A new low for Bangladesh terrorists: Bombing themselves to death, along with their kids

April 1, 2017

What was their benefit from this atrocious act? What did the terrorists accomplish by killing their own children?

Security forces prepare to leave after wrapping up Operation Hit Back in Nasirpur, Moulvibazar on Thursday. Seven people, including four children, died in the anti-militancy operation, said CTTC chief Monirul Islam DHAKA TRIBUNE

Members of law enforcement agencies were shocked at the horrifying scene when they entered the Nasirpur den after they ended the 33-hour-long Operation Hit Back on Thursday.

The bodies of four children, all under 10 years of age, were strewn around in the militant den in Nasirpur village in Moulvibazar.

The bodies were so badly disintegrated that it was only after a crime scene unit went through the place, it was determined that there were two females, one male and four children there.

Police believe that the three adults in that bungalow, who were suspected members of the New Jama’atul Mujahideen Bangladesh (New JMB) terrorist group, blew themselves up along with the children in the face of a raid.

This brings up the number of children killed by New JMB to five – all of whom were children of one or more members of the group – and there is reason to fear that another four young lives may be lost soon.

DMP’s Counter Terrorism and Transnational Crime Unit chief Monirul Islam said: “There was a big explosion at the beginning of our operation. That was when they blew themselves up, including the children.”

WEB_Nasirpur-JMB-Den_Operation-Hitback_Edited_2_30.03.2017

An ambulance near the Nasirpur hideout on Thursday, March 30, 2017 DHAKA TRIBUNE

Locals of Nasirpur are unable to understand what compelled the terrorists do this.

Khalilpur Union Parishad Chairman Arbid Poddar said: “What was their benefit from this atrocious act? What did the terrorists accomplish by killing their own children?”

Mukaddesh Ali, imam of a local mosque, would only say: “What kind of Islam is this? How are they establishing Islam through such acts?”

There are now increased concerns about the other den in Moulvibazar, a duplex-residence in Borohat that is being raided. By account of locals, there were 10 people including four children inside the house.

Moulvibazar Municipality Ward 6 Councillor Jalal Ahmed, whose house is located near the Borohat hideout, said that the death of four children in Nasirpur had created anxiety among locals about the four in this den.

“People of Sylhet condemn such misdeeds. This is murder and nothing else,” he said.

On March 16, a child was found dead in the Premtola militant den in Sitakunda, Chittagong where four militants including a woman blew themselves up during a police operation.

Before that, a four-year-old girl named Sabina, suffered splinter injuries when a female New JMB member, that was her mother, came out of a militant hideout with her and blew herself up during police raid in Dhaka’s Ashkona on December 26 last year.

The explosion broke her left arm, and splinters pierced her belly and made some holes in the oesophagus. She underwent a surgery at Dhaka Medical College Hospital and was brought back from the edge of death.

Afif Qadri, whose father Tanvir Qadri, a New JMB leader, committed suicide during a raid on September 10 last year on a militant hideout in Azimpur, refused to surrender during the raid.

His twin brother Tahrim Qadri alias Russell, who was arrested two weeks later, confessed before the court that their parents- Tanvir Qadri and Abedatul Fatema Khadiza- were involved in militant activities and they got involved with the militancy by inheritance.

Mawlana Farid Uddin Masud, who is leading a campaign of Islamic scholars against militancy, said: “Children are beyond sides in any war, conflict and ideology in the eyes of Islam and Shariah.”

Masud, who is the imam of the Sholakia Eid congregation, told the Dhaka Tribune: “Our Prophet Hazrat Muhammad (SM) always instructed keeping children and woman away from any unrest or humiliation. Hadith says in many places that children would get Jannat (heaven) if they are killed in any situation. They have no sin.

“If anyone uses children as shields in such a heinous manner, they will be punished. This practice of militants is unacceptable. Militancy is not recognised by the holy religion,” he added.

Bangladesh Islamic Foundation’s Director General Shamim Mohammad Afzal said: “This is not Islam. Islam always respects and protects Muslims and other believers. Killing children is unacceptable in our religion.”

Psychologist Dr Mehtab Khanam said the militants who were arrested alive needed to be examined to find out what drives them to do this.

“We must carry out campaigns against such activities,” she suggested.

Courtesy: Dhaka Tribune

Life in jail for cow slaughter: New Bill passed as CM roots for ‘vegetarian’ Gujarat

April 1, 2017

Ranchi perforce goes vegetarian from today; VHP wants Maharashtra government to replicate new Gujarat law; Hindu organizations demand closure of all meat shops in Bengaluru

The Gujarat government on Friday amended the Animal Preservation Bill providing for stringent punishment for cow slaughter. Whereas the earlier law provided for punishment ranging from three to five years, the punishment now will be 10 years at the minimum to life term at the maximum. The offence has been made non-bailable.

Speaking in the Assembly during the debate, Chief Minister Vijay Rupani said that while he was “not against any food” he wanted to turn Gujarat into a fully shakahari (vegetarian) state. Gujarat, he added, was a “unique state” which followed Mahatma Gandhi’s tenets of “truth and non-violence”.

“This is not a bill but a feeling of crores of Indians. It is my humble attempt to give voice to the cows being killed by butchers. A single drop of cow blood falling on earth pains Hindus”, said Minister of State for Home Pradeepsinh Jadeja while introducing the Bill in the House.

Adding that he was “proud to be a Hindu”, Jadeja turned to the visitors’ gallery to pay his respects to the “Hindu saints” around 300 of whom were there to witness the passage of the Bill.

