attack on mosques | SabrangIndia News Related to Human Rights Tue, 16 Jul 2024 14:20:57 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png attack on mosques | SabrangIndia 32 32 Violence, vandalism and arson in Kolhapur, Muslim houses and mosque targeted by mob that had gathered on the call of former RS MP Sambhaji Raje Chhatrapati https://sabrangindia.in/violence-vandalism-and-arson-in-kolhapur-muslim-houses-and-mosque-targeted-by-mob-that-had-gathered-on-the-call-of-former-rs-mp-sambhaji-raje-chhatrapati/ Tue, 16 Jul 2024 14:14:11 +0000 https://sabrangindia.in/?p=36783 Since the past year, Sambhaji Raje had been protesting against “illegal encroachment” on Vishalgarh fort, videos of violent attack show men with saffron flags atop the Mosque with hammers

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]]> On July 14, a Sunday, disturbing visuals of a Mosque being demolished emerged from Maharashtra’s Kolhapur district. A video from the ground showed a group of men belonging to an extremist Hindutva mob climbing atop a Mosque holding saffron flags and vandalising a Mosque with hammers. The video showed mobs of people standing upon the Mosque and planting a saffron flag on it. As per multiple reports, the said violent mob was led by Sambhajiraje Chhatrapati, former Rajya Sabha MP and descendant of Chhatrapati Shivaji Maharaj, who had marched to the fort with thousands of supporters who unleashed the violence against the religious structure. 

It is to be noted that since the past few months, a campaign is being run by the certain Hindu right-wing outfits to “free” the historic Vishalgad fort of “encroachment”. A brief on the importance of the said fort in Maratha history is that the same fort was used by Chhatrapati Shivaji Maharaj to escape after being besieged at Panhala Fort in 1660. In 1844, Vishalgad was ruled by the Kolhapur State when a rebellion was led against a Brahmin regent who had been installed by the British when the natural heir to the throne was underage.

The said video can be viewed here:

As per multiple reports, the attack against the Muslim structures by the extremist group did not limit itself to the Mosque as houses and shops belonging to Muslim community were also destroyed.

Details of the incident:

Calling it ‘Vishalgad Anti-Encroachment Movement,’ Sambhaji Raje Chhatrapati and his supporters in Kolhapur have been mounting pressure on authorities to remove illegal encroachments at the Vishalgad fort for the past year. 

The clashes erupted after former Rajya Sabha MP Sambhaji Raje called upon his supporters to march to the Vishalgarh fort in a bid to protest against the inaction of the authorities over illegal encroachments. The fort is located in Shahuwadi of Kolhapur district, about 75 kms from Kolhapur city.

As per the report in Maktoob Media, ahead of Sambhajiraje’s arrival at the fort around 9:40 am, a mob of his supporters had already started with stone-pelting on the mosque, Rehman Malik Dargah, and attacking local Muslim residents in the vicinity. Some vandals also allegedly chanted ‘Jai Shri Ram’ outside the mosque and raised objectionable slogans. It is essential to note that the said Mosque was on the way to Vishalgad fort, but was 6 km away from the fort.

The Maktoob Media report also alleged that the attack against Muslims occurred in police presence. As per the videos accessed by Maktoob Media, a few police personnel were deployed to guard the place to stop the Hindutva mob but were unable to do anything. After the attack on the Mosque, some of the residents then reportedly retaliated, following which the situation went out of control. The police then cordoned off the fort and barred entry, following which the mob allegedly attacked shops and homes in the Gajapur village by the foothills of the fort. Several homes in Gajapur were allegedly set on fire while several other homes and shops were vandalised and looted. As per Scroll, around 50-60 houses and shops belonging to members of Muslim community were attacked, looted and torched by the mob as it ran amok at Gajapur village in Kolhapur district. As told by the locals to media, several vehicles were also damaged. Locals further alleged that no cops were present there. As per the report in Maktoob Media, at least 40 Muslims, including children, were attacked in the incident.

Locals targeted, attacked, forced to flee fearing for violence: 

Last year, in 2023, the district administration had carried out a survey of the Vishalgarh fort and claimed that they found 160 buildings, including a mosque, houses, and shops, to have been constructed illegally. 

Statement of the locals who suffered the violent attack was provided in a report of Clarion India. As per the report, Imran Mujawar, a resident of Gajapur whose house was also attacked, stated that the residents fled their homes towards the nearby jungle to protect their lives when the mob reached the area. Mujawar is also a khadim at the Vishalgad dargah.

“People armed with weapons barged into houses. The residents fled their homes toward the jungle nearby to protect themselves. Homes were looted and their jewelleries were also stolen. Around 50-60 houses were destroyed,” said Mujawar.

