MARCHING ORDERS !

(The Gujarat Government sends out Sisters who have selflessly served the Leprosy patients for fifty-seven years through a Government facility) - Fr. Cedric Prakash sj * The Gujarat Government has done it again ! In an order which smacks blatantly of discrimination, it has wound up the services of five Catholic Religious Sisters who were administering the Leprosy Hospital in Ahmedabad on behalf of the Catholic Diocese of Ahmedabad. The decision clearly reflects the mindset of the Government towards Christians and other minorities. The order itself, to handover charge and leave the hospital was given to the Sisters on April 1st 2006, the day after the expiry of another agreement with the Government of Gujarat which was effective from April 1st 2001 till March 31st 2006. The irony is that the Salesian Missionaries of Mary Immaculate (SMMI) were running the hospital from 7th October 1949 uninterruptedly and selflessly. No reason has been given to the Sisters for the Government not renewing the agreement. One has to travel to early 1948 when the Society of Jesus, under the leadership of Fr. Vilallonga, the then Ecclesiastical Superior of the Ahmedabad Mission used to visit the Leprosy Asylum in Kagdapith, on the outskirts of Ahmedabad city. This Leprosy Asylum was directly under the control of the Government from Bombay. However, the patients lived in very inhuman and deplorable conditions. They were just left to fend for themselves with absolutely no one to care for them or to provide them even with such basic amenities like a toilet. All that the Government would do for them in those days was to send them some meagre ration which would be distributed by a watchman and occasionally some “generous souls” used to come outside the leprosy asylum and throw grain to them from a distance “fully satisfied” that they had done their good deed for the day ! Fr. Vilallonga stepped into the misery of these patients and with typical Christian charity, provided them with solace, recognition and acceptance. He used his good offices to help ameliorate their conditions and because of his constant pleadings, the Government finally relented and agreed that (through a resolution of the Government of Bombay No. 5775/33 dated 30th March 1948) the management of the Leprosy Hospital would be transferred to the care of the Ahmedabad Mission. It was indeed a red letter day for the leprosy patients and very specially for their “saviour” Fr. Vilallonga. But Fr. Vilallonga knew that he could not undertake the arduous task alone. He decided to do the best. He invited the Sisters of the Salesian Missionaries of Mary Immaculate who were at that time running the Leprosy Hospital in Kumbakonam, Tamilnadu (one of the biggest in Asia). The Sisters willingly agreed to accept his invitation and on the 7th of October 1949, three of the Sisters arrived in Ahmedabad to take charge of the Leprosy Hospital. Since that eventful day, there has been no looking back . For almost fifty-seven years, it has been a labour of love for these Sisters who have cared for and nursed thousands of leprosy patients, who took refuge in the sanctum of the hospital or who came for treatment as out-patients. The Sisters were able to provide a new dignity and meaning to the lives of these patients, helping many of them to be rehabilitated and ensuring that their children are brought up, well educated and have a future in sight. Over the years, there were several other services provided by this hospital like physiotherapy and reconstructive surgery. The rehabilitation programme included tailoring classes, weaving, carpentry, cane-work and the provision for those who leave the hospital to have a house, own an auto-rickshaw, etc. The bounty and the generosity of the Sisters was unlimited as they touched the hearts of numerous benefactors from Ahmedabad and other parts, in order to help these patients, take their rightful place in society. The programmes organized by the Sisters be it on Leprosy Eradication Day (January 30th) , Diwali, Eid or Christmas were always unforgettable events not only for the inmates but for other citizens who went to share the joy and camaraderie with the patients. Much can be written about the work of the Sisters. In fact, two of the pioneers, Mother Noemi and Sister Marie Juliette were decorated by the French Government with France’s highest civilian award, “The Legion D’Honneur”. So, why did the Government of Gujarat want to suddenly stop the Sisters’ services after fifty-seven years ? Shri Ashok Bhatt, the Health Minister of Gujarat has gone on record saying that “there is no more leprosy in Gujarat !”. How does one account for the fact that there are almost fifty patients living in the hospital premises today and almost hundred others who come regularly as outpatients ? What can one make of the fact that there are several other leprosy hospitals and institutions run by private bodies and even the Government of Gujarat, spread across the State even today ? Whilst the incidence of leprosy has definitely shown a marked decrease, the latest report of “The National Leprosy Eradication Programme” (NLEP) very clearly mentions that in Gujarat, the incidence is approximately one-to-two for ten thousand. Leprosy is definitely not eradicated in Gujarat today ! There are also insinuations that the sisters were proselytizing., This is absolutely ridiculous because most of the patients are practicing Hindus with a full-fledged mandir on the hospital campus, there are a few Muslims and some Christians (who sometimes join the Sisters for their Sunday Mass). The Government suddenly seems to have woken up to the fact that the Sisters were Christians and perhaps it was just too much for them to accept Jesus’ message of Love and Compassion in actual practice. Perhaps, the Sisters were actually preaching Christianity by their very lives of selfless service ! Sister Karuna, who was the Lady Superintendent of the hospital till the 31st of March 2006 was extremely hurt when she voiced her dismay of the way that they were being treated by the Government. “They gave us no reasons” she asserted, “they just told us that we had to leave the place since the contract had expired”. Her companions were all speechless as they slowly went about packing their meagre belongings from the premises they called “home and Convent” for so many years. Sister Martine was there for nineteen continuous years; Sister Mary Jose worked in the Lab, Sister Christina was the Mother figure to the lady-inmates and Sister Mercilline in the prime of her youth serving everyone with a smile. One could see heavy hearts and tears in the eyes of the leprosy patients as a golden chapter of Love, Service and Compassion was brutally being trampled upon by an insensitive and fascist regime. In a statement Bishop Thomas Macwan of Ahmedabad who was the Manager of the Hospital strongly asserts “There is absolutely no reason why the Government should not have renewed this contract save for the fact that we are Christians, serving the leprosy patients of Ahmedabad selflessly, with generosity and with compassion”. The Sisters have left the hospital holding their heads high, knowing fully well that they have accomplished much over the years. The Government of Gujarat now stands accused of depriving some of the most despised people of the State (whom Mahatma Gandhi reached out to) with the healing touch which these Sisters were able to give. As Advani’s rath yatra rumbles through the breadth of the State, preaching hate and inciting violence, will he dare listen to the cries of the leprosy patients of Ahmedabad ?