The House however was bereft of the Opposition since the Speaker had suspended the Congress MLAs for creating a ruckus.

The punishment for illegal transportation of cows, beef or beef products in the new Act has been increased from three years to seven years. The vehicles used for transportation will be confiscated by the government and the penalty for the offence has been increased from Rs. 50,000 earlier to from Rs 1 lakh-5 lakh now.

Meanwhile, the Times of India reports that with the Ranchi Municipal Corporation having refused to renew the license of all meat shops until new regulations are drafted, Jharkhand’s capital city Ranchi will turn vegetarian from Saturday.

The chief executive officer of the city corporation, Prashant Kumar told the Times of India that all existing licenses expired on March 31 and renewals have been put on hold. “We are framing new regulations, following which all meat shops and slaughter houses for new licenses.

A separate report in Times of India says hardline Hindu organizations in Bengaluru want 1,700 meat shops in the city to close down. They are taking their cue from the BJP-ruled states of Uttarakhand, Rajasthan, MP and Jharkhand who following in the footsteps of the Yogi Adityanath-led UP government have been targeting slaughter houses and meat shops in their respective states.

Meanwhile VHP and Bajrang Dal activists from Vidarbha have called on the Maharashtra government to replicate the new Gujarat law making cow slaughter punishable with a life term.

Australian Govt Fails to Pass Native Title Changes: Setback to Adani

April 1, 2017

Native Rights Activists pushed back on Brandis’s ill-conceived ‘Adani amendments’, and encouraged the Labor Opposition to hold a line on decency, said Adrian Burraguba today.

The $21bn Adani coal project has been the focus of strong opposition from environmental groups. Photograph: Paul Miller/AAP

More than 6,000 supporters contacted Bill Shorten’s office over the last two weeks in response to Labor’s apparent capitulation to pressure from the mining lobby and native title bureaucrats. It was an overwhelming and positive demonstration of concern and integrity by W&J supporters, and a demand to do what’s right, say the activists.

At the end of two weeks of sittings in which the Senate was expected to carry Brandis’ amendments, the Government failed to pass its Bill.
Local activists hav3 fought hard against this change to the native title law. They lobbied in Canberra, ran media, prepared legal analysis, made detailed submissions and appeared before the Senate Inquiry. They also met the UN Special Rapporteur on the rights of Indigenous Peoples.
The success of the campaign demonstrates just how much people in Australia care about Aboriginal rights and the protection of our lands and waters. And how much they don’t want Adani’s mine proposal.

This is a major setback for Adani, the Qld Government, and their backers in the mining lobby, who thought the amendments would help them circumvent the legal challenge that has been mounted to their sham land use deal.
The Adani Board is apparently set to make a decision within the next two weeks on whether to push on with the mine project. But it still faces court actions.

Right now, their purported ‘Indigenous land use agreement’ is worthless. It is clear this controversial Bill does not sit well with many Labor and crossbench MPs – and the incompetent rush with which Attorney General Brandis went about it added insult to injury.
Labor's resistance on some elements of the bill, has been welcomed which has prevented its passage through the Senate, though it doesn't diminish their unacceptable support for the key measures.

And Labor are still ready to back dangerous native title changes. If the changes they do support are passed in the next sitting of Parliament, it will strip away protections and hand mining companies like Adani the means to divide and conquer us and traditional owners around the country.

Hence, say activists, the need to continue to fight against the winding back and removal of our rights.
The Parliament must go back to the drawing board on Native Title reform and deliver a just outcome that protects the integrity of our decision-making and our right to self-determination.

Please follow up with Bill Shorten, Mark Dreyfus and Pat Dodson to encourage them to turn their resistance into a positive new move for native title reform and land justice. And Cc us of course, so we can share your concerns with the UN Special Rapporteur on the rights of Indigenous Peoples.

Activists have appealed for the campaign to continue.

The Government, Adani and the mining lobby are overconfident in their power to subordinate the rights of Indigenous peoples. What they don’t understand is how resolved Native activists are, and how much support in the community they have, to defend their rights.
Now that the Turnbull Government’s divisive Native Title amendment bill is languishing in the Senate, activists have sworn redouble efforts. They have vowed not to have tjeir rights violated by a land use deal that they do not agree to, which would open the way to the mass destruction of their country.

(Adria Burragubba & Murrawah Johnson for the Wangan & Jagalingou Traditional Owners Council)

In Most Indian States And UTs, You Can Be Arrested For ‘Looking Poor’

April 1, 2017

The act of begging is a crime in 20 states and two union territories of India, reflecting society’s embarrassment at manifest poverty and annoyance at perceived encroachment of public spaces.

A woman affected by leprosy begs for alms at a traffic junction in Mumbai

In most places, people can be arrested for “looking poor”, as our analysis of laws in 18 states and union territories (UTs) shows. Laws allow the police to round up beggars without warrant and judges to confine them in government-run institutions for long or indefinite periods–a violation of constitutional principles. The language of the law essentially allows the law enforcement agencies and the courts to internalise and legitimise a hostile attitude towards a section of society.

Usha Ramanathan, an expert on law and poverty, in her analysis of the anti-begging law in Delhi, observed that the law has “bold signatures of unconstitutionality”. This is true of other state laws on begging as well, and calls for a rethink and a recalibration of the government’s engagement with this community.

In October 2016, the Ministry of Social Justice and Empowerment held a consultation on a new model bill for destitute people which has been referred to state governments for comment. Model laws are usually drafted by central government ministries for state governments to adopt on a voluntary basis, with or without changes.