Providing an estimate of the losses suffered by the Muslim whose properties and shops were destroyed, Mujawar stated that he lost properties worth 9-10 lakh while some people incurred the loss of 15-20 lakhs. Mujawar also provided how their vehicles were also destroyed. He stated, the mobs were armed with weapons such as swords and knifes and their target were Muslim people only.

The helplessness of the locals was also conveyed by Mujawar, who stated that the mob even threw or destroyed the edible items. As per Mujawar, the situation post the violent incident was so dire that people are not even left with ration to cook anything. 

“We can’t now estimate the losses. There might be a loss of crores. Dozens of vehicles were destroyed. Some houses were set on fire by exploding gas cylinder. It was the house in which a woman was living along with her children while his husband was working somewhere. The woman fled her home along with children,” said Mujawar.

According to Mujawar, there were four to five thousand people in the mob and the attacks occurred even in the presence of the police force. Several people got injured in the attacks. Some of them had fractures and were admitted to a local hospital, as per a Clarion India report. 

“In Gajapur, all the residents are Muslims. Their homes and properties were targeted. There are homes of Hindus ahead of Gajapur. They were not touched. Only Muslims were targeted,” asserted Mujawar.

Mujawar also alleged that the said targeted attack against the Muslim community took place Maharashtra assembly elections are approaching. “They want to win elections by creating riots,” he said, as per Clarion India.

As per a statement of the police, police personnel were also injured during the incident. A report of The Quint provided that several local journalists reporting on the incident had alleged that they were threatened by people who were a part of the mob with knives and sticks to stop them from reporting on the incident. Furthermore, the journalists claimed that their equipment, mobile phones, and boom mic were snatched by miscreants while brandishing swords and knives. Some also claimed that their vehicles were chased in order to scare them into not coming to the area. Notably, Kolhapur Press Club president Sheetal Dhanwade, addressing journalists on July 15, had said that an undertaking will be given to the police and the authorities in this regard.

Action taken by authorities:

As per media reports, following the violence, vandalism and arson, there is a deployment of police force in the village and prohibitory orders under Section 144 have been imposed in the area. The police are registering FIRs over the incidents. As per media reports, the Kolhapur police on Monday lodged four FIRs against over 500 persons including former Rajya Sabha member Chhatrapati Sambhaji Raje. Till now, a total of 21 people had been arrested by the Kolhapur police.

It is also essential to point here that Sambhaji Raje called off his protest after an assurance by CM Eknath Shinde that action will be taken against illegal encroachments in the fort. It has also been reported that following the violent incident, about 35 illegal shops were razed by authorities on Monday on the orders of CM Shinde who arrived in Kolhapur on Sunday night.

Some politicians condemn, some under scanner point fingers at authorities:

Sambhaji Raje, who is deemed to be the cause of the unrest, blamed the local authorities and the police for not taking enough measures despite anticipating that the situation may get out of hand. He also showed up at the local police station to urge officials to book him instead of ‘Shivaji bhakts’.

“Several Shiv Bhakts have been booked. Rather than harassing them, the police should book me. I kept asking them if I have been booked but they refused to answer,” Sambhaji Raje said, as per media reports. Furthermore, Sambhaji Raje claimed that there was no communal agenda behind his movement but some people with vested interests are trying to portray it so.

“One of the first encroachments to be destroyed belongs to a Prakash Patil. Some of the first action was faced by Hindu families. Some people are trying to do Hindu-Muslim over this, they must not. I do not support what happened in Gajapur. The incident must be probed and the police must take appropriate action. If somebody is firing shots with the gun on my shoulder, I will look into it. But my intention was only to protest against encroachment,” he said, as per The Quint.

Meanwhile, All India Majlis-e-Ittehadul Muslimeen (AIMIM) chief Asaduddin Owaisi MP attacked the Mahayuti Government in Maharashtra and asked them to take action against the culprits. Owaisi slammed Chief Minister Eknath Shinde and Deputy Chief Minister Devendra Fadnavis on ‘X’ (formerly Twitter) by describing the incident as a repeat of Babri Masjid demolition. In his post on social media, Owaisi shared the video on his official account and said, “6 December continues @mieknathshinde @Dev_Fadnavis under your government a Masjid is attacked by a Mob, this is an attack on Rule of Law but your government is not concerned.”

He further said, “Muslims of Maharashtra must reply through Ballot by ensuring your party MIM candidates win the forthcoming elections to stop the Mobs and the political leaders & parties who give them patronage and support and remember the Silence of parties who are claiming they won ‘Moral victory’.”

