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April
2000
Cover Story (secret Hindutva documents) How to bend & break the law Communalism Combat has got access to a secret document from Gujarat that is a potent, inflammatory, step–by–step guide for supporters of Hindutva on how to bend the law, when convenient, and break it, whenever necessary. We reproduce here an English translation of the vitriolic pamphlet in Gujarati that is being surreptiously, but widely, distributed throughout the state. Ø ‘Now that we have our own government we (should take proper advantage of it) and should get our work done by it’ Ø ‘The main attack on Hindu Samaj is that our sisters of tender age are being abducted through inducements and allurements and then made to sign the marriage register after getting converted by force. Hundreds of Hindu girls are being made Muslims like this in Gujarat State. Ø ‘Many times the girl does not agree. If habeas corpus petition is filed in the court and the girl changes her mind, we will be let down. As I mentioned earlier, these problems are not going to be solved by law under the protection of the police or the court. The Hindu Samaj needs to resort to social opposition to find a solution to this and even resort to violent attacks if necessary’. Ø‘The police ran away, the magistrate and his staff hid under the table to save themselves. The Muslim boy and the Hindu girl were beaten to death by the people and their dead bodies were left in the court room…. since thousands were involved, no one was convicted. The incident of Halvad is etched in golden letters in the proud history of Hindu samaj. Revenge of this type is necessary against such abduction of our girls.’ Ø ‘There is not wrong if we abduct a (Hindu) woman and keep her under our custody. But the girl’s people should take the initiative.’ 1. Hindu samaj (society) is being attacked repeatedly by non–religious elements in the country. They are supported by Pakistan, Bangladesh and the Arab countries. In the same way, Vanvasi and poor areas are being attacked by the missionaries on the basis of their economic strength. 2. The Hindu not only loves his religion but also is a lover of festivals. Centuries ago, these festivals had been arranged taking into consideration the birthdays of our great personalities and also the changes in the seasonal cycle. In these celebrations we usually organise various public functions such as pooja, arati, mahaprasad, and varghodo. Each and every section of Hindu samaj (society) takes part in it. Our pilgrimage centres also are filled with devotees coming for darshan on certain fixed days. More than one crore devotees take a holy dip at the Triveni Sangam at Prayag. Recently we have seen that daily lakhs and lakhs of people make pilgrimage to have a holy dip at the Kumbh. Besides these, melas are being organized in small villages on chaitra purnima, vaisakhi, karthik purnima, Mondays of the month of sravan (June–July) and on Saturdays. Together with faith and darshan, people have some fun (on such occasions). These melas have now become the targets of non–believers (vidharmiyo). These people cannot bear the rapid growth of the VHP, the Bajrang Dal, Durgavahini and to a certain extent political parties like the BJP. We and our institutions are being attacked by lethal weapons like bombs, AK 47 and rifles. 3. In our country, all the activities undertaken by the subversive forces are criminal in nature. Cases are filed about such criminal activities. But using money power they outsmart us. The police forces are also not enthusiastic to book them since they have close contacts with them. On such occasions we are not able to show proper awareness and smartness, and as a result the criminals find an open field for their activities. The court also is not able to do anything. Not only that, under one pretext or another, they tend to flourish more and more. 4. In the Vanvasi areas of Surat, Christian Fathers and missionaries are inflicting atrocities on our Vanvasi brothers and sisters. Threats, inflicting injuries and also incidents of sexual assaults on our sisters are taking place. Since our samaj lacks sympathy and proper guidance, no complaints are filed of such incidents; and even if they are filed, they outsmart us with their money and influence. Children of our leaders and higher authorities are studying in their convent schools; because of that their institutions are able to exert an influence on our officials. Recently the missionaries engineered an attack on the Sangh Shakha of Isanpur village in Mandvi Taluka. News has been reported of the sexual assault on Undha, a Vanvasi sister at Anandpur village of Ucchal Taluka, by Reverend Ramanand Baudh. The police did not take any action when a complaint was filed in the village and did not apprehending the accused. At last, when our activists of the area represented the matter, the police got scared and they were forced to arrest the Padri. 5. Hindu samaj has been repeatedly attacked in Surat City. The original inhabitants are very frightened and subdued but in this samaj there were some courageous individuals such as Naresh, Naicam, Bala and Devlo. The Muslims plotted to finish off these three. They engaged sharp–shooters and within a short time, by eliminating them, they have tried to weaken the samaj. In order to show on record that they have caught the culprits, the police rounded up some people and reported that they have caught the culprits. But it is our bad luck that the real assassins were caught only after several months. Our government was not able to keep these accused in the jail. In this context, we shall try to understand some of the legal implications, to see how we should remain alert as activists. 