The Report of the National Minorities Commission (NCM) on the Latehar Hangings in Jharkand severely indicts the Jharkand Police and the Political Class for Failing to Reign in the Gauraksha Samitis who are taking Law into their own hands

Deep and widespread communalisation of sections of the Jharkand police force, and slogans like ‘go-to-Pakistan’ were frequently used by the local police against the Muslims, pointing towards a larger communalisation of the state police, says a report of the National Commission for Minorities (NCM) after a team visited Latehar on the brute violence. The report, finalised on May 18 is an indictment of the authorities. Chairperson of the NCM, Naseem Ahmed speaking to Sabrangindia said that the findings contained in the report were self-explanatory. The Report can be read here.

Farida Abdulla Khan member of the team that visited Latehar was categoric. “Sections of the police are seriously implicated,” she told Sabrangindia, “ and there is palpable anger among local Muslim residents against them. “But much more crucial is that this is a communal issue that has been consistently and deliberately fanned politically. So it has to be tackled by the political establishment. The Gau Raksha Samitis etc are on the rampage and unless a clear and direct message from the political establishment is sent out, this kind of violence is not going to stop.

In an incident shockingly reminiscent of the Dadri lynching, a 12-year-old Muslim boy and a Muslim man herding eight buffaloes on their way to a Friday market were beaten up and hanged to death from a tree by suspected cattle-protection vigilantes. The initial report and photographers were pasted on facebook by Ashif Nawaz. The double murders  of the two Muslims [Mazlum Ansari, 32, and Imteyaz Khan] took place in Balumath, Latehar district of Jharkhand on March 18-19.

Mob rule has been the name of the game since the NDA II government came to power.   On April 2, the mutilated body of Mustain Abbas, was found in a drain near Masana village in Kurukshetra, Haryana, after the family belonging to Nai Majra in Uttar Pradesh had spent nearly a month looking for the 27-year-old. Both Jharkand and Haryana are ruled by the Bharatiya Janata Party (BJP).

In what the report terms “brazen communal reaction”, there is an instance where one sub-inspector of the Chandwa police station, Ratan Kumar Singh, who is said to have “physically attacked several of the protestors and used extremely provocative, abusive and communally charged language against the Muslims”. Many local Muslim residents of the area talked about Singh’s communal prejudices and said that his presence at the protest aggravated the violence. Ms Farida Khan pointed out that the Muslims of the area were so angry that the families of the victims refused to take the compensation of one lakh rupees that the state government had announced.
It is almost two months after the gruesome lynching of two cattle traders in Latehar, Jharkhand, that this fact finding report turns the gaze again on this brutal killing that had fallen off the national media map. The NCM has questioned the role of the state police in containing the simmering communal tension in the area. The two NCM members who led the fact finding team, Farida Abdulla Khan and Praveen Davar, found that the police ignored several complaints from the Muslim community against regional cow vigilante groups prior to the incident.

Two cattle traders, Majloom Ansari (32) and Imtiaz Khan (13), were beaten and hanged to death by some cow vigilantes in Jhabbar, Latehar on March 18, 2016 when they were travelling to the nearest fair to sell their cattle. Five men, all allegedly belonging to the local Gau Rakhsha Samiti, have been arrested in the case.

A prominent Hindu seer associated with a cow protection vigilante group is accused of fomenting hatred against cattle traders and directing his followers to target and kill them in Jharkhand’s communally sensitive Latehar district that saw two cattle traders murdered on March 18.  Family members of the victims, Muslim villagers, political leaders and rights activists of Latehar on Monday unanimously held Acharya Gopal Maniji Maharaj, a katha vachak (preacher) of the Bharatiya Gau Kranti Manch, responsible for the gruesome killing of Mazlum Ansari, 32, and Imteyaz Khan, 13.The Hindustan Times  reported that Latehar police have arrested five suspects, including a member of a local cow protection vigilante group, for the murders. Police superintendent Anup Birtharay declared it a criminal incident aimed at looting cash and cattle. But ruling parties are crying foul over the police probe.. “We have concrete information that a few Bajrang Dal activists from Balumath block had recently gone to Delhi to meet the seer,” said Madan Pal, member of a prominent human rights group Jharkhand Jansangram Morcha. He alleged the activists returned on February 28 and carried out the killings.

Recommendations:
(A) Pertaining to the incidents in Hazaribagh
 
1. Loss in each shop/house should be properly assessed and adequate compensation be paid to each victim.
2. State Govt must issue strict instructions to the District Administration to explore if the Ramnavmi celebrations could be restricted to only one day as in other parts of the country.
3. All perpetrators and instigators of violence must be identified and proceeded against as per law and a speedy trial.
4. Mohd Hafeez, whose forearms have been shattered in an attack should be provided urgent medical attention by referring him to AIIMS, Delhi. 

(B) Pertaining to the incidents at Latehar:
1. Adequate compensation should be given to the victims’ families at the earliest possible.
2. All efforts be made to punish the guilty and all those associated with the crime either directly or indirectly.
3. Immediate steps to be taken to monitor the Gau Rakshak Committees and to take serious action against those who are attempting to create communal tensions and encouraging vigilante groups into taking the law into their own hands.
4. The Muslim community must be reassured about their physical safety and protection of their livelihoods.
5. The events of 18/03/2016 should be properly screened and charges against the innocent to be dropped.
6. Serious allegations against Ratan K. Singh Sub-inspector Chandwa Thana be investigated and appropriate action be taken.