The post can be viewed here:

After the statement made by Sambhaji Raje was released, many of the opposition leaders spoke out against the incident and demanded immediate action against him. A meeting was also held by Nationalist Congress Party – Sharadchandra Pawar (NCPSP) chief Sharad Pawar, Kolhapur MP Shahu Maharaj, NCPSP district president VB Patil, and district Congress president and MLA Satej Patil over the unrest.

Kolhapur Lok Sabha MP and Sambhaji Raje’s father Chhatrapati Shahu Maharaj condemned the violence while blaming the administration for failing to handle it.

“We condemn the violence committed on the occasion of removing the encroachment on Vishalgad Fort after Chhatrapati Sambhajiraje’s call. It is extremely painful and distressing to witness such an incident in Kolhapur district, which holds the legacy of Rajarshi Shahu Maharaj deeply,” Shahu Maharaj said, as per The Quint.

Satej Patil stated that “Somebody like Sambhaji Raje should have been careful while blaming the authorities for the unrest.” 

As per a report of the Deccan Herald, Kolhapur Guardian Minister Hasan Mushrif stated that “Such an incident is a blot in the kingdom of Chhatrapati Shahu Maharaj. The issue of encroachments on Vishalgad is sub-judice. So, it is for Sambhaji Raje to answer whether his stance on the issue is appropriate.”

Several Muslim bodies led by Jamiat Ulema-e-Hind also submitted a letter to the Kolhapur authorities to take strict action against those accused and demanded that Sambhaji Raje must be arrested.


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]]> Conspiracy or Coincidence? Mosques defaced in March after spate of hate speeches provoking the crime weeks before https://sabrangindia.in/conspiracy-or-coincidence-mosques-defaced-in-march-after-spate-of-hate-speeches-provoking-the-crime-weeks-before/ Mon, 18 Mar 2024 10:22:47 +0000 https://sabrangindia.in/?p=33898 Provocation and crime: three separate incidents of vandalism and defacement of Mosques since January after three hate speeches calling for demolition of Mosques since January

The post Conspiracy or Coincidence? Mosques defaced in March after spate of hate speeches provoking the crime weeks before appeared first on SabrangIndia.

]]> Hate speech is prosecutable when it has the potential of provoking violence, a crime. So, when three such cases of venomous hate speech by far-right leaders including BJP legislators (January 2024) result in three separate incidents of vandalism and defacement of Mosques since February should this not be seen as a case of collective conspiracy? Though geographically apart, the normalisation of targeted speech and violence in the country makes a case for such causality.

Every other day we report hate speeches targeting Muslims, Christians, Mosques and Churches made by named perpetrators — leaders and mobs —that incite violence and hatred.

In recent weeks, since January 2024, speakers have provoked their audiences to desecrate Muslim religious places. At least three such hate speeches have been delivered by Bharatiya Janata Party legislators and far-right leaders wherein calls have been made to attack and destroy Muslim places of worship.

Within a month they achieved their desired result.

March 2024 (Provocation & Crime): In the month of March, a video showing the slogan of Jai Shri Ram being displayed at a Mosque through laser lighting went viral. The video, posted by Hate Detectors on ‘X’, showed Jai Shree Ram being displayed over Surat’s Jama Masjid during a Hindu wedding. The incident took place in Gujarat.

The video can be viewed here:

March (Provocation): In March, Hindutva Watch reported a contentious speech delivered by BJP legislator Balmukund Archarya in Jaipur, Rajasthan. In his speech, Archarya can be heard raising a call for turning historical monument of Qutb Minar into a temple. He also mentioned the mosques of Kashi and Mathura, declaring that the Shahi Idgah Mosque and the Gyanvapi Mosque will suffer the same fate as the Babri Mosque.

The speech:

“Just like Ram has been brought back in Ayodhya and his idol has been established there, we have to follow the suit in Kashi and Mathura as well. We will, one day, visit our God in Qutb Minar as well. We will pray to red Hanuman in Red Fort. I have gotten another news that there used to be an ancient temple in Madhya Pradesh, and our God will be established there once again.”

The video is attached:

Details of more such speeches made are at the bottom of the copy.

February (Crime): In the month of February, the Observer Post had reported that on February 17, a Hindu monk by the name of Maharaj Hiranmoy Goswami led prayers inside the Adina Mosque in Malda with the support of a few young guys. The aforementioned action had sparked a heated dispute, necessitating the police’s intervention.

According to the article, local sources had stated that on Saturday afternoon, people from outside the state, aided by a few Hindu teenagers in the area, and started conducting religious ceremonies, such as puja, inside the mosque grounds. The local Muslim community became enraged by this conduct, which led to instability in the neighbourhood. The Archaeological Survey of India (ASI), which was in charge of the Mosque, had then submitted a complaint upon which an FIR was then filed.

