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Showing posts with label Muzaffarnagar. Show all posts
Showing posts with label Muzaffarnagar. Show all posts

May 09, 2023

India: UP Court Convicts two for 2013 Muzaffarnagar riots for gang-rape

 livelaw.in

 2013 Muzaffarnagar Riots: UP Court Convicts Two In A Case Of Gang Rape, Awarded 20-Year Rigorous Imprisonment
Sparsh Upadhyay
9 May 2023 

A trial court in Uttar Pradesh's Muzaffarnagar district today CONVICTED 2 accused in a case of gang rape of a woman during the 2013 Muzaffarnagar riots under Section 376(2)(g), 376-D and 506 IPC. 

The Additional District and Sessions Judge, Anjani Kumar Singh convicted accused Maheshvir and Sikander. Another accused Kuldeep died during the course of the trial. The accused have been awarded 20 years of rigorous imprisonment and Rs. 10,000/- fine under Section 367D IPC, 10 years of imprisonment under Section 376 (2)(g) IPC and a fine of Rs. 5000/- and 2 years of imprisonment under Section 506 IPC.

The victim was among the 7 women who had alleged that were raped during the 2013 riots, however, amid threats, 6 women chose not to pursue their case, leaving only the present victim to contest her case in Court. The sole victim was represented and provided assistance by Senior Advocate Vrinda Grover.

The victim was also represented by Advocates Ratna Appnender, Devika Tulsiani, Soutik Banerjee and Mannat Tipnis.  [ . . . ]

https://www.livelaw.in/news-updates/2013-muzaffarnagar-riots-up-court-convicts-gang-rape-228299

August 16, 2022

India: In Muzaffarnagar, Uttar Pradesh .. far right Hindutva outfit Hindu Mahasabha took out a rally on 15 Aug 2022 with the picture of Nathuram Godse, the assassin of Mahatma Gandhi.

Location : Muzaffarnagar, Uttar Pradesh. On the occasion of independence day, far right Hindutva outfit Hindu Mahasabha took out a rally with the picture of Nathuram Godse, the assassin of Mahatma Gandhi.

 

 https://twitter.com/HindutvaWatchIn/status/1559396100838027264

March 11, 2021

India: 2021 Caste Mahapanchayats or Khap Panchayats that are been talking farmers unity in Muzafarnar / Shamli etc have habitually talked social control over women or promoted caste or communal violence as in 2013

Muzaffarnagar riots: Case closed against BJP MLA accused of circulating inflammatory video
The closure report was filed by SIT and the complainant, a cop, was killed in a mob attack in 2018  

https://sabrangindia.in/article/muzaffarnagar-riots-case-closed-against-bjp-mla-accused-circulating-inflammatory-video

o o 

The 2013 riots claimed over 60 lives, displaced nearly 50,000 people and shattered the Jat-Muslim unity, altering the political dynamics of western UP.

Former union minister Sanjeev Balyan met chief minister Yogi Adityanath, seeking withdrawal of 402 cases registered largely against Hindus during the Muzaffarnagar riots of 2013.
By Manish Chandra Pandey | Hindustan Times, Lucknow, Lucknow

PUBLISHED ON FEB 07, 2018

https://www.hindustantimes.com/lucknow/ex-union-minister-meets-yogi-seeks-withdrawal-of-402-muzaffarnagar-riots-cases/story-IoCMbCfMNES94jMSmBUXLP.html

oo

 A harvest of horror and shame [2014]

https://www.thehindu.com/opinion/lead/a-harvest-of-horror-and-shame/article6342806.ece

o o 

A khap panchayat in Uttar Pradesh's Muzaffarnagar district has has barred women from wearing jeans, t-shirts, skirts, and men from wearing shorts, saying they are part of western culture and hence forbidden.
 
Uttar Pradesh khap panchayat bans half pants, jeans, skirts Read more at: https://www.deccanherald.com/national/uttar-pradesh-khap-panchayat-bans-half-pants-jeans-skirts-960372.html

Read more at: https://www.deccanherald.com/national/uttar-pradesh-khap-panchayat-bans-half-pants-jeans-skirts-960372.html
Uttar Pradesh khap panchayat bans half pants, jeans, skirts

Read more at: https://www.deccanherald.com/national/uttar-pradesh-khap-panchayat-bans-half-pants-jeans-skirts-960372.html

February 09, 2021

February 04, 2021

India: Covenient for Jats to blame the Bharatiya Janata Party for social discord Uttar Pradesh - they were directly involved in in the Muzaffarnagar riots ...

‘Voting for BJP is our generation's biggest regret’: A day with Jat farmers at Ghazipur

The Jats blame the Bharatiya Janata Party for social discord and agrarian distress in western Uttar Pradesh.

ByAyush Tiwari 

https://www.newslaundry.com/2021/02/03/voting-for-bjp-is-our-generations-biggest-regret-a-day-with-jat-farmers-at-ghazipur

July 26, 2019

India - Uttar Pradesh: In 40 of 41 Muzaffarnagar riot cases, all accused are acquitted

The Indian Express

Express investigation: In 40 of 41 Muzaffarnagar riot cases, including murder, all accused are acquitted

https://indianexpress.com/article/india/express-investigation-in-40-of-41-muzaffarnagar-riot-cases-including-murder-all-accused-are-acquitted-5836996/

April 16, 2019

India: post-riot Muzaffarnagar, 5 years on | Smita Gupta

Moving on in post-riot Muzaffarnagar

Smita Gupta

Five years after communal violence wrecked the region, Muzaffarnagar votes again. It remains to be seen if the vote is for re-cementing ties

 

July 31, 2018

India - Muzaffarnagar riots: This graphic narrative tells the story of the courage of seven rape survivors | scroll.in

Muzaffarnagar riots: This graphic narrative tells the story of the courage of seven rape survivors

An excerpt from an account of the steps taken by the survivors to get justice in the face of severe opposition and threats.


“Why were we raped if a boy eve-teased a girl? Did the whole nation go about raping the community of Nirbhaya’s rapists to avenge what was done to her?”
She is someone who could be called S, not because she does not want the world to know her name, but because her identity has to be protected, for the consequences it might possibly have. S is one of the “Muzaffarnagar rape survivors”, of the seven whose ordeal is the collective shame and guilt of our entire country. [. . .]

https://scroll.in/article/888567/muzaffarnagar-riots-this-graphic-narrative-tells-the-story-of-the-courage-of-seven-rape-survivors

 

April 07, 2018

India: Muzaffarnagar Riots - In the Denial of Justice, Politics is Never Far Behind | Kabir Agarwal

The Wire

Muzaffarnagar Riots: In the Denial of Justice, Politics is Never Far Behind

Five years on, the only choice being given to the thousands of victims is to 'compromise' or to watch silently as the cases against the guilty are withdrawn.

Kabir Agarwal

06/Apr/2018

New Delhi: On March 22, The Indian Express reported that the Uttar Pradesh government had initiated the process of withdrawing 131 cases — all naming Hindus as the accused and including 13 murder and 11 attempt to murder cases — relating to the 2013 Muzaffarnagar riots. Earlier, in January, PTI reported that the UP government was ‘mulling’ the withdrawal of nine criminal cases against BJP leaders in connection with the 2013 Muzaffarnagar riots.

While this is being seen as a serious attempt at subverting justice in the riots that resulted in the death of 64 people and left nearly a lakh homeless, it is actually just a plot detour in a longer political drama scripted with injustice as its ending.

As of now, the cases have not yet been withdrawn. The UP government has sought the opinion of the district magistrates (DMs) of Muzaffarnagar and Shamli — the two riot-affected districts — on the withdrawal of cases. The Indian Express, in its report has revealed the precise question asked, “In connection with the withdrawal of cases, your clear opinion on public interest with reason.” This is one among the 13 points relating to the riots on which the UP government has sought the opinion of the two DMs.

If the two DMs do not agree to the withdrawal of cases, the effort of the UP government fails then and there.

If the DMs decide to recommend the withdrawal, their wishes will be conveyed to the courts concerned via the public prosecutor. According to Vrinda Grover, a Supreme Court lawyer who is representing some of the victims of the Muzaffarnagar violence, even if the public prosecutor recommends withdrawal of prosecution, under the law it is the court which has the power to accept or reject his proposal.

Section 321 of the Code of Criminal Procedure (CrPC), 1973, is the relevant law that deals with ‘withdrawal from prosecution’.

“Implicit in the grant of power under section 321 of the CrPC is that such withdrawal should be in the interest of justice. It is settled law that the court will allow withdrawal of prosecution only if it upholds the interest of justice,” said Grover.

“In the case of the Muzaffarnagar riots, withdrawal of cases cannot be in the interest of justice because it is the job of the state to protect the right to life and property of all citizens, including Muslim victims who were targets of the communal violence” Grover added.