Communal police actions
The report was finalised on May 18 and sent to the Jharkand government and the aministration, locally. The Centre’s standard response reportedly has been that this is a ‘state issue’.

The report notes that the police acted in a brazenly communal manner with the protestors who came to file a report after the killings. The protest had turned violent with the police resorting to lathi charge and firing in the air. “When we visited Balumath and Nawada villages from where Ansari and Khan came, the Muslims told us that its anger against the police was cumulative as the local police did not take any action despite their repeated complaints over the last few months against the cow vigilantes. ” Farida Abdulla Khan told Sabrangindia adding that villagers complained that the cow vigilante groups often threatened them to stop their business or face consequences.

She said that the Muslim residents have traditionally been in the cattle trading business. “They bought cattle from the market and sold them on a marginal profit. There is no slaughter involved,” she explained. The report says: “…attacks on the (Muslim) community, especially those dealing with cattle trading, have been taking place and increasing in number and viciousness over the last two or three years. Muslims rearing and trading in cattle are being threatened, harassed and physically attacked, and although they have approached the authorities over this, no action has been taken against any of the perpetrators.”
The report also says that the emergence of Gau Raksha Samitis in the area is a relatively new phenomenon. “The residents mentioned a Baba Gopal Maniji Maharaj from Dehradun who started coming to the region in 2012 and initiated this movement which has since become more widespread… the locals report that at meetings of these committees, there is incitement to hatred and an attempt to target Muslims in the name of protection of cows.”

The findings of the committee are in keeping with reports that cow protection committees are centrally managed  by Hindutva groups spread across India and have come to enjoy political patronage especially in BJP-ruled states.

Noteworthy is that the Jharkhand administration was reluctant to admit the association of the five people arrested with cow vigilante groups. “Gau Raksha Samiti activities are a parallel event and there is no direct link to the killing. The group’s members had assaulted some villagers earlier but there is no direct bearing of this on what has happened now,” Latehar superintendent of police Anoop Birthare had said.  The BJP chief minister Raghubar Das, too, towed the Hindutva line in the aftermath of the Latehar incident. “There is a lot of cattle-smuggling in the area. Just like Uttarakhand, in Jharkhand trafficking cows across the border is not permissible,” he had said in his initial response, while quoting the Jharkhand Bovine Animal Prohibition of Slaughter Act, 2005 that bans cow slaughter and transporting cows outside the state. It was only after it was pointed out that the two cattle traders had not violated the law that he asked his officials to take quick action and prevent such incidents in the future.

The NCM report has recommended that the case be handed over to the Central Bureau of Investigation to ensure quick delivery of justice to the aggrieved families. It also says that stern action should to be taken against Ratan Kumar Singh and any one engaged in incitement to communal violence. The team also recommended that compensation for the affected families be increased to 3.5 lakh rupees, already in the state government’s provisions.

Hazaribagh violence
The NCM team also visited Hazaribagh, witness to Hindu-Muslim riots during the Ram Navami procession on April 17. “Over a dozen shops and several vehicles were set ablaze by the mobs. We were told that the puja committees are advised every year to avoid playing songs that are directed against any community. All these check lists are given to them every year and although they agree to abide by these, they circumvent it by using one excuse or the other. Such songs with twisted lyrics were being played for last many years defying the orders of the administration. Though opinion varied, it appears the tenor of the songs played this time was much sharper in their anti-minority bias. A large number of participants consume heavy quantities of liquor which adds to making the situation more aggressive,” the report notes about the Hazaribagh violence.

“The minority community showed us damage that they had to bear because of the riots and that the state administration has not estimated their losses well. No compensation has been paid to them. They also complained that neither the police nor any of the neighbours came to their rescue when their shops and houses were being set on fire,” said Khan.

Communal riots had broken out when the members of a Hindutva group played certain allegedly anti-Muslim songs in the procession. Khan said that just like Latehar, the Muslims of Hazaribagh complained about frequent threats by Hindutva groups. “This ‘go-to-Pakistan’ slogan against Muslims and other such unpronounceable abuses, are slowly being used as the main weapon to attack the minorities in Jharkhand,” said Khan.

The NCM team has recommended adequate compensation for the riot victims and punishment for those who were involved in the riots. In addition, it has instructed the district administrations to “explore if the Ram Navami celebrations could be restricted to only one day as in other parts of the country”. Even in the past, Ram Navami processions have acted as the trigger for communal violence in many parts of the country.
Khan drew parallels between the Jharkhand incidents and the Muzaffarnagar riots and Dadri lynching case. “In all these cases, we have found that the minority community has lost faith in the administration. Despite the fact that they had to live under constant threat, they were absolutely stunned by the way the two persons were killed,” the NCM member said, while talking about the impunity Gau Raksha committee members enjoy in the present times.

