---------- Forwarded message ----------
From: yogi sikand <[EMAIL PROTECTED]>
*Minorities Council*
4/1703,Syeda Manzil, Muzammil Compound, Dodhpur, Aligarh,202001
Tel.91-571-2709629,Mob.09411415100,Email:[EMAIL PROTECTED]<[EMAIL PROTECTED]>
Dr. Manmohan Singh
Prime Minister Of India./
Chairman National Integration Council.
New Delhi.
Dear Mr. Prime Minister,
You are presiding over the destiny of a Nation which claims
to be the largest democracy without rule of law, and a secular state without
secular justice, which gets illustrated by anti-Christian violence in Orissa
and other states which has made your head hang in shame before the
international community. However you and the political class in India and
sections of media are trying to project as if the bomb blasts in recent
months are the only threat to the state and nation, in spite of the fact
that the Administrative Reforms Commission in its fifth report on Social
Order as well as the Supreme Court twice during the hearing of the Gujarat
cases has stated that communal violence is a greater threat to the society
and state than terrorism In our view both are diabolical acts whose victims
being innocent outrage our conscience However gang-raping women including
nuns, ripping open the abdomen of a pregnant woman and smashing the foetus
and burning alive of people in the presence of the police must be considered
, if not more, at least as outrageous by any standards as killing of a
child by the splinter of a bomb, as the hate motive is more intense in
communal violence than in
the terrorists act .
While focusing attention on terrorism, the NIC will be well advised to
keep in view the linkage established by the inquiries by Justice Srikrishna
and Justice Gokul Krishna between serial blasts like those in Mumbai
,1993,and Coimbatore,1998 and frustration caused among a section of Muslim
youth by partisan role of the Government and loss of hope in the justice
delivery system. In Coimbatore even the trial judge who recently convicted
the accused took cognizance of the fact that in Dec 1997 riots, police had
done targeted killing of Muslims. Such targeted killings of Muslim by state
forces have not been rare. However, the worst case of state terrorism
against Muslims with hate motive has been the cold-blooded murder of more
than 40 Muslims of mohalla Hashimpura, Meerut on 22 May ,1987 by the UP
State's PAC. It was characterised as a "Nazi pogrom to terrorise, nothing
but terrorise an entire community" by Nikhil Chakravarty and other eminent
leaders. The officers who conspired for the crime and ordered firing the
next day in Maliana are enjoying promotion, and trial of 19 lower rank
indicted PAC personnel has yet to conclude even after 20 years. The sad
part of the Maliana case is that no cases seem to have been properly filed;
even sadder is the fact that the next of kin of those killed in Maliana have
received no compensation till date except for the relief money of Rs.40000/
initially paid to them.
Another forgotten massacre of Nellie, Assam needs to be recalled and noted
by secular class in the country and the world community. Three thousand
Bangla speaking Muslims were butchered in February 1983,just because they
responded to Mrs. Indira Gandhi's call not to boycott elections. Tribals
were armed and incited to kill them. That this crime of genocide, committed
without the provocation provided by the assassination of Mrs.Indira Gandhi
in Delhi in 1984,enjoyed police support was convincingly documented by Arun
Shorie, then General Secretary of the PUCL.
Mr. Prime Minister d o you know that some of the cases filed against the
culprits were dismissed for lack of proper investigation-prosecution and
others were withdrawn when Assamese parties came to power to reward their
voters.
Dr. Manmohan Singh do you know the amount of compensation given to the
families of those killed? It is Rs.5000/ yes, just five thousand .,After
July 1996 Delhi High Court judgment by Justice Anil Dev Singh holding the
Govt. of Delhi Administration responsible for violation of right to life
guaranteed under Art.21 to Sikh victims as citizens of India in 1984,and
making it liable to pay adequate compensation for each loss of life ,our
efforts to make this law applicable in all cases of killing in all
disturbances caused by failure of governance as it was based on a
Constitutional guarantee of fundamental right, which in the case Ahluwalia
vs Delhi Administration has received endorsement of the Supreme Court has
not had any success for the obvious reason that most ,though not all ,other
victims are Muslims.