Another separate incident had taken place in February where during Saraswati idol immersion, miscreants had pelted stones at a mosque while passing through the area. The said incident had taken place in Bahera, Darbhanga of Bihar on February 16. As per a report in Maktoob Media, on the night of 16 February at around 7 pm, a procession for the immersion of goddess Saraswati was taken out in Badi Bazar of Baheda town on Basant Panchmi. News of “communal clashes” had emerged from the area.

“Under the Bahera police station area, a clash broke out between two communities during idol immersion. The officials reached the spot and brought the situation under control,” Darbhanga district magistrate Rajeev Raushan told media.

In one of the videos of the procession from Bahera, accessed by Maktoob, a mob can be seen and heard shouting the alleged slogans and vandalising the properties near the mosque. The video further substantiated that the procession moved towards Badi Bazar mosque, the Jama Masjid of the town, the Hindu mob allegedly raised slogans of “Jai Shri Ram” and Hindu religious songs were being played loud on DJ. The parked vehicles near the mosque were torched and broken by the mob. They pelted stones and bricks at the nearby houses. It is essential to report that the Bahera Police had booked more than 400 identified and unidentified individuals, both Hindus and Muslims, for allegedly inciting communal violence and attacking police personnel.

Other instances of incendiary speech in February and before:

February (Provocation): In the month of February, Rashtriya Karni Sena President Suraj Pal Ammu delivered an instigating speech in Aligarh, which he has referred to Harigarh in his speech.  The leader of this far-right extremist organisation asked for his audience to be ready to demolish the Gyanvapi mosque in Kashi to reclaim it. He repeatedly encouraged violence. The video of the same had been published by the handle of Hate Detectors on ‘X’ in February.

The speech:

“Are you all ready to commit a scandal in Mathura? The new government here is of SP (Samajwadi Party), are you ready to have cases filed against you? How many of you are ready for that?”

“Who all are happy with the beginning of worship (by Hindus) at Kashi? This could have happened when Manmohan Singh’s government was there, right? But this miracle could only take place during the tenure of the real son of Gujarat and India, Narendra Modi. This is his blessing.”

“Our country feels proud when the CM of Uttar Pradesh Yogi Adityanath walks and talks, feels like the son of a lion is there.”

Slogans of Jai Shri Ram are raised by the audience.

“I think Ayodhya and Kashi are equidistant from here. One day, if I declare it to the Karni Sena that the structure that is standing in Gyanvapi needs to be demolished, will you be ready for that?”

“Gyanvapi khallaas karne ko tayar ho kya? (Are you all ready to destroy the Gyanvapi structure?)”

The audience answers with a loud “yes”.

The video can be viewed here:

January (Provocation): In the month of January, repeated hate offender, BJP MLA T. Raja Singh, had delivered a hate speech in Saswad, Pune in Maharashtra on January 31. The speech had been reported by Hindutva Watch. While the speaker targeted the Muslim community on many issues, such as Love Jihad and cow slaughter, we have extracted the part where he had raised calls for demolition of Muslim religious places.

Extracted speech:

“Hey (Asaduddin) Owaisi, you are crying so much over one Babur structure, we are not done with Kashi and Mathura till now. We are also not done with the Punyeshwar Temple in Pune. Every temple of ours that was destroyed by the jihadis and another structure was built upon it will not be left, I will promise you that.”

“Till now, we are only asking you about three temples, but we have not forgotten those fifty thousand temples that you destroyed to build illegal structures over. Once India becomes a Hindu nation, we will take accountability of every temple destroyed. Every jihadi will get what they deserve.”

Hate speech is not Free Speech as we at Citizens for Justice and Peace have frequently argued. It is the specific element and ingredient of call or provocation to violence that distinguishes the two. Simple slur or abuse do not qualify but when made by groups, individuals in positions of social, economic and political power against a section that is discriminated and marginalised –threatening that sections fundamental and constitutional rights to equality and dignity –speech gets criminalised and qualifies as hate speech.

In the instances reported here, speeches that calls for demolition (or defilement) of Muslim places of worship are only three such reported instances that have been covered by the team of SabrangIndia. Though there may not be a direct geographical or causal link between these words and the violent acts listed above, arguably the permissible climate of hatred they propagate has the power to enable these crimes and acts of violence.

 

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Trend of divisive politics continues, 3 hate speeches by Assam CM in poll bound states

The post Conspiracy or Coincidence? Mosques defaced in March after spate of hate speeches provoking the crime weeks before appeared first on SabrangIndia.

