Home Blog Page 2657

Pre-natal history of Article 16

0

What is the pre-natal history of Article 16(4) of the Indian Constitution?
 

Clause (5) of the Fundamental Rights Sub-Committee Report providing for ‘’equality of opportunity in matters of public employment’’ came up for consideration before the Advisory Committee under the chairmanship of no less a person than Sardar Vallabhbhai Patel between 17 and 19 April, 1947. There was a rigorous discussion on whether the classification of social and economically backward classes per se included minorities. There was unanimity among all that it did as far as Article 16(4) is concerned and disagreement only whether specification of ‘minorities’ was required.
 

When it came up for discussion, Clause (5) as recommended by the Fundamental Rights Sub-Committee was the most important clause, and it was given due consideration by the Committee. That Committee consisted of stalwarts like C. Rajagopalachari, KM Panikkar, Shyama Prasad Mookerji, Frank Anthony KM Munshi and many such legal luminaries.
 

Shri C. Rajagopalachari suggested making the provision explicitly for the minorities instead of ‘classes’ as it is provided now. Shri Rajagopalachari told the Committee on a specific clarification about it as to whether it was the classes or minorities who were being given protection. Shri KM Panikkar, who was responsible for the initial changed words explained that besides recognising religious minorities there might be many classes amongst the Hindus not adequately represented. According to him, they had also to be given reservation.
 

In this connection Shri Shyama Prasad Mukherjee suggested the phrasing ‘minorities and other classes’ instead of simple ‘classes’. That was the suggestion made by Shri Shyama Prasad Mukherjee. Again, Sardar Ujjal Singh, who was a member of that Committee suggested ‘minorities and backward classes’ without any reference to adequate representation. Shri Frank Anthony said that it should be ‘classes and minorities’. This was the discussion that took place in that meeting. Sardar Vallabhbhai Patel observed that ‘classes’ included ‘minorities’. So, according to the drafters of the Indian Constitution, looking at the discussions by this Committee, under Article 16(4) of the Constitution wherever ‘classes’ has been mentioned, it includes ‘minorities’.
 

"The Advisory Committee was chaired by Sardar Vallabhbhai Patel when the matter was taken up for discussion. The Advisory Committee met for the second day in the council’s chamber of the Council House in New Delhi at 10 a.m. on April 22, 1947. Sardar Vallabhbhai Patel was in the chair. When the discussion was initiated, there were a number of observations made by the hon. members of the Committee like Sardar Vallabhbhai Patel, Shri Rajagopalachari and others.
 

"Frank Anthony: I would like to suggest that the clause should be amended ‘nothing herein contained shall prevent the State from making provision for reservation in favour of minorities or classes.
 

Ujjal Singh: It should be ‘classes’ over ‘minorities’.
 

Frank Anthony: What is the objection to ‘classes and minorities’? ‘Classes’ will refer to the Scheduled Castes.
 

C. Rajagopalachari: It is sufficiently described here – ‘those who are inadequately represented’.

Frank Anthony: Why should we fight shy of using a word which has the sanction of law and usage? We can make it more specific.

C. Rajagopalachari: Just as we do not say, ‘citizens and persons’, if one word is wider, we omit the smaller word.
 

Frank Anthony: We can put it as ‘classes including minorities.
 

Chairman (Sardar Vallabhbhai Patel): ‘Minority’ is included in ‘classes’.
 

Frank Anthony: This is my amendment. I move in favour of ‘classes and minorities’.
 

Ujjal Singh: ‘Minorities and backward classes’.
 

Chairman: This is simple English. ‘Class’ includes ‘minorities’. This is absolutely unnecessary. It is as clear as daylight."
 

"The Committee has come to the unanimous conclusion and we also feel classes include minorities. There is no need to suspect. The whole basis of the provision is minorities. You say the State will exclude minorities?"
 

This is what Sardar Vallabhbhai Patel asked the Committee when Article 16(4) was under discussion of the Advisory Committee. Sardar Vallabhbhai Patel had taken the stand that the classes would include minorities. He said that there was no need to suspect and that the whole basis of the provision is minorities. Again I would like to quote:
 

"Frank Anthony: We are not suspecting the present leaders. We do not know who the future leaders would be.
 

