PUCL
*PEOPLE’S UNION FOR CIVIL LIBERTIES*
*332, Patpar Ganj, Opposite Anand Lok Apartments (Gate No. 2), Mayur
Vihar-I, Delhi 110 091*
*Founder*: Jayaprakash Narayan; *Founding President: *V M Tarkunde
*President*: *Ms.* *Kavita Srivastava* (Rajasthan); *General Secretary*: *V
Suresh* (Tamilnadu);
E.mails:*<*pucl...@gmail.com <pucl...@yahoo.com>*>,
*Please visit our website:
www.pucl.org
*LETTER PETITION*
*TO CHIEF JUSTICE, UTTARAKHAND HIGH COURT*
13 June, 2023
To,
The Hon’ble Chief Justice,
Uttarakhand High Court,
Nanital, UttaraKhand.
1. We are writing this letter as People’s Union for Civil Liberties
(PUCL) to bring to your attention the alarming rise of hate speech,
vigilantism, and targeted communal violence against the minority Muslim
community in Uttarakhand in the last few days.
2. We are a civil liberties and human rights organisation formed in 1976
by Sh. Jayaprakash Narayan, Acharya Kriplani, Krishna Kant and others.
Justice V.M. Tarkunde, Justice Rajindar Sachar, Rajni Kothari, K.G.
Kannabiran and other legal luminaries. PUCL has been at the forefront of
the defence of the freedom of speech and expression in its work ever since
its inception. However, as per human rights standards both internationally
as well as in the Indian Constitution, the freedom of speech and expression
does not extend to the ‘advocacy of religious hatred that constitutes
incitement to discrimination, hostility or violence’ as per Article 19 of
the International Covenant on Civil and Political Rights. Article 19 (2)
envisages a restriction of the freedom of speech and expression on the
ground of ‘incitement of an offence’. It is precisely this dangerous
transgression of the limits of free speech which threatens the life,
liberty and property of an entire constitutionally protected grouping, in
Uttarakhand that we wish to bring to your kind attention.
1. We submit this petition to draw your immediate attention to the
alarming rise of hate speech, vigilantism, and targeted communal violence
against the minority Muslim community in Uttarakhand and to request you to
kindly direct the state government of Uttarakhand and the concerned
authorities to take immediate measures to redress violent hate campaign,
incitement to violence, increased insecurity in the minority community
which is resulting in many being coerced into leaving their homes.
2. A multi-layered discriminatory public campaign led by certain groups
such as Bajrang Dal, VHP for the last few months and continuing till date
have been systematically targeting the Muslim community. During the course
of these campaign they has used terms like "Vyapar Jihad" (Business Jihad),
"Love Jihad," and "Land Jihad" to instigate fear and hatred among the
majority community which has created an atmosphere of violence and
insecurity against the Muslims living in the region, causing an exodus
3. The situation threatens to escalate by June 15, 2023 in Purola in the
district Uttarkashi, where a ‘Mahapanchayat’ (a mega assembly) is being
planned by several groups who have come under the leadership of Swami
Darshan Bharti of Debhoomi Raksha Abhiyan. The Hindustan Times has reported
that posters have been put up in Purola threatening owners of Muslim owned
shops to vacate before the Mahapanchayat. The link to the report can be
found here -
https://www.hindustantimes.com/india-news/posters-asking-muslim-traders-to-leave-surface-in-uttarakhand-101685991761377.html
4. Papers like Amar Ujala and Hindustan have reported that a letter has
been sent by the Vishwa Hindu Parishad to the Tehri District Magistrate
giving an ultimatum to members of the Muslims Community to leave the
Jaunpur valley and in particular the towns of Nainbagh, Jakhar, Nagtibba,
Thatyur, Saklana, Damta, Purola, Barkot and Uttarkashi. The threat
specifies that if Muslims don’t respond to their ultimatum of leaving the
areas themselves, these organizations will organise a chakka jam in Tehri
on 20.06.2023. The report of Hindustan, a Hindi newspaper detailing the
contents of this letter can be found here - repor
https://www.livehindustan.com/uttarakhand/story-communal-tension-tehri-district-after-uttarkashi-particular-community-people-warned-leave-city-within-10-days-8282992.html
5. The campaigning has already led to the exodus of numerous Muslim
families. It will also provoke an already volatile situation into systemic
communal violence on a large scale, unless the state takes immediate and
urgent proactive measures to stop both the hate campaigns as also to
prevent violent attacks to take place.
6. The campaign was based on an incident of alleged abduction of a Hindu
minor girl in Purola by two accused (belonging to both Hindu and Muslim
communities) and has been escalated as proof of ‘love jihad’. It should be
noted that no governmental organisation or data has ever substantiated the
existence of ‘love jihad’, or forcible conversions in the guise of
fraudulent romantic relationships, but that the concept has been used to
buttress hate-speech against Muslims across the country in recent times.
The current situation in Uttarakhand is playing out similarly.