]]> Violence breaks out after controversial route of a procession passes Mosque in Karnataka’s Haveri, 15 detained https://sabrangindia.in/violence-breaks-out-after-controversial-route-procession-passes-mosque-karnatakas-haveri-15/ Tue, 14 Mar 2023 18:00:10 +0000 http://localhost/sabrangv4/2023/03/14/violence-breaks-out-after-controversial-route-procession-passes-mosque-karnatakas-haveri-15/ Stones were reportedly pelted on Muslim homes and a mosque in Karnataka’s Haveri district during a procession by Hindu-tva extremist outfits and Kuruba (a community) organisations, leading to communal tensions in the area on March 14. According to the police version, 15 people were detained and the “tense situation under control.” It is not known […]

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]]> Hate Watch

Stones were reportedly pelted on Muslim homes and a mosque in Karnataka’s Haveri district during a procession by Hindu-tva extremist outfits and Kuruba (a community) organisations, leading to communal tensions in the area on March 14. According to the police version, 15 people were detained and the “tense situation under control.” It is not known whether those who were detained hail from the law-breaking Hindutva groups, however.

The supremacist outfits with visible saffron flags (some blue and lemon yellow flags are also visible in the video) were supposedly carrying out a bike rally with a statue of revolutionary Sangolli Rayanna. Why the police allowed such a rally within a Muslim dominated neighbourhood where a Mosque was situated is best known to the police. When the procession crossed a Muslim neighbourhood, a mobs from the procession pelted stones on houses and a mosque. There are also unconfirmed reports that some persons in the neighbourhood were threatened by processionists. A perusal of the video reveals that little has been done to stop or control the processionists.

 

 

Haveri Superintendent of Police (SP) Shivakumar reportedly told India Today that the bike rally was “peaceful” but a few miscreants pelted stones when they came close to a mosque. No questions have been put to the Haveri police as to why permission was granted to such a route for the procession in the first place.

2022 Last year, during Ganpathy celebrations, the procession had been disturbed and tensions had followed in the same Haveri area.

Background on Law related to Routes of Religio-Political Processions

Citizens for Justice and Peace has been seeking interventions from India’s constitutional courts for application of established law & procedure on routes of religious processions ever since the outbreak of targeted violence during the Ram Navmi processions in the Jehangirpura area of Delhi last year (May 2022).

This intervention by CJP points out that while an MHA 2019 advisory, Indian criminal law and Arms Act as well as judgements & Judicial Commission Reports required implementation of strict norms and restrictions these are often breached.

In May 2022, soon after the countrywide Shobha Yatra violence in several cities, CJP had relied upon an MHA 2019 advisory, a 2019 Punjab Police Detailed Directive, Statutory provisions of Indian criminal law and the State Police Acts, detailed recommendations of Commissions headed by former judges of Supreme Court and High Courts, and a slew of judgements of the Supreme Courts; and had sought their urgent and consistent implementation through an Order of the Supreme Court.

The SC, at the first hearing of this PIL on December 9, clearly held that, state being a law and order subject, there was no need for the SC to intervene in the matter. Besides, the court enjoined the petitioners to look at how a majority of religious processions, like the Ganpati processions in Maharashtra which involve hundreds of thousands of processionists, pass off peacefully each year. The legal intervention had, however emphasised how those processions that were allowed to take place violating established norms like routes and worse, allowed those in the procession to brandish arms.

An intervention application on the same issue is still pending before the Court.

In the background of the several instances of violence witnessed in various parts of the country during Ram Navami in April 2022 innocents were targeted, life and property destroyed. Worse, communal harmony was seriously disturbed. To curb and control such outbreaks, concrete and strict adherence to well-laid down laws and procedures must be followed by the state law enforcement machinery.

India has law and established statutory procedures on these ticklish issues. These are however observed in their breach.

What CJP had sought was appropriate directions to the Union and all States for observing statutory provisions of law and following recommendations of Commissions of Inquiry that have dealt with regulation of mass processions in the past. The legal intervention especially highlighted the report of the ‘Justice DP Madon Commission of Inquiry’ which had in much detail provided such guidelines about how to deal with a potentially dangerous procession in order to prevent a law and order situation. It also sought an SOP from the Centre for regulation of religious processions to ensure that all faiths are treated equally and no disturbances are caused to the public at large.