The Persons in Destitution (Protection, Care and Rehabilitation) Model Bill of 2016 aims to set up a rehabilitative framework for homeless people, people found begging, and destitute people with disabilities. It does not criminalise begging, other than for repeated and organised begging, and does not allow for detention of dependants. It focuses instead on providing resources for the destitute–in addition to imposing a duty on the state government concerned to set up well-equipped and -staffed rehabilitation centres to provide vocational training and counselling, the model bill envisages setting up of outreach and mobilisation units to identify destitute people, create awareness and mobilise communities.

However, the bill falls short of taking a progressive and humane approach towards begging, and needs to be reframed after an informed debate.

Who is a ‘Beggar’?

More than 400,000 destitute people across the country are classified as “beggars, vagrants, etc.” in government data (based on the 2011 census).

Source: Lok Sabha Unstarred Question No. 457, 01.12.2015; Press Information Bureau, ‘Empowerment of Beggar Population’, 26 April 2015

But this figure is contested, and the government admits there are no authentic data available. Activists say government statistics underreport the number of beggars. For instance, the 2011 census puts the number of beggars in Delhi at 2,187. However, previous estimations by government departments and civil society organisations put the figure between 60,000 and 100,000 between 2004 and 2010.

Further, information about the number of people booked and detained under anti-begging laws is not readily available. In five states, even the text of the laws that criminalise begging is not available in any publicly-accessible resource.

Most of the state laws (except of Assam and Tamil Nadu) consider the mere appearance of not having the means to sustain oneself or wandering about in a public place as begging. In other words, if you look poor, you can be arrested. There have been reports of police raids rounding up homeless working people or nomadic tribes as “beggars”.

The law in West Bengal uses language similar to early colonial laws, such as the term ‘vagrants’. Some laws date back to pre-Independence times (Tamil Nadu), some are as recent as 2004 (Sikkim), but the classification of begging as a criminal activity remains unchanged.

In Karnataka and Assam, an exception has been carved out for religious mendicants who seek alms to fulfill religious obligations or beg in temples and mosques. These laws effectively sanction begging in the name of religion. Yet, seeking alms by singing, dancing and performing tricks falls within the definition of begging, and is illegal.

In Tamil Nadu, however, the law exempts “street artists and performers in the oral tradition, bards, jugglers and street magicians” from the definition of a beggar.

Under most laws (with the exception of Karnataka, Jammu and Kashmir, Bihar and West Bengal), the court can also order the detention of people who are dependent on the person arrested for begging. So if a man is arrested for begging, his wife and children can be detained. In Himachal Pradesh, the law goes a step further by allowing the court to send people who knowingly live off the earnings of a beggar to jail. Under this law, anyone proved “to be living with or to be habitually in company of, a beggar” can be punished. The police can arrest and detain entire families under this provision.

The model bill retains a definition broadly similar to that of existing state laws, one in which “having no visible means of subsistence and wandering, (sic) about or remaining in any public place…” can constitute begging. Essentially, it continues to presume that anyone appearing to be poor could be a beggar, although it does shift the focus from punishment to rehabilitation.

“Let’s clear the street of beggars”

Local police or officers of the welfare department conduct periodic raids to clear the streets of beggars. Those rounded up routinely include members of the transgender community, for whom begging is a significant source of livelihood.

Many state laws treat begging as a cognisable and non-bailable offense, for which a summary inquiry can be held to ascertain guilt and award punishment.

Under the Indian Code of Criminal Procedure, crimes which require the immediate intervention of the police are classified as cognisable crimes; in fact, it is possible for the police to start an investigation and make an arrest even without a complaint from anyone and without prior permission from a court. Most state laws allow the police to arrest anyone they think is a beggar without a warrant.

The crime of begging is also non-bailable, i.e., the accused has to make an application in court to get out of jail while the inquiry goes on. The level of awareness regarding free legal representation is very low in India and activists have often found the quality of representation to be poor. A person accused of begging would typically have no means to hire legal representation, and would find getting bail very hard.

In its drive to “beautify” the city in the run up to the Commonwealth Games, the Delhi government decided to rid the city of beggars. It set up “mobile courts” where a magistrate would sit in a minibus and summarily try the beggars rounded up.

The question arises: if the “crime” of begging is so serious that it is classified as cognisable and non-bailable, how is a “summary” inquiry sufficient to establish guilt?

Though the model bill does not criminalise begging per se, it allows for people found begging repeatedly to be detained indefinitely in rehabilitation centres–with police assistance, if necessary–and claims this detention is in their own interest. Further, the bill envisages the issuance of identity cards which can potentially be used for surveillance purposes. These provisions could also allow and assist the police to conduct raids and ‘clean-up drives’, making the situation not very different from now.

Where do arrested beggars go?

Various state laws prescribe sending those declared beggars, and in some cases, their dependants, to government-run institutions called by different names–certified institution, workhouse, special home, beggar’s home or relief centre. In some states, a distinction is made between a workhouse (where those capable of physical labour are detained) and special homes (for those incapable of physical labour).

No comprehensive data are available on the status of these institutions, but isolated reports indicate deplorable conditions and even a significant number of deaths each year at some of these homes.

It is easy to see how these laws reflect the commonly perceived nexus between begging and criminality.

States which have adopted versions of the Bombay Prevention of Begging Act, 1959 (for example, Delhi) prescribe detention in a certified institution as normal punishment.

In several states such as Andhra Pradesh and Tamil Nadu, the court has the option to either send the person to jail or detain them in an institution. In West Bengal, the person can be released only once the manager of the home has found a job for them or if a relative provides personal guarantee, thereby making it possible to detain someone indefinitely.