7. The Devbhoomi Raksha Abhiyan is an organisation operating in the
area, which issued posters demanding that Muslims in the area flee their
residences on threat of violence. They were joined by local community
leaders like Swami Darshan Bharti and Rakesh Uttarakhandi, who also called
for the forced eviction of Muslims while making hate-speech against the
community. Evidence of these speeches are available in videos currently
seeing wide circulation, and are contributing to the deterioration of
communal harmony in the area.
8. Local press has also reported that homes and shops belonging to
Muslims have been marked with an ‘X’, and long standing residents including
a BJP Minority Cell Leader (Mohammed Zaid), have been forced to flee their
homes due to the threat of violence.
9. The threats were consolidated and escalated on May 29, when a rally
organised by groups of the majority Hindu communities of the ruling BJP
parties with the support of trade unions, turned violent, with mob violence
against home and shops in the area. Reports suggest senior leaders of the
ruling party have been involved with these rallies, with the District
General Secretary of ruling party, Prakash Kumar Dabral, saying, “We will
not let them do business here, will not let them open shops. Then they will
leave on their own.”
10. These demands go against the spirit of the Preamble which rests on
the spirit of the fraternity. These consistent hate speeches attack the
dignity of the individuals, threatens not only their livelihood but also
their life based on their religious identity i.e. Muslims. It reduces the
Muslim citizens to second class citizenship and creates both institutional
and popular sentiment to view them as lesser than. As ground situation
shows, it does not stop with seeing Muslims as lesser than but goes on to
instigate targeted violence against them, their property and a series of
their fundamental rights. The violent targeting of a religious group with
the intent of removing them from a geography, holds alarming similarities
to genocidal tactics.
This is not an exaggeration, as the primary leaders of this campaign
have also previously been involved in explicit calls for the mass-murder of
Muslims, at speeches given at the Haridwar Dharma Sansad of 2022. The
common leader between the Dharam Sansad of 2022 and the hate campaigns now
is Swami Prabodhanand Giri Mahamandaleshwar who is a repeat offender.
This court has critically intervened when it came to the hate speeches made
in Dharam Sansad and directed the state to register FIRs against the
accused. A brief profile of the antecedents of Swami Prabodhanand Giri
Mahamandaleshwar can be found here
https://www.thequint.com/news/india/haridwar-dharam-sansad-yati-narsinghanand-jitendra-tyagi-bjp#read-more
11. This also follows from the incitement to genocide on April 20 2023,
at a Dharma Sabha in Uttarakhand organised by the fundamentalist group, the
Rudra Sena, where calls for an economic boycott of minorities & and a ban
on the settlement of “non-Sanatanis” in the state were made.
12. They declared that “peace cannot prevail in the world unless every
‘jihadi’ is eliminated.” The leader of the Rudra Sena, one Rakesh Tomar
Uttarakhandi, has previously made speeches calling for the Van Gujjar
community (a primarily Muslim tribal group) to evict the area on threat of
violence.
13. Swami Darshan Bharti, mentioned above in paragraph 4 is leading the
call for mass evictions. He was among those making hate speeches at the
Dharma Sansad. His group, Uttarakhand Raksha Abhiyan, has previously
circulated 1.5 lakh pamphlets inciting Hindus to stand up against alleged
changes in the demography of Uttarakhand because of Muslims in 2019. He has
been previously jailed after his hate-speech inspired physical attacks on
Muslims.
1. Following are a few links corroborating the above facts:
a) Post 1 by Swami Prabodhanand Giri Mahamandaleshwar
https://m.facebook.com/story.php?story_fbid=1176625616336285&id=100002420099047&mibextid=CDWPTG
b) Post 2 by Swami Prabodhanand Giri Mahamandaleshwar
https://m.facebook.com/story.php?story_fbid=2491178251042485&id=100002420099047&mibextid=Nif5oz
c) Post 3 by Swami Prabodhanand Giri Mahamandaleshwar
https://m.facebook.com/story.php?story_fbid=pfbid02CaosTehfX9bNd2dfDZHc5ajiCrC7AprGugCVDEJGi8iRz1BFnCgiwsLvgy6emEVLl&id=100002420099047&mibextid=CDWPTG
d) Post 4 by Swami Prabodhanand Giri Mahamandaleshwar
https://m.facebook.com/story.php?story_fbid=pfbid02CaosTehfX9bNd2dfDZHc5ajiCrC7AprGugCVDEJGi8iRz1BFnCgiwsLvgy6emEVLl&id=100002420099047&mibextid=CDWPTG
e) Post 5 by Swami Prabodhanand Giri Mahamandaleshwar
https://m.facebook.com/story.php?story_fbid=pfbid02mvGJdgXfNpWPQ3H3Qha76miGtrWvpF71FkXLRXXG56Lse3BmBooJjkcJz1vUT5V7l&id=100002420099047&mibextid=CDWPTG
1. All these speeches, posts, fall squarely within the understanding of
hate speech that this very court has provided in Pravasi Bhalai Sangathan v
Union of India. As the Supreme Court observed:
“7. Hate speech is an effort to marginalise individuals based on their
membership in a group. Using expression that exposes the group to hatred,
hate speech seeks to delegitimise group members in the eyes of the
majority, reducing their social standing and acceptance within society.