MHA and Punjab Police Guidelines

In January 2019 and 2018 respectively, the Ministry of Home Affairs (MHA) issued a detailed advisory on “curbing the illegal use of arms and firearms” as being violative of the Indian Arms Act (1959 as amended in 2016). This advisory clearly states that,

“It is once again requested to ensure that strict legal actions are taken, as per the provisions contained in the Arms Act, 1959, the Arms Rules, 2016 and other relevant provisions of IPC and Cr.PC, against the person(s) indulged in the illegal practices of celebratory firing in marriages, public gatherings, religious places / processions, parties, political rallies etc. so as to curb such incidences. Further, licenses of such perpetrators or any licenses who violates the provisions of Arms Act, 1959, the Arms Rules, 2016, to be cancelled in accordance with the law”

Punjab Police Guidelines of 2018

In 2018, the Punjab Police issued Guidelines/advisory “for regulating organisation and conduct of

processions / assemblies / protests / demonstrations / dharnas / marches etc.” These too lay down 19 clear instructions on what jurisdictional police officers need to do to deal with processions of all hues and prevent them turning unruly and violent. Apart from a legal prohibition against carrying of arms and lathis, the Guidelines also re-emphasise that the entire processions need to be video graphed and organisers need to give undertakings to ensure lawful behavior and conduct. Significantly, the organsiers are required to ensure that “no inflammatory speech or any unlawful activity is done at the venue of procession or assembly, which may cause tension in the area or create mutual hatred or create differences amongst different communities, castes, groups, religions etc.” 

As is clear from the narrative of several such incidents that broke out in April 2022, all these pre-conditions were followed in the breach. Incidents took place in Delhi, UP, Madhya Pradesh, Bihar, Rajasthan, Gujarat, Karnataka, Jharkand, West Bengal and Maharashtra.

Violence during Ram Navami

Narrating the series of incidents in April 2022, the petition highlights that religious processions carried out during Chaitya Navratri, Ram Navami and Hanuman Jayanti in April were marred with clashes, stone pelting as well as trishul (trident) distribution which led to violent confrontations in Gujarat, Delhi, Madhya Pradesh, Jharkhand and West Bengal.

In Rajasthan’s Karauli, stones were allegedly pelted at Ram Navami processions while it was passing by a mosque which led to altercation whereby 15-20 persons were injured, and shops and vehicles were burnt.

In Jaipur, a Ram Navami processions passed through the old city despite section 144 of CrPC being imposed. In Khargone, Madhya Pradesh, the Rama Navami procession clashed with the namaz time (evening prayers). It is highlighted that Hafiz Mohsin, the secretary of the Jama Masjid in Talab Chowk area were alerted about it being a sensitive zone and yet permissions were granted for the procession. The procession that caused violence was carrying posters of controversial film “Kashmir Files” with slogans of “Jaago Hindu Jaago” (wake up Hindus). Within 2 days of the incident, over 32 shops and 16 homes belonging to Muslims were demolished, suggest news reports.

Moreover, such instances of violence were also reported in Gujarat, Jharkhand, Delhi, West Bengal, Karnataka as well as Bihar.

The petition highlights that secularism is a positive concept that envisages that the State should have equal respect for all religions and refrain from discriminating between religions. It further states that principles of equality and equality before law (Article 14), non-discrimination (Articles 15,16,17), freedom of expression, faith, belief and worship (Articles 19, 25-30) are non-negotiable and need to be upheld when it comes to matters of public expressions of faith and culture.

It is these principles of governance that have resulted in the body of constitutional governance, criminal laws, police acts, jurisprudence and proceedings of judicial commission reports. The petition’s main point of contention is that crucial findings and recommendations of several Commissions of Inquiry about permissions of such religious processions and monitoring of their conduct etc have been ignored.

The Law as it stands

The Preventive actions that need to be undertaken by the Police are detailed in Chapter XI of the Code of Criminal Procedure (CRPC) wherein Section 144 empowers a district magistrate, a sub-divisional magistrate, or any other executive magistrate empowered by the state government, to issue orders to prevent and address urgent cases of apprehended danger or nuisance. Sections 149 onwards are related to preventive action that a police officer is required to take to prevent the commission of cognisable offences. The petition enumerates only some of the legislative measures available to the law enforcement.

The Indian Penal Code (IPC) even contains definitions of offences under sections 295A and 296 relating to deliberate acts aimed at disturbing religious assembly. The Indian Arms Act (1959, amended in 2016) has strict guidelines precluding sale and transfer of arms (read in context of Trishul deeksha—distribution of tridents). Further, the Police Act, 1861 has provisions under section 30 for “regulation of public assemblies and processions and lice sing of the same”. The Police Acts of the respective states have similar outlined measures (including Gujarat and Delhi) and these have been modified and amended in the 1950s to date.