Chairman: No leader would be so stupid as to interpret that classes do not include minorities.
 

Frank Anthony: We are not suspecting the present leaders. We do not know who the future leaders would be.
 

Chairman: No leader would be so stupid as to interpret that classes do not include minorities.
 

Frank Anthony: We have used the words elsewhere.
 

Chairman: Anybody will say that ‘’classes’’ is a wider term. It is better to use a wider word.
 

C. Rajagopalachari: I would appeal to him that according to the ordinary interpretation if you introduce the word minority, the question whether a class is a minority will become justiciable. Classes will be interpreted in the sense of minority. The use of the general term ‘classes’ is followed by the phrase ‘not adequately represented’ and the opinion of the State finally determines it. I think, this is the best way of solving it.
 

KM Munshi: In Section 153 A, the term ‘class of His Majesty’s subjects’ has been used. ‘Classes’ have been interpreted as minorities or religious communities also. Nobody has ever interpreted it as not meaning minorities."
 

(From the Constituent Assembly Debates The Framing of India’s Constitution by Dr. B. Shiva Rao).

Archived from Communalism Combat, July 2004. Year 10, No. 99, Special Report 7
 

A police officer to be proud of

0

Ajay Kumar Srivastava, Police Inspector, Ahmedabad

The exemplary conduct of police inspector Ajay Kumar Srivastava demonstrates what a lone individual who decides to follow his conscience and do his duty can achieve and the difference that such an individual can make to society. By his selfless commitment to the ordinary citizen, irrespective of caste and community, Srivastava helped redeem every peace-loving Gujarati’s faith in the policeman’s uniform.

PSI Srivastava has always been on very good terms with the Muslims in his jurisdiction and enjoyed their trust and respect. Full of pithy stories and cultural tidbits, Srivastava has an enviable lineage — his maternal grandfather was none other than the famed Urdu poet, ‘Firak’ Gorakhpuri (Raghupati Sahay).

In February-March 2002, Srivastava was posted in the Detection Staff at Shahpur in Ahmedabad. Calls for help started pouring in as soon as trouble started in Ahmedabad early in the morning on February 28. Shahpur with its mixed population is a communally sensitive area. PSI Srivastava tried to answer as many calls and rescue as many people as possible.

At around 3 p.m. that afternoon, he received a call from a local, Nasirbhai, who told him that about 32 Muslim women were stranded in a house in Khanpur. When he reached there, he saw that a menacing mob had surrounded the area, hurling stones and burning objects at the trapped women to prevent them from escaping. The first and second floors of the building had been set on fire and some gas cylinders had also been exploded there. The women were trapped on the third floor. Apart from the physical danger they were in, the traumatic incidents had shattered the trapped women’s faith in the police force. The failure of other men in uniform to assure them security led them to suspect Srivastava’s credentials. Srivastava was firm, quick and fearless with the mob whom he first controlled virtually single-handed. Still, it took him 40 minutes to convince the trapped women to trust an officer. He then risked life and limb by jumping into the raging fire and fortunately managed to save them.

In another incident, PSI Srivastava managed to rescue several families, some of them Hindu, who were stranded and whose houses had been set on fire. On the night of March 1, PSI Srivastava got a call from Mai Fateh Shah near Shahpur. The Muslim locality there had been completely surrounded by a murderous Hindu mob about 15,000-20,000 strong. About 400-500 people were stranded inside. The locality had an iron gate that was kept closed by the Muslims and had also been electrified to keep the mob away.

There was stone-throwing on both sides. Armed with petrol and diesel bombs, the Hindu mob was ready to attack and it was feared that if the Muslims were not rescued, a major loss of life would occur. In this confusion the policemen had to shout to communicate with the Muslims who were asked to let them in. Wary of the police, the Muslims were reluctant to open the gate.