Repeat offence invites harsher punishments. If a person is found begging a third time, they can be sent to a government institution for up to 10 years, of which two years can be in jail. In nine of the states analysed, judges can send an accused person to an institution for up to 10 years. While awarding the maximum punishment of 10 years, the judge has the power to send the person to eight years in an institution and two years in jail.

A similar model is followed in states such as Assam, Haryana and Uttar Pradesh although with shorter maximum duration of punishment (between three and five years). In a few states such as Karnataka and Jammu and Kashmir, the judge can only send a repeat offender to an institution. In one state, Himachal Pradesh, the repeat offender (who is not a woman or child) will only be sent to jail. Women and children can be sent to a beggar’s home instead.

Here again, the maximum prescribed punishment ranges from three to 10 years. The question arises: why is begging in one state a more serious crime than in another?

In some states such as Haryana and Punjab, the law prescribes compulsory manual labour at a certified institution (after a medical check-up). Compulsory labour is again indicative of the nature of detention being punitive rather than rehabilitative.

A number of state laws allow for the courts to send a person to jail for up to three months for refusing to give their fingerprints when in a certified institution. In some states such as Gujarat, the remainder of the term in a certified institution can be converted into jail time if the person refuses to follow rules.

Existence of State Laws And Maximum Punishment For Begging By Repeat Offenders

State	Law on Begging	Availability in Public Domain	Maximum Punishment (for Repeat Offenders)
Andhra Pradesh	Yes	Yes	3 years in workhouse OR 5 years in jail
Assam	Yes	Yes	3 years in institution (of which one year can be in jail)
Bihar	Yes	Yes	10 years in institution (of which two years could be in jail)
Chhattisgarh	Yes	No	NA
Delhi	Yes	Yes	10 years in institution (of which two years could be in jail)
Goa	Yes	Yes	10 years in institution (of which two years could be in jail)
Gujarat	Yes	Yes	10 years in institution (of which two years could be in jail)
Haryana	Yes	Yes	5 years in institution (of which one year could be in jail)
Himachal Pradesh	Yes	Yes	Imprisonment of not less than 3 months
Jammu and Kashmir	Yes	Yes	Beggar’s home for not less than 7 years
Jharkhand	Yes	No	NA
Karnataka	Yes	Yes	3 years in relief centre
Kerala	Yes	No	NA
Madhya Pradesh	Yes	No	NA
Maharashtra	Yes	Yes	10 years in institution (of which two years could be in jail)
Punjab	Yes	Yes	10 years in institution (of which two years could be in jail)
Sikkim	Yes	Yes	10 years in institution (of which two years could be in jail)
Tamil Nadu	Yes	Yes	10 years in work house or special home (of which two years could be in jail)
Telengana	Yes	Yes	3 years in workhouse OR 5 years in jail
Uttarakhand	Yes	No	NA
Uttar Pradesh	Yes	Yes	5 years in institution (of which two years could be in jail)
West Bengal	Yes	Yes	Indefinite detention in a home (till employment is obtained)
Daman and Diu	Yes	Yes	10 years in institution (of which two years could be in jail)

Source: State laws compiled and analysed by Nyaaya here.

What about children?

State laws on begging differ fundamentally in their approach towards the treatment of children found begging. Under the Juvenile Justice (Care and Protection of Children) Act, 2015, children found begging are treated as victims in need of care and protection to be dealt with by child welfare committees. Some of the state laws, on the other hand, treat them as criminals who can be sent to an institution.

There are also inconsistencies in who qualifies to be a child–the maximum age ranges from 14 to 18 among various state laws. A 2010 Delhi district court judgment recognised the inconsistencies in the legal regime involving child beggars in Delhi–the law on begging treats children above 5 years of age found begging liable for punishment as adults, while the juvenile justice law requires these children to be sent to a child welfare committee.

Persons with disability

A substantial percentage of people who are found begging are persons with disability, infirm or affected by illnesses such as leprosy.

A provision found in most of these laws allows for indefinite detention in a certified institution of a person who is “blind, crippled or incurably helpless”. The law does not define ”incurable helplessness” and therefore such indefinite detention can be applied arbitrarily.

The very idea of legally sanctioned indefinite detention is antithetical to the spirit of the Constitution. The language used in a similar provision in Karnataka is interesting–people who are “infirm, disabled, decrepit or suffering from any loathsome or incurable disease” have to be immediately sent to their relatives when arrested. The state comes into the picture only if there is no relative to whom the responsibility can be entrusted.

Similarly, under these laws, people with mental illness and leprosy are usually clubbed together and are required to be sent to a mental hospital or leper asylum. It is unclear how people with the highly stigmatised disease of leprosy are actually treated given that the law under which leper asylums existed (the Lepers Act, 1898) has been repealed.

The shift from a punitive to rehabilitative approach

By treating beggars simultaneously as criminals and as those in need of help, different state governments have failed in their duty to reintegrate them into society, with the result that they usually end up begging again. Doing so incriminates them again, and the punishment for repeat offences is higher–extending to detention for an indefinite period of time.

India’s policy-makers must develop a consistent and humane approach towards begging, which focuses not on penalising but on rehabilitating them.

The model bill marks a shift towards a more rehabilitative approach, but continues to perceive ostensible poverty as indicative of begging, and allows indefinite detention and the involvement of police in certain circumstances.

As state governments deliberate on whether and to what extent to adopt the model bill, they must enable an informed public debate.

(Nyaaya.in, is a free, online source for India’s laws and has recently made criminal laws of Indian states available here.)