UP chief minister Adityanath. Credit: PTI

CM Adityanath has sought the DMs’ opinion but even if the public prosecutor recommends withdrawal of prosecution, under the law it is the court which has the power to accept or reject the proposal. Credit: PTI/Files

The administration, too, it appears would be reluctant to recommend withdrawal. A senior official within the administration of one of the districts concerned told The Wire, “District magistrates don’t give permission to withdraw cases where there has been rioting. It may happen in the case of violence during protests. But, not riots,” said the official.

Interestingly, however, this is not the first attempt by a government in the state to seek withdrawal of cases relating to the Muzaffarnagar riots. In 2014, Akhilesh Yadav, then the chief minister of UP, had also sought the opinion of the Muzaffarnagar DM on withdrawal of cases against Muslim leaders accused of inciting violence. That letter also sought the DM’s opinion on 13 points, one of which involved withdrawal of cases. At the time, the BJP had criticised the move accusing the government of playing ‘appeasement politics’.

Yadav’s efforts came to nought, though, as the DM did not recommend withdrawal of cases.

The BJP does not appear to have learnt a lesson from Yadav’s failed attempt. Or is there more to it than meets the eye?

Sanjeev Balyan, Bharatiya Janata Party member of parliament from Muzaffarnagar, a former Union minister, and an accused in the Muzaffarnagar riots case is being represented by Chandraveer Singh, a lawyer based in Muzaffarnagar. When Singh learnt that the UP government was moving to withdraw the case, he spoke to Balyan. “I asked him if I have to file a leave or is the case being withdrawn. He said file the leave,” Singh told The Wire.

Singh infers from Balyan’s response that “he knows the cases will not be withdrawn.” According to Singh, the entire exercise of writing letters to the DM seeking withdrawal is a charade. “It is all about political gains before the 2019 elections. The BJP thinks it is losing ground in western UP. They want to send a message to the Jats that they are working to withdraw the cases against them, even when they know these cases will not be withdrawn in this manner,” Singh said.

Why are Jats crucial to politics in western UP?

The Jats are a community that political parties can ignore only at their peril. They form a sizeable proportion of the electorate in Western UP and are a politically influential community in the region. Traditionally, the Jats of Western UP have supported the Rashtriya Lok Dal (RLD). But, in the 2014 Lok Sabha elections, they deserted RLD and voted in large numbers for the BJP following the polarisation that occurred after the Muzaffarnagar riots in which Jats were pitted against Muslims.

The RLD even lost the Baghpat seat where its national president Ajit Singh, son of former prime minister Charan Singh, lost to the BJP’s Satyapal Singh. It was a setback of existential proportions for the party, as the Baghpat seat had been won by Charan Singh and Ajit Singh in nine of the 10 elections since 1977. Ajit Singh has on numerous occasions blamed the ‘polarisation because of BJP’s divisive campaign’ for the loss.

However, leading up to the 2017 Vidhan Sabha elections, things began to change and there was a growing sense that the Jats were unhappy with the BJP over a range of issues. BJP president Amit Shah was quick to recognise the potential damage this could do to his party’s electoral prospects.

Jats, who form a sizeable proportion of the electorate in Western UP, are a politically influential community and are being aggressively wooed by SP-RLD and BJP. Representational picture. Credit: Reuters/Files

In February 2017, with days to go before the Jat-dominated sugarcane belt of western UP voted in the assembly elections, an audio clip featuring Shah was leaked. Shah can be heard trying to appease the Jat community at a private meeting. “BJP is belt mein aapke sahare par hai. Aapke sahare ke bagair jeet nahi sakti. Hum soch bhi nahi sakte. (In this belt, the BJP is dependent upon you. We cannot win without your support. We cannot even think about it),” Shah can be heard telling leaders of the community.

“We don’t want differences with this community (Jat community) in this crucial state,” Shah told them. In the 15-minute audio clip Shah can be heard requesting the community to stand behind the BJP and used the word ‘please’ several times, which he admitted in the clip was ‘contrary to his temperament’.

According to several senior state BJP leaders, that private meeting with Jat leaders turned the tide in BJP’s favour and helped it overcome a difficult situation in western UP. “That meeting was crucial as the Jats had been angry with the BJP and we felt that their votes could slip away. After Amit Shah pacified them, they rallied behind the BJP and that set the tone for the kind of wave that we saw following the first phase of polling in western UP,” a senior BJP leader from the region told this reporter at the time.

How reconciliation and compromise efforts impact politics

On December 26, 2017, several influential khap and Muslim leaders from in and around Muzaffarnagar met Mulayam Singh Yadav in Delhi. The Samajwadi Party leader called for a truce with the Jats and urged the parties concerned to compromise and settle the riot cases. The leaders agreed. Since then, eight such meetings — or panchayats as they are locally known — have been held and in several cases a compromise has been agreed upon. The modus operandi followed is that the two parties involved in any particular case reach a compromise in the panchayat and subsequently witnesses turn hostile in the courts.

Vipin Balyan, a resident of Kutba village which saw the killing of eight people during the riots, is one of the main architects of these efforts to reconcile and compromise. “Fifty-three people had been accused and arrested from my village. We saw large-scale violence and are reeling from its effects even now,” Balyan said.

“These cases can go on for tens of years. I felt that the communities needed to be brought together and a compromise needed to be reached,” said Balyan.

However, prior to Balyan’s efforts, some families had, of their own initiative, reached a compromise, for money. “Look, the families who are in the courts for justice are poor and have difficulties making ends meet. Realistically, they can’t expect justice from the courts in any acceptable period of time. So, several families took money and turned hostile in court. It was a pragmatic decision,” said a local leader who was part of the efforts, but wished to remain anonymous.

Balyan concedes that money had exchanged hands, but claims that after the panchayats began, the practise has ceased. “I am aware that these things happened before our efforts started. But it doesn’t happen anymore,” he said.

According to Balyan, the only way forward is compromise. “There is no other way. If these cases continue, enmity between the two communities is only going to grow. That is not going to be good for either community,” he said.

But, it is the Muslim community that will have to bear the lion’s share of the compromise as they had filed 594 FIRs out of the 634 originally filed.

“It is unfortunate. But there really is no other way. Several prominent Jat leaders have apologised to the Muslims with folded hands,” said Balyan.

According to a Muslim leader who is part of the reconciliation process, the Muslim community does not really have a choice. “We are the ones who suffered in the riots. We lost our families and our homes. We do want justice, but the cost of justice in our country is very high. And justice is rarely done in cases of riots,” the leader said.

“It is best for us to reconcile, forget and move on. It is more important now to get back to our villages and get back to our lives,” he added.

Naresh Tikait, chaudhary, or head, of the influential Balyan khap which holds authority over 84 villages in and around Muzaffarnagar, has also been a part of the efforts of reconciliation. “We are making efforts so that the communities reach a compromise. What happened in 2013 was wrong. It should not have happened. We have apologised. Now we want both the communities to once again live in peace and harmony,” Tikait told The Wire.

“Jat sampradayik biradri nahi hai (Jats are not a communal community),” Tikait added.
SP leader Mulayam Singh Yadav has been holding reconciliation 'panchayats' between the Muslims and Jats

SP leader Mulayam Singh Yadav has been holding reconciliation ‘panchayats’ between the Muslims and Jats, Credit: PTI/Files

Not wanting to be left behind, RLD leader Ajit Singh too jumped into the fray and has camped in Muzaffarnagar on a few occasions since January, meeting the the two communities and urging them to resolve their differences. There is speculation that he might contest the 2019 Lok Sabha elections from Muzaffarnagar to try and resurrect his and his party’s dwindling political fortunes. “It is quite likely that Choudhary sahab (Ajit Singh) will contest from Muzaffarnagar. It will be particularly favourable for us if the Jat-Muslim bonhomie continues,” said a senior RLD leader on condition of anonymity.

So, is the BJP feeling left out? According to Vipin Balyan, the Muslim community had agreed to sit down and discuss the possibility of a compromise only if the BJP was not involved in any way as it held the party responsible for the riots. “They had told us that if there was even a hint of BJP involvement, there would be no chance of any settlement,” Balyan said.

So despite BJP leaders expressing their desire to join the panchayats, they were not allowed to.

Sanjeev Balyan’s counter-move

BJP leaders in the region felt that if the panchayats continued with the active involvement of both Mulayam Singh and Ajit Singh, the party stood to lose electorally. “See, the Muslims don’t vote for us. The Jats have voted for us in large numbers in the last two elections,” said a BJP leader from the region.

The leader believes that the involvement of Ajit Singh and Mulayam Singh in the reconciliatory efforts come with an eye on electoral gains. “These leaders are having these panchayats with the two communities (Jats and Muslims) and keeping the BJP out. It is obvious that the BJP stands to lose,” the leader said.

