Minorities Commission demands action against the guilty

Following over 40 complaints of violence against Christian and Muslims in the first six months of this year in Gujarat, filed with the National Minorities Commission by a number of Christian and Muslim organisations, the Commission sent a high–powered fact–finding team under Rev James Massey in August to investigate the situation, in particular, three specific cases. These pertained to the exhumation of a Christian’s body in Kapadwanj, the burning of hundreds of Bibles in a school in Rajkot, and the forcible eviction of the entire Muslim population from the Randhikpur village after two Muslim youth had married or eloped with Hindu girls.

Highlights of the statutory recommendations to the government of Gujarat made by the commission’s chairman Tahir Mahmood, under Section 9(1) (c) of the National Commission for Minorities Act 1992:

l Constitutional provisions relating to Fundamental Rights — in some cases attracting punishment under Sections 295–298 of the Indian Penal Code governing ‘Offences relating to religion’ — have been violated in the BJP–ruled state of Gujarat.

l "By a policy announcement the state government should (a) publicly disapprove the unconstitutional, unlawful and penal incidents of the recent past that have offended religious sensitivities, and (b) affirm its commitment to the protection of the Human Rights, Civil Liberties and Fundamental Freedoms of all citizens in accordance with the Equality and Social Justice clauses of the Constitution of India." In other words, the Commission wants the BJP–run government to publicly censure the actions of other members of the sangh brigade.

l ‘Proper, effective and time-bound investigations by the highest-level state agencies’ in respect of each of the three incidents, and immediate transfer, pending such investigations, of the police officers and administrative officials.’ Proper action to follow against all persons found guilty. Exemplary punishment for officials found guilty of actions or of dereliction of duty.

l Payment of adequate compensation for the loss of life and damage to properties and institutions of a religious nature.

l Restoration of the Gujarat minorities board to a corporation. The BJP government brought about the change.

l Effective deterrent measures by the state government to curb the tirade against particular communities and their religious practices carried on through vituperative pamphlets, leaflets, periodicals and false or exaggerated media reports

l "A state–level meeting of non–political representatives of all the religious communities should be convened by the state government to discuss and evolve ways and means to create, promote and preserve complete communal harmony in the state and to make all citizens of the state, including the majority and the minorities fully awake to the National obligations and responsibilities towards each other."

l "The director–General of Police, Gujarat, should be directed to call periodical meetings of all SPs and other police officers to brief them about the civil rights and liberties of the citizens, including the minorities, and to guide them properly for an effective protection of those rights".

l In terms of Section 9(3) of the National Commission for Minorities Act 1992, the aforementioned statutory recommendations of the commission are to be laid by the government before the state legislature "along with a memorandum explaining the action taken or proposed to be taken" on them. The commission expects the state government to act on this statutory requirement as early as possible.


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