Dear freinds,

As I enter eighty, my mobility has been reduced
considerably but the way the country is going is very disturbing as I
like every one of you woud like better world for posterity. I do know
many people had a biased understanding of ny role as a human rights
activist , now for the best part of my life. I fought against
atrocities against the rural poor as they were perceived as NAXALITE
SUSPECTS , I also held the view that imponity should not be permitted
to contain the political movement and that it has to be politically
defeated. I have always been holding the view that impunity permitted
in one area will spread to the other. I also felt and firmly beleive
that if the Government creates liveable conditions for the rural poor
adherence to the politics that engenders violence will disappear.
Otherwise it will get entrenched and will become intractable. It is
wrong to think Maoists have no following. They are sheltered by the
poor.

According to me Communal violence, inter-religious belligerence canot
be wished away such ridiculous rgetoric as Hindu Muslim bhai and such
other putrid homilies. WE must recognise that our Constitution is for
the governance of a plural Society. We always had at state levels and
the centre Hindu Malority Governments wo seldom represented the
minorities. You cannot expect them to. Any dominant community would
feel thaat the rest of the communities are subordinsted to  them  and
that they should make attempts and adjust themselves to the majority'
wishes . When th Britishers handed over he reins to us we thought
amauslimd alone were the in a minority omin the country. When we
defined a Hindu  in a statute it included all rebeling faiths and that
is this homogeising process began and uniform civil code is part of
the same agenda and quite a few Hindu judges epressed concern about
the delaying the enactment of a Uniform Civil Code! Coming to Communal
violence terrorist attacks will be there and are inevitable unless we
recognise minorities and accord them and respect their identities. It
will be their until we accord them "equality of status and equal
oppurtunities ; to bring about tolerence as between the various
communities fraternity was prescribed with a you to promote
integrity.. In fact there was a National Integration Council . In fact
The National Integration Council appointed a Comiteeon National
Integratin and Regionalism  to examine the belligerence of linguistic
violence andthe measures to toprevent such violence and at tat time it
was felt that such violence will abate when Indianness soreads. Thart
led to the 16th. Constitutional Amendment  in 1963 and as result of
the Amendment the Unlawful Activities (Prevention ) Act 1967 was
passed. At that time we all felt Muslims alone are a minority we have
to contend with. In 1984 find Sikhs challenged the suzerinity of the
Hindu Majority.and the later mowed down in Delhi thousands of the and
quite a few were consigned to the flamesalive. Then we had a massacr
of few thousands of Muslims in Mumbai in 1992
and and a few thousands to describe the massacre would be a gross
understatement. Now we are witnesing the attack on the christians and
theirinstitution in a big way. Muslims have as a defensive measure
have resirted to terrorism. You cannot defend yourself in any other
way and draw the attention of the State in any other way. There is no
use in pious homilies on non violence and insincerely quoting Gandhi
Had he survived the attack of Godse he would have been shotin an
encounter. You cannot arrest the violent Hindus under TADA or POTA
BECAUSE THEY USE INIGENOUS WEAPONS AND HENCE DONOT QUALIFIED TO
BEUNDER tERRORIS LAWS. THE 1967 LAW  BY THE SMENDMENT ACT OF 2004 IS
UPDATED BY INCLUSION OF TWO OR THREE CHATERS OF POTA
Please in your discussion donot be inclined to support any Draconian
measure- the disgusting cliche we have been using for over two decades
now.. A few clauses alone will  suffice. It should be short giving no
room for people like us  to interpret! Such a law will be appreciated
by the cogniscenti. It would proceed somewhat like this 1. If the
suspect apprehende is a Muslim he should be shot in a staged
encounter; 2 after parading before the electronic media for some time
and 3 after some panel discusion on the suspects guilt and thereafter
shot with   All the principles of natural justice would be satisfied.
If the minority holds demonstaration appoint one of thosejudges-judges
like Nanavathi are available twenty to the dozen.

But if you want to end this violence and the political burleque that
follows you must recognise  the fact that he Constiution is for plural
Governance must campaign for reinstating The National Integration
Council and create such bodies to work out equality between these
communituies and create equal ppurtunities in all spheres and at all
levels. In the Civil Society there should be All India Minorities
Council to act as a pressure group and courts which are presently
ignorant of administering justice to plural ommunities and they should
be trained o come ut of he middle class bigotted shells and look at
people and recognise that they are human beings first and that they
cannot be subjected to the habit of homogenising . Reservation as a
principle of equality is the equalising and that principle is
axiomatic in plural society.
The Soviet Union immeditely after the revolution was confronted with
te problems of plural societies and it was young Stalin's theris on
the nationalities question was what was recognised by Lenin who while
forming the Govt made him the Commissar of Nationalities. Again it was
Marshall Tito who recognised this problem introduced what he called
Co-operative federalism in Yugo slavia, After death what happened is
recent history. It is true that their systems have been discredited
by history. The important thing is they were democratic enough to
recognise the problem and thought abou it. We never thought about
anything at all. Sorry for intruding.
K.G.Kannabiran,
President, PUCL.
email: <[EMAIL PROTECTED]>

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