Courtesy: India Spend

EVMs Poll in “Favour” of BJP in MP Bypoll, Election Officer Warns Journos Not to Report Scam

April 1, 2017

This video has gone Viral and that's not a surprise. In the post-truth era where the media is being lured away from dispassionate investigations, it is no wonder that it is on Facebook that this EVM Scam has been unearthed. And its a development that could give credence to allegations of election fraud.

Update: The Election Commission has sought a detailed report from the district poll authorities in Bhind, Madhya Pradesh on media reports that VVPAT was only dispensing slips of BJP symbol during a demonstration exercise, PTI reports. An Assembly bypoll is due in Bhind next week and the demonstration was part of the familiarisation exercise.

“We have sought a detailed report from district election officer and would come up with a response in the evening,” a Commission spokesperson said. The voters see Voter-verifiable paper audit trail (VVPAT) slip for seven seconds, which would be an acknowledgement receipt for the party they voted for in the election.

This Video has gone Viral and that's not a surprise. In the post-truth era where the media is being lured away from dispassionate investigations, it is no wonder that it is on Facebook that this EVM Scam has been unearthed. And its a development that could give credence to allegations of election fraud.

An EVM machine with VVPAT attached, to be used for the forthcoming April 9 bypoll in Madhya Pradesh’s Ater has been found to be designed to only vote in favour of the BJP candidate. Could dozens or thousands or lakhs of such EVMs then be programmed to achieve such results? In Maharashtra, UP, Gujarat, the North East?

What is worse is the apparent subversion by the office of the election commission. The video of Madhya Pradesh’s Chief Electoral Officer, Salina Singh, carrying out inspection of EVM machine in the constituency has now gone viral.

In the video (above), Singh is seen surrounded by several election officials who try to test the accuracy of the machine by pressing the number four button of a VVPAT machine.

However to everyone’s utter shock, the paper receipt showed the vote had in fact gone in favour of the BJP, whose election symbol, lotus, was against the first button and not the number four button.

When questioned, Singh asked the reporters not to report the incident adding that the act could land them in jail.

Will there be an Investigation? Will the officer be questioned, even prosecuted? Is there Justice for All?

Targeted Violence Preparing Ground for Assembly Elections,Gujarat: Factfinding Report

April 1, 2017

Over the past few days, since violence broke out in the Patan district of Gujarat, Sabrangindia has been bringing its readers reports. Yesterday we carried a detailed story of the allegedly brute targeting of the district's Muslims and allegations of police complicity.

Today we bring to our readers this Factfinding report by a group of citizens.

Fact finding report

Vadavali village is situated in Patan district of North Guajrat. Out of the 4 MLA seats from this district 3 seats belong to BJP and 1 to Congress. Vadavali village comprises of nearly 350 Muslim, 700 Patel, 60 Darbar, 150 Thakore, 150 Dalit, 50 Rawal, 50 Prajapati, 30 Rabari, 40 Devi pujak families. This village is part of the Gujarat Government Samras Gram Panchayat Model. The Samras Model was welcomed by this village and especially by Ibrahimbhai Lal Belim who was shot at in the recent rioting incident. In the 2002 Gujarat genocide this village was not affected, in fact the villagers did not participate in the genocide and had also rescued some injured people during the 2002 riots and hence became a bright example of communal harmony.

The village school in Vadavali was one of the centre’s for the Class 10 board exams and children from neighbouring villages were also taking their exams in this centre. On 25/3/2017 post the exams, a scuffle between a Muslim boy from Takodi village and a Thakore boy from Sunsar village broke out. The Muslim residents of the village Vadavali intervened in the scuffle and asked both the children to go back to their respective homes. A while later 15-20 people from Sunsar village arrived at Vadavli village and started thrashing the Muslim boy from Takodi village, the elders from the village intervened and tried to resolve the issue amicably.
he Panchayat elections of Vadavali village are due, in order to declare the village as part of the Samras Model, a gram sabha was organised where all the leaders of various communities came together at the Shiv Temple, and with unanimous consensus Rashidaben Sultanbhai Kuresh was declared the Sarpanc(Village head). Just as the gramsabha was ongoing, huge mobs of nearly 7-5 thousand people who belonged to the Thakore community from Dharipur, Rampur, Merwada approached Vadavali village. The mob attacked the villagers, nearly 142 house of the Muslim community were damaged, 100 houses were burned down, 42 houses were damaged and looted. Ibrahim Lal Khan Belim was killed during the violence and nearly 15-20 people were injured. 2 FIRs were registered in this incident; one of the FIR was filed against the Muslim community and the other against the Thakore community. 14 persons from the Muslim community and 31 persons from the Thakore community were implicated in the FIRs that were filed. Indian Penal Code sections such as Section 120 B which is a section attributed to criminal conspiracy has been included in the FIR. 13 people have been arrested and FIR against the Muslim community was falsely filed as a strategy to create pressure and fear among the community. The FIR is an integral part to prove the communal violence against the Muslim community of Vadavali village.