6. The Criminal Procedure Code (CrPC) is one of the main legal provisions wherein the investigation of crime and provisions related to the duties of the police etc., are included. 7. There are two types of crimes. In cases where there is provision for punishment for two years or less, where the (accused) can be granted bail, the offence is called a bailable offence. 8. In cases wherein someone is caught in a crime that is a bailable offence, even if the police catches the offender they are bound to release him on bail. According to the CrPC, under article 436 (1), if the accused is charged with a bailable offence, and, if the police station in–charge detains him without warrant, or if he is produced in the court, or if he surrenders in the court and if he is under the custody of such a police officer, the accused can, at any stage during the court procedings, be released on bail. If the police fails to release him after being granted bail, a complaint can be made about it to the magistrate. 9 . Another distinction in law is between a cognizable offence and non–cognizable offence. Article 2(a) explains the distinction between the two kinds of offences. According to the distinction made under section 2 (a) of the CrPC, an offence is cognizable wherein the police officer can, according to the first schedule or following the law in force at that time, detain (the offender) without warrant. 10. In the language of the court, this difference is termed cognizable and non–cognizable offence. Two separate registers are maintained in the police station for recording these two types of offences. In cases where the police have no authority to book a person without warrant, which are non–cognizable offences such as minor cases of using offensive language (bad words), inflicting minor wounds in a scuffle, using threats (not threats of murder) etc., they are registered as non–cognizable or (N.C.) offences and are registered in the N.C. register. In case the offence has caused ordinary injury only, the complaint is filed in the N.C. register and the victim sent to a government hospital for treatment and obtaining a certificate of injury. A note is then made in the N.C. register stating that the complainant is free to file a complaint in the court, if he wishes to do so. The signature of the complainant is affixed below the note. 11. Serious offenses are mostly cognizable crimes. Important provisions on how to register complaints in this regard are given in the CrPC, articles 154 and 156. They are as follows: (a) The police station in– charge has to record or make someone else note down any information regarding crimes, which come under the purview of the police, even if complaints are given orally. The police has to read it out to the one who provides the information and make him sign the written information. The police official is also bound to write a summary of the complaint in the record book in the proper form prescribed by the state government; (b) Under sub–section (1), one copy of the written document should be given immediately, free of charge, to the one who makes the complaint. (c) If the police station in–charge refuses to record the complaint, the person who is thus refused can write the main points of the information and inform the superintendent of police (SP). If the SP is convinced that the police officer has failed in his duty, then he can undertake a police inquiry himself as laid down according to the above rule or he can order his subordinate officer to do the same and such an officer will have all the powers of his superior in the relevant case. The powers of the police officer to investigate police cases under article 156: (1) The officer in–charge of the police station, without the order of the magistrate, can investigate the cases of police officer in the areas falling under the local police station under the provisions of chapter 13; (2) Citing the reason that he has no such power to investigate, no objection can be raised at any stage against the action of the police officer in such cases; (3) Any magistrate having powers under article 190, can order a police inquiry as mentioned above. 12.Two important things are to be noted: (1) serious crimes that are cognizable and which are reported to the police station should be noted down immediately, and, (2) the complainant should be given a copy of the written complaint after affixing his signature to make sure of what is written in the complaint. Our experience is that even after filing complaint about certain anti–social and criminal elements who are involved in crimes, police have not been recording their names even after their names were supplied. The police have been trying to save them because they receive hafta (regular bribes) from them and also they share their tiffin (lunch box). The persons who have complained can find out if the police has committed such irregularity when they read the copy of the complaint. 