Related Reports :

One less place for those unwanted
Indian officials insist fewer patients, not religion, forces closing of Leprosy Hospital run by Catholic order

By Kim Barker
Tribune foreign correspondent
Published May 11, 2006

AHMEDABAD, India -- For as long as the leprosy patients can remember, the nuns have cared for them in the government hospital, bandaging their wounds, handing out pills and giving them food.
But last month the state government kicked out the sisters. Soon, the Leprosy Hospital will close its doors.
The official reason is that leprosy is finished, a dying disease. But many here believe the decision has more to do with the pro-Hindu philosophy of the government of the western state of Gujarat, blamed for attacking Christianity and Islam since taking power in the late 1990s.
"I think religion has gone against these nuns," said M.D. Khursheed, the secretary of a nearby leprosy colony of 42 families. "Otherwise, there's no logical reason."
A small number of people are affected by the closing--five nuns, fewer than 100 leprosy patients and 368 HIV-positive patients in another program. But the decision has bigger implications for the government, long plagued by charges of persecuting religious minorities. Christians have been attacked for allegedly trying to convert Hindus. In 2002, Hindu mobs in the state slaughtered more than 1,000 Muslims in riots lasting several weeks.

Official: Leprosy eradicated

Ashok Bhatt, the health minister of Gujarat, dismissed allegations that the decision was based on religion. He said the nuns' contract was not renewed because leprosy has been eradicated from the state.
"These people who have tried to defame Gujarat have no agenda but defaming Gujarat," Bhatt said. "My only prayer is, `God save them.'"
Treating leprosy patients has long been the work of Catholic nuns and Christian missionaries. Leprosy patients--easily recognizable because of missing fingers and toes and facial deformities--have been outcasts in most countries, not just India.
Because the disease is contagious and disfiguring, leprosy patients have typically been isolated, kicked out of their homes and moved into colonies. Often, only missionaries and nuns would care for them.
Catholic nuns, from the Salesian Missionaries of Mary Immaculate, took over the hospital from the government in 1949. After that, the government renewed the contract every five years. The contract always forbade the nuns from converting patients. Nuns insisted they never tried.
"I lived my Bible," said Sister Karuna, the former supervisor at the hospital. "I did not preach it."
Over the years, advances against leprosy have been made; new drug therapies can cure leprosy within a year. Leprosy cases dropped from about 10 million worldwide in 1985 to about 400,000 last year.
Colonies for so-called lepers have closed; in many countries, attempts have been made to reintegrate them into their communities and families.