That Hindutva groups have gained confidence after the BJP has come to power and enjoy a greater degree of impunity than in the times of the previous government is difficult to disagree with. The BJP-ruled states have increasingly become prone to communal polarisation in the last two years. Even certain BJP parliamentarians have resorted to making  hateful statements against minorities. Given this context, the NCM report pointing to the Jharkhand administration’s complicity in Hindu majoritarian propaganda or even lack of interest in protecting the rights of Muslim citizens is not just significant but a timely reminder of a volatile situation.
 
 

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Indian Parliament is on the  verge of passing a freshly  drafted, preventive detention leg islation, the Criminal Law 
Amendment Bill, 1998 (CLA) that is a brazen measure aimed at stifling democratic dissent and which, moreover exposes a sinister motive of incorporating a preventive detention law permanently within the criminal law statute.

Inherent to all preventive detention laws are severe curtailments of basic rights of the citizen, rights related to grounds for arrest, detention, fair trial and other crucial checks and balances on a law and order machinery that, with arbitrary power under law, could well misuse these against the detainee.

The present Bill was introduced by the ministry of home affairs under Congress rule in May 1995. The draft of the new legislation proposed then to replace TADA after toning down some of the harsher provisions contained within TADA. The government proposed to rush it through with open support of the Bharatiya Janata Party (BJP) but this attempt was stalled. A working paper circulated by the Law Commission in early 2000 with the revised draft, the CLA, 1998 reveals that the proposed law is a replica of TADA, with some additional draconian features brought back in. Following highly critical feedback on the new Bill, the Law Commission,  is currently working on a revision of the working paper that is likely to be ready in April 2000.

The working paper of 1999 reveals a narrow and partisan view of the political situation in the country and our recent political history. The section Security Situation in the Country  contains statistics and other data concerned with acts of violence in Jammu and Kashmir, Punjab and the North-East. The Religious Fundamentalist Militancy section mentions that Muslim militancy increased after the bomb blasts in Mumbai, but there is no mention at all of the events before and on December 6, 1992 and the nationwide holocaust that followed.

In 1985 the following clauses contained within TADA were removed from the new Bill. They now re-appear in the CLA Bill of 1998.

Ø The pernicious clause (section 15) which made confessions before police officers admissible as evidence was deleted

Ø The right of appeal to the High Court (and not only to the Supreme Court was restored

Ø Restrictions on the right to bail were removed following judicial direction in Hitendra Thakur v/s State judgement, SC 255.

Ø Section 5 of TADA that had been incorporated into the new Bill, the section pertaining to the mere possession of arms in a notified area constituting an offence was also removed. This followed the SC judgement in the Sanjay Dutt  v/s State through CBI (1994 5SCC 410). This section is now back.

Ø Section 22 of TADA, 1987, also incorporated in the new Bill, which substituted a test identification parade with photo identification was deleted. This provision in TADA had also been held by the SC to be illegal in Kartar Singh. It is now back.

The new Bill sets dangerous precedents in the already black history of preventive detention in India

Ø TADA had to be specially notified in areas that were deemed to be fit for the operation of such a law, the CLA will automatically operate throughout the length and breadth of the country.

Ø The proposed CLA Bill, 1998 will remain in force for five full years. The Law Commission is of the opinion that India requires a permanent anti-terrorist law in view of the alarming  proportions that terrorism has acquired over the past few years.

Ø Modeled on UK and US Anti-Terrorism legislation, a factor that the government is using as justification, the CLA, 1998 omits critical features of accountability contained in the originator legislations. In those countries, government is bound to present annual details of arrests and convictions on the floor of Parliament to ensure a measure of accountability. No such measure of government accountability is contained here.

Ø In the wake of the bomb blasts in Coimbatore in February 1998 (that incidentally also followed three months after brutal bloodletting against the city’s Muslims in November 1997, the Tamil Nadu government enacted the Prevention of Terrorist Activities Act (POTA) which was only recently repealed due to sustained campaigns in that state. In early 1999, the Maharashtra government brought in the Control of Organised Crime Act, 1999 which also contains the most draconian provisions of TADA.  In such a situation, what will the combined effect of a surfeit of preventive detention be except to unlawfully and unconstitutionally vest more and more arbitrary powers with the police?

Ø Article 4 of the International Covenant on Civil and Political Rights (ICCPR) to which India is a signatory since 1979, permits states to derogate from certain sections when there is a ‘public emergency that threatens the life of the nation,’ and only ‘to the extent strictly required by the exigencies of the situation.’ This qualification makes it difficult to justify the application of CLA indiscriminately to all parts of the country.

India has a abysmal record of blatant human rights violations that include systematic encounter killings by the law and order machinery or security forces (note the senseless killings of four innocent Kashmiri Muslims near the Zontangri peak to ‘avenge’ the massacre of 35 Sikhs allegedly by foreign militants at Chitti Singhpora on March 20 by the Indian army and the police), a pathetic record of deaths and brutal torture in custody and a non-existent adherence to basic criminal law procedures in matters of arrest, detention and questioning. A new law that grants further immunity to the Indian state and the police from checks and balances from arbitrary misuse, is to put it mildly, ominous.