When you apologised to the Sikh community for the carnage of 1984 and
announced a package of more relif and rehabilitation measures, we not only
welcomed it, but asked for enhancement of the amount .However our plea to
make its application secular by appointing a tribunal to determine the
factor of failure of governance and settle claims of all sufferers
irrespective of faith at least in cases like Nellie1983,and Hashimpura
/Meerut-Maliana did not find any takers, one reason of which lies in your
reported observation before a delegation of Muslim leaders that 1984 anti
–Sikh carnage was the only case of. one sided killing…………even maharajas of
yore would have asked for report about compensation paid by governments in
all riots and explanation for wide disparities, so that his praja may not
consider him applying double standards in such case of justice.
I would like you and distinguished members to note that former Chief Minster
of U.P who had earlier turned down my request to enhance the amount of
compensation to Hashimpura victims of the worst state terrorism changed his
mind just on the eve of last state election in UP ,ignoring Maliana as too
remote and poor to find any political support. In this case of compensation
to Hashimpura victims even the higher judiciary has not covered itself with
glory
In this regard I would like to draw your attention to the reported
distribution of compensation of Rs nine lakhs for each loss of life in Marad
,Kerala where victims happened to be Hindus.
What explanation do you have for making all possible effort to get Dawood
Ibrahim ,allegedly involved in Mumbai blasts of 1993,but not punishing even
belatedly all indicted officers and leaders including Bal Thackeray? The
first step towards secular justice, which is irreducible minimum requirement
of any secular state, will be taken ,if your Government publishes a)all
information about ex-gratia compensation/relief paid to all sufferers
of disturbances
at least since 1980-81;b)all information on riot related cases filed,
investigation/prosecution and cases dismissed /withdrawn with reasons of
dismissal and withdrawal since 1980-81;c) all information on targeted
killings /encounter killings of Muslims and custodial crime against them
with hate motive.
It is unfortunate that our police and justice system do not fulfill the
minimum requirements for upholding rule of law Apart from cynical calculation
of the political class in the game of power , any strong tradition of equal
justice for all persons irrespective of caste and religion, is just lacking
in India, which makes exclusion of others and even violence against them
acceptable as normal .
How seriously members of the entire political class take the most vital
issue of citizen-centric governance, which requires basic reform of the
police and justice system, is obvious from the fact that even after three
years, the direction of the Supreme Court to reorganize the police system on
the model of the National Police Commission and as drafted by the Sorabjee
Committee ,is not being implemented. It may be a news to some of the members
of the Council, whose meeting you are chairing, that even the most
elementary reform about the accountability of the district administration
and police officials for maintenance of peace, and amending S153A on hate
speech to make it more effective as suggested by this august body in 1961and
1968 has been ignored by all secular as well as pseudo-secular parties. The
police reform is not being attempted or demanded as control over police,
provided by the 1861 Act and culture of governance ,is part of the struggle
for political power for political, social and economic benefits of the
parties in power or seeking power ,including the left.
The timing of the session may arouse false hope that all parties are
ready to do their best to rid the country of riots and terror. But it will
not amount to more than a cosmetic exercisesi ,as those responsible for
demolition of Babri Masjid are posing as the most fervent and dedicated
peace mongers,not realizing that it was this' act of national shame ' which,
as testified by Justice Srikrishna, has been the mother of all acts of
homegrown terrorism by isolated and till recently unorganized Indian Muslim
terrorists. Y u will be sharing the table with Shri L.K.Advani and co. who
betrayed their pledge to the NIC and the Supreme Court to maintain the
status quo at Ayodhya.
I am reminding you and the members of the NIC this obvious fact ,because it
is impunity enjoyed by perpetrators of crimes against humanity which is
responsible for rise of leaders like Narendra Modi.If your Congress
Government of Maharashtra had effectively prosecuted Bal Thackeray for most
obnoxious writings in Saamna in Dec.Jan. 1992-93 it could have resulted in
his conviction, as attested by Seervai that it was the fittest case to be
tried and convicted under 153 A. But there was not only obvious collusion
between the prosecution and the accused ,but the learned bench was
also indulgent
to the great leader, who and the family are still terrorizing people on
flimsiest grounds of language and region besides religion.