`They destroyed our churches'

But in India, that is tough. People with the disease live on the margins, often as beggars. For some in Ahmedabad, the Leprosy Hospital and the leprosy colony are the only places they know as home.
The nuns' contract last came up for renewal in 2001, a few years after the Bharatiya Janata Party won power in Gujarat. Under the government, Catholics have had a difficult time, said Rev. Cedric Prakash, a Jesuit priest and social activist.
"They destroyed our churches; they beat up Christians," he said.
The government balked at signing the contract in 2001, Prakash said. Only after a lot of pressure and negotiation was it signed, he said.
This year, it was clear the Leprosy Hospital had little chance. Government officials sent a letter in late February saying the contract would not be renewed, and they refused to negotiate.
The hospital will close soon, along with the two other government leprosy hospitals run by Catholic nuns. The sisters have already moved back to their convent, but they are still trying to find a suitable place for their program that helps patients with HIV and AIDS.
The hospital will likely become a research center in the coming weeks, officials said. Remaining leprosy patients will have to leave.
The nuns and advocates worry that the decision will further isolate marginalized groups in India: people with HIV or AIDS, and leprosy patients.
"The government is not punishing the sisters," Prakash said. "They're not punishing the Christians. They're punishing the leprosy patients of Gujarat."
Dr. Julie Desai, the hospital's medical officer, insisted that the care is the same from the government workers who replaced the nuns early last month.
But leprosy patients told stories of being forced to wait outside other hospitals when they had open sores. They said the nuns touched them when caring for them. Government workers do not.
Bhimaji Thakore, 69, a Hindu, has been living at the Leprosy Hospital since Feb. 27. He said he has seen the difference in care between the nuns and the workers who replaced them.
"For all of us, the nuns were our gods," Thakore said. "They did everything for us. . . . These people insulted the sisters. It's like insulting or hurting a god."
----------

kbarker@tribune.com

IS THE GUJARAT GOVERNMENT AFRAID OF SOMETHING ?

By Fr. Cedric Prakash sj


The BJP Government in Gujarat rode to a massive two-thirds majority victory in the Assembly Elections of December 2002. This was mainly due to a meticulously organized pogrom on the Muslim minority of the State which is infamously called the “Gujarat Carnage of 2002”. There was another aspect in their Election Manifesto which they propagated far and wide prior to the elections, namely that an anti-Conversion Law would be in place after they came to power.
This promise they did keep when on March 26th 2003, (exactly three years to date) they rode rough-shod over a feeble opposition and unanimously passed. “The Gujarat Freedom of Religion Act 2003”.
Very ironically, that same day, Haren Pandya, a former Home Minister of Gujarat and a vociferous opponent of Narendra Modi was gunned down in the heart of the city in broad daylight. The truth of his assassination has still not yet emerged but if one listens to Mr. Vitthalbhai Pandya (his father), then one will easily be convinced that the murderers of his son are not the “Muslim terrorists” who are being accused.
Very strangely, inspite of passing the Act, till today, the Gujarat Government has not been able to frame the rules needed to govern the implementation of the Act.
In its essence, the Act meant “to provide for freedom of religion by prohibition of conversion from one religion to another by use of force or allurement or by fraudulent means and for the matters incidental thereto !”.

The key clauses of the Act are :

Ø anyone wanting to convert / wanting to convert another, from one religion to another needs to take the prior permission of the District Magistrate.

Ø whoever contravenes this Act will be punished for a period extending upto three years and also liable to a fine which may extend to Rs. 50,000/-.

Ø however, if the person happens to be a minor or woman or a person belonging to a Schedule Caste or Schedule Tribe, the imprisonment extends upto four years and the fine extends upto Rs. 1,00,000/-