We are also a state with the longest history of preventive detention since our Independence barring the three-year period between 1977-1980. The worst human rights record was during decade-long existence of the Terrorist and Disputed Activities (Prevention) Act, 1987, the legislation first introduced in 1985 in the wake of Operation Bluestar in the Punjab and prime minister Indira Gandhi’s assassination and thereafter extended for a two year period until it was finally repealed on May 23, 1995. The repeal of TADA followed burgeoning protests from the human rights’ movement all over the country. 

Justice Ranganath Mishra, then chairperson of the National Human Rights Commission had publicly stated that the act had ‘been prima facie abused in Gujarat.’ He convened a meeting on August 22, 1993, at which several chief secretaries and home secretaries of states were present, to push for the review of its application. 

The official admission of allegations of misuse of TADA is evident from a letter by former union home minister, S.B.Chavan, dated July 27,1994 to the chief ministers of all states where TADA was applicable. The letter emphasised that TADA should not be used against political opponents, trade union leaders, journalists, former judges and civil servants. The very need for such a letter is evidence that such abuse of the law had been taking place.

The statement of objectives of the Act specified that TADA that is reproduced verbatim within the new Bill, was meant to curtail overt acts of terrorism in Punjab and Haryana. A spate of terrorism-related violence in the two years that followed between 1985-87 exposed the ineffectivity of TADA for the specific purpose that it was ostensibly enacted. 

On the contrary, TADA in ten years of its existence was actually used, highhandedly, against the Indian civilian population in different states, albeit those sections that the police and governments decided were most inconvenient at that particular moment in time. 

TADA was used to stifle any form of democratic protest. For example, 57 women belonging to the progressive organisation of women protesting against GATT were arrested under TADA in  Nandyal in Andhra Pradesh during a prime ministerial visit. By 1995, in 22 of the 25 states TADA had been notified for application. In ten years a staggering 52, 998 persons were arrested all over the country under TADA, of which only 448 were convicted. The rate of conviction of TADA detainees  was less than one per cent.

Maximum TADA detentions took place in the state of Gujarat that arrested 19,000 persons under that law. Trade unionists, environmental activists and citizens belonging to the minority community were the sufferers. The tale of Mumbai in December 1992-1993 is a sorry record of partisan and brutal police behaviour (see pages 23-24) against the state’s minorities. In the aggression and frenzy unleashed by the Maharashtra and Mumbai police following the bomb blasts of March 1993, members of the minority community were threatened with indiscriminate arrests under TADA and huge monies extorted from them under this threat. Muslim businessmen had then alleged that as much as Rs. 25 crores had been extorted from them in this fashion. 

The National Minorities Commission also passed a unanimous resolution condemning the misuse of the law against the minorities. Justice Rajinder Sachar, a retired chief justice of the Delhi High Court and senior functionary of the People’s Union for Civil Liberties (PUCL) had stated on record, “TADA is being misused…After Bombay (bomb blasts) many Muslims have been arrested under TADA.”

The revised CLA retains the earlier definition contained within TADA of a ‘terrorist act.’ However under section 3(1) it widens the scope of the definition. Apart from intentions to overawe the government, strike terror, alienate any section and adversely affect harmony, the definition of a terrorist act  has been expanded further.

To this already wide definition, the Law Commission has added the words, ‘threaten the unity, integrity, security and sovereignty of India.’ This section three is very wide and over-arching in its definition and scope. It includes within it acts that are both violent and non-violent.

 Within the political scenario that confronts us at the moment a profound battle rages on. It is a battle for the ideological and political future f the Indian state. Details of the battle apart, a major and contested issue is on what and who constitutes the threat to the unity, security and sovereignty of India. Arguably, some of us feel that the divisive and pernicious politics of the BJP-RSS-VHP-BD combine, overtly manifest in senior functionaries who occupy government posts today and who have as their goal the transformation of the Indian state from its current democratic character to an authoritarian and sectarian one, is the singular and greatest threat to our unity, our integrity and our security. 

Saying, believing and campaigning for what we believe could, for the sake of argument, immediately attract the provisions of these draconian sections. 

The really dangerous aspect of the section is that it seeks to punish political ‘intent’ as much as the act itself. Section 3(1) of the Act states that it is an offence to conspire, attempt, incite, abet, or assist in the preparation of a terrorist act, or to knowingly harbour or conceal a terrorist. Membership of terrorist gangs, holding of property derived from terrorist funds are also offences under the Act.  Section 4(2) also provides that whoever commits or conspires or attempts or abets advocates, advises, facilitates the preparation or commission of a disruptive act or harbours a disruptionist would also come within the purview of this section.

This section clearly violates section 19 (1)(a) of the Constitution that guarantees freedom of speech and expression. For example, a poet or a cartoonist merely expressing the opinion that a plebiscite should be held to determine the future status of Kashmir could well be held and tried as a disruptionist if this Bill becomes law. This means that anyone can be detained for peacefully expressing their views on matters of ordinary political debate and if found guilty would be sentenced for a minimum sentence of five years, considerably longer than the envisaged international human rights standards.