Finally, PSI Srivastava went in alone. When he entered, a few Muslims rushed towards him with shouts of "Kill him!" PSI Srivastava admits that for a moment he was terrified and thought that he would indeed be killed. However, he took strength from his faith his God and in his mission to help these people. He explained that he had come to help them, not to kill. He pacified them, and convinced them to trust him so that he and his colleagues could effect a rescue. Once the Muslims were convinced that he was was sincere in his desire to help, PSI Srivastava was able to win their confidence. While his colleagues controlled the mob outside, he escorted the traumatised and stranded Muslims to safety.

In yet another incident, near Halim ki Khidaki, 100-150 Muslim families were stranded in a colony off the main road. A road about 10 metres long links the colony to the main road; the colony is also vulnerable from behind. That day, a crowd of about 5,000 people attacked the chali from the main road and another mob, 2,000 strong, attacked it from behind. PSI Srivastava rushed to the spot with another vehicle. The police fired tear gas shells to keep the mob at bay. However, the mob would disperse from one side only to re-group and attack again from the other side. This went on the whole day as PSI Srivastava, with the help of his colleagues and two police vehicles, managed to prevent the mob from traversing the 10m stretch from the main road to the colony. The stranded families were finally rescued that evening and arrangements were made to take them to the SRP camp.

During the initial 4-5 days of intense violence, PSI Srivastava went without sleep or rest. He couldn’t go home or see his family. Although his wife was worried about his safety and his children missed him at meals, they understood that what he was doing was very important and were happy that he was doing a good job. Later, he fractured his leg while trying to rescue a stranded police constable and he was forced to take rest.

PSI Srivastava maintains that there was no pressure on him to act in a partisan manner and that he got full co-operation from his seniors. He feels that some policemen must have feared that there would be repercussions if they did not co-operate with the mobs and acted accordingly; and this attitude has given the Gujarat police force a bad name. He also believes that the police were clearly outnumbered and under-staffed for disturbances of this scale and were unable to reach all the trouble spots. This also led to allegations of partisan behaviour.

PSI Srivastava was transferred to Vadodara after the riots but his family continues to stay in Ahmedabad. Every Raksha Bandhan day, many Muslim women from Shahpur leave behind rakhis at his home, even if he is away. He makes it a point to visit Shahpur whenever he is in town. As soon as he enters the area, residents surround his motorcycle making it difficult for him to drive on. His popularity among the Muslims of Shahpur continues to be as high even two years after he was transferred out of the area.

Archived from Communalism Combat, June 2004 Year 10   No. 98, Cover Story 2

 

‘We have grown up together; how can we desert them now?’

0

Ishwarbhai R. Desai, Advocate, Ahmedabad

Ishwarbhai R. Desai, an advocate at the metropolitan court in Ahmedabad was vice–president of the local Bar Associa tion in 2002. He lives in Saijpur Bogha near Naroda Patiya and Chamanpura, the location of some of the worst massacres during the 2002 genocide.

His colony has about 200 Muslim families, mainly poor, and 500-700 Hindu families, mainly from the Rabari community. After the disturbances began in Ahmedabad, the Muslims were scared. Ishwarbhai has a plot of land in the colony and the 200 families came there for refuge and help. For three days, these families stayed there and Ishwarbhai and his neighbours fed and protected the Muslims.

As news spread about this safe haven, families from Naroda Patiya, Chamanpura and other disturbed areas also came here for shelter. They were also taken in and provided for by the residents of the society through their personal resources. In this way, about 500-600 people were sheltered there. A temporary but effective relief camp was run for displaced persons.

As word spread and groups like the BJP/Bajrang Dal/ VHP/ RSS got wind of the fact that Muslims had collected there, large mobs came for them. Some of the mob leaders were personally known to Ishwarbhai. All of them had only one demand – that Ishwarbhai turn the Muslims out. But Ishwarbhai and his neighbours refused. They were adamant that they would not let anyone touch the Muslims who had sought refuge there. "We have grown up together, our families have known each other for the last 70-80 years. How can we desert them now?" Ishwarbhai asked the Hindu mob leaders. Even as he tried talking to persons in the mob and engage them in dialogue, other colony residents were prepared to face and repulse the mobs if necessary. In the three days that the Muslims took shelter there, on about a dozen occasions, mobs grouped and re-grouped but Ishwarbhai and his neighbours remained firm.