Once this Act was passed, the Government of Gujarat was not able to answer simple questions. Are there any instances of forced conversion in Gujarat ? Has anyone complained ? What does “allurement” mean ? If for example, a person is promised “a more peaceful life” or a technique in the “art of living”, in the acceptance of another religion or way of life - does that amount to “allurement” ? And what happens if one would like to embrace Hinduism, Sikhism, Jainism or even Buddhism ? Does one need “permission” for that conversion ?
Then come certain draconian aspects of the law: Who is the District Magistrate to sit on judgment on matters related to faith and conscience ? How does one decide if “permission “ has to be given or not ? What is the time limit by which the DM should give his or her “permission” ? What happens if one who is a “believer” would like to become a “non-believer” – an agnostic, an atheist ? Does that amount to changing one’s religion ?
Why should there be more punishment for a women, dalit, adivasi or minor if they contravene this law ? Is it because these groups are lesser than the “brahminized males” of society ?
On Christmas Day 2005, in a widely publicized debate on one of the TV channels, the Home Minister of Gujarat, Mr. Amit Shah was challenged as to why the rules which are necessary for implementing this law were not being framed. He had absolutely no answer and later on, when the media grilled both, his department and the legal department, each began putting the blame on the other.
Very obviously, the level of rhetoric was raised at the Shabri Kumbh Mela in the Dangs from February 11th to 13th 2006 which spewed venom and hate on the Christians.
One of the resolutions of this mela was to ensure that there was a national law to ban conversions. A couple of weeks later, in a much publicized meeting of the RSS in Orissa, a similar resolution was adopted. The questions which has to be asked is : why did the NDA, when in power, not enact such a national law ? Why do they want the UPA Government to do so now ?
Whilst it is true that the law, as it is, is toothless; it is also a fact that it is like a Damocles’ sword, with some petty officials misusing it to threaten and intimidate the tribals and the dalits.
Jayalalitha in Tamilnadu brought in a similar but less draconian legislation sometime ago, but she had to eat humble pie so very conveniently and strategically, she withdrew it. The Gujarat Government is in a similar quandary: having passed the legislation, they are just afraid to frame the rules for this law. The fact is that when they do so, they know that it will be challenged.
Another question that needs to be asked, “is the Government of Gujarat really afraid that hundreds and thousands of people from the State will actually embrace Christianity ?”. If this is so, why do they not have the courage to ask the one question which they should be asking themselves - “Why are people wanting to convert to another faith ?”. In the meantime, the Government and its cronies continue to harass the and intimidate Christians, Muslims and other minorities with a terrifying regularity. They are doing all in theirpower in order to “justify” a draconian law.
The Government has conveniently forgotten that Article 25 of the Constitutions guarantees every single citizen, the freedom to practice, preach and propagate the religion of his/her choice. Defending this Right is the Constitutional mandate of the Chief Minister and his ilk, not any other.
March 26th 2003 was indeed a bloody day in the histroy of Gujarat . Civil society must speak out for justice, freedom and truth in order to guarantee that such days will never be repeated !

And, we need to know…..Is the Gujarat Government afraid of something ?

THE WORLD WILL NEVER FORGET : 27th FEBRUARY

* The world will never forget that :
the penultimate step towards Adolf Hitler gaining complete control over the destiny of Germany were taken on the night of
27th February 1933 when the Reichstag (German Parliament) was destroyed by fire. The fire was almost certainly planned by the Nazis,
Goebbels and Goering in particular. A Dutch communist, Marinus van der Lubbe, was made scapegoat for the fire, but the main outcome was
that Hitler was given an excuse to have all the Communist deputies of the Reichstag arrested.
* The world will never forget that :
the coach S-6 of the Sabarmati Express Train was set on fire at Godhra Station on 27th February 2002, Till today, the truth of this fire which
killed 59 people, has not been established. That night, a high level meeting was held in Gandhinagar. People who have spoken against this
meeting have either been killed or been punished. The world wants to know what transpired at that meeting and why so many innocent people
were killed in Gujarat in the days and months that followed.
* The world will never forget that :
in the Social Science Textbooks of Gujarat State, Hitler is eulogized. The Holocaust is conveniently forgotten….it seems as though the
extermination of six millions of Jews just did not take place.

(An Austrian Court has convicted British historian David Irving for denying the Holocaust. He has been charged under law that defines
denial of the holocaust as a crime. Many European Democracies including France and Germany have similar laws that protect the
memory of the Holocaust from any kind of questioning. Such laws derive legitimacy from the understanding that denial of the Holocaust
is only the first step before justifying a crime unparallel in History - from THE TIMES OF INDIA editorial, 27th FEBRUARY 2006).
* The world will never forget that :
thousands of the victims of the Gujarat Carnage still wait for justice. The Best Bakery Case Judgment has come as a ray of hope….there are many
victims who eagerly wait more of such Judgments.
* The world will never forget 27th February 2002 and its aftermath


Just “not forgetting” does not help…… Act now and together, to ensure that such acts are never repeated in the History of Mankind – very specially that JUSTICE Triumphs and TRUTH is Vindicated in Gujarat !

DANGS : GROUND ZERO

By Fr. Cedric Prakash s.j

The widely circulated daily newspaper from Gujarat “ Sandesh” screened banner headlines on Sunday 5th February, “Missionario Samay Murari Bapuno Dhrujaro”(Murari Bapu attacks missionaries).The full length article contains all kinds of expletives and allegations against the Christians …It is the same Murari Bapu (a well known Hindu preacher with the mass following in Gujarat), who more than one and a half years ago, had suggested that Subir the tiny village in a remote area of the Dangs district should be the venue of a Shabri Kumbh.