Under section 5 of the CLA enhanced penalties can be given for offences under the Arms Act, 1959, the Explosives Act, 1884, the Explosive Substances Act, 1908 or the Inflammable Substances Act, 1952 “with an intent to aid a terrorist or a disrputionist.” Offences related to the possession of arms have been linked to ostensible acts of terrorism in ways that are bound to make them deadly weapons in the hands of the police.

Section 3(8) of the proposed legislation makes the failure to disclose information to the police to prevent a terrorist act by any person liable to imprisonment for a year. All citizens have a moral duty to assist in the enforcement of law; the failure to do so here makes this omission a penal offence. Another way of legitimising police harassment and torture of relatives and friends of alleged terrorists? 

A critical feature of the Indian Constitution is the separation of the judiciary and the executive (Article 50). The CLA Bill seeks not only to erode this but also to vest extraordinary powers to the executive. The executive that is the government and its wing, the police have been given the power to frame all rules, mete out punishment, prescribe procedures, seize and confiscate property. Under section 6A the investigating officer (Superintendent of Police) can seize or attach property which at the stage of the investigation, he believes to be obtained by terrorist acts or the proceeds of terrorism.

In continuation of the thinking behind TADA, the CLA upholds the logic that special crimes need special procedures. Checks and balances in accordance with the basic rights of a citizen, rights relating to procedures for arrest, detention, ownership of FIRs and other police records, detailed at length in the CRPC, are given the complete go-by. Permanently.

Section 14c) of the CLA provides for not disclosing the identity of the witness even during cross-examination, while section 3(7) provides for the punishment to a person who may threaten the witness. Arbitrary tools for the police. It is a very serious matter that trade unions and other mass movements have been covered within the purview of the act. The provision implied in section 4(1)© is that if such organisations even by mistake become a party to violence, they can be booked under the section of ‘disruptive activities.’

The Bill gives no discretionary power of bail to the Court unless by prior consent of the public prosecutor. This provision from TADA was grossly misused especially in Gujarat. 

The Bill does not allow for appeal on the interlocutory order. Further, the Bill requires that the FIR must be ratified by the DGP within 10 days or the review committee within 30 days: since both are state authorities, it is unlikely that the verification will not take place. Section 13(5) provides that ‘a special court may if it thinks fit and for reasons recorded ….proceed with the trial in the absence of the accused or the pleader.’ 

This could allow for the grossest abuse. Section 18(2)(b) gives unlimited power to the police to retain the custody of the accused for 180 days without filing a charge sheet. Finally, section 17(3) restricts the period for appeal by the accused to only thirty days when Indian criminal law allows for sixty-ninety days.

Ironically all offences mentioned both in TADA and the CLA find mention in the Indian Penal Code –sections 121-A, 122, 124, 124-A, 153-A and 153-B, besides offences of rioting, grievous hurt, murder, dacoity and piracy.  The IPC also contains various offences relating to the Army, Navy and Air Force. In the past, for the protection of defence of the country, a statute like the Defence of India, Act 1962 was enacted which authorised the Central government to make such rules as appeared to be necessary for the Defence of India: civil defence, public safety, maintenance of public order, efficient conduct of military operations and security forces.

The experience of TADA and its brutal and insensitive application to the Indian civilian population is testimony of the desire and designs of a government and law and order machinery that wishes the experience to be repeated. Terrorism was not curtailed then, it was not even contained despite the existence of TADA On the contrary, thorough investigative procedures were given the go-by, dulling the professionalism of the law and order machinery that was simultaneously empowered by a brutal law to become trigger happy and break the law. Do we want this experience to be repeated? 

Archived from Communalism Combat, April 2000. Year 7  No, 58, Special Report 3

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It was an embarrassing moment for many secularists in India watching Bihar’s Laloo Prasad Yadav’s response on Star TV, prime time, as election results from his state pronounced the near rout of his party in Bihar. “Mr Yadav, do you think this is due to the voters’ disenchantment with the government for lack of any development in the state”. “No”, replied Yadav bravely, “the issue in the election was secularism, not development”.

 Can secularism ever be a one–point agenda unrelated to other concerns of people?  
In the midst of the election campaign in August, a Muslim petty trader, Rehman, was burnt alive at a village market in Orissa. One of the eyewitnesses told the police that Dara Singh — the man charged with the torching alive of Graham Staines and his two sons, in the same state earlier this year — was the man responsible for the latest incident. A week later, a Christian priest, Fr. Arul Doss, too, was done to death in the same state. 

The Bajrang Dal, the RSS and the BJP were quick to condemn such brutal killing of minorities in Congress–ruled Orissa. The Vishwa Hindu Parishad even issued a press statement, maintaining that whoever was responsible behind such killings “could not be a Hindu”. But, ironically, the Congress party — the party that swears by secularism, the only party capable of challenging Hindutva on a national plane, the party that depends crucially on minority votes — maintained a deathly silence. 

Is secularism a mere mantra  — to be enshrined in the party manifesto and chanted reverentially on convenient occasions — which has nothing to do with issues like the security of life and property of all citizens, irrespective of their faith? 