RLD Leader Ajit Singh is also trying hard to lure away Jats from the BJP. Credit: PTI

Another leader who stands to lose out is Sanjiv Balyan, the sitting MP from Muzaffarnagar and one of the beneficiaries of the communal divide. A veterinary surgeon and a relatively unknown political figure prior to the riots, Balyan’s rise post-2013 has been meteoric. Accused of violating prohibitory orders and inciting communal tension during the riots, he quickly rose to become one of Shah’s most trusted lieutenants in western UP. He went on to win the Muzaffarnagar seat by a massive margin of four lakh votes and at 41 became the second youngest minister in the Narendra Modi government after he was appointed minister of state for agriculture and food processing.

“His rise was phenomenal. From nowhere, he was suddenly the most prominent BJP leader in western UP. He became Amit Shah’s ‘go to’ man for the region. And this is not a place where the party was short of leadership. It had stalwarts like Laxmikant Bajpai, who was the state president of the party,” said another BJP leader.

Balyan had become the party’s Jat face, the leader added.

However, unfortunately for Balyan, the law of diminishing marginal utility set in as the political gains from involvement in the riots dried up. He lost his ministry in the cabinet reshuffle of 2017 and has been consistently losing influence in western UP. “His aura has diminished somewhat. He is not as important as he was before,” said the BJP leader.

Meanwhile, in Muzaffarnagar, the process of reconciliation and compromise is going according to plan. And with Mulayam Singh and Ajit Singh tossing their hats into the ring to pick up the political spoils of the settlement between the two communities, Balyan felt he needed to do something or he risked losing political significance.

On February 5, Balyan led a delegation of khap leaders to meet chief minister Adityanath and urged him to withdraw ‘402 fake cases of arson lodged against Hindus’. It was this meeting which prompted the UP government’s law department to seek an opinion from the Muzaffarnagar and Shamli DMs on the possibility of withdrawing the cases. This was Balyan’s effort to be seen as the one setting the agenda when it came to the Muzaffarnagar riots.

Part of the Balyan-led delegation that day was the influential head of the Balyan Khap, Naresh Tikait, who had also been a part of the reconciliatory efforts. This was a setback for the reconciliation efforts. “The most powerful chaudhary is Naresh Tikait and for many he represents the Jat community. And if he is seen with Balyan seeking withdrawal of cases, that sends the message that Jats are not in favour of a settlement,” said Vipin Balyan.

According to Chandraveer Singh, Sanjiv Balyan’s lawyer who has also been involved in the reconciliation process, Balyan took Naresh Tikait along for a specific purpose. “He wanted to send out the message that the entire Jat community is with him. He succeeded in doing that,” said Singh.

Vipin Balyan confronted Tikait after the meeting and asked him why he did what he did. “I told him that this could be perceived as betrayal and could hamper the efforts of settlement. He said ‘galti ho gayi’ (I made a mistake),” Balyan said.

According to both Vipin Balyan and Singh, Sanjiv Balyan’s move has the potential to hamper the reconciliation process as the Muslim community could feel suspicious of their intentions. “If you talk about reconciliation, settlement and compromise on one hand, and on the other hand, you go through the backdoor and ask for withdrawal of cases, the other community will feel suspicious,” said Singh.

The Muslim leader who is part of the reconciliation process feels that even though there is a certain level of distrust, the Muslim community has no option but to compromise and settle. “The effort to withdraw the cases is not ideal. It does sow distrust when the same leaders talk about settlement on one hand, and withdrawal of cases on the other,” the leader said.

“But, what can we do? Do we have a choice? Do you really think we will ever get justice? It is not ideal, but, we have to continue with the process of reconciliation,” the leader said.

In February, BJP’s Sanjiv Balyan led a delegation of Khap leaders to meet CM Adityanath and urged him to withdraw ‘402 fake cases of arson lodged against Hindus’. Credit: Twitter

Sanjiv Balyan doesn’t agree that his efforts have been influenced by political considerations. “I have always spoken in favour of the withdrawal of these cases. My efforts have nothing to do with politics. Thousands of innocents were named in these cases for political reasons by the then ruling party in the state. I am only fighting for their rights. I am not even talking about my own case. I will fight it out in court,” Balyan told The Wire.

Justice remains elusive

In relation to the Muzaffarnagar riots cases, several words such as ‘compromise’, ‘settlement’, ‘reconciliation’, ‘withdrawal’, make an appearance. However, a crucial word — ‘justice’ — is conspicuous by its absence. It seems to have been elevated to the category of lofty ideals of a utopian world.

Chandraveer Singh knows more about the Muzaffarnagar riots cases than anyone else, having been the lawyer for approximately 1,000 out of the 1,474 accused. He does not believe that justice is possible in these cases. “In most of the cases, there were mobs. How do you identify people? If you can’t identify who committed the crime, you can’t bring them to book. You might end up punishing those who were not guilty, generating another set of victims” he said.

“So maybe true justice is not possible in these cases and reconciliation is the best way forward,” Singh added.

Rehana Adeeb, founder of the Muzaffarnagar based NGO Astitiva, which has worked to help the victims of the Muzaffarnagar riots, terms it ‘unfortunate’ that ‘politics continues in the name of the Muzaffarnagar riots’.

“Nobody seems to want to talk about the families of the victims. People lost their families. Women were raped. Houses were burnt down. How can anything other than justice heal their wounds?” asked Adeeb.

Adeeb doesn’t agree that compromise is the way forward, although she does want reconciliation. “The communities should come together, there is no doubt. But justice must be served. Those who are guilty must be punished,” she said.

April 03, 2018

India: Brief Report on Insaaf Yatra (from Delhi to Muzaffarnagar & Shamli)

Brief Report on Insaaf Yatra

An Insaaf Yatra was organized by ANHAD (Act Now for Harmony and Democracy) on 31st March 2018 to Muzaffarnagar and Shamli to:

1. Express solidarity with the families and children in Khatauli who had been arrested and jailed unlawfully.
2. Protest the state government’s move to erase 131 cases against those accused of 2003 Muzaffarnagar pogrom.
3. And to protest the spate of extra judicial killings in the State.

The delegation first met with multiple Muslim residents of Khatauli and heard about incidents to provoke lawlessness. The residents narrated that processions with weapons were being taken out on Hindu religious holidays to intimidate them and provoke riots. The residents also complained of an indifferent administration which turned a blind eye to such provocation, and the arrest of many Muslim including journalists had been arrested by the police on flimsy charges. The members also discussed detailed facts on the case of 4 minor children being arrested and jailed with adults since December 2017.

The Insaaf Yatra went on to Muzaffarnagar to express solidarity with the protests being organized by the Uttar Pradesh National Alliance for People’s Movements and other civil society organizations against erasure of the criminal cases of Muzaffarnagar pogrom accused. They also met residents of Muzaffarnagar and discussed the local law and order issues. The members of the Insaaf Yatra gave the representatives of the government a memorandum and went on to Kandhla to meet the residents and evaluate the situation post the 2013 pogrom.

The delegation was shocked by the tales of lawlessness, intimidation of Muslim residents, and shocking flouting of law and order by the police. The Insaaf Yatra strongly condemns the arrest of the minor children in Khatauli and being jailed with adults instead of juvenile homes and calls for strict action to be taken against the police and the judge who has abused the rights of children.

The delegation also expressed a strong protest on the state government’s move of withdrawing 131 criminal cases against those accused of riots, murders and dacoity. These are heinous crimes and the guilt, or the innocence of the accused should be decided by the judicial process only. Letting them free without the due process of law is an insult to the Indian judiciary and Constitution as well as the rights of the victims. The members of the delegation have decided to further carry out rallies, protests at local and national level too.

It was specially horrifying hearing about the fake encounters and that pressure being exerted by the police on the families of the victims to withdraw their demands for judicial inquiry. Extra judicial murders have no space in a lawful democracy and we demand independent judicial inquiries into all such encounters. In case of them being proved as murders, the policemen who have been involved in such encounters should be arrested and punished by a court of law. The delegation calls for a strong civil society response against these illegal acts by the police and a national and international campaign to stop the misuse of the law and order machinery.

The Insaaf Yatra included Ovais Sultan Khan, human rights activist and the Managing Trustee of ANHAD, AC Michael, former member Delhi Minorities Commission, Md. Faizan Alam, social activist, Meha Khanduri, human rights activist, Syed Ravish Alam and other social and human rights activists from Delhi, Muzaffarnagar and Shamli.


(a detailed report will be shared soon)

March 30, 2018

India - Uttar Pradesh: Call to join sit-in fast against UP Govt's move to withdraw cases from accused of Muzafarnagar riots

JOIN DHARNA UPWAS

31st March, 2018, Saturday, outside Muzaffarnagar Court

In a shocking development, the BJP government in Uttar Pradesh is in process of withdrawing cases from the workers/leaders of BJP who are accused of Muzzaffar Nagar riots that occurred in 2013. This state led impunity will create a sense of fear among the common masses as well as will also add to the vulnerability of the minority communities which are always at the receiving end of actions of hatred. This decision not only reflects the biased politics of Yogi Government but also state hooliganism. This is an illegal act and clear disregard of the Constitution. Recently Chief Minister Yogi in a statement during in the state legislature found to be favouring ‘Ram Rajya’ over ‘Socialism’. The decision about the withdrawal of cases has a lot of inspiration from this ideology of the BJP government in UP. National Alliance of People’s Movements (NAPM) strongly condemn this act of the UP government.