Conversations with the Locals:

It was decided that Vadavali village will be part of the Samras Model and for 2.5 years there would be a Patel Sarpanch and for 2.5 years there would be a Muslim Sarpanch. Rashidaben Sultanmiyaan was elected immediately after which the incident of violence broke out. Rashidaben’s husband Sultanmiyan was the target in the violence and it was he who was injured. Ibrahimbhai, who welcomed this decision of samras and he also felicitated everyone with garlands was also targeted.
The mob seemed to have planned the attack, they arrived with barrels of petrol, private guns and other weapons etc. The mob started damaging and looting the gold and silver ornaments and burning vehicles of the Muslim houses, the young Muslim men who tried to resist were attacked with swords and gun firing and were grievously injured.
The scuffle between the students was resolved, but one person there threatened saying “within an hour all of you will be finished” this person is a member of Shiv Sena. One of the teachers name Mr Jhala played a pivotal role in instigating this whole incident, he also directed the rioting mob.
2 SRP Jawans were also part of the rioting mob, these two Jawans were from the Thakore community and they were firing with a private gun, a bullet from this firing hit Rashidaben’s husband on his thighs, he is currently undergoing treatment at a private hospital in Patan.
The mobs came from villages close to Vadavali, from a distance of not more than 10 Km. Within an hour a mob of 5-7 thousand people emerged loaded with petrol barrels, guns and other dangerous weapons. People said that the police did not do anything and the mobs went unruly and looted and burnt our houses and vehicles.
The Haji Peer’s fair was also on the same day as the incident took place, there were several people from the Muslim community who were going on foot to the Haji Peer Dargah, there could have been even a bigger causality. The mobs were aware that there would not be too many people in the village and hence it would be easy to attack.
One of the injured persons said that the police was clearly biased, when the mobs were burning the houses and vehicles, beating up residents the police stood there watching, especially Jamadar Gambhirsingh. Jamadar Gambhirsingh thought that I was dead and said “this one is dead, go and kill as many as you can in the village. When the mob finished looting and burning it was then that the police used tear gas. Had the police stopped the mob, there would have not been such a huge loss and Ibrahimbhai would not have died.
Vinay Singh who is a member of the BJP and also a lawyer, he has played a very crucial role in the entire incident. He was leading the mob and he directed the mob in various directions to loot, kill and burn.
Ibrahimbhai who died in the violence, his body reached Vadavali village from Chanasma Government hospital on 26/3/17. The people in the village decided that the last rites of Ibrahimbhai will not be conducted, his body will not be buried until the accused were arrested. The police was quite rattled by this and hence the village elders agreed to perform the last rites after the range IG gave an assurance that the accused would be arrested. The entire village including people from various communities participated in the burial of Ibrahimbhai.
Khorsan is a village close to Vadavali, the Thakor’s of Sunsar had threatened the Muslims of Khorsan that if they helped any Muslim from Vadavali their village too will meet with the same fate as Vadavali. It is interesting to note that for the past 4-5 years the Muslims of Khorsan village have themselves been excommunicated. They are not allowed to associate with any of the people of the Hindu community, this was decided by the Hindu community of the village. Just after a member of the Muslim community filed his nomination for the Panchayat election, the community had started interacting with the rest of the village normally only since the last 15 days. The deputy Sarpanch was Muslim person who was unanimously elected.
The miscreants have also recorded the whole incident on video and have also posted it on social media to display their gallantry in sparking communal violence.

Observation:
Across Gujarat communally coloured incidents are becoming rampant and also in a very organised manner. This is also dividing the both the communities on the lines of hatred, the communal powers are also moving ahead in an organised manner, the incident at Vadavali is one such example.
The Vidhansabha elections in Gujarat are due, BJP is strategically using violence through its various wings, to create a communal tension in the atmosphere.

Factfinding Team:
Advocate Samshad Khan Pathan, Jan Sangharsh Manch
Advocate Govind Parmar, Human Rights Law Network
Hozefa Ujjain, Jan Vikas, Gujarat
Kherunisa Pathan, Parvaz Organization, Gujarat
Dashrat Bhai Thakor, Action Aid
Usman Bhai Sheikh, Aman Biradri
Asim Shaikh, Jan Sangharsh Manch
Makrani Mir Khan, Aantarik Vistapit Committee
and other social workers

Right to Earn a Living by Meat Trade Threatened by Tardiness of Local Authorities

March 31, 2017

“After all, butchers are practicing a trade and it is their fundamental right under Article 19(1)(g) of the Constitution, which is guaranteed to all Citizens of India. Moreover, it is not a matter of the proprietor of the butchery shop alone. There may also be several workmen therein who may become unemployed if the Slaughter Houses are closed……. One of the conditions of the license given to the shop owners is to supply meat regularly in the City……. Closer of these meat shops would not therefore be proper. Also, a large number of people are non-vegetarian and they cannot be compelled to become vegetarian. What one eats is one’s personal affair and it is a part of his right to privacy, which is recorded in Article 21 of out Constitution.”

Supreme Court in the matter of Mirzapur Moti Quresh Jamat (2008 AIR SCW 2117)

Image: IBNlive.com

The deliberate and obdurateness of the Lucknow Municipal Corporation and other local authorities is today endangering the livelihoods of approximately 400 meat/slaughter shops and their employees, despite the fact that owners of these establishments have been with regularity applying not just for renewal of their licenses but supporting the need for a Mechanised Slaughterhouse.

The matter has become acute especially given the arbitrary actions of the newly elected BJP government that, with no concern for rules or due process has authorized policemen to go around intimidating and bullying meat shop owners and traders. Over 90 per cent of these belong to the Muslim Quraish community. No notices have been served on any of the meat traders or slaughter houses against whom such violent and arbitrary actions have been unleashed.