Jurisprudence

In Praveen Togadia v. State of Karnataka (2004) 4 SCC 684, the Supreme Court had upheld administrative order to prevent a potentially harmful gathering that could have turned violent. Telangana High Court while dealing with grant of permission for Ram Navami processions this year, stressed that conditions imposed by the Police should be strictly followed and restrained independent processions.

Commissions of Inquiry reports and guidelines

After Maharashtra saw communal violence in 1970, Justice DP Madon Commission was established which, among others, gave the following recommendations:

106.7 Processions likely to provoke trouble stand on a special footing. Before granting permission to the organizers to take out such a procession and before prescribing a route for it under section 36 of the Bombay police Act, the officer concerned should undertake a thorough   reconnaissance of the proposed route, note the bottle–necks, the likely points at which there may be danger to the procession by reason of an attack from rival groups and the places where there may be danger from the procession itself by reason of the procession-ists attacking the inhabitants, shops or houses of that locality, and should ascertain the places where escape routes are available and where the procession can be stopped and dispersed when it becomes unruly.

The recommendations also state that each procession must be divided in sectors and a police officer should be put in charge of each section. Further it states that mammoth processions should never be permitted to march through the streets even if peaceful and that police parties should be at the “head and tail” pf each processions of controversial nature.

Apart from direct law and order issues, Justice Madon had emphasised the communal mindset derived from the [perversions of religion and the distortions of history.

When the Bombay riots of 1992-93 occurred, Justice BN Srikrishna Commission report (February 1998) referred to institutional failure behind the state government’s implementation of the Madon Commission’s recommendations. The Madon Commission Report and at least two dozen others are the ones that the petitioners rely on to make their arguments. These judicial commission reports have pinned responsibility on the failure to regulate certain outfits as being responsible for outbreak of violence.

Government guidelines

The petition also points towards the Ministry of Home Affairs (MHA) guidelines of 1997 titled “Guidelines to promote communal harmony” which specify the responsibility of the state machinery while dealing with potentially inflammatory statements in the context of communal tension.

Questions that need to be asked

1.      Who granted permission for their possessions?

2.      Was permission granted at all?

3.      Who allowed/granted permission for arms to be carried in this procession?

4.      Was or has penal action been initiated following the outbreaks?

5.      Who has permitted trishul diksha when intimidatory remarks threatening to exterminate an entire community of Indians have been made?

6.      Has there been any lawful prosecution and prevention of such blatant arms distribution assemblies?

7.      Has there been any action against police officers or members of the administration for failure to perform their lawful and statutory duties?

In this active citizens intervention, CJP had urged the the Supreme Court to give the following directions:

1.      That, all processions should be regulated as per law and settled jurisprudence on the routes to be followed precautions taken and more specifically not be allowed to pass through areas of other religious denominations at sensitive times that conflict with diverse religious observances of different faith

2.      That, all religious possessions should be conducted in accordance with the permissions granted

3.      That, the executive must perform their statutory duties and regulate monitor and control the routes of such processions ensuring that these are unarmed

4.      That, while granting permission to such processions the competent authority must place public safety, public order, cleanliness and protection of environment, adequacy of arrangements for handling emergency superior to the conduct of the procession.

5.      That, the government must develop an SOP for granting permission for taking out a religious procession and this needs to be overseen by the Supreme Court.

However, we still await firm and strict re-iterations on such processions from the highest court in the land.

 

Related:

What was CJP’s PIL seeking directions for implementation of law for regulation of religious processions all about? 

CJP FILES A PETITION FOR LEGAL AID TO NRC EXCLUDED PERSONS IN ASSAM

CJP’S LOVE JIHAD PETITION: SC ISSUES NOTICE TO UP AND UTTARAKHAND

CJP PETITIONS NHRC OVER COMMUNAL CLASHES IN MADHYA PRADESH

CJP MOVES SC TO INCLUDE MP, HP IN ITS ‘LOVE JIHAD’ PETITION

The post Violence breaks out after controversial route of a procession passes Mosque in Karnataka’s Haveri, 15 detained appeared first on SabrangIndia.

]]> Are both state and non-state actors to be blamed for this attack on religious places of the Muslim community? https://sabrangindia.in/are-both-state-and-non-state-actors-be-blamed-attack-religious-places-muslim-community/ Thu, 16 Feb 2023 08:19:05 +0000 http://localhost/sabrangv4/2023/02/16/are-both-state-and-non-state-actors-be-blamed-attack-religious-places-muslim-community/ From hate speech to physical acts of violence, from UP to MP, instances of hate crimes by Hindutva outfits are being reported

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Videos of Hindu Mahasabha members threatening to remove Muslim shrines from across India are making rounds on the social media. This hate speech was reported from Chhatarpur, Madhya Pradesh. In the said video, a group of people can be seen standing and giving a hate speech. The first speaker says that he will ensure that when a Hindu nation is established, the country gets rid of all the shrines (Mazhars) too. He further said that tales will only flow from temples, and the fears of the Maulanas will come true as we have taken the oath of establishing a Hindu nation and destroying their property.