Program: One day fast and sit-in followed by a press conference.

Timing: 10.00am-2.00am.

Date: 31st March, 2018

Place: Outside Muzaffarnagar Court

Manesh Kumar Gupta,
(098371 44590)
Uttar Pradesh Convenor, NAPM

Vimal Bhai,
(09718479517)
National Convenor, NAPM

शामिल हो। धरना उपवास

"31 मार्च 2018, शनिवार, मुजफ्फरनगर कचहरी "

मुजफ्फरनगर दंगों के संगीन आरोपियों को उत्तर प्रदेश सरकार अपराध मुक्त करने की प्रक्रिया चला रही है। इतना ही नही उत्तर प्रदेश की योगी सरकार सिर्फ उन्ही लोगों के ऊपर से प्रकरणों को हटाने की तैयारी मे है जो भाजपा के कार्यकर्ता या नेता है | यह कृत्य पक्षपात की राजनीति तो दर्शाता है ही, साथ-साथ सत्ता का गलत इस्तेमाल करके सरकारी गुंडा-गर्दी को भी| इन संगीन मामलों में नामदर्ज लोगों को सरकारी संरक्षण से आम व्यक्ति के मन में भय का भाव बढा है खासतौर पर अल्पसंख्यक तबके में जो हमेशा नफरत का शिकार होता है| यह पूर्ण रूप से खुले-आम कानून और संविधान का उल्लंघन है | हाल ही मे मुख्यमंत्री योगी ने राम राज्य को समाजवाद से ऊपर समझने वाला बयान दिया है | प्रकरणों को हटाने का मामला इस विचारधरा से ही प्रेरणा लेता दिख रहा है | जन आंदोलन का राष्ट्रीय समन्वय इस कृत्य का विरोध करता है।

कार्यक्रम: एक दिनी धरना व उपवास होगा और उसके बाद प्रेस वार्ता की जाएगी ।
समय: सुबह 10.00 से 2:00 बजे तक
स्थान: मुजफ्फरनगर कचहरी के बाहर
दिनांक: 31 मार्च, 2018

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उत्तर प्रदेश समन्वयक, जन आंदोलन का राष्ट्रीय समन्वय

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राष्ट्रीय समन्वयक, जन आंदोलन का राष्ट्रीय समन्वय

February 16, 2017

India: Journalist Rana Ayyub travels thru Muzaffarnagar district meeting riot victimes and pondering over the UP assembly elections 2017

ndtv.com - February 16, 2017

by

[ . . . ] 
I am writing this column days after the most polarized districts of Western UP like Muzaffarnagar and Shamli have cast their vote because the purpose of this column was not to influence the voter but to put on display the shameful apathy of our so-called secular leaders.
[ . . . ]
As I travelled through Baghra, Budhana and Jansath tehsils in Muzaffarnagar, where Muslims form roughly 45 percent of the population, I met people who were scared at the prospect of the election. They feared that with BJP leaders including party president Amit Shah bringing  up the Ayodhya issue and the alleged Hindu exodus from Kairana, there could be a return of communal tension in the state. They feared for their women and children, but had nowhere to go.

More appalling was the fact that the very people who were most affected during the Muzaffarnagar riots, who had lost their property, were willing to give Akhilesh Yadav another chance as Chief Minister of Uttar Pradesh.
[ . . . ]

FULL TEXT AT: http://www.ndtv.com/opinion/akhilesh-yadav-rahul-gandhis-claim-of-secularism-exposed-1658995

February 09, 2017

India: The Long struggle of Muzaffarnagar gang rape survivors (Aarefa Johari / scroll.in)

Three years after Muzaffarnagar riots, gang-rape survivors face death threats, trial delays

A new Amnesty report reveals how seven rape survivors who chose to report their sexual assaults were let down by the police, government and the courts.
In September 2013, communal riots in Uttar Pradesh’s Muzaffarnagar and Shamli districts killed 60 people and displaced thousands of Muslim families. While the riots were widely reported across the country, it took a while for the stories of sexual violence to emerge.
In the days after the riots, journalists and human rights activists working in relief camps came across scores of Muslim women who spoke of being raped or gang-raped by Hindu men during the clashes, but were unwilling to file police complaints because of the social stigma attached to sexual violence.
After a few days, seven women approached the police and reported being gang-raped by Jat men during the riots. They were promised swift justice and the Uttar Pradesh government set up a special investigative team to look into their cases.
More than three years later, swift justice seems like a pipe dream for these women. A new report by Amnesty India, the human rights organisation, reveals that ever since they approached the police, all seven women have faced threats, harassment and pressure to change their statements or withdraw their cases.
The report, titled Losing Faith: The Muzaffarnagar gang rape survivors’ struggle for justice, points out that the state government has failed to protect the women from threats and intimidation and has not even kept them informed about the status of their cases. [. . .]

FULL TEXT AT: https://scroll.in/article/828581/three-years-after-muzaffarnagar-riots-gang-rape-survivors-face-death-threats-trial-delays-embargo

 

October 26, 2016

India: Wages of Communal Violence in Muzaffarnagar and Shamli (Harsh Mander, Akram Akhtar Chaudhary, Zafar Eqbal, Rajanya Bose)

Economic and Political weekly, Vol. 51, Issue No. 43, 22 Oct, 2016

Wages of Communal Violence in Muzaffarnagar and Shamli

Harsh Mander
Akram Akhtar Chaudhary
Zafar Eqbal
Rajanya Bose
Harsh Mander (manderharsh[at]gmail.com), Akram Akhtar Chaudhary (akramakhtar87[a]gmail.com), Zafar Eqbal (helloiamzafar[at]gmail.com) and Rajanya Bose (89.rajanya[at]gmail.com) are researchers and peace workers of Aman Biradari.