On March 28, Sabrangindia had reported on the writ petition on the issue filed by advocate Girish Chandra on which the Lucknow Bench of the High Court had asked serious questions to the administration. Sabrangindia has a copy of this petition that may be read here. During the hearing of the matter of March 27, the HC directed the District Administration Ordered to Explain Non-Renewal of Licenses. Moreover the state government was asked to produce chied minister Adityanath’s directive before the Court. Sabrangindia has reliably learned that no such directive has been passed. The Court had expressed extreme displeasure over the arbitrary manner in which the administration has been acting on the UP government's directive for shutting down "illegal" slaughterhouses. The Lucknow municipal corporation has been asked to explain why it us not renewing licenses.

April 3 has been fixed as the next date of hearing.

According to the Chandra, "poor meat traders are being made to pay a heavy price because of the mal-administrarion of the government and the city corporation." He added, "despite the Environment Ministry's notification that all slaughterhouses must be licensed, the civic bodies failed to issue licenses to over 300 slaughterhouses in UP. Nor did they renew licenses." In 2015 itself, Chandra had filed a petition on behalf of 412 meat traders, demanding renewal of their licenses but no action has been taken till date.

The petition makes a strong case for the right of a citizen to conduct business as guaranteed by and protected by the Constitution of India. For over 250 years into the meat trade and business, the 200 families of the Qureshi community feed 15 lakhs of the non-vegetarian population of Lucknow. As law abiding citizens they have not only followed the law, but applied for regular renewals in according to procedures. Since 1959 they have applied and renewed licenses annually paying the fees and have had valid licenses good, valid and effective till March 31, 2015. Despite several applications for renewal since on different dates in the office of Municipal Commissioner in-between the last week of February as well as first week of March, 2015, these were not renewed despite payment of the Rs 1,000 fee. The petitioners have also supported the need for a Mechanised and Modernised Slaughterhouse in which their livelihood is protected and of which they are a part.

Despite this move to shift to a 5 hectares of land, it was the Lucknow Municipal Corporation that was not sincere and consistent in its efforts to pursue the effort. The total budget for the scheme of Rs 52 crores but this was not allocated by the government and thereafter promised in a private-p[ublic partnership model. In 2013 the corporation gave up the idea. The delay and slackness in modernizing this business (in accordance with the National Green Tribunal aqnd Courts) lies squarely with the Lucknow Municipal Corporation.. Finally the petitioners argue that they cannot be held responsible for any delay in modernizing the slaughter house and the business of the petitioners cannot be stopped on behest that the modernization of the slaughter house of the Municipal Corporation is delayed the process.There are ten petitioners in the case who include Shahbudden, Rehnuma, Sahedin, Hasan Ahmed.

In the petition, the meat traders and businessmen have alleged that over the past six years, it is the lethargy and tardiness of the Lucknow Municipal Corporaton that has dragged its feet in renewing the licenses. Given this background, the traders cannot be held responsible for the laxity of the authorities in upgrading and modernizing the Slaughter House.

The petition makes out strong grounds to show how the meat traders and businessmen cannot be held responsible for the delay being caused by the Municipal Corporation in upgrading and modernizing the Slaughter House. They had not opposed, in fact supported the scheme for Modernisation and Mechanisation, wanting to be part and parcel of the effort.

Historical Background

The petition traces the history of the city and the crucial livelihood question. Since 1700 AD when the city of Lucknow was established under the Nawabs of Audh, slowly separate Mohallas were set up for the the different professions: Yahiyaganj for the persons dealing with Utensils, Jauhari Tola for the men dealing with gem & ornaments, Kahar Tola dealing with potteries, Katai Tola for the carpenters, Phool Wali Gali for the persons dealing with flowers, Pan Dariba dealing with tobacco and allied business. Chidia Bazar was established for the market and residence of the persons, who were doing business of birds and other species. Those persons, who opted to indulge in the business to sell fish, flash/meat, eggs etc. were settled in Mohalla Billauchhpura, where atleast 200 persons were dealing with this business and all of them belong to Qureshi community. About 100 shops sell flash of goats, hen as well as buffaloes in Mohalla Billauchhpura. Now with the expansion of the limits of the town, atleast 400 more shops have been established in different parts Lucknow.

After the Nawans were dethroned in 1857, under the British Government and thereafter under the Local Self-Government, an arrangement was made for slaughtering of animals in the outskirts of Lucknow in an area called Moti Jheel, which was an abandoned and far away place from the abadi at that time. After quite some time, a building of slaughter house was also constructed in that area, which was managed by the then Local Self-Government. In 1959, after the incorporation of the Municipal Corporation Act, under section 426 of the said Act, the sale of meat was regulated by way of issuing appropriate licenses:

“The place where, chicken/hen, goat, buffaloes and pigs are slaughtered and sold will be called a meat shop and where these animals are slaughtered will be called ‘Slaughter House’. Separate licenses will be needed to open and operate a meat shop and the Slaughter House. As per Section 426 of the Act, no person shall without license from Nagar Ayukt, sell or expose any animal or any article in the market and any person contravening this Section may be summarily removed by any Mahapalika Officer or Servant.”

Hence, it was since 1959, that the Nagar Nigham started issuing license, which were valid for one fiscal year and thereafter they were renewed after receiving the renewal charges. To collectively deal with the administration, the butchers from the Qureishi community established a foundation in the name of Quresh Welfare Foundation.

