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.