Your failure to enact a comprehensive law on genocide in compliance with the
UN. Convention on Prevention and Punishment of the Crime of Genocide
,1948,is betrayal of the trust of the people who elected you to power in
2004.
You failed to dismiss the Govt. of Gujarat covering your shame with the fig
leaf of his re-election, ignoring that apart from the earlier May 2002 NHRC
Report holding Narendra Modi Govt responsible for the massive loss of
innocent life and property, the Supreme Court had severely indicted the
Gujarat Govt. for subversion of justice, and the NHRC had further indicted
the Govt. of Gujarat for non compliance on rehabilitation measures, which
provided sufficient grounds for action under Art.355 if not under Art.356.
It should be taken as mockery of justice that the same Government whose
complicity results in genocidal killings enjoys power under the law to
appoint commission of inquiry with members having dubious background and
motive .It needs to be recalled that Justice Nanavati had absolved Modi of
all guilt soon after the appointment of the Commission
.
Dr.Manmohan Singh, the fact that I am writing to you, on coming to know
about the meeting, is proof of my faith in your ability to rise to the
occasion to initiate reforms like a wise, humane statesman, irrespective of
electoral calculations. I am submitting below some specific proposals,
including on National Peace Council/Community Relations Commission for all
ethno-religious conflict resolution/management.:
1.Empower the National Commission on Human Rights to carry out its mandate
of protection and promotion of human rights, especially right to equality
and non-discrimination, more proactively and effectively, for which the
existing National Commissions on Minorities, Linguistic Minorities,
Women, SC & ST and Children, Disabled and for any other identified
disadvantaged group, may function as Sub-Commissions for the purposes of
ensuring equal opportunities/non-discrimination to the concerned
groups. It will require suitable amendment of the Protection of Human
Rights Act, 1993, though even under the existing provisions of clause 12(d),
(f), (g) it can perform all the functions of the EOC. To give the issue of
equality special attention, the NHRC may be called 'Equality and Human
Rights Commission' as in the UK.
2 .The amended Protection of Human Rights Act (1993) should provide for
socially diverse composition of chair and members as well as the
administrative staff and all other bodies under the Commission.
3.Implementationof the recommendations of the NCM Committee on 'Communal
Riots: Prevention and Control' (1999), especially those of Section I related
to preventive measures.
4Establishing statutory National/State Community Relations Commissions (CRC)
for monitoring and resolution of inter-community group conflicts especially
on ethno-religious issues as recommended by the NCM Report 1999.
Alternatively establishing a statutory National Peace Council, having
inter-community relations as one of its major concerns.
5.Under the amended protection of Human Rights Act (1993) [vide clause 1],
provision to be made for appointment of a permanent mechanism of inquiry
under NHRC's authority, fixing responsibility for any major social/communal
violence which causes loss of more than ten lives and continues for more
than 72 hours, of all State actors who are entrusted with the responsibility
and who have powers of maintaining law and order, including the Chief
Minister and Home Minister and district administrative and police officials.
It will also inquire into the role of (i) leaders of political parties (ii)
religious/social-cultural organizations (iii) other organized groups and
(iv) media, in spreading hatred and causing communal tension.
6 Enactment of a central law creating an Independent Authority to exercise
defined powers under Article 355 of the Constitution for maintaining social
order and keeping peace in the concerned State in the event of violence
continuing beyond 72 hours and causing considerable loss of life (10 to 20)
and destruction of property. The Authority under the central law shall take
charge on the recommendation of the NHRC to the Government of India after
its inquiry, for fixing responsibility of State authorities as provided
under clause 6(1) reveals dereliction of duty. The Authority will function
under the supervision of NHRC-NCM, without declaring President's Rule under
Article 356.