Was secularism an issue at all in the Lok Sabha polls of 1999? To begin with, what does one mean by secularism — not in the academic sense but in terms of how it relates to the lived experience of people?
In the 1991 polls, with the Shiv Sena as its only ally, the BJP secured 120 Lok Sabha seats. With three more allies on its side in 1996, the Akali Dal in Punjab, the George Fernandes–led Samta party in Bihar and the Haryana Vikas Parishad (HVP) in Haryana, the BJP’s tally climbed up to 161. Having emerged as the single largest party, the BJP was invited to form the government and given two weeks to prove its majority in the Lok Sabha. 

But it was still a different India three years ago where the BJP was a political untouchable for most politicians. In the 13 days that his government lasted, Atal Behari Vajpayee and the rest of the saffron stalwarts were unable to win over even a single MP to their side. Leave alone party politicians, even those who had fought and won as independents were unwilling to shake hands with the party whose manifesto contained ‘contentious issues’ — 

Ø Building of a Ram Mandir where the Babri Masjid once stood in Ayodhya; 

ØRemoval of article 370 from the Indian Constitution which grants a special status to the state of Jammu and Kashmir;

Ø Introducing a Uniform Civil Code (to replace the different existing personal laws for different religious communities).

Until the BJP’s electoral drubbing in the Assembly elections in UP and elsewhere in late 1993, then BJP president, L.K. Advani, used to revel in the ‘majestic isolation’ of his party. But the acute isolation of 1996 confronted the BJP and its sangh parivar with a difficult choice: retain ‘ideological purity’, remain a political untouchable and make a solo bid to power by hard–selling Hindutva. Alternatively, adopt tactical flexibility and put ‘contentious issues’ on the backburner so as to break out of political isolation.

Since the prospects of coming to power on the strength of its own divisive agenda seemed remote, at least in the current scenario, the BJP and its parivar deviously chose the latter. And reaped rich dividends in the elections of 1998 and 1999. 

The BJP entered the electoral arena for the Lok Sabha polls in February 1998 with 18 allies. Thanks to the alliances, the party improved on its own tally of seats — from 161 in 1996 to 182 in 1998 — and, more importantly, headed a coalition government. But the wafer–thin majority of the BJP–led coalition made Vajpayee hostage to some of his mercurial allies — Jayalalitha being the most obvious. 

On the eve of the 1999 polls, the BJP made yet another quantum leap. In June this year, the Janata Dal, which formed the core of the ‘Third Front’ (the Congress and the BJP being the first two), disintegrated with virtually the entire bulk of the party choosing to ally with the BJP. Leaders like Ram Vilas Paswan and Sharad Yadav, who for years had shouted themselves hoarse at the communalism of the BJP, suddenly had no qualms rallying behind the saffron bandwagon. 

The acceptance of the BJP by virtually the entire political spectrum today is as comprehensive as its political isolation was stark in 1996. If it was Jayalalitha’s AIADMK which teamed up with the BJP in 1998, this time it’s the DMK in Tamil Nadu. If Farooq Abdullah’s National Conference decided to extend support from the outside to the Vajpayee–led government in 1998, this time it fought elections as part of the NDA and is now a part of the government at the Centre. The Telugu Desam Party’s Chandrababu Naidu fought against the BJP in the 1998 polls, agreeing to extend support to the Vajpayee government from the outside only subsequently. This time, the TDP and the BJP jointly fought the Congress in Andhra.

The BJP, which led an 18 party alliance in 1998, now counts on 24 allies. In theory, it now has to lean on many more parties to stay in power. But in practice it also means there are over 300 MPs behind Vajpayee in the Lok Sabha against the precarious figure of 273 in a House of 544. 

What does this augur for secular politics in India?  
Even for some secularists, the present political arrangement is not such a bad thing after all. With only 182 seats of its own — exactly the same number that it had in the last Lok Sabha – the BJP depends crucially on people like Chandrababu Naidu, M. Karunanidhi, Mamata Bannerji, Ramvilas Paswan, Ramkrishna Hegde and others. None of them can afford to ignore minorities’ votes in their respective regions and constituencies. The continued dependence of the BJP on these leaders and parties for their continued hold on power also means, according to these secularists, that issues like Ayodhya, article 370 and the Uniform Civil Code continue to be kept in abeyance. Such a grand alliance also means strengthening the ‘moderates’ and the ‘liberals’ and weakening the hold of the hawks within the sangh parivar. 

If Ayodhya, article 370 and the Uniform Civil Code was all that Indian secularism was about, there may have been some merit in such wishful thinking. But the ‘evil genius’ of the sangh parivar lies precisely in its ability to have, for all practical purposes, reduced the issue of India’s secularism to the BJP’s postponed agenda. 
Be it the reporters who raised questions at BJP’s press conferences during the electoral campaign, or TV anchors and even unsympathetic expert commentators who quizzed BJP leaders before and after the election results, or political parties who in their electoral campaign charged the BJP with playing communal politics. Hardly anyone went beyond asking the BJP to state for how long the issues of Ayodhya, article 370 and the Uniform Civil Code would remain postponed. 