Some in the colony were concerned that they might not be able to hold out for long against a huge mob and that might result in a massacre worse than that at Naroda Gaon and Naroda Patiya. They were also worried that in such an eventuality, their property would also be damaged. Finally, Ishwarbhai managed to contact the police commissioner PC Pandey and three days later, seven or eight police vans were sent to the colony to take the Muslims to the Shah Alam camp. However, the Muslims were not willing to trust the police completely and they insisted that Ishwarbhai and his friends accompany them to safety of the camp.

Even after the Muslims had left for the camp, a mob came to loot Muslim property and set it on fire. Once again, Ishwarbhai and his neighbours intervened. They were determined that not a stone would be hurled at a Muslim house, not a nail would be pulled out. For another 10 days, they were pestered by the mobs but finally the misguided Hindus realised that there were unlikely to get what they wanted and left them alone. When the Muslim families returned two months later, they found their houses in exactly the same condition as they had left them. However, the mobs did damage the mosque behind the colony.

For his troubles, Ishwarbhai had to face questions and taunts from his friends and colleagues for months. But the Muslim neighbours whom he rescued are still grateful to him and consult him in all major decisions. Even today, they have full faith in Ishwarbhai and none of the Muslim families have felt the need to move out to a safer place.

Archived from Communalism Combat, June 2004 Year 10   No. 98, Cover Story 3

An RSS man who rescued Muslims

0

Jeetubhai Trivedi, Social Worker, Ahmedabad

Jeetubhai Trivedi is an aged social worker who lives in Saraspur, Ahmedabad. An RSS worker, Jeetubhai readily confesses that as a young man, he participated in many communal riots as a member of the Jan Sangh. Now, however, he is older and says he knows better.

During the violence of 2002, Jeetubhai was constantly on the move, helping wherever he could. He regularly visited the civil hospital and checked on those who had been admitted there. Regardless of whether they were Hindus or Muslims, he arranged for their food and medicine. Wherever the victims were too poor, he asked his friend, Janibhai, who runs a trust, to provide meals for the victims, which he paid for himself. He also arranged for their medicines. In fact, Shafibhai Mulani, an organiser of the Shah Alam camp, contacted Jeetubhai every time they had to send someone from the camp to the hospital. Jeetubhai then arranged for their meals and medicines.

Near Jeetubhai’s house there are two chalis facing each other — one Hindu and the other Muslim. When the communal violence began, the residents of the Hindu chali joined a mob throwing stones at the Muslim chali. About 30-40 residents of the Muslim chali were stranded there. When informed about the rather volatile situation, Jeetubhai tried to get police help but the police pleaded shortage of manpower. Finally, Jeetubhai went there himself and managed to get the Muslim residents out in the nick of time. Within 10 minutes of the Muslims escaping, the chali was attacked, looted and ransacked. Jeetubhai made arrangements for the Muslims to either go and stay with relatives’ in safer areas or to a relief camp.

Jeetubhai says he knows most of the people in the area and is always available for help at any time of the day or night. This is why he can move around fearlessly even during disturbances and curfews. Whenever someone tries to stop him, he explains that all these riots are part of power play and that ordinary people are mere pawns in the game. He asks them to see how insignificant these issues really are and rise above them. "After all, Muslims are human beings too", he adds.

Archived from Communalism Combat, June 2004 Year 10   No. 98, Cover Story 4

His Hindu students were his first concern

0

Image are for representation purpose only

Nazir Khan Pathan, School Teacher, Ahmedabad

Nazir Khan Rahim Khan Pathan is a primary school teacher who lived at Jawahar Nagar, Naroda Patiya, a Muslim locality surrounded by Hindu houses on all sides. Nazir Khan took tuition classes at home and had many Hindu students coming to his place for coaching. Since the SSC exams were approaching, his coaching class students were studying at his house on the morning of February 28. At around 10 or 11 a.m., as the mob started collecting outside Naroda Patiya, Nazirbhai realised that things were beginning to look serious.