Three years after the communal carnage in Muzaffarnagar and Shamli in Uttar Pradesh, in which close to a hundred people died and an estimated 75,000 were displaced, thousands of survivors have not been able to return to their villages. Even those not directly affected, who fled in the wake of the violence, continue to live in slum-like conditions without basic services. The Aman Biradari team that surveyed these affected villages concludes that the permanent divisions between communities who once lived together peacefully represent the triumph of communal politics.
Hate violence alters the course of people’s lives forever. Years, decades, even generations pass after hate violence is unleashed on targeted families and communities, but their suffering does not end. It divides, impoverishes, scatters and embitters them in ways which are imperfectlyunderstood and rarely tracked.
In September 2013, in the two districts of Muzaffarnagar and Shamli, a toxic hate campaign—claiming that Muslim boys were enticing Jat Hindu girls in a “love jihad”—led to violent murderous attacks on Muslim settlements of mainly poor agricultural workers. A people who had never fought each other in history suddenly became bitter enemies, estranged, fearful and angry. “Not even during the Partition riots of 1947 did a drop of blood flow in our villages,” the survivors repeatedly told the Aman Biradari team. When the violence ended in 2013, nearly a hundred people had died, women endured sexual violence, thousands of homes and livelihoods were burnt down and ruined and large numbers of people had resolved never to return to the land of theirancestors.
People of diverse faiths who live together do not spontaneously turn upon each other. There are three essential requisites for mass communal violence to occur. The first is the deliberate manufacture of hatred. The second is theorganisation of the physical execution for the riot. The third is a complicit state: no riot can continue beyond a few hours unless the state actively wishes that it does so. The Muzaffarnagar communal upsurge of 2013 presents striking evidence of each of these elements combining to violently divide communities that have lived and worked together peacefully through generations.
Communal organisations from the stables of the Rashtriya Swayamsevak Sangh (RSS) have perfected the art of manufacturing hatred against the “other” community by cynically deploying rumour, innuendo and falsehood. The issue chosen to demonise the “other” varies depending on what would resonate and enrage the people concerned most in a particular location and time of history. In Muzaffarnagar, with the patriarchal Jat community, the issue chosen to foment hatred was women’s “honour.”
The dominant popular narrative surrounding the communal violence that inflamed Muzaffarnagar was that the stalking of a Jat Hindu girl by a Muslim boy spurred mass anger and retaliatory violence. This grew into a mega-narrative of “love jihad” that suggested that this incident is part of a larger menacing con­spiracy of Muslims to target innocent Hindu girls, both to humiliate the Hindu community and to swell their own numbers.
It did not matter that this story of sexual harassment of a Hindu girl by deceased Shahnawaz, a young Muslim man, is now proved a fabrication (Sahai 2016: 29–31). After the events on 27 August 2013 in Qawal village in Muzaffarnagar that left Shahnawaz and two Jat men, Sachin and Gaurav, dead, police investigations confirm that following a heated scuffle when their motorcycles hit each other, Sachin with his cousin Gaurav and a few others went into the Muslim enclave and stabbed Shahnawaz. Local onlookers managed to catch Sachin and Gaurav, even as the other killers escaped. Shahnawaz was rushed to a clinic, and when news came in that he had succumbed to his stab wounds, the crowd killed the two Jat brothers (Kirpal 2016). In fact, the first information report (FIR) filed by the families of the murdered Jat boys did not mention stalking but only a motorcycle accident involving Shahnawaz and Sachin.
Constructing a Narrative
But this account was not emotive enough to construct a narrative of communal victimisation to foster hate. The story was spread instead that Shahnawaz was long harassing Sachin’s sister, and to avenge this humiliation, Sachin and Gaurav undertook the honour killing of Shahnawaz. Thereafter, a Muslim mob lynched the brothers to death. The Bharatiya Janata Party (BJP) member of the legislative assembly (MLA) Sangeet Som uploaded a video of the mob lynching two young men in Sialkot, Pakistan claiming that the men were Sachin and Gaurav, and the murderous mob Muslims of Qawal (Mishra 2016). Most newspapers and television channels relayed thisstory uncritically (and continue to do so even today), although Som’s video was proved to be bogus, and Sachin’s sister testified on NDTV that she did not even know Shahnawaz (Jain 2013).
Today, the actual facts no longer matter for the Hindu residents of western Uttar Pradesh. They hold Muslim neighbours of generations vicariously guilty of a crime that never occurred, and of a sinister conspiracy of “love jihad” that by any rational evaluation is a fanciful and mischievous charge. The claim is that good-looking Muslim boys are identified, trained in madrasas, equipped with tools for female entrapment, including motorcycles and smartphones, and mobilised to romantically entangle innocent Hindu girls. Their purpose is allegedly only to convert them to Islam, use them to produce Muslim babies, and cause them various forms of suffering. This highly improbable hate narrative spread like a malevolent forest fire across UP, and in the May 2014 general elections helped garner an unprecedented harvest of votes for the BJP.
The second requirement for communal violence to occur is the organisation of the “riot” itself. Once this story had entered popular consciousness, the next steps were easy. It was propagated that this was not a stray incident but a larger trend—of Muslim boys in large numbers sexually harassing Hindu girls, and indeed that this was part of a larger sinister conspiracy of “love jihad.” Just 10 days after the killing of the three young men in Qawal village, building on the groundswell of local Hindu fury against their Muslim neighbours because of their alleged deliberate assaults on the “honour” of Hindu girls, a mahapanchayat was called with the theme Beti Bachao (Save our Daughters). And this paved the way for the crucial step of justifying a retaliatory attack on all local Muslims. Fiery speeches were made against Muslims and afterwards, the frenzied crowd dispersed and attacked Muslim settlements. In the majority of villages, Muslims were labourers in Jat-owned sugar cane farms. Their small houses were set aflame and looted, some were killed, while other terrified people fled to the safety of numbers in Muslim majority villages. Attacks on Muslim enclaves led to nearly 100 deaths, uncounted rapes, arson, looting and the fleeing in terror of 75,000 people.
The third prerequisite for a manufactured riot is a complicit state administration, which fails in prevention, control, rescue and relief. The administration took no steps to quell the rumours, arrest those stoking hatred, or prohibit the mahapanchayat. Once violence broke out, the police forces mostly stood watching as the crowds attacked Muslim settlements, without using force or firing to disperse the furious mobs. They did not rescue those trying to escape; instead survivors depended on wealthy Muslim landowners to protect them as they fled. The administration did not establish relief camps; instead these were organised by the victimised community in Muslim majority villages. We found little presence of the state in these camps: it did not provide sanitation, healthcare, childcare or police outposts to record people’s complaints.
Judicial Commissions and the Truth
Although catastrophic communal massacres recur from time to time, the Indian state has never appointed truth and reconciliation commissions. Instead, in the political heat that follows major communal and caste massacres, governments often appoint judicial commissions of enquiry, headed by serving or retired judges. Although commission recommendations are not binding, their findings can, if conducted with fairness, carry moral weight. The Justice Srikrishna Commission that investigated the 1992–93 Mumbai riots is a shining example of this. The report established the criminal role of both the Shiv Sena and police officers in the carnage (Menon 2013). It is another matter that successive governments took no steps to punish those indicted by the commission, but still the report remains a highly credible source of truth-telling.
However, for the greater part, complicit governments deploy several devices to subvert the important democratic instrument of judicial commissions for communal riots. The first is to appoint compliant and ideologically compatible judges to these commissions. The second is to delay the proceedings of the commissions inordinately. The third is to delay placing the report of the commission in the legislature or Parliament (often for years). As a result, the document remains a secret and cannot beaccessed by citizens. The Gujarat government deployed all three strategies after the 2002 carnage. It appointed a commission with judges close to thepolitical leadership, the judges took 12 years to present the report, and there is no sign of the report being placed before the legislature. Therefore we have no idea what it contains.
The judicial commission headed by Justice Vishnu Sahai, appointed after the 2013 Muzaffarnagar communal violence, submitted its report in two years, and the state government tabled it in the legislature expeditiously. However, a careful reading of the 776-page report reflects how such commissions can actually subvert both truth and justice. It legitimises the majoritarian Hindutva communal version about the events and causes, and completely frees the political leadership from any culpability for the violence and displacement.
The Sahai Commission report confirms that the police complaint filed by the Jat boys’ family made no allegation of any teasing or harassment of the Jat boys’ sister by the Muslim youth. The dispute arose instead from a motorcycleaccident of the Muslim and Jat youths. In revenge, the Jat boys went to Shahnawaz’s home and stabbed him to death. Angry Muslim neighbours caught and killed the two Jat youths. The report also accepts that the video of the two youths being killed by a mob was of a lynching in Pakistan, and that it was mischievously circulated widely with posts, including the one from MLA Som, claiming that the youths being lynched mercilessly were the Jat brothers. This inflamed communal tempers among the Jats against the Muslims. It also accepts that false rumours were deliberately circulated before the mahapanchayat of 7 September 2013 that hundreds of Jats had been slaughtered by Muslims and thrown into a canal, that communally provocative speeches were made in the mahapanchayat, and that the widespread arson and slaughter of Muslims started after this.
This should have established clearly the culpability of the BJP and Hindutva organisations for raising communal tempers with criminally circulated false­hoods against the local Muslims, and for the communally charged speeches. Instead the commission chose to give equal, actually greater, weightage to the version of the Hindu Jat majority.
The judge accepts without evidence the charge that while Shahnawaz did not know or tease the sister of the Jat brothers, tensions were high because Muslim youth in general did tease Jat girls. He also accepts (again admittedly without evidence) that Muslim leaders made communally provocative speeches, and also provoked Jats by attacking them as they gathered in large numbers for the 7 September mahapanchayat, and after they dispersed. He ignores the official and fact-finding reports that the Jat mobs were raising threatening slogans asking Muslims to go to Pakistan or the cemetery and attacking them in large numbers, and that the few acts of violence by Muslims had to be seen in that perspective. In this way, the commission mostly accepts and reproduces the Jat and Hindutva narrative of what caused the Muzaffarnagar massacre.
It goes further by never once in the entire report even reflecting on the role of the political leadership of the state government for its criminal mishandling of the communal carnage, let alone indicting it. Even the local administration is let off by the commission with a rap on its knuckles for minor lapses. The commission suggests that for the most part, the administration did all that was possible to control the violence.
This is a shameful falsehood, entirely unbecoming of the office of a judicial commission that is expected to fearlessly and impartially hold up the light to the truth. With fair and decisive handling, by forcefully quelling rumours that the Muslim youth was killed for harassing Jat girls or that Muslims had slaughtered hundreds of Jats, by acting firmly and fairly in arresting the killers on both sides, and by preventing the series of panchayat gatherings that roused tofever pitch communal tempers against the Muslims, the violence could have been prevented. The administration did none of these. Instead, at every stage, it tried to appease and accommodate the BJP and Hindutva activists, and after the violence also to appease Muslim political and religious leaders.
If judicial commissions will not tell the truth about who and what wasresponsible for communal massacres, who will?
No Relief for Survivors
Just three months after the carnage, the state government officially terminated all relief camps, even though several thousand displaced persons still lived in fear and dread, and were unwilling to return home because they continued to feel unsafe. Whereas displaced persons in camps should be officially assisted and supported to return to their original homes by promoting reconciliation and security, by forcing them to do so inMuzaffarnagar by closing the camps prematurely, thousands of people were left without even the meagre food and health support that the government had extended in the camps.
Contrary to claims of the state government that all camps emptied months after the carnage, we found over 10,000 women, men and children still living in unofficial camps in around 25 villages one year after the carnage. Even in the immediate months after the conflagration, in many camps state support was restricted to food supplies or a few blankets. Only after national outrage following the death of many children in the winter cold, were there occasional visits by medical teams. Thereafter even this became a distant memory. Charitable organisations, mainly faith-based Muslim associations, also closed their offices: compassion also tires. The unhappy people—fugitives from the hate which pervades the villages of their birth—were left to fend for themselves. They had just survived the monsoon showers, and endured three long winters in camps under plastic sheets.
In these camps, people subsisted mainly by working as casual labour in the surrounding fields, and in the numerous brick kilns that dot the landscape. But they reported much lower wages than prevailing rates, as employers knew of their misfortunes and desperation. Besides, they also had to compete with local labour. They still had to beg landlords for loans, to cope with illness and hunger, and if they were lucky they got a few thousand rupees at twice the already usurious interest rates, 10% compound per month. “Who knows when you might run away with our money?” reasoned the landlords. Many children dropped out of school, sometimes because teachers refused to admit them or sometimes even taunted them but more often because they had to labour to light the kitchen fires of their families.
Three distinct trajectories were visible for populations who escaped their home­lands. First were residents of villages in which locals suddenly turned upon their Muslim neighbours with daggers, country rifles and flaming torches. People still recount with pain and disbelief the cruelty with which old people and children were slaughtered, women gang-raped and homes destroyed. Their houses were plundered and torched, often by young men, who had been like sons and brothers, and by revered village elders. Hopes of ever returning to the villages of their birth crumbled when no one from their villages sought them out to offer solace and comfort or to urge them toreturn home.