13.Another additional provision is that if the police officer either refuses to write down the complaint or has not written it as narrated, then the superintendent can be informed through the post. After we post a complaint, the crime will be registered and the necessary steps will be taken. But in this much time will be wasted and many times the objective of the complaint will not be fulfilled. So instead of sending it by post, sending a telegram will be better, even if we have to spend more money. Actually, after preparing the telegram if it is shown to the police officer and he reads it, he will realise that the complainant will not bow down to any pressure from anyone. Wanting to save himself, he will, then register the complaint. 14. We are being attacked often. There are attempts to disrupt our festivals. Stones are pelted at the chariots of the Lord. Recently incidents have been reported of bombs being planted and sometimes firing from automatic weapons. Non–believers are threatening grass–root workers while they are engaged in social work. They have the right to defend themselves when such incidents occur, but along with it, it is essential to file a complaint about it immediately. 15. As mentioned above, according to CrPC, article 154, whatever complaint is accepted in the police station, a short summary of it is made in the station diary and then the complaint is recorded in the book as a First Information Report (FIR). The first information that the police records of the crime is considered FIR. This can be done orally or sent through telephone, telegram, or in writing. This FIR plays a very important role in the judgment of the case in the court. In order to decide whether there is sufficient proof to convict the accused, information conveyed by the complainant about the facts immediately after the event took place is very important. Many times, the details of the crime, names of witnesses, reason for the crime etc. are well–known to the complainant. But in spite of these details being known to him, they are not entered in the FIR. If, after the lapse of some hours or days, they are revealed during the police inquiry, it is argued that they are made up stories and the case becomes suspect at first glance itself, if the complainant is not able to give adequate explanations for the delay. If the complainant is not able to give adequate explanation for delay, the accused take advantage of this. And even if the crime was committed in broad daylight, in the presence of hundreds of people, the accused is acquitted. So if we are involved in such cases, we have to be alert and in dictating the complaints the following care should be taken: a) Complete details of the culprit including his address should be given. If you do not know these, then description of his face, his clothes, the sort of footwear he wore, the language he uses, the tone of voice in which he spoke should be given, as these details help the witnesses to identify the culprit when he is caught and paraded in front of them; b) Details of the crime: how and which way the criminals came, whether single or in a group, what they were speaking, which way they went back and what they were speaking, etc; c) Whether the criminals, while running away, have left any signs at the site of the crime or not. Many times in the scuffle, the criminals leave their footwear, clothes, and weapons. If they are injured, then drops of blood etc., should be reported; d) Which criminal has inflicted wounds on which part of the body by which instruments on the persons who are of the party of the complainant; e) The type of the vehicle in which the criminals came, such as scooter, motorcycle, rickshaw, car, tempo etc., and if possible its registration number, and if not, details of the colour and the make of the vehicle. f) Actual details of the place where the crime took place and the evidence to prove the place of the crime. If, at the place of the crime there are drops of blood; if someone is injured there may be a pool of blood; or if there are signs of being hit by sharp instruments such as an axe or dhario (sickle like weapon) — these are enough proofs to show that it is in the location of the crime. You can also include details such as stones thrown at the location or fire balls. g)Names of witnesses to the crime; h) If the incident has taken place due to other events, then the causes for such, which are called ‘motives’, under the law; i) Many times the attackers had pre–planned the assault and if so such details; j) When we make a complaint, we need to be very well prepared; sometimes influential people commit crimes and they hide behind ordinary people like their servants as the culprits. On such occasions, if you are alert, you can give the names of those elements who are responsible, their names can be implicated in the case right from the beginning. The law contains the word “chance–witness”. We understand that in any crime if there are no clear evidences then the accused will not be punished. Many times, incidents occur in such locations where even though there are witnesses to the crime, such as when a person is beaten up, they will not come forward to testify as witness. If the accused is shrewd enough, then he will present himself together with his people to the police and declare that he is ready to provide evidence and thus provide witnesses. These witnesses may be staying close to the place of the crime and can