His first concern was for the safety of the Hindu children under his care because he feared that they would be mistaken for Muslim children and attacked. So he took them to a lane near the SRP headquarters and told them to go back to their own homes. However, one girl, Bharati was very scared and refused to leave the house, fearing that she would be killed. At first, he assured her that she was welcome to stay in his house where she would be looked after as his own but as things got worse, he decided that he should help her escape. He noticed one of his students, Raju, in the mob. Since Raju recognised Bharati, Nazirbhai handed her over to him and thus managed to ensure that all the Hindu children got out safely and in time.

There are many such stories, big and small, of Hindus saving Muslims and Muslims saving Hindus at Naroda Patiya, which serve to relieve the grimness of that day.

The SRP headquarters abut Naroda Patiya. Towards evening, when the mob turned murderous, SRP personnel were posted at the boundary of the compound with strict instructions not to let anyone enter or leave it. However, residents of Naroda Patiya ran to the SRP compound for safety and the people posted there found themselves unable to turn the victims away though through the day they had turned away wailing victims .

"I have been working there for about 15 years and know all of them well," says Chhotalal Maganlal Vora. Soon about 1,000 people, Hindus and Muslims, collected inside the SRP compound. Much later, the SRP boss, Chavan sahab heard about the refugees in the compound and around midnight, he sent a vehicle to transport the victims to the Shah Alam camp. Dalabhai K. Patel was the truck driver and Faiyyaz Khan Pathan its conductor.

But the mob still lay in wait for the Muslims and as soon as the truck left the compound, it was surrounded by about 10,000 people determined to block their escape route to safety. They were armed with petrol, diesel and soda bottles and were preparing to set the truck on fire when Dalabhai and Faiyyaz did some quick thinking. They asked the mob to let them park the truck to a side after which they were free to do as they wished.

When the mob parted to allow them space to park the truck, Dalabhai went into reverse and sped right back to the safety of the SRP compound. He finally managed to drop the Muslims at Shah Alam camp at about 3.30 a.m. Dalabhai Patel and Faiyyaz Khan managed to save over 100 lives. Even today, residents of Naroda Patiya who were sheltered and finally saved by the SRP personnel that night thank their benefactors.

There are many such stories, big and small, of Hindus saving Muslims and Muslims saving Hindus at Naroda Patiya, which serve to relieve the grimness of that day. However, not all ended in rescue and happiness. Fatimabibi tells one such story, which ended in tragedy. As the riots started on the morning of February 28, she and other residents ran to Gangotri and Gopinath chali for help. Though they were sure they would get help from some of the women they knew, on that dreadful day, when suspicion and hatred governed all emotions, there was no help to be had. The fleeing Muslims were unable to find any acquaintances at Gangotri and Gopinath and the men they met refused to help.

However, one widow — Fatimabibi does not know her name — took pity on them and took them into her room. She sheltered 20-30 people in her small room and gave them food and water. She did not want them to go out to the toilet and expose themselves to the rest of the chali so she cleared a drain in the kitchen that they could use to relieve themselves. She hid them there for two or three hours. However, after some time, her brother called out to her. He had heard about the trouble in her area and wanted to come and take her away. She told him that she had people at her place and could not leave them and go.

Her neighbours overheard their conversation, kicked up a ruckus and forced her to open her doors and ask the Muslims to leave. As the Muslims ran out, they were attacked by the mob, and many of the people who had sought shelter at her house died. At Naroda, the day unfolded in tragedy upon tragedy

One thing, however, stands out. Naroda Patiya has about 123 Hindu houses and over 500 Muslim houses. Yet no Hindu was hurt by his Muslim neighbours, even as Muslims were attacked by Hindu mobs. No Hindu houses were damaged in retaliation for what Hindu mobs had inflicted on the Muslim residents. As a result, the Hindus are back at Naroda and do not feel insecure living in a Muslim majority area.

Archived from Communalism Combat, June 2004 Year 10   No. 98, Cover Story 5