The state government announced a grant of ₹5 lakh for each household only in villages that were attacked, on the condition that they would not return to their original villages. We believe that this represents an utterly bankrupt state policy with communal underpinnings, one that has no precedents in past communal riots. The duty of the state was to restore mutual faith and trust between communities to enable their return instead of tacitly incentivising religious segregation. As a result, the norm of centuries—of mixed villages in which Hindu and Muslim residents lived in amity side by side—was abandoned in favour of segregation of populations on religious lines, the ultimate success of the communal agenda. That this was done with state support is particularly distressing.
Displaced villagers left behind a great deal in the villages of their birth; houses where they were born and raised, settled livelihoods, life savings, friends of a lifetime, and most of all trust in people of divergent faiths. Their adopted villages were far from welcoming. In their desperation, Muslim landowners saw the chance for windfall profits. They carved out and sold small house-plots at sometimes four times the price before the carnage. Refugees spent all their compensation money to buy small sites for their houses at these extortionist prices, and took loans at usurious interest rates of up to 10% per month compound to build modest brick houses. Many carried loans from before theyescaped their villages, which they took care to also return. The administration did little to pressurise those who set up these colonies to fulfil their basic obligations to supply most fundamental amenities of internal roads, drainage, water supply and electrification.
The new settlers searched desperately for work, in exploitative brick-kilns, or as casual labour on farms or building sites, or in petty house-to-house trade. The brick kilns entailed near-bondage, whereas petty-trading required further high-interest private loans. All this amidst the festering pain of betrayal by their former neighbours and aggravated by unwelcoming discrimination by original inhabitants in their new villages. The predicament of these refugees from com­munal hate demonstrated once again that sharing the same religious identity is no guarantee of social solidarity.
A second category of affected households was of villagers who were notattacked by their neighbours, but who still fled because they could no longer trust their neighbours in Muslim-minority villages. Muslim residents of a large number of villages, not just from Muzaffarnagar and Shamli, but even surrounding districts of Meerut, Saharanpur, Baghpat and Hapur also fled their homes in fear of attacks, lived in camps not recognised or supported by the state government for one to two years, and have finally gone to mostly self-settled colonies in Muslim-majority villages. Their quandary was that the state government does not regard them to be “affected” by the communal carnage, therefore they did not qualify for even a rupee of compensation.
The last category was of households that ran away when neighbouring villages were set aflame and yet agreed to return after persuasion by the state government. We visited many of these villages. Muslim residents everywhere said that it was only a matter of time when they would raise enough money to also leave forever. Social relations between communities had collapsed to such adegree that women in burqas and men in beards were routinely taunted, and none were invited for weddings and funerals, a dramatic reversal of co-living before 2013.
The sense of fear and alienation of the survivors was enhanced by distressing reports of organised social and economic boycott of Muslims after the mass violence. Many men testified that if they went back to their villages, they were told to cut off their beards if they wished to live in their village. People also reported similar hate exchanges in buses and public spaces. Three young men were killed when they went to work in their fields (Tehelka 2013). Sporadic incidents of sexual assault were also reported (Human Rights Watch 2013). Survivors recounted intimidation and boycott in employment as farm labour, or economic activities like pheris, or selling cloth and other goods from house to house (Ali 2015).
Few Arrests or Convictions
The confidence of survivors to return to homes was further shaken because of the very low numbers of arrests and convictions of the men accused of murder, rape, arson and looting. Without justice, as we have learned from survivors in many sites of communal violence, neither do wounds heal nor can fresh violence be deterred.
Police and even the judiciary often displayed communal biases. Of 6,400 persons accused of crimes in 534 FIRs, charges were ultimately pursued against only 1,540 persons. Most of the cases of murder were closed without a charge-sheet or trial showing the accused as “unknown persons.”
Even after a year of the carnage, only 800 people were arrested, and most of them were quickly released on bail. One reason given for low numbers of arrests by the police administration was that large numbers of women blocked the entrance to the village whenever police vehicles drove there for arrests, or farmers parked tractors to thwart police passage. Survivors, on the other hand, believed that police themselves informally tipped off the villagers before arriving to make arrests. Otherwise how would so many assemble at short notice to block village roads? This allegation was difficult to verify independently, but no self-respecting police administration could accept these public block to persist when they came in the way of fulfilling their official duties.
It did not help that this “inefficiency” was selective. In the two episodes of killings in Qawal village that set off the hate violence, the Muslim men accused of killing the Jat cousins were duly arrested and charge-sheeted. However, police closed the case related to the murder of the Muslim boy Shahnawaz, claiming that no one is alive who killed him. However, many eye-witnesses confirmed that the Jat cousins were accompanied by many other men who participated in the murder but escaped. Shahnawaz’s father has appealed against this final report. His appeal is pending at the time ofwriting.
Only three of the 25 men accused in six cases of gang rape were held. “I will carry this shame for all my life, but not one (of the men who raped her) is in jail,” a 25-year old woman of villageFugana said to Betwa Sharma, reporter for Al Jazeera (Sharma 2014). Another added sadly, “We are poor, another year will pass without arrests, and then we will be forgotten.” Given the disgraceful record of the police so far in apprehending those charged with grave hate crimes, her pessimism is understandable. In one rape case, all the accused men have been acquitted; in another even after three years no one has been arrested; and in the other rape cases, all the accused men are out on bail.
There was enormous pressure on the witnesses to rescind on their statements, and a large number of witnesses have turned “hostile” in court. Although Indian criminal law does not permit “compromise” in heinous offences, this remains a routine practice after mass communal violence. Since the accused freely roam in the same villages, either evading arrest or on bail, they can intimidate the complainants and victims. It does not help that the majority of the complainants are impoverished farm workers or brick kiln labour, critically dependent economically on the large Jat landowners for work and loans.
The police was particularly soft in acting against politicians who were allegedly directly involved in the rioting. They have at best been booked in very minor sections like Section 188 of theIndian Penal Code (IPC). Most of them did not even see the inside of a jail.
Several persons killed during the carnage were not considered as dead because of murders related to the riots, as a result of which their families were not given any compensation and employment as state reparation. Still, around 18 people are declared “missing.” Their FIRs were registered under murder or attempt to murder sections of the IPC, but no decisive action was taken by the state government to find them or their killers.
There were also other distressing signs of judicial bias, because mostarrested persons have been granted bail almost the next day or soon after their arrests. This ignored the gravity of hate crimes, and the susceptibility of thesurvivors to intimidation because of their vulnerable situation after mass targeted violence has spurred large-scale fear,destruction of livelihoods andhabitats and migration. In five cases of heinous violent crimes the accused have beenacquitted.
Triumph of Politics of Hatred
More than two years after the carnage, BJP member of Parliament Hukam Singh stirred a nationwide controversy by claiming that more than 300 Hindus had been forced to leave the Muslimmajority urbanised village Kairana in Shamli district because of extortion, threats and violence by criminals of the Muslim community. He was forced to backtrack when investigations confirmed that many in his list were dead, or had left the village 10 years earlier in search of better schooling or jobs (Indian Express 2016). It is remarkable therefore that the forced exodus of several thousand Muslims after the communal carnage of September 2013 from Hindu majority villages because of violence and fear in Shamli and Muzaffarnagar has attracted little public attention, and even less outrage, even though this represents a triumph of the politics of hatred and division and a grave betrayal of the constitutional guarantee of fraternity.
“There is nothing, nothing which can persuade us to return to our villages. They burned and looted our homes: we could barely save our lives, as we desperately ran with our children in our arms and just the clothes we were wearing on our backs. What is there for us to return to?” Words we hear over and over through the districts of Muzaffarnagar and Shamli, after the storm of hate overnight tore this peaceful countryside apart.
As we travelled from village to village in these two districts, everywhere we bore witness to a social landscape ravaged by this communal hate, just three years old, but already settled like the crusted burden of generations. An old man said sadly, “No one has come to call us back, not the village elders, nor people we grew up and worked with.” “No village cricket team was complete without a Muslim lad or two,” said another. “And now they don’t care if we live or die.” “Look at this place in which we live now,” said a third, pointing to leaking, soiled plastic sheets stretched overbamboo sticks affording each family a few square feet of minimal shelter, surrounded by black cesspools and mosquitoes. “We know we can die here as well. But at least here we are assured that our loved ones will bury us. Not like ourvillage where our people were killed and burned.”
By the third year, this expulsion from their homelands has become permanent. The state government did little to create conditions in which survivors felt safe to return to the villages of their birth. Without any public remorse by their attackers, any official or community initiatives for reconciliation, or attempts at justice, these hapless people were unable to return to their villages. Sometimes, with small grants from government or NGOs but mainly with usurious loans from private moneylenders, they bought house-plots in hastily laid-out colonies in Muslim majority villages on what were cultivated fields. Seizing the opportunity to make windfall profits, local large farmers and real estate deve­lopers sold these plots at exorbitant rates to these luckless displaced persons.
The indifference of the state government is reflected also in the fact that there is no official record of these mostly self-settled colonies, let alone official plans to ensure that they are able toaccess basic public goods and citizenship entitlements. Therefore AmanBiradari and Afkar India Foundation undertook a comprehensive survey of these new settlements of internallydisplaced persons.
With mounting astonishment andanguish, we ultimately discovered as many as 65 refugee colonies, 28 in Muzaffarnagar and 37 in Shamli, housing 29,328 residents, described in our report Living Apart (Mander et al 2016). Even this does not represent the total number of people, displaced by the hate violence, who could never return to the villages of their birth. Uncounted populations bought houses or rented homes in existing Muslim settlements, or permanently migrated out of these districts or even the state. We estimate that the mass communal violence led ultimately to at least 50,000 people being permanently expelled from their villages as haterefugees, of which 30,000 were in these 65 new refugee colonies.
Among the 28 colonies in Muzaffarnagar, 19 are inhabited by people directly affected by the riots while the other nine colonies have a mixed population of those directly affected and those who fled due to fear of violence. Twenty-one of these colonies are in rural areas, while seven are in urban areas. Among the 37 colonies in Shamli, 18 have people directly affected by the riots while 19 have a mixed population. Of these, 26 are in rural areas while 11 are inurban areas.
In hellish slum-like settlements, these internal refugees are bravely building their lives anew. Perhaps our most striking survey finding was the almost complete absence of the state from theseefforts of the refugees to begin a new life. Apart from a ₹5 lakh grant given only to households directly hit by the violence (and none to the much larger number who escaped their villages because of fear of attacks), the state took no responsibility for helping them resettle in any way. The displaced were forced to either abandon or sell their properties at distress prices in their villages of origin, and the state compensation for the loss of their moveable assets was negligible.
The colonies were settled substantially with the self-help efforts of the impoverished and battered refugees themselves. Figure 1 shows the ways of funding foracquisition of lands for houses in Muzaffarnagar while Figure 2 shows the same for Shamli district. Part support in many colonies came from mostly Muslimorganisations. One of the heart-warming exceptions was Sadbhawana Trust, which assisted 230 households to design their houses and choose their neighbours in Apna Ghar colony. And in the only initiative by a political party, the Communist Party of India (Marxist)—CPI(M) gave ₹1 lakh to displaced households in Ekta Nagar. The support ofMuslim organisations often came with strings attached, such as forcing residents to adhere to more orthodoxbeliefs, or refusing to give land titles to the residents. Muslim charities collected donations from Indian Muslims overseas for a few colonies, but mostly refuse to give them land titles. The misfortune of the displaced people mounted because on some occasions unscrupulous touts, sadly from the Muslim community itself, charged the residents for the land and houses.
Only in 15 colonies in Muzaffarnagar and 26 colonies in Shamli did all residents have titles to land and houses. In 41 of the 65 colonies across both districts, three years after the riots, households are still unable to build houses and instead live in makeshift houses with plastic roofs and temporary walls. In others, with grants, personal labour but also loans fromprivate moneylenders, they have been able to build all-weather brick houses, though these are modest and small.
The survey highlights the neglect and apathy of the state with little evidence of any meaningful public provisioning. The developers or the government rarelyinvested in drinking water, sewerage, drainage or electricity, and the district administration at most installed a handpump. Therefore typically, these colonies completely lack basic infrastructure and public services. In Muzaffarnagar, 82% colonies do not have clean drinking water, 93% no street lighting, 61% no drainage and not a single colony has a public toilet (Figures 3 and 4).