6 (1)The central law should provide for trial by Special Courts of all such
Constitutional authorities, officials and political and religious leaders,
who are held responsible for acts & omissions causing such mass hate crimes.
It shall have retrospective effect from 1980, which may be taken as the
beginning of the dangerous period of ethno-religious violent conflicts
causing carnages, pogroms and crimes against humanity.
6 (2)(1) Provision of special courts for trial of all mass hate crimes
cases, incorporating certain provisions of the Communal Violence
(Prevention, Control And Rehabilitation of Victims) Bill, 2005 introduced in
the Rajya Sabha in December 2005.
6 (3 The law shall provide for investigation and prosecution of hate crimes
under the Independent Authority to function under NHRC-NCM.
6 (4)Enactment of a law providing for rights of victims of grave
social/communal violence for victim/witness protection and reparation,
rehabilitation and adequate compensation, to be enforced retrospectively,
incorporating certain provisions of the Communal Violence (Prevention,
Control And Rehabilitation of Victims) Bill, introduced in the Rajya Sabha,
in 2005.
7. Implementation of the directions of the Supreme Court (September 2006)
for reorganization of the police on the model suggested by the National
Police Commission (1979-81), provided for in the Model Police Act (2006),
especially the direction for constituting: (i) Central/State Security
Commission/ Board (ii) Police Establishment Board and (iii) Police
Complaints Authority/ Accountability Commission (The other reform measures
like separation of the investigation and law and order functions may be
implemented at a later stage, if the excuse of insufficient number of police
personnel is found to be genuine). (iv) Provision of adequate minority
representation in all wings of the Police, as recommended by NPC and other
Commissions & committees as well as by the Sorabjee Model Police Drafting
Committee (2006).
8. Enactment of Social Diversity of Institutions Act with the following
provisions:
(a) All Boards, Commissions, Panels & Committees entrusted with the powers
and functions of selection, appointment and nomination of public employees
of all ranks to have socially mixed composition ensuring adequate Muslim
representation of underrepresented minorities. (b) Requirement under law of
positive measures for recruitment of any underrepresented minority by all
public institutions adopting a graduated scheme of targets for 3,5,7 and ten
years to reflect social diversity. (c) Earmarking certain percentage of
seats and posts for OBC and SC Muslims and Christians. (d) Yearly and
periodic publication of community composition of the employees at all
levels/ranks, with liability of institutions to explain any consistent
underrepresentation of any recognized group/community, especially Muslims
including OBC and Dalit Muslims.
(b) A special provision to be made under the Act, making it mandatory for
institutions of law-enforcement and justice system to ensure adequate share
of minorities, especially Muslims in all wings and all levels, especially at
command positions of the police, paramilitary and armed forces, and the
judiciary, and National and State Human Rights Commissions as recommended by
most official Commissions and Committees and by Durban Declaration & POA.
(2001)
9. A Multiculturalism Act providing effective protection of minority
languages and other areas of minority culture and religion, which require
stronger protection than are provided for in the Constitution as the shadow
of Partition cast reflection on the politics of Constitution making, causing
scrapping of all political and economic safeguards, necessary for ensuring
fair share of minorities, especially when inter-community relations are not
cordial.
10. Introducing measures within the existing electoral system providing for
effective representation of Muslims and other underrepresented minorities in
legislatures and other elected bodies and decision making forums. This
neglected issue raised by NCRWC and more forcefully by Sachar Committee
needs special attention of those who are raising the issue of 33 per cent
reservation for women, as without any device of ensuring fair share of
Muslims, the empowerment of women is bound to increase Muslim deprivation in
legislatures
Yours sincerely
Prof.Iqbal A.Ansari
Secretary General
13October,08
--~--~---------~--~----~------------~-------~--~----~
You received this message because you are subscribed to the Google Groups
"Green Youth Movement" group.
To post to this group, send email to [email protected]
To unsubscribe from this group, send email to [EMAIL PROTECTED]
For more options, visit this group at
http://groups.google.com/group/greenyouth?hl=en-GB
-~----------~----~----~----~------~----~------~--~---
