*Khairlanji : All Nero's Brethren*

*By Subhash Gatade*

18 November, 2006
*Countercurrents.org*

*'(they) were doomed to the flames and burnt, to serve as a nightly
illumination when daylight had expired. Nero offered his gardens for the
spectacle.'*

*Tacitus (Roman historian and official, c.58 to 115 C.E.)
The Annals, Book XV, C.E. 62-65*

*D*ead bodies don't speak.

But for the near and dear ones it is always possible to reconstruct what
must have bothered the dead person at the fag end of her/his life when
her/his eyes still exhibited the yearning for life.

And if the death itself would have been a public spectacle where people from
your own neighbourhood, whom you know very well have joined the orgy , have
called others for brutalisation of your bodies, then someone living
thousands of miles away could also scribble the last flashes of ideas
flickering in the dead persons minds.

It is now part of the public memory how Surekha Bhootmange, aged 45 years, a
dalit (mahar) by caste, mother of two sons -Roshan and Sudhir - and a bright
daughter Priyanka, who yearned to join the military, all the four spent the
last one hour of their lives. Ordinary looking people who had to pay a very
dear price for standing up to the local dominant castes attempts at
snatching their small piece of land.

A few fact finding reports which have come out provides details of the gory
end. They also tell us how all their bodies were dumped on a cart and were
thrown in different corners of the village. But the worst was yet to come.
Despite this public spectacle of murder and rape there was no movement for
quite some time, it appeared as if the rest of the state machinery had
decided to side with the marauders. The loneliness of Bhaiyalal, Surekha's
husband and Siddarth, her cousin brother was so acute that they lived in
constant fear of death.

According to close watchers of the state, Khairlanji rather represents a
climax of a situation in a state which despite its 'progressive' image has
systematically ingrained denial of justice to dalits and the other
marginalised sections of our society.May it be the ongoing social boycott of
Dalits in Aarajkheda village, Renapur tehsil in Latur district which happens
to be Chief Minister's home district or the similar boycott of dalits in
village Yavati in Nanded district, the state has never tried to shed its
partisan image vis-a-vis attacks on dalits.

The barbaric killings were followed by a systematic coverup operation with
due connivance of the local police and administration. Village level
Panchayat was held immediately after the gory incident and it was 'decreed'
that nobody would utter a word about it. The police officials also
'complied' with the request and cases under some vague sections of Indian
Penal Code were filed where bail would have been easier.

It is also alleged that the local MLA who belongs to the BJP was also
instrumental in instigating the perpetrators and then helping them hush up
the case. It is not surprising that the BJP-Shiv Sena leadership which is
ever ready to put the ruling coalition on the mat has maintained complete
silence over the incident. The Nitin Gadkaris or the Mundes or the Thakres
have not even condemned the barbaric killings of the dalits. In fact to
defuse and deviate people's attention from the spontaneous and militant
assertion of the dalits, the Bhandara district units of the Shiv Sena and
Bajrang Dal have joined hands to raise a counter agitation on an emotive
issue.

The deputy Chief Minister who also manages home portfolio expressed
satisfaction over the direction of investigation. Later when the militant
movement of dalits compelled him to wake up from deep slumber, he instead of
taking urgent step to defuse the movement preferred to make some
irresponsible statements. Instead of addressing the roots of the dalit
anger, he 'discovered' that their anger was a pointer towards growing
naxal-dalit affinity.

While the the state government and its machinery merely tried to put the
issue below carpet and the opposition saffron Parivar maintained a studied
silence to suit its own interests, the response of the leadership of the
mainstream dalit movement was not qualitatively different. Neither those
factions of the Dalit formations which are participating in the state
government nor those which have remained outside decided to raise the pitch
over the incident. The conspiracy of silence on part of the dalit leadership
was so blatant that when lakhs of people converged (2 nd October) in Nagpur
to celebrate golden jubilee year of historic conversion of Dalits to
Buddhism, none of them deemed it necessary to highlight the Khairlanji
killings. Even according to conservative estimates 15-20 lakh people visited
Deekshbhoomi during those celebrations which continued for a fortnight.

In the backdrop of the Kherlanji killings a demand has been raised for
formulation of new law 'specific to the situation in the state'. The state
government also has formed a committee to look into the actual
implementation of these law(s). Of course even a cursory glance at few of
the earlier reports by various agencies can give one an idea what sort of
conclusions would be arrived at.

The 'Report on Prevention of Atrocities against Scheduled Castes' (NHRC,
2004,Delhi) which studied the way the law unfolded itself, underlined how
the 'state has failed in this respect' on 'several fronts'. These are
'failure to effectively implement the laws relating to atrocities against
SCs and STs' which is 'reflected both in respect of preventing violence from
taking place' as well as in the 'inability to punish perpetrators of
violence after the crime is committed'; 'failure to act against its own
agencies involved in the commission of violence ;' failure to strengthen the
watchdog institutions' etc. '

There have been innumerable reports detailing how the local police in
connivance with the perpetrators themselves; sabotages implementation of
laws basically meant to protect the dalits and the tribals. It is noticed
that instead of filing cases under the SC-ST (Prevention of Atrocities) Act
1989, it prefers filing cases under normal provisions of Indian Penal Code,
which facilitates release of the accused on bail easily. It also facilitates
filing of 'counter cases' against the victims, so that a compromise could be
reached. The Third Report of the NPC (New Delhi :GOI, 1980- p.31) had
rightly underlined how " [f]alse criminal cases are sometimes engineered
merely for the sake of making arrests to humiliate and embarass some
specified enemies of the complainant, in league with the police for corrupt
reasons".

Looking at the fact that a militant mass movement has arisen to protest the
killings, one can surmise that the legal wranglings in the Kherlanji
massacre would not lead us to a blind alley and the perpetrators of the
massacre would receive exemplary punishment. But there is no guarantee that
it would be the case.

It has been a general experience of activists or social workers who help
marginalised section fight cases of atrocities that a delay in judicial
verdict is always beneficial to the perpetrators. The most important lesson
is that we should be constantly on the vigil and demand that the trial
should be conducted by a special court and on a day to day basis.

The public activism which was on the display in the case of Priyadarshini
Matto , Nitish Katara or Jessica Lal has been much talked about. Can one
expect any replay of the same spirit. Although as Priti Singh puts it in an
op-ed piece in HT 'Priyanka's Khairlanji, I'm afraid, unlike Priyadarshini's
Delhi, doesn't have an India Gate for the pupose of holding candlelight
vigils.'

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Ours is a battle not for wealth or for power.
It is a battle for freedom. It is a battle for the reclamation of human
personality."
- Dr BR Ambedkar
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


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