In Shamli, 97% colonies lack drinking water, 76% street lights, 70% drainage and 97% colonies have no public toilets (Figures 5 and 6, p 45).
Education and childcare services are badly hit in these colonies. Conflict pushed children out of school into the workforce or early marriages. But in more than half the colonies in Muzaffarnagar, and two-thirds in Shamli, there is no primary school within a kilometre of the colony. Less than a quarter of the colonies have Integrated Child Development Services (ICDS) centres. In not a single colony do people have Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA) job cards. In Muzaffarnagar, in 27 out of 29 colonies, no one has a ration card. In both districts, virtually no one receives old age, widow or disability pension. Samajwadi pension, started after 2013, is available to only few households in seven colonies across both districts.
A Sombre Homecoming
In this way, only around a third of the people who ran away in fear after theattacks on Muslim villages three years ago returned home, the remainder migrated out of the state, or rented or bought houses in Muslim majority settlements, or established and moved in large numbers into these new colonies in Muslim habitations. But it was a sombre homecoming for the minority who did return. They arrived to homelands in which they are no longer friends and neighbours but hated “others,” suddenly unwelcome at festivals and weddings. Taunts and barbs have become commonplace in the region, and young men are particularly discourteous, pulling beards and heckling women in burkhas. Social hatred has replaced traditions of shared living that endured all of living memory. Consequently, many who return are saving to buy land and ultimately move to Muslim villages.
Rural riots are very different from urban ones, because people know their attackers in the former, unlike in the relative anonymity of cities. The sense of betrayal and loss, and the associated anger, pain and bitterness generally runs much deeper in rural riots. As one survivor, who continued to live in a makeshift unofficial camp for nearly two years, remarked to us, “Houses can be built again. But when faith is broken, it is very hard for this to be rebuilt.”
Before the violence, residents in this agri­culturally prosperous region saw them­selves first as farmers and farm workers, then as members of certain castes, and only after this as persons of different religions. The region wasdistinct for its farmer-led politics, and Gujjar and Jat farmers, both Hindu and Muslim, shared strong political andsocial solidarities. Today all of this has crumbled, and cleavages of religiousdifference have erased all other solidarities of class and caste that marked this region during the many decades since independence.
These divided populations represent the triumph of communal politics,successfully undoing histories of shared living between Hindus and Muslims in the region over centuries. This emulates the “Gujarat model”, now unleashed on Uttar Pradesh, which deploys communal violence and hate to drive out and “cleanse” entire villages of their erstwhile Muslim residents. These strategies of engineered social hate continue to yield a rich harvest of votes of polarised populations. But new generations of Hindus and Muslims will be raiseddeprived of friends and neighbours of the “other” community. This will render them much more amenable to communal politics, eroding ultimately the idea of India itself.
References
Ali, Mohammad (2015): “Stranger in Their Own Land,” Hindu, 30 August, http://www.thehindu.com/sunday-anchor/strangers-in-their-own-land/articl....
Human Rights Watch (2013): “India: In Aftermath of Riots, Support Sexual Assault Victims,” 7October, https://www.hrw.org/news/2013/10/07/india-aftermath-riots-support-sexual....
Indian Express (2016): “Kairana Exodus: BJP MP Hukum Singh Takes a U-turn, Now Says It’s Not a Communal Issue,” 14 June, http://indianexpress.com/article/india/india-news-india/kairana-exodus-b....
Jain, Sreenivasan (2013): “The Mystery of Kawwal: Were Muzaffarnagar Riots Based on Distortion of Facts?,” NDTV, 14 September, http://www.ndtv.com/india-news/the-mystery-of-kawwal-were-muzaffarnagar-....
Justice (retd) Vishnu Sahai Inquiry Commission (2016): “Report of Muzaffarnagar Inquiry Commission,” tabled in the Uttar Pradesh Assembly on 5 March, pp 29–32, http://centreforequitystudies.org/report-of-muzaffarnagar-inquiry-commis....
Kirpal, Raman (2016): “Muzaffarnagar Riots: How BJP, SP and BSP Fanned the Flames,” Firstpost, 16 September, http://www.firstpost.com/politics/muzaffarnagar-riots-how-bjp-sp-and-bsp....
Mander, Harsh, Akram Akhtar, Zafar Eqbal and Rajanya Bose (2016): Living Apart—Communal Violence and Forced Displacement in Muzaffarnagar and Shamli, New Delhi: Yoda.
Menon, Meena (2013): “Two Decades On—theInconvenient Truth,” Hindu, 20 March, http://www.thehindu.com/opinion/op-ed/two-decades-on-the-inconvenient-tr....
Mishra, Subhash (2016): “Old Taliban Video Uploaded by Som Fanned UP Violence,” Times of India, 8 March, http://timesofindia.indiatimes.com/india/Old-Taliban-video-uploaded-by-S....
Sharma, Betwa (2014): “Justice Eludes Indian Rape Victims,” Al Jazeera, 8 September, http://www.aljazeera.com/.../justice-eludes-indian-rape-victims-2014978344519501.html.
Tehelka (2013): “3 People Killed in Fresh Communal Violence in Muzaffarnagar, 8 Arrested,” 30 October, http://www.tehelka.com/2013/10/3-people-killed-in-fresh-communal-violenc....