The second speaker, a woman donning an orange dupatta over her saree, can be heard saying “akhand bharat ab saakaar chahie, aatanki kasab ke rakhto se miti ka rang lal chahie, hindu-hindutva-yug-sanskaar chahie, ho faulaadi bhagwa dhaari, Delhi ke takht par yogi sarkaar chahie.” Through this Islamophobic and communal so-called poetry, the speaker compares the Muslim community to terrorism convict Ajmal Kasab, who was given the death penalty. She is asking for the blood of Muslims to flow like that of Ajmal Kasab, and urges the Hindu extremist outfits to achieve that.

The third speaker begins with his communal diatribe by saying that in the year 1947, they (Muslims) took the oath of Ghazwa-e-Hind. He then says that even in 1947, the Hindus were duped, and for 70 years, we have been getting duped. The speaker then spreads misinformation by saying that Jawaharlal Nehru was an Islamic leader, who brought in the end of the Hindu saga. He then urges the Hindus to get serious about establishing the Hindu Nation, since the Hindus have nowhere to run to.

The next speaker then proceeds with spreading this anti-Muslim communal agenda and says that in not much time will the Hindu Rashtra be established now as the Hindu citizens are aware of what is happening in our country. He further says that if a Hindu nation is not established, we will have to give up on a lot of things. He then issues threats in the air that now that all the Hindus are one, they are coming to establish a Hindu nation.

As can be observed from the translation of the hate speech made by the Hindu Mahasabha members, provocative, misinformed and anti-Muslims comments are made with an air of impunity. The speakers have not even tried to disguise the message of violence that they are promoting by instigating the Hindu population to get rid of Muslim population for the establishment of a Hindu nation.

The video can be viewed here:

 

 

While the Hindu Mahasabha members limited themselves to provoke anti-Muslim sentiments, the members of Vishwa Hindu Parishad and Bajrang Dal were a step ahead by directly attacking a mosque under-construction. This incident reportedly took place in Banda, Uttar Pradesh, where VHP and Bajrang Dal members vandalized an under-construction mosque by claiming it was illegal. The video shows a herd of men attacking an under-construction mosque using sticks and bricks, breaking down the equipment being used, protesting and sloganeering on the roads, and thereby jamming the roads. While this was no peaceful protest, the police can nevertheless be seen just standing while this display  brazen/shameless performance is going on. The mob can be seen shouting “Jai Shree Ram” as they vandalise the mosque, in the presence of police.

This “protest” was held by the members of the extremists Hindutva outfits as, according to them, the mosque was constructing a second level illegally. This “protest”, wherein harm was also done to public property, reportedly went on for half an hour. Till now, the Hindutva extremists had used a bulldozer to illegally demolish structures of religious and cultural importance to the Muslims, even their homes and hearth, but now it seems that the Hindu swords and sticks are going to be enough to take the laws into their hands.

Towards the end of the video, Chandramohan Vedi, the district head of VHP was heard saying that the permission for construction was given to the Mosque, but not for constructing two levels on it. He said that they wanted to authorities to come and see how the permission was being misused as two more levels were being constructed, and that is why they are protesting on roads. The extremist Hindu outfits find it fit to violently attack on property as a way of demanding attention from the authorities. And since they hadn’t gotten the required attention, they also found it fit to take the law into their hands and take action themselves only.

The video can be viewed here:

 

 

The Banda police then, on the morning of February 16, issued a statement in which they said that they will have to enquire into the illegal acts that are happening in the Mosque as the foundation is being constructed. No reference was made in the statement of the police regarding the violence that was showcased during the “protest” by the VHP and the Bajrang Dal. Thus, in addition to standing quiet while violence ensued, the police sided with the Hindutva outfits in their statement regarding inquiry too.

The video can be viewed here: 

 

 

Related:

Love in times of Bhagwa: Bajrang Dal and Shiv Sena causes disruptions in many parts of the country, harass couples on Valentine’s Day

Chhattisgarh: Sahu Samaj leader calls for mass violence against Muslims

Scapegoats and Holy Cows: Crime and Justice Delivery in the Age of Sectarian Nationalism

Madhya Pradesh: Church Defiled by miscreants, ‘Ram’ written on walls

Dalit boy found hanging from tree in Uttar Pradesh village

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