Hate speech, therefore, rises beyond causing distress to individual group
members. It can have a societal impact. Hate speech lays the groundwork for
later, broad attacks on vulnerable that can range from discrimination, to
ostracism, segregation, deportation, violence and, in the most extreme
cases, to genocide.” A copy of this judgement is annexed as Annexure – A.
The situation in Uttarakhand of fear amongst the Muslims, the exodus and
threat of violence are the visible harms of hate speech in action as noted
by this Supreme Court. More so, the reality presents alarming similarities
to the ground work before a genocide.
1. In such a situation the state’s failure to take adequate action is
notable given that this was brought to their attention in an open letter
dated May 30, written by the Lawyers of the Supreme Court of India to the
Governor of Uttarakhand. The letter also noted specifically the actions of
the previously mentioned entities in relation to hate-speech and past
communal violence.
2. This is despite this honourable Supreme Court in W.P. No.940 of 2022
directing the state of Uttarakhand vide its order dated 21.10.22 “to ensure
that immediately as and when any speech or any action takes place which
attracts offences such as section 153A, 153B and 295A and 505 of the IPC
etc., suo motto action will be taken to register cases even if no complaint
is forthcoming and proceed against the offenders in accordance with law.” A
copy of this order is annexed as Annexure – B.
3. It is important to note that the Hon’ble Supreme Court has been
deeply concerned at the rise of hate speech and mob violence in the country
and in Uttarakhand in particular. On 17.07.2018, in its judgement
in *Tehseen
Poonawalla vs. Union of India and Ors.*, the Court directed all State
governments to proactively act against hate speech and mob violence. A copy
of this judgement is annexed as Annexure – C.
1. Further, as per the Court’s 21.10.2022 order in *Shaheen Abdullah vs.
Union of India *(WP(C) 940/2022), the states of Uttarakhand, Himachal
Pradesh and Delhi were specifically directed to "ensure that immediately as
and when any speech or any action takes place which attracts offences such
as Sections 153A, 153B and 295A and 505 of the IPC etc., suo moto action
will be taken to register cases even if no complaint is forthcoming and
proceed against the offenders in accordance with law,”. Despite this till
date no FIR’s have been registered by the police.
Given the grave threat to the lives and property of minorities and the
dereliction of constitutional duty of the State, in Uttarakhand we urge the
Hon’ble Supreme Court:
1. Urgently intervene by directing the Chief Secretary, Government of
Uttarakhand and the Director General of Police to personally ensure that
the Mahapanchayat scheduled to take place at Purola on 15.06.2023 and the
rally and chakka jam programme on Tehri on 20.06.2023 are denied
permissions based on the harm caused by the continuing hate campaigns to
the constitutional fabric of the State.
2. The Chief Secretary and DGP, Uttarakhand should be held accountable
for the dereliction of their constitutional duty to protect all citizens
and ensure law and order in the State.
3. To direct the concerned authorities to immediately register FIR’s
under the relevant provisions of the Indian Penal Code, 1860 against Swami
Prabodhanand Giri Mahamandaleshwar, Swami Darshan Bharti, Rakesh
Uttarakhandi and Prakash Kumar Dabral, amongst others who threatening the
right to life, livelihood and residence of Muslim population in the State
of Uttarakhand.
4. To ensure initiation of a thorough investigation regarding the role
of organisations such as Rudra Sena, Devbhoomi Raksha Abhiyan, Vishwa Hindu
Parishad, Bajrang Dal among others, into the incidents of hate speech,
vigilantism, and violence targeting the minority community in Uttarakhand
taking place in an unabated manner with the full and tacit support of the
state administration and police.
5. Ensure the implementation of Supreme Court orders regarding hate
speech and mob violence, including the appointment of nodal officers to
eradicate hostile environments against targeted communities as spelt out by
this court in Tehseen Poonawala case and Shaheen Abdulla cases.
6. Provision of adequate protection to the minority community and
individuals, both in their residence as also in their shops and business
areas, who are at risk due to the ongoing campaign of hatred.
7. Issuance of clear directives to the state government and law
enforcement agencies to maintain law and order, protect minority rights,
and prevent any further incidents of violence.
We firmly believe that the judiciary, as the guardian of justice and
protector of citizens' rights, has the power and responsibility to uphold
the constitutional values of equality, secularism, and social harmony. By
addressing this petition, your Lordship would not only ensure justice for
the affected communities but also uphold the principles of our democratic
society.
We earnestly request your urgent attention to this matter.
Sincerely,
Kavita Srivastava, President
V. Suresh, General Secretary
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