October 06, 2016

India: Muzaffarnagar Ramlila starring Nawazuddin Siddiqui cancelled after local Hindus protest

indiatoday.in

Muzaffarnagar Ramlila starring Nawazuddin Siddiqui cancelled after local Hindus protest

The 42-year-old actor, who comes from Muzaffarnagar, had on Wednesday said he would play the character of 'Maricha' in the programme.

PTI | Posted by Avarnita Mathur
Muzaffarnagar, October 6, 2016 | UPDATED 12:56 IST

Highlights

1 Ramlila programme featuring actor Nawazuddin Siddiqui cancelled.
2 Programme cancelled after opposition by religious group.
3 Siddiqui was to play character of 'Maricha' in the programme.

A Ramlila programme featuring actor Nawazuddin Siddiqui has been cancelled following opposition by a religious group in Muzaffarnagar, police said today.

SIDDIQUI'S CHARACTER

The 42-year-old actor, who comes from Muzaffarnagar, had on Wednesday said he would play the character of 'Maricha' in the programme.

Maricha is a rakshasa (demon), who is killed by Ram. His most notable exploit is his role in the kidnapping of Sita, Ram's wife.

PROGRAMME CANCELLED

The Ramlila program featuring Nawazuddin at Budhana town has been cancelled over opposition by some Hindu activists, SP (Rural) Rakesh Jolly said.

The organisers had to cancel the programme after the activists approached them and expressed their displeasure over Nawazuddin's participation, he said.

October 05, 2016

India: National Human Rights Commission is parroting majoritarian, communal stereotyping

The Indian Express

Not NHRC’s finest hour

Rather than fighting for those displaced by the Muzaffarnagar riots, it appears to be parroting majoritarian, communal stereotyping.

Written by Harsh Mander | Published: October 5, 2016

It is highly unfortunate that the NHRC report plays into the communal stereotype that dates back to Partition — of Muslim young men sexually harassing Hindu girls.

The National Human Rights Commission (NHRC) is India’s highest statutory body constituted for the defence of the human rights of vulnerable people. Since it was created by a statute of Parliament in 1993, it has had a mixed and chequered record in the performance of duties that are critical in a country of such vast historical inequalities and embedded systems of oppression. Its finest hour was in the aftermath of the Gujarat communal riots in 2002, when it actively held the state government to account for relief, reparations and justice for the survivors. But for much of its tenure, the NHRC has often been criticised for inaction during human rights violations in contexts of communal, caste and gender violence and discrimination, extra-judicial killings, torture and forced disappearances.

However, a recent report by the NHRC, for the first time, opens it up to grave criticism not just of inaction, but of actively contributing to a majoritarian, communally-charged discourse. Its team visited the Muslim-majority township of Kairana in western Uttar Pradesh in which some Muslim survivors of the communal violence in 2013 had migrated after being uprooted because their homes and families had been attacked and they felt it was unsafe to return. The report, in effect, regards these Muslim migrants not as victims deserving the defence of the NHRC but as people responsible for contributing to raised levels of crime and the harassment of women which resulted in the “exodus” of law-abiding Hindu residents from Kairana.

The NHRC states that it acted on the basis of a complaint by Supreme Court advocate Monika Arora, but the charge of a Hindu “exodus” from Kairana because of the alleged criminal activities of riot-affected migrants was first raised by BJP MP Hukam Singh. His complaint was part of an old strategy of majoritarian communalists to paint the Hindu community as victims even when Hindu communalists perpetrate communal attacks. His communally explosive charges were disproved by investigations by The Indian Express, The Hindu and NDTV, which demonstrated that most of the 346 Hindus alleged to have left Kairana did so much earlier in search of better opportunities, or were dead or still living in the town.

The NHRC still felt it fit to reinvestigate the same communally motivated charges that had been publicly disproved. It concurs in its report that because of “the post-rehabilitation scenario resulting in resettlement of about 25-30,000 members of Muslim community in Kairana town from district Muzaffarnagar, UP, the demography of Kairana town has changed in favour of the Muslim community becoming the more dominating and majority community”. The report agrees with “witnesses” and “victims” that “the rehabilitation in 2013 has permanently changed the social situation in Kairana town and has led to further deterioration of law and order situation.”

There is much that is extraordinary about these NHRC findings. In a recent report Living Apart: Communal Violence and Forced Displacement in Muzaffarnagar and Shamli, Akram Chaudhary, Zafar Eqbal, Rajanya Bose and I documented the exodus forced by communal attacks of around 50,000 Muslims, of whom around 30,000 were living in poorly resourced and self-settled refugee colonies. We described the enormous suffering of these displaced persons, forced forever to leave the villages of their birth in a continuing climate of hate and fear, moving from camps to tiny tenements, with education, livelihoods and social relationships destroyed. This exodus, caused by communal violence, spurred no action in support of the displaced persons by the NHRC. The thousands of Muslims forced to leave their villages because of targeted communal attacks are not “victims” or “witnesses” for the NHRC. They are, instead, the problem. The “victims” are the Hindu residents of Kairana town where the riot-displaced persons took refuge. It is also noteworthy that since 2013, the NHRC has taken no significant initiatives to assist riot victims.

Further, the figure of 25-30,000 persons having come into Kairana town after 2013 is a gross exaggeration. Our survey, reported in Living Apart, had found around 200 riot-affected families in Kairana. After the NHRC report, Akram Akhtar and his colleagues undertook a fresh survey in case they had missed any resettled families and found another 70 stray Muslim families in the outskirts of the town. Even if we assume an average family size of seven, this would still amount to around 2,000 persons, a far distance from the irresponsible figure quoted by the NHRC.

The 2011 census showed that Kairana had a population of 89,000 persons, of who more than 80 per cent were Muslim. It is difficult to see then how an addition of 2,000 persons had so drastically altered the demography of Kairana “in favour of the Muslim community becoming the more dominating and majority community”, as stated by the NHRC, when it was already an overwhelmingly Muslim majority town. What is even more regrettable is that this small increase of Muslim people internally displaced by hate-violence is stated by the NHRC to have resulted in a deterioration of the law and order situation in Kairana town. Once again, this conclusion is not based on any crime figures or other data presented by the NHRC; instead, this is based on the statements of the Hindu “victims” that its team chose to speak with. The NHRC report states: “At least 24 witnesses stated that the youths of the specific majority community (Muslims) in Kairana town pass lewd/taunting remarks against the females of the specific minority community in Kairana town. Due to this, females of the specific minority community (Hindus) in Kairana town avoid going outside frequently. However, they could not gather courage to report the matter to the police for the legal action.”

Our enquiries with the local police revealed that there were no complaints of so-called “eve-teasing” or lewd remarks by Muslim youth made to them over the last year. It is highly unfortunate that the NHRC report plays into the communal stereotype that dates back to Partition — of Muslim young men sexually harassing Hindu girls. This is even more irresponsible because it was precisely this charge against Muslim youths that sparked off the 2013 communal massacre that led to the killings, arson and forced exodus of Muslims from mixed villages in the region. For the NHRC to accept these conclusions, without any credible independent evidence, reflects its unacceptable complicity in communal rumour-mongering and stereotyping.

This is a precipitous fall for the NHRC, from the heights it attained under the leadership of Justice J.S. Verma — after the Gujarat 2002 communal riots, it chose the mantle of the principal defender of the rights of a survivors of the gruesome attacks. The NHRC was unflinching and uncompromising as it documented the many failings of the state and central government in ensuring the protection, relief, compensation, rehabilitation and access to legal justice for the survivors. It was the NHRC which itself moved the Supreme Court to oversee the investigation and trial of the major massacres. From these heights, the NHRC slipped later to a record largely of wilful passivity during subsequent communal and caste massacres. But it has today allowed itself to echo communal majoritarian labelling of the victims. We have seen many public institutions enfeebled and compromised in recent years. The NHRC is too important a public institution, created as it was for the defence of the rights of the weak and oppressed, to be destroyed in this way.
Mander is a human rights worker and writer.