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Who loses in the head-count?

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The migration of Kashmiri Pandits from the Valley, after they had received threats in the name of Hizbul Mujahideen (published in local papers) in 1989-’90 remains one of the major tragedies of the Kashmiri situation. According to the office of the relief commissioner in Jammu, 28,561 families (about 1.5 lakh people) have registered with them as migrants. Of these families, 25,215, i.e., nearly 89 per cent, are Hindu, 1,468 are Muslim, 1,803 are Sikh and 75 are ‘others.’ Registration entitles the migrants to relief and rehabilitation.However, the state government’s own estimate of total migrants is 60,000 families, that is, close to 3,00,000 people. The camps in and around Jammu city house 90 per cent of the migrants. There are also camps in Udhampur at Kathua. There are still 8-9,000 Kashmiri Pandits living in the Valley in the face of all odds.

One bitter resentment of the migrant is that while each refugee gets only Rs 450 per month upto a maximum of Rs. 1800 per family, a surrendered militant is given as much as Rs. 2,400 per month! Kashmiri nationalist leaders claim that 70,000 innocent Kashmiris and Jammuites have fallen victim to the movement since 1989 (two-thirds due to state violence, the rest through the actions of the militants). Other independent groups put the estimate of the total loss of life closer to 25-30,000. About 60 per cent of the KP migrants — self-employed, small businesspersons and traders — have been the real sufferers. So also 25,000 Kashmiri Muslims, at least, who have also moved out of the state out of fear but do not enjoy any of the monetary benefits offered to state government employees and even medical students of the more affluent KP community.

Thirty-forty per cent of the migrant KP community all over the country has certainly faced the tragedy of being displaced. But medicos of the J and K state government, who draw a salary of Rs.1,500 per month continue their private practice. Many states, among which Maharashtra is one, have reserved seats for (KP) migrants in professional colleges.
 

State and the valley

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COUNTER–INSURGENCY sarkari militant groups patronised by the Army, the Border Security Force(BSF), the Central Reserve Police Force (CRPF) and the Indo–Tibet Border Police (ITBP) have let loose a reign of terror in the Valley, before and after the elections.Farooq Abdullah’s National Conference made two promises during its election campaign: disarming the sarkari militant raj and restoration of the J and K’s pre–1953 status vis–a–vis New Delhi. Protecting people from the excesses of the armed forces was also implied. But arbitrary acts of the armed forces, appear to have actually increased after the formation of the civilian government.

Why? The decision of the state government to totally renege on its promise, opting instead to ‘regularise’ the sarkari militants by appointing them to the ranks of Special Police Officers or security officers for ministers and VIPs! Some have also been recruited into the SOG (Special Operations Group), also called the Special Task Force (STF) of the J and K police. This action amounts to putting the stamp of law on their illegal deeds. The victims of these sarkari militants have included journalists, lawyers, writers, teachers, human rights’ activists, cadre of the Jamaat–e–Islami and Hurriyat leaders. Ordinary civilians have been subjected to rape and torture.Several gross cases of human rights violation, rape and torture have been documented by several Indian human rights groups. Officers of the Indian army have been indicted in many of these cases. Even today, there are 60,000 army personnel Alongwith the BSF, CRPF, ITBF and the J and K STF, the figure is anywhere in the region of 1-1.5 lakhs
 

Bias on record

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Dongri 1 to Police Control: Two military trucks have come carrying milk and other rations, led by Major General (retired) Syed Rehemtullah. Therefore, a crowd has gathered at IR road near Bhendi Bazar, please send some more men.

(Voice): Why the f—are you distributing milk to them laandyas (abuse for a circumcised person)? Do you want to f—their mothers? Miyan (Muslim), bastards live there.

Dongri 1, (agitated): There are lots of police here. Let them distribute milk.

Voice: Why are you distributing milk to them? Are you doing them a favour or what?

V.P.Road to Control: A mob has gathered outside Maharashtra garage, Ghas galli, Lamington road with the intention of setting it on fire. Send men.

Voice: Must be a laandya’s garage. Let it burn. S— don’t burn anything that belongs to a Maharashtrian. But burn everything belonging to a miyan, the bastards.

(Excerpts from transcripts of police wireless messages taped by Teesta Setalvad between January 10 and 18, 1993)
 

Archived from Communalism Combat, March  1998, Year 5  No. 41, Cover Story,

Where is your Allah now?

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The police force in Bombay, in Maharashtra and all over India must not forget that they are Hindus first and policemen thereafter,” Bal Thackeray pronounced at the Vijayadashmi Day rally at Shivaji park, Bombay, in October 1993. The Maharashtra government and the Bombay police chose to turn a deaf ear to such blatant communal incitement of policemen.

In sharp contrast to official lethargy in prosecuting and punishing those responsible for the December – January riots was the alacrity with which the Maharashtra police handled the serial bomb blasts which killed over 300 people in the metropolis in March, 1993. It was only to be expected that the law and order machinery nab the culprits, conduct interrogations and prosecute them. But it did much more. In the name of investigations, hundreds of relatives, friends and even casual acquaintances — men and women, young and old — of the suspects, were illegally detained for days and badly tortured.

