis from outside the village.
Does Nathibehn know where the Muslims have fled to?
No, she says.
Have you seen or spoken to any of them?
No. Some of them have come. They just sneak in, take a look at their (burnt) homes and go back quietly. If they want help they should come to us.
Ramesh Patel justifies the action.
According to him, Godhra was carefully pre-planned. Two Muslims from almost every village in Gujarat went to participate in the Godhra attack (a fascinating piece of anti-Muslim fiction paralleling the kar seva and shila daan strategy of the Hindutva forces: Gaon Gaon Se Aayenge, Mandir Wahin Banayenge). And even though the Muslims from Laxmipura had nothing to do with it, it is quite possible that their fellow Muslims in Khed Brahma were part of the conspiracy. All Muslims were part of this conspiracy, he says. “Otherwise how did Muslims find out about the Godhra incident before we did and start fleeing their homes. They knew, because they did it. Hindus can’t take every thing lying down. After killing so many Hindus, now the Muslims in Vadali are saying they will not let us celebrate Holi! Who the hell do they think they are? (On March 28th the Gujarat Government had announced a ban on playing Holi with colours, balloons, and bulbs in several parts of the state – this is now being blamed on Muslim aggression/design).
Ramesh and Jitu Bhai Patel continue to tell us what they think of Muslims.
Muslims, they say, are nothing but trouble.
“Apne paas wale ko maarte hain” (They kill those nearest to them).
“Muslims ko bhi is mulk mein rehna hai, to Pakistan ki baat kyon karte hain” (If Muslims have to stay in this country then why do they keep talking about Pakistan).
“Danga jo ho raha hai, Muslimhi kar rahe hain” (The riots that are happening, it is the Muslims who are doing it)
“Bomb blast, parliament par attack. Hamesha woh pehle karte hain. Kabhi Hindu pehle nahin karta” (Bomb blasts, attack on Parliament, they always do it first. It is never the Hindu).
So, can Muslims ever return to Laxmipura?
Yes. They can stay here, but only if they live according to the “reet” (tradition) of the village. “Pehle rehte the gaon ki reet ke hisaab se. Pichle paanch saal mein daadi latkane lage hain, topi pehenne lage hain. Sari nahin pehente.” (earlier they used to live according to common tradition. But in the last five years they’ve started dressing strangely, hanging beards from their faces, and wearing funny caps on their heads. The women have stopped wearing sarees). Ramesh sniggers in disgust and amusement at his description of “the Muslim”. He is particularly pleased at his description of the “hanging beard”. According to him, this change among the Muslims has occurred because Muslim maulvis have started visiting the village more frequently in the last five years, and changing the attitude of Muslims.
At no stage in the conversation did any member of the team directly confront Ramesh or Jitu Bhai Patel about their role in the violence. At no stage did either Nathibehn, Ramesh, or Jitu Bhai display any signs of guilt, discomfort, remorse, or empathy. Both men have been identified by several Muslims in the relief camps as leading the mobs in Laxmipura on February 27th, 2002.
Annexure 2.3
Meeting with Sarpanch Keshubhai Patel, Chithroda Village
March 28th, 2002
Chitroda has a population of around 1200 Hindus and 40 -50 Muslims, most of whom live in one cluster.
Interviewer(I): Was there trouble?
Sarpanch (S): I had a phone call saying the mobs were coming. But I warned them. Manna kiya. We’ve always had peace here and want it to stay that way.
I : Who phoned you?
S : You know …(after much persistence) The VHP pracharak. (He did not name the person).
I : What would they say when they called?
S : You know … we are coming …. Jalane aur lootne ke liye (To burn and loot)
I : When did they call?
S : On the 1st and 2nd.
I : How come they listened to you when the police failed?
S : This is my village. I told them they will not be allowed to enter. I also told them-. takat ho to aa jao (If you have the strength then come). “He’s a strong man and has been sarpanch for many years” others who were listening to the conversation added.
I : Why did the violence take place?
S : It was not right, but then what happened in Godhra was not right either. In our village we are united so nothing happened here.
I : What has been the role of adivasis in the violence and looting?
S : Adivasis were clearly involved in the looting. But there is a difference between the looting and the burning and violence. The adivasis got involved because of a news item that appeared in the Sandesh newspaper. According to the report 10 adivasi girls were picked up by Muslims at the Godhra station after the train was burnt. They were taken to a Madarsa, raped (bura kaam) and then killed. Others in the crowd confirmed hearing this story.
Although Sarpanch Keshubhai protected Muslims he was unwilling to condemn the continuing violence or indeed to blame it on Hindus.
FOR COPIES OF THIS REPORT PLEASE CONTACT THE FOLLOWING:
In Delhi:
Dr. Syeda Hameed.
Email: syeda@mantraonline.com
Phone: 6821053 and 6820631
Malini Ghose
Email: nirantar@vsnl.com
Phone: 6966334 and 6517726
Farah Naqvi
Email: farah_naqvi@hotmail.com
Phone: 6562758 and 9811105521
In Bangalore:
Dr. Ruth Manorama
Email: ruth@blr.vsnl.net.in
Phone: 080-6554936
In Tamil nadu:
Mari Thekaekara
Email: marimarcelt@yahoo.co.in
Phone: 0462-63278
In Ahmedabad:
Gagan Sethi
Email: janvikas_eq@icenet.net
Phone: 079-6856685
Sheba George
Email: sahrwaruad1@sancharnet.in
Phone: 079-6752239
FOR PRIVATE CIRCULATION ONLY
--------------------------------------------------------------------------------
[1] For a discussion on the issue of Sexual Violence and the Media, see Sub-section B.
[2] Further details in Section II on Role of the State
[3] Several people have testified to witnessing these rapes. See Annexure 1.1 for an additional corroborating testimony.
[4] See Annexure 1.2 for detailed testimony
[5] See Annexure 1.3 for detailed testimony
[6] See Annexure 1.4
[7] See Annexure 1.5 for detailed testimony recorded by AIDWA. The testimony was corroborated by Anandi, a women’s NGO, who had also spoken to Bilkees at length
[8] For a summary of both the Sandesh stories, see Annexure 1.6
[9] Senior journalist in Ahmedabad say they can be accused of rumour mongering if they carry stories about rape, given that a bulk of the victims are either dead, or if alive have neither had medical examinations nor lodged FIRs. Why has it not been possible for these papers to carry stories saying that women on the run from rampaging mobs cannot be expected to undergo medical examinations within 72 hours? When no Muslim victim in Gujarat today can enter a police station confident that he/she will geta a hearing or leave with a copy of their FIR, how does a rape victim manage to get an FIR lodged? Why is not possible for the Press to carry these perspectives?
[10] In an interview with the fact-finding team, Ramesh Patel, son of the Sarpanch of Laxmipura, said that Muslims can only live in Laxmipura if they live according to Hindu “reet” (custom). Refer to Annexure 2.2 for details of the discussion in Laxmipura Village.
[11] According to data supplied by the Gujarat Today newspaper, the numbers of mosques, dargahs, kabaristans, and other religious places destroyed in Gujarat is as follows: Mehsana – 17, Sabarkantha – 13, Dahod – 13, Kheda – 14, Anand – 53, Ahmedabad – 56, Baroda – 22, Panchmahals – 19, Rajkot – 4, Surat – 3, Jumgarh – 2, Amreli – 1, Banaskantha – 2, Narmada – 1, Gandhinagar – 5, Bhavnagar - 2