Responding to these queries was, at the worst, a little awkward. Being past–masters in the art of double–speak, different leaders of the BJP and different segments of the sangh parivar said different things at the same time; or the same leader said different things at different points of the electoral campaign. The net result of this was Advantage BJP – the statement of one general secretary, Venkaiah Naidu, convinced the ‘liberals’ and the fence sitters that the BJP is turning ‘moderate’; the statements of another party general secretary, K. Govindacharya, reassured the core supporters of Hindutva that the party remains committed as ever to the Hindu Rashtra ideology.  

Neither the avowedly secular political opponents of the BJP, nor the print and electronic media thought it necessary to educate the voter how in the brief tenure of the BJP at the Centre and in states like U.P. and Gujarat —
Ø Life has come to mean endless anxiety, at best, for Christians and Muslims in Gujarat for nearly two years. After several independent fact–finding teams sent by civil liberties organisations and the National Minorities Commission had established numerous instances of attacks on minorities in Gujarat, Prime Minister Vajpayee, the most ‘liberal face’ of the BJP, visited the state only to return with a call for a “national debate on conversions”.  

Ø There is a sustained effort to infiltrate, capture and pack educational and cultural institutions with men and women known primarily for their commitment to RSS ideology. One such RSS leader, who is now going to decide what children should be taught in schools, proudly asserted in his autobiography how he killed a Muslim woman in 1947 because too many Hindus wanted to enslave her for their own lust! (See Pg. 22). 

Ø For the sangh parivar, Kargil became a convenient pretext to communalise the Indian armed forces.

Ø Attacks on minorities have continued before, during and after the present polls in Gujarat, Orissa and Kanyakumari by votaries of Hindu majoritarianism.

Ø It is not for nothing that both in the previous government and yet again, the home ministry (crime and punishment), the human resources development ministry (education and culture) and the information and broadcasting ministry (mass communications) were retained by the BJP at the insistence of the RSS. 
There can be no doubt that through Vajpayee’s earlier tenure as Prime Minister, and now, the saffron project continues to be advanced through other means, even while ‘contentious issues’ have been put on the back–burner — postponed agenda. Avowedly secular parties, political pundits and the print and electronic media have no perspective of building mass campaigns to raise public awareness on these very concrete issues that directly concern people. They could also be used to mount pressure on many of the BJP’s allies who still claim to have nothing in common with saffron politics. Otherwise, secularism will be progressively reduced to a mere chant, while the sangh parivar increases its stranglehold over society, and state. In preparation for the future Hindu Rashtra..

Archived from Communalism Combat, November 1999, Year 7  No. 53, Polls 99 1

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The electoral arena in the 90s has taken a qualitative turn for the worse. The earlier electoral equation, Congress vs. the Janata Dal/Janata Party and its allies, has been replaced by a triangle with first the BJP and now the BJP and its allies as the base of the triangle. Of the two other arms of the triangle, one is the Congress and other is the declining Third Front.

Progressive groups and individuals are faced with a serious dilemma as far as voting in various constituencies and campaigning is concerned. Barring the Left parties — whose secular and democratic credentials are strong — and the other earlier constituents of Third Front — though they had earlier stood on secular and democratic ground, many of them now seem to be wavering — both the major combatants in the electoral battle field are tainted with communalism of different varieties. It is in this context that the stance of the Left in singling out the BJP as THE communal force, to be isolated and dumped on a priority basis, has come for criticism from certain friends and groups from the liberal, progressive and left spectrum. Bringing to our attention the gory deeds of Congress in subtly tolerating communalism, these radical elements are advocating equi–distance from the BJP and the Congress. I would like to examine the pitfalls of this equi–distance thesis in this article. Congress and Communalism: Right since its inception, the main thrust of the Indian National Congress has been to struggle for a democratic, secular India at the formal level. At the same time, there has always been a weakness to accommodate and tolerate communal elements, more so Hindu communal elements. Some of the major leaders of the Congress had strong streaks of Hindu nationalism. The important ones in this category include Lala Lajpat Rai, Pandit Madan Mohan Malaviya and Dr. Munje (one of the founders of RSS). Many leaders of the Hindu Mahasabha were also the members of the Congress. Dr. K. B. Hedgewar, the first Sarsanghchalak (supremo) of the RSS founded in 1927 was formally in the Congress till 1934. In the pre-Independence era, the Congress acted merely as a platform, the dominant part of it being secular and democratic as represented by the leadership of Mahatma Gandhi and Pandit Nehru. 

Undoubtedly, Hindu communal elements within the Congress put pressure from within to supplement the agenda of the Hindu Mahasabha and RSS, to act as the opposite and parallel of Muslim communalism represented mainly by the Muslim League. With Partition, formation of Pakistan and the migration of theMuslim elite from different parts of the country to Pakistan, Muslim communalism in a way got deflated.But it did survive in the Indian polity, assuming strident postures at crucial times like the Shah Bano case etc, to provide much needed prop to Hindu communalism. 

The Congress underwent major transformation in the mid–sixties. Though it continued to pay lip service to secular rhetoric, apart from appeasing the fundamentalist sections of Muslim community, it did little to ameliorate the conditions of minorities. Also, the state apparatus started getting infiltrated by the Hindu communal elements — RSS trainees — who at the grass root level started giving a Hindu slant to the policies of a formally secular state. It is due to these factors that Muslims started getting discriminated against in jobs and social opportunities. They also became victims of anti–Muslim violence led by Hindu communal organisations, supported and abetted by a  ommunally infected State. The Congress was not principled enough to oppose and curtail this as a section of its leadership was either ‘soft communal’ or had no qualms in compromising with and promoting Hindu  communalism. 