Muslim Villagers Flee Vadavali, Patan as Allegations of Targeting & Police Complicity Turn Gujarat’s Clock Back

March 31, 2017

Muslims have fled the Gujarat village of Vadavali in a chilling recollection of pre-2002 and 2002 bouts of targeted violence after a minor altercation between a Muslim and Hindu boy at school in Patan leads to a mob killing two and destroying dozens of homes. One more Survivor succumbed to his injuries

Image: Gujarat Today

Police have rounded up only Muslims, a local resident, Yusuf Parmar alleges. Parmar had contacted the DCP Amreli updating him of attempts to disturb the harmony of Savar Kundla and other villages on the night of March 25-26. Meanwhile the mass arson of homes in Vadavali sees smoke still billowing. On the night of March 30, local reports indicate that one Muslim youth has been arrested by the police on allegedly false charges of teasing a non-Muslim girl .Three other Muslim youth have been also arrested on charges of rioting. While the police claim 14 arrests on rioting and attempt to murder, some residents also allege that a VHP leader who allegedly accompanied the Darbars during the attack on Muslim homes has not been named in the FIR.

“The injured are all residents of Vagjipara, an extension of Vadavali village which has about 1200 Muslim households,” says Vankar, who is a Dalit resident of the village and has been arranging food for Muslim villagers left homeless.

Image: Gujarat Today

The charred remains are stark reminders of the violence as smoke still billows out from the remains of the homes and barns. Four days after it was razed in a mob attack that left two dead, the village in Gujarat’s Patan district stands deserted. The only people in sight are the police. Muslim villagers have fled from the Chanasma tehsil. The mob attack was triggered by a fight between two students – one from the Thakor (Darbar community) and the other a Muslim – on March 25.

According to the villagers, it was early in the day on March 26, 10-15 Darbars from Sunsar village came to Vadavali and left after abusing and threatening them. In the afternoon, a mob estimated at about 5000 people attacked the residents of Vadavali. Most women and children had taken shelter in a mosque in the village by then. Some of the men, including Qureshi, decided that they would leave the village only after all the others had left, an eye witness said.

On the following day, a group of people belonging to the Darbar community, mostly from the neighbouring village of Sunsar and two other villages, attacked the Muslims residents of Vadavali. About 80-100 dwellings were ransacked and burnt, food grain was set afire and three shops gutted along with 10-12 vehicles. The dead included a 50-year-old villager, Ibrahimbhai Lalbhai Belim, and a youth who was grievously injured and later succumbed to injuries. About 25 people were injured; five of them are in a critical condition. Pictures shared by the Gujarat Today newspaper, are gruesome.

“The mayhem and madness continued for about an hour and half. If the police hadn’t arrived, more would have been killed,” an elderly Yasqulbhai, a 72-year-old villager, now homeless with his family told Gujarat Today and Sabrangindia. “We tried to intervene and not let the violence escalate, but they did not even listen to the village elders.”

There are, as usual tales of bias and police complicity. “The local (Chanasma police station) police did not help us much. They didn’t even pick up the injured. My father got badly injured and fell down and was left lying there for a long time. I had to run, they attacked me too,” said the son of Belim, the man who died. He himself has a fractured leg and sword injuries on his forehead and right hand and is hospitalised.

“They did not just attack. They also looted every house, burning them down. Many households had jewellery for upcoming marriages next month. And they looted our cattle and grain,” said a woman of the village.

“I was cooking lunch, I had to run for my life as they attacked,” she added.

On March 25, board examinations had been scheduled. “After the exams, students of Class X were coming out of the examination centre when one Darbar boy bumped into a Muslim boy. The Darbar kid happened to fall off a staircase. This is all that had happened on Saturday,” recounted Narendrabhai Vankar, a teacher in a local school in Chanasma.

There are several complaints and counter-complaints have been filed by the people. A complaint by a man identified as Maharsinh Zala alleged that a Muslim boy from Vadavali pushed a girl from Sunsar village, leading to a fight. In another complaint, a Vadavali resident, Rehmanbhai Mallick, blamed the Thakors or Darbars for the violence. In his complaint, Mallick stated that agricultural produce worth several lakhs of rupees was either looted or destroyed during the attack.

Several FIRs have been filed under the Chanasma police station by villagers of Sunsar and Vadavali against more than 40 people. The FIRs have been filed under IPC Sections 302 (murder), 147, 148,149 (rioting armed with deadly weapons and unlawful assembly of a group of people), 395 and 397 (robbery), 435 and 436 (mischief by fire).

“Fourteen people have been arrested so far. They have been booked under several Sections except Section 302. Thirty-one people have been booked under Section 302 as well as other Sections,” CP Sadiya, police inspector of Chanasma police station, stated. “Those arrested so far are mostly from Sunsar and Dharpur villages,” he added.

This is not the first time that communal violence has broken out in Patan district. On November 25, 2014, a clash over Rs 10 led to violence between Muslims and members of the Koli Patel community. Following the clashes, security has been beefed up in and around Vadavali. In 2002, too this district had violence against the minorities when sitting MLA S Chordhury had allegedly fired killing two persons from the minority community.

“A combing operation is being carried out in Vadavali, Sunsar and Dharpur and about 150 personnel from Patan district headquarters and Banaskatha district have been sent to Vadavali to maintain peace. The situation is peaceful as of now and we are trying to identify the accused,” AG Chauhan, Superintendent of Police (SP), Patan, said in a statement to the local media.

Police from Mehsana and Patan were the first to reach the spot. More forces were sent when the situation worsened. Ten fire engines were sent from Mehsana, Gandhinagar and Ahmedabad to Vadavali to control the arson.Gujarat Director General of Police (DGP) PP Pandey has ordered an officer of inspector general rank from Gandhinagar to be present on the spot. Two companies of the State Reserve Police have also been stationed.

Image Courtesy: Gujarat Today

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Muslim Villagers Flee Vadavali, Patan as Allegations of Targeting & Police Complicity Turn Gujarat’s Clock Back

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