be very important witnesses. But since they are in collusion with the accused right from the beginning, they can change their stand in the court and as a result, the accused are let free even though they have committed the crime. We should not become victim to this conspiracy. k) It is necessary to give the names of witnesses when we make the complaint. In some instances, when the witnesses may not be willing to stand witness, we should arrange to have our men as witnesses. Many times real witness also may give answers anyhow when cross–examined and, as a result, the reliability of the witness suffers. So when we give the name of the witness, first we have to make sure whether he will remain firm in the court and also whether he is reliable otherwise. The accusation of “chance witness” is a very effective weapon in the hands of the accused. Many times, the witness does not live near the place of the crime and there is no reason for him to be present at that particular time and place. Such a person is called a “chance witness” in legal parlance. But if the enquiring officer as well as the lawyer pleading for the complainant are alert, the presence of such chance witness can be shown as natural. l) In order to prove the crime, the one who gives the complaint should make sure of the names of the accused and the witnesses and they should be arranged if need be. m) The person who makes the complaint feels that the police have noted down his complaint, and have arrested all the persons whose names were given and have done the proper procedure. After breaking down the (mosque) at Ayodhya, in the incidents that took place in Surat, the police had detained both Hindus and Muslims. But the state government was then ruled by Aurangzebs. As a result, when the Hindus were caught in the cases, the police penal codes were applied to their crimes. Sometimes they were implicated in attempted cases of murder. These Hindus were implicated in serious types of crimes and were detained in the jails for months. The police used to detain Muslims
in equal numbers, some times even larger numbers. But the following
morning when they were presented before the executive magistrate (mamlatdar),
they all used to be granted bail and left free to go home. They used to
twirl their mustaches if to challenge us that we can do no harm to
them. All these were arranged by a Muslim minister and other senior leaders
of the Congress Party. In such a situation we have to be alert. Now that
we have our own government, we (should take proper advantage of it) and
should get our work done by it.
17. One of our volunteers learnt that a Christian Padri (pastor) had sexually assaulted a Vanvasi sister in the Uchhal police station area. But the police who were in collusion with the Christians deliberately did not apprehend the pastor. When the woman volunteer approached the concerned police authority, she was told that the culprit was under police custody and had been produced before the Vyara magistrate, and was detained in the Vyara jail. The woman volunteer was smart and fearless. She asked the police officer to show her the pastor wherever he is. At last, under her pressure, the pastor was arrested after three days. I told her that the police misled her for two days. She said she suspected from the beginning that the police was telling her lies. The police will not behave in this manner if you note down and show him whatever he has said. You should behave as if you are going to send it as a telegram to the chief minister, home minister and the district superintendent of police. 18.Recently, the Honourable (home minister) Haren Pandya has issued a very important circular. If the police is not ready to register a crime, the complaint can be made before an executive magistrate (mamlatdar). We believe that such complaints can be made to the sub–divisional magistrate (deputy collector) or even to the district magistrate (collector). According to the circular, it is the duty of the authorities to send the original complaint to the police and to instruct them to register the crime. 19. The main attack on Hindu Samaj is that our sisters of tender age are being abducted through inducements and allurements and then made to sign the marriage register after getting converted by force. Hundreds of Hindu girls are being made Muslims like this in Gujarat state. 20. There are three articles in law related to this. It is a crime to abduct any woman who is below 16 years of age from her guardian according to section 363 of Indian Penal Code (IPC). Forcing a woman against her will to prostitution or to marry is a crime under section 366 of IPC. It is a crime of sexual assault under section 367 of IPC to force a woman to have sex with her. Even if a girl below 16 years has given her consent to sex, it is a crime of sexual assault. The age of the girl is important in cases of abduction and sexual assault. Most often it is not difficult to save girls who are not legally adults. But it is difficult to get back an adult women from the clutches of these (anti–social) elements. Unfortunately, the girl’s own people, such as mother, father, brother, or uncle, are not enthusiastic in this task. If the girl’s party is prepared, then even by using threats and punishment and taking law into our hands and unmindful of any violence or untoward incident that may take place, we should take the girl into our custody. In a criminal case, if the girl is under our custody, even if the marriage is recorded, the man will not be given custody of the girl. In such situations, there is a provision to send the girl to the home for protection of women. There is not wrong if we abduct the woman and keep her under our custody. But the girl’s people should take the initiative. 