To cite just two instances: Rehmat Sayed Ali Kadri: About 70 years in age, she is the mother of Shabbir Kadri, an accused from Mhasla in coastal Maharashtra who is absconding. She was illegally detained first at the Mhasla police station and later at the Mahim police station in north central Bombay. Her daughter and daughter-in-law (with a 10-month-old son) were also kept behind bars.

Said Ms. Kadri: “For 15 days, all three of us were dragged by the hair every day, beaten and verbally abused. The 10-month baby was starved of any food. We were repeatedly humiliated. Shabbir’s father was stripped and paraded before us. ‘Where is your Allah now? Forget him. say, Jai Sri Ram,’ they used to shout.

The Haspatel family: On April 13, 1993 with much fanfare, the Maharashtra police revealed that they had unearthed 16 “projectiles” (rocket launchers) from a home in Walwat village on the coast. the “projectiles” were proved to be spindles used in a local yarn factory.

But for 10 days before that, the two male members of the family, Iqbal (65) and Mobeen (17) had been detained and tortured daily. Also illegally detained, verbally abused and humiliated for five days were two women from the family — Zubeida (55) and her daughter-in-law along with her 18-month-old baby. Senior police officials assisted by a woman constable beat the family, stripped the men and paraded them before the women every day. Mobeen, who had been cured of epileptic attacks for over ten years started getting renewed attacks after being subject to “parrot torture” for four hours every day. “You have to stop saying Allah. Or you will have to go to back to Pakistan,” is the most common refrain they heard from policemen in the lock-up.

(The victims spoke to Teesta Setalvad during a video-taped interview soon after their release)

Archived from Communalism Combat, March  1998, Year 5  No. 41, Cover Story,

Isn’t it awful how we refuse to learn from our mistakes?

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On the day (February 16) he presented his 700-page report to the Maharashtra government on the findings of the officially appointed commission to investigate the communal riots of December 1992-January 1993 and the serial bomb blasts of March 1993, Justice B.N.Srikrishna spoke to Communalism Combat, in an exclusive interview. What his main findings were, the judge would not say except to emphasise more than once that the findings must be made public so that we all learn from the errors of the past. And, Justice Srikrishna did agree to share with us the Epilogue to Chapter VII of the commission’s report. We reproduce below excerpts from the interview with Teesta Setalvad and the epilogue:

How do you feel at the end of the whole exercise?
For all these years, sitting in this chair, being witness through real-life accounts to all that had taken place in Bombay, was an awful churning. Many times I felt angry and depressed. But now with the report submitted I have the satisfaction of knowing that it is a job well done. I feel relieved and satisfied.

Do you feel that your report will make any difference, effect any changes, be accepted by the government?
How can I say? That is the job of the wider public to ensure. So many worthwhile judicial commissions have sat in the past. Have their recommendations made any difference? All I can say is that every effort must be made to see that it is made public and that we all, the state included, learn from the grave errors of the past.

On many occasions during the commission’s work, you used harsh words against the police, even lost your temper?
Why remind me of that? It was impossible as a human being not to react. I was faced with victims who went through unspeakable horrors. That’s why the constant churning that I could not but experience. But more on that after the report is made public. As I am sure that it must be.
Just two days ago there were serial bomb blasts in Coimbatore. It has come two-and-a-half months after a terrible communal carnage. Does it not seem like a repeat of what happened in Bombay five years ago? Isn’t it awful how we refuse to learn from our mistakes? Its like the situation in any family. There is this younger brother whom I beat again and again till he is pushed to the corner. So much so that he is pushed to the wall. A point is reached when he can’t and won’t take it any more, he rebels and then he will take the help of any outsider to get back at me. That’s what happens. Anywhere.

Epilogue to Chapter VII of the Srikrishna report submitted to the Maharshtra government on February 14, 1998
The voluminous evidence produced before the Commission strikingly brings home the stark reality that the beast in man keeps straining at the leash to jump out; frictions, irritations and disputes based on colour, race and religion are but excuses.

The commission has noticed that most of the violent communal riots during December 1992 and January 1993 took place in areas called Prem Nagar, Shanti Nagar, Gandhi Nagar and so on. That vicious communal violence on such scale should occur in the land of ‘Ahimsa Paramo Dharmah’ and Mahatma Gandhi, only shows that the message of love and brotherhood preached by apostles is not internalized. Unless that is done, the spectre of communal violence would haunt the city again and again.

The Commission sincerely hopes that the calamitous events of December 1992, January 1993 and March 1993 would serve as eye openers and lead to introspection and that all concerned attain the maturity to accept constructive criticism and mend their ways. For, in the immortal words of Ramayana: “Sulabhaah purushaa rajan satatam priya vaadinah Apriyasya cha pathhyasya vakta shrota cha durlabah” ( Persons pleasing in speech are easy to find; it is difficult to find one who speaks or listens to the bitter, but wholesome truth).

Finally, before parting, the Commission would reiterate the ringing exhortation of Shankaracharya:“Tvayi Mayi chaanyatraiko Vishnuh, Vyartham kupyasi mayyasahishnuh” (The same God resides in you and me; why then be needlessly angry with me !!).
Mumbai Dated 14th February 1998 Justice B.N. Srikrishna epilogue:
 
Archived from Communalism Combat, March  1998, Year 5  No. 41, Cover Story