During these years the principal project of the Congress was to build a strong Indian State. In this process it started suppressing ethnic and regional aspirations and imposed the Indian identity and laws on many
ethnic groups and regions by force. The Congress pursued the policy of relentless centralisation and intervened in state affairs at every minor pretext. This led to situations of insurgency in the Northeast, Kashmir and Punjab. In Punjab and Kashmir, the worsening situation was allowed to take a communal turn. The anti–Sikh pogrom led by the Congress in 1984 can be said to belong to this category of repression of ethnic aspirations of Sikhs. 

But as Aijaz Ahmed pointed out some years ago, Congress communalism is a pragmatic one that has been used by it time and again to ‘solve’ some other problem, for example, suppressing  thno–regional aspirations (Economic and Political Weekly, June 1,1996, Pg. 1329). They have to be contrasted with the systematic and sustained anti–Muslim violence whose ideological roots lie in the very concept of Hindu Rashtra. 

Hindu Communal Politics: The basic premise of the RSS is to work towards the goal of Hindu Rashtra and as its political arm, the BJP, is committed to help in the realisation of that goal. Since 1986, the BJP has pursued the aggressive agenda of Hindu Rashtra through the Ramjanambhoomi campaign leading to the demolition of Babri Mosque, post–demolition communal violence etc. Most of the inquiry commission reports on communal violence (Jagmohan Reddy, Justice Madon, Vithayathil, Srikrishna and Venugopal) have proved without any shadow of doubt that the various constituents of the sangh parivar have been the major actors in anti–Muslim communal violence. More recently, the National Human Rights Commission, National Minorities Commission and independent human rights groups have highlighted the role of most of the progenies of the RSS in anti–Christian violence. Lately, after realising that it cannot grab power at the Centre on its own on a communal, the BJP has ‘cleverly’ been talking of the need for a ‘National Agenda of Governance’ and a ‘National Democratic Alliance’ to woo the regional parties whose narrow regional interests and tubular vision does not permit them to see the core communal project of BJP. This temporary democratic posture of the BJP is merely for the sake of gradually increasing its vote bank/social base to be able to come to power at Centre on its own so that the agenda of Hindu Rashtra ‘in toto’ can be imposed on society. Till then the decent looking agenda will remain sprinkled with hidden agendas.

In the long term this elite, middle class party will freeze society in the existent social dynamics, taking away the rights of exploited, oppressed and those on lower rungs of hierarchy to struggle for social, economic and gender justice. The communalism of BJP is a cover for a gradually evolving fascism, with the aim of foisting Brahminical Hindu politics on the country. In the words of Aijaz Ahmed, the sangh parivar’s and the BJP’s is a programmatic communalism. 

Equi–distance and comparisons: It is not to say that the other parties are desirable, ideal and capable of sustaining the secular democratic programme. We have seen that the Congress could impose Emergency with ease and pass various anti–democratic legislation time and again. It has often compromised with and aided Hindu communalism. The other parties have also shown manifest inadequacies as far as perusal of democratic principles is concerned.

But all said and done, none of them is driven by the engine of RSS, a fascist organisation wedded to the concept of Hindu Rashtra — a Brahminical–Hinduism based nationalism akin to race based nationalism or Muslim nationalism. This is what makes the BJP a different cup of tea – nay, poison. Historical Precedents: As I have argued elsewhere(Fascism of Sangh Parivar, EKTA, Mumbai, 1999), the sangh parivar is a fascist variant with a number of similarities to European fascism which got strengthened, post–Mandal, in reaction to Dalit, OBC assertion in 1990s. 

In Germany, Hitler rapidly increased his social and electoral base by projecting the fear of a strong workers movement. The triangle there was: communists, Hitler’s National Socialists (fascists) and the Centrists – Social Democrats, akin to the Congress in India. In spite of seeing the methods and dangerous potential of Hitler, communists, who were a substantial force, in a way followed the electoral policy of
equi–distance from Social Democrats (whom they called social fascists) and the National Socialists (Hitler’s party). Though Hitler did not have majority he was able to come to power through negotiations as the opponents had shifting and divided aims and were unable to focus on the real essentials of power while Nazis had unwavering aims and had a firm grasp on ‘real politics’.

The Imminent Dangers: In view of what I have argued above, the BJP should totally be out of reckoning as far as electoral choice is concerned. Just because there is a vacuum of parties with decent secular and democratic credentials does not mean that one lands up supporting a party whose fascist potential is there without any shadow of doubt? What if the Congress, which time and again has used communalism to fulfil its political ambition, benefits from it? Surely, it is an evil whose magnitude is ‘n’ times lower than thedangers of BJP being in power. 

The equi—distance position stance holds no water. The BJP cannot be equated with any other party; it has to be an ‘untouchable’ for us — Historical revenge of the untouchables!

Archived from Communalism Combat, July 1999, Year 6  No. 51, Debate

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