Introduction

FACTS ABOUT GUJARAT

From 28th February to 2nd March 2002, targeted attacks on the Muslim Minority took place in 19 districts of Gujarat, more than 2000 people were killed in the violence and about 20,000 people were rendered homeless and internally displaced.

It is estimated that across Gujarat over 1,100 Muslim owned hotels, homes of not less than 100,000 families, over 15,000 small and big establishments, around 3,000 hand carts, and over 5,000 vehicles were badly damaged or destroyed. 78 mosques, 71 shrines, 47 Madrasas and grave yards were destroyed and 9 were converted to hindu uses.

As reported by victims of the violence in Gujarat, the violence was unleashed by frenzied mobs (from 13 year old boys to women). These mobs were led by leaders of the Hindu Right Wing Nationalist parties including sitting members of the legislative assemblies of Gujarat with the full cooperation and protection of the state police force and the Municipal Corporation.

These mobs attacked Muslim colonies and mercilessly massacred people, ransacking and looting their homes before setting them on fire. Derogatory slogans against Islam were shouted out by the mobs. Widespread incidents of rape occurred as an instrument to humiliate the Muslim community. Hindu symbols were misused by the mobs including, trishuls and photographs of Hindu gods which were left on the scene of violence. Mosques were attacked and desiccated with human excreta. Kuran were burnt and disrespected. The violence was specifically targeted at Muslims, with military precision.

The National Human Riots Commission found that; "The Commission considers it would be naïve for it to subscribe to the view that the situation was brought under control within the first 72 hours. Violence continues in Gujarat as of the time of writing these Proceedings. There was a pervasive sense of insecurity prevailing in the State at the time of the team's visit to Gujarat. This was most acute among the victims of the successive tragedies, but it extended to all segments of society, including to two Judges of the High Court of Gujarat, one sitting and the other retired who were compelled to leave their own homes because of the vitiated atmosphere. There could be no clearer evidence of the failure to control the situation."

"The Commission has therefore reached the definite conclusion that the principle of 'res ipsa loquitur' ('the affair speaking for itself') applies in this case and that there was a comprehensive failure of the State to protect the Constitutional rights of the people of Gujarat, starting with the tragedy in Godhra on 27 February 2002 and continuing with the violence that ensued in the weeks that followed"

"The failure of intelligence was, in the opinion of the Commission, accompanied by a failure to take appropriate anticipatory and subsequent action to prevent the spread and continuation of violence."

"The tragic events in Gujarat, starting with the Godhra incident and continuing with the violence that rocked the State for over two months, have greatly saddened the nation. There is no doubt, in the opinion of this Commission, that there was a comprehensive failure on the part of the State Government to control the persistent violation of the rights to life, liberty, equality and dignity of the people of the State. It is, of course, essential to heal the wounds and to look to a future of peace and harmony. But the pursuit of these high objectives must be based on justice and the upholding of the values of the Constitution of the Republic and the laws of the land. That is why it remains of fundamental importance that the measures that require to be taken to bring the violators of human rights to book are indeed taken."

The Election Commission of India Order dated 16.8.2002 concluded that "After a careful examination and analysis of the situation obtaining presently in the State of Gujarat, the full Commission has unanimously come to the considered view that it is presently not in a position to conduct a free and fair election in the State. The electoral rolls in the State have become substantially defective in view of the large-scale displacement of electors in the wake of the communal riots and violence in the months of February, March, April 2002 etc. and their failure to return to their places of ordinary residence where they have been registered as electors. Also, the law and order situation cannot be said to have become normal as fear in the minds of large sections of the electorate, particularly of the minority community, is still a palpable reality and the riot victims would be extremely wary of going to the polling stations to cast their votes fearing risk to their life and property. Many others would obviously be physically prevented from going to the polling stations. A situation has thus to be created which would be conducive to the holding of free, fair and peaceful polling in the State."

"In the full Commission's view, the law and order situation in the State is still far from normal. The wounds of the communal divide following the riots have not yet healed. The slow progress in relief and rehabilitation work on the one hand and non arrest and non-punishment of the guilty and the fear of a communal backlash on the other have hampered the process of restoration of normalcy to the State. Similar feelings are shared by persons from the majority community living in minority-dominated areas. The people have lost confidence in the local police, civil administration and political executive. In this environment, election campaigns evoking passions will only shatter the fragile peace unless adequate confidence-building measures are taken up in earnestness and with urgency."

The struggle for peace in Gujarat still continues and the Mahatma aptly said "Peace will not come out of a clash of arms but out of justice lived and done."