Concerned Citizens Tribunal - Gujarat 2002
An inquiry into the carnage in Gujarat

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Annexure 1

Concerned Citizens Tribunal - Gujarat 2002

 

Terms of Reference

1. Investigation into the fallout of the Ramjanmabhoomi Movement that includes the demolition of the Babri Masjid and atmosphere and incidents in Gujarat thereafter.

2. Investigation into the political policies followed by the BJP government since it assumed power in Gujarat in February 1998, a period that in which it instituted political, social and economic measures/steps/policies in respect of religious minorities.

3. Investigation into the facts of the incidents and circumstances behind the Godhra massacre on February 27, 2002 and whether or not the Godhra incident was pre-planned and guided by a foreign hand

4. Investigation into the cause of violence from February 27, 2002 in Gujarat including

a) a detailed investigation through examination of evidence of some of the worst massacres that took place in Gujarat in 2002;

b) the role played by media in either stoking or controlling violence and feeling of ill-will amongst communities, violating both the Indian Constitution and penal law;

c) the pattern of mobilisation and arms training by groups;

d) the role of the state executive, government, administration in following the law of

the land including Indian Constitution and Indian Penal Code;

e) the role of the Law and Order Machinery - the state police – in pre-empting,

containing and controlling damage to life and property and ensuring the

maintenance of law and order;

f) the extent of damage to lives and dignity of persons, along with a detailed

examination of property loss and damage linked critically to the issue of reparation;

g) the extent of destruction of cultural symbols and places of worship.

4.1 The investigation must examine the use of sexual violence(gang rape and torture) against minors, young and older women across Gujarat after February 27, 2002

4.2 An examination and analysis of the pattern, expanse, intent and planning behind the carnage that was perpetrated and whether it fits into the normal defintions of communal violence as per Indian criminal law; the pattern of pogroms that many previous bouts of communal violence have deteriorated into; and whether or not the killings fall under the category of Genocide or Crimes Against Humanity as per the UN Dec, 1948 and International Covenants and Treaties and Conventions.

5. The investigation must probe the adequacy of the relief and rehabilitation measures taken by the state government consequent upon the loss of life and property from February 27, 2002 onwards.

6. The investigation into the probity with which the state government controlled the violence and protected the life of citizens; took measures —preventive and otherwise, once the violence was unleashed— and investigated the cases of crime and launched steps for the punishment of the guilty.

6.1 The investigation must probe whether the events after February 27, 2002 to date are evidence of a grave and complete breakdown in Constitutional machinery

7. The investigation into the existence of groups and organisations, their mission statements, constitutions and modus operandi (detailed activities) that may be, in effect un-Constitutional, who openly espouse the cult of violence and who are alleged to be in the forefront of verbal provocation and exoneration of acts of violence.

8. Suggestion of concrete and comprehensive measures related to institutions (state government, judiciary and law and order machinery), media and others that should be taken to prevent outbreaks of such violence in future.

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Published by: Citizens for Justice and Peace