21. Many times the girl does not agree and if habeas corpus petition is filed in the court, and there if the girl changes her mind, we will be let down. As I mentioned earlier, these problems are not going to be solved by law under the protection of the police or the court. The Hindu samaj needs to resort to social opposition to find a solution to this and even resort to violent attacks if necessary. In the case of Halvad village, a Muslim boy abducted a Brahmin girl. The girl was of age and the case was under investigation under the Halvad court. On the day of the court verdict, the Miyo (Muslim) was bold enough to move around the village with the Brahmin girl. The people got agitated because of this. Not five, twenty five, hundred, two hundred; more than thousand people pounced on them with pipes and iron rods in front of the court in session. The police ran away, the magistrate and his staff hid under the table to save themselves. The Muslim boy and the Hindu girl were beaten to death by the people and their dead bodies were left in the court room. A case of murder was registered and many people were arrested. The matter was recorded in the court and the magistrate also gave his statement. But since thousands were involved, no one was convicted. The incident of Halvad is etched in golden letters in the proud history of Hindu samaj. Revenge of this type is necessary against such abduction of our girls. 22. In the Vanvasi areas, attempts are being made to implicate our Vanvasi brothers and sisters, who are not lured by the inducements offered by the missionaries, in legal clutches. We should take revenge for this also. In the complaints we file to take revenge, we should implicate the top authorities of the mission and if possible foreign missionaries also. They may not be convicted in the court in the end, but they should be made to go up and down the court for months on end and thus their having to undergo harassment is also a type of punishment. 23. The cause of cow protection is also important for us. After Gitaben was was murdered, there was an amendment made to the Bombay Cow Protection Act of 1954 and a complete ban on cow slaughter was imposed. But taking into consideration the judgement of the Supreme Court in a case of similar nature in Madhya Pradesh, the Honourable Gujarat High Court has judged that the amendment is constitutional. In actual fact, there is a need to amend the Constitution for this. Our Constitution is framed by vain secularists and not by the patriots who were inspired by Hindutva. Our people are fooled by saying that Pandit Jawaharlal Nehru and his supporters have made provisions in the Constitution against cow slaughter. In article 48 of our Constitution, dealing with the provisions for the scientific development of agriculture and animal husbandry in order to improve the stock of cow breeds, provision is made to prohibit slaughter of weak cows and their progeny. According to the cow protection law, before cattle slaughter, it is necessary to obtain a certificate from the proper authority stating that the cattle is fit to be slaughtered. These authorities collude with the agents and collaborate in the slaughter of cattle that is taking place daily. We should keep a strict watch on the daily activities of such officers. Nagarpalikas, municipal corporations, zilla pancchayats and even the government are all ours. Strict action should be taken against these officers, through all these institutions. It is prohibited to slaughter young cows and any female progeny of the cow which is useful in farming or any other type of use or if it can yield milk or can give birth to a calf. Is this law in force? 24. Even if the cow protection law is enforced completely, cow slaughter can be stopped. This year before Bakri Id and on the day itself, we undertook many confrontations and as a result we were able to save the lives of thousands of gaimathas (cow–mother goddesses). But for this we need to prepare at least two months in advance and organize the Hindu samaj or a grand scale; then only can we achieve some result. Cattle are exported by truck and for this transport permission is needed. The shifting of cattle should be done under the purview of the law to prevent cruelty to cows. Such legal provisions exist. Where the transfer of cattle takes place, those Hindu brothers who are involved in this business should be made to understand and made to stop this business. We should make special efforts on Bakri Id days by making true or false complaints related to cow slaughter. We can do much work by building good relationship with the police and getting their collaboration. 25. The provisions of the law are not such that can be explained by writing on paper. It demands careful study of the day–to–day amendments of the law and judgments in the court etc. In reality, our main task is to enforce the existing law through the government authorities and the police. |
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