That Murari Bapu makes such statements against the Christians is not totally unexpected from someone who has also become the poster boy of Hindu fundamentalists and fascist forces. Murari Bapu is just one of the star attractions at the Shabri Kumbh which will take place in the Dangs district from February 11 – 13, 2006; the others who are lined up are the whole range of the Hindutva shouting brigade: all shades of politicians, “sants” and others. Their website still loudly proclaims that more than five lakhs are going to gather for this Kumbh Mela. How many will ultimately turn up is any one’s guess. The crude fact is that even if just fifty percent of their estimated numbers come in, it will still overwhelm the tiny population of one lakh eighty thousand (the vast majority being tribals)who inhabit the Dangs.

The Dangs is a protected forest area; its beautiful sylvan surroundings with vast tracts of virgin forests, easily make it the envy of many other hill stations. However, the massive preparations for this Shabri Kumbh has resulted in the destruction of thousands of trees and made way to “development” (in terms of townships and roads) thanks to the massive amounts of funds being poured in by the Government of Gujarat. For an ordinary tribal who has no access to clean drinking water, primary health care or quality primary education, this massive showcasing of “material development” has left him dumb founded. Whilst some naturally see this as “progress” the vast majority really do not know how to react to this situation.

For the less than ten percent, who are Christians (some of them have been Christians for several generations) the onslaught which has already taken place by this Kumbh Mela is both intimidating and frightening. For several months now, sadhus in the guise of mendicants have been doing the rounds in their villages terrorizing them to give up Christianity and to participate whole heartedly in the Kumbh mela. What will actually happen during the days of the Kumbh is left to be seen. The “partakes” (pamphlets) distributed by fundamentalists organizations are obviously to raise the bogey of conversions and desperately calls for a “Ghar vapasi” (return to Hinduism) during the Shabri Kumbh. Last week, the Gujarat Government “told” the organizers that they should not have the reconversion programme as part of the kumbh meal’s farcical order in a drama in which they are totally involved!

At this juncture, the Gujarat Government is on the receiving end with notices to it from the Supreme Court, the National Human Rights Commission and several human rights organizations and individuals from all over. However, whilst all are assured that there will be absolutely “no problem” during the days of the Kumbh Mela ( actually everyone is clear that in the preparations and during the days of the Shabri Kumbh, there will be no physical attacks on Christians & Christian institutions.) the bare truth, however, is that the damage is already done. The vicious hate propaganda unleashed by communal forces with direct connivance with the Gujarat Government has helped the ugly head of communalism to bear its fangs in Gujarat once again.

Some days ago a Special Secretary from the Home Ministry of the Central Government, Mr. A.K.Mitra was sent to the Dangs to investigate matters. It is significant that the Catholic Church which has five well established and recognized institutions there, were not sent a letter of invitation to interact with Mr. Mitra. A telephonic call from the P.A to the Collector at the nth hour to the Religious Sisters, who run the Deep Darshan School, Ahwa, ensured some cosmetic presence. However the fundamentalist forces had their full complement of people including some “local Christians” who were all praise for the Kumbh mela and for the district administration! So much for people getting converted!

On Sunday Feb 5th, the Home Minister of Gujarat. Mr. Amit Shah had a round of meetings in the Dangs with regard to the preparations for the Kumbh mela. Very obviously, his assurances to the Christian delegations was that nothing will happen during the days of the mela, that police will be posted everywhere and that everyone’s cooperation is needed for the success of the Kumbh.

But the Home Minister of Gujarat is unable to answer are the following questions:

• Why are those who are indulging in hate propaganda against the Christians not being prosecuted?

• Why are the rules to govern the Freedom of Religion Act (2003) of the Gujarat Government not being framed? (It was enacted to prevent “forced conversions”)

• Why is the Gujarat Government patronizing the Shabri Kumbh and indulging in massive spending to create all kinds of infrastructure?

• What is being done to preserve the traditions, cultures of the the Adivasis of the Dangs, - in fact, their identity?

•How is the ecological destruction and the environmental degradation that is taking place in the Dangs being addressed?

The Gujarat Government is unable to answer any of these questions: the Kumbh mela will go on as planned with all the fanfare and the necessary rhetoric which has been so much part of the Modi Government… this time against the Christian minority !. The Central Government should act expeditiously and decisively. Until then it is ground zero, not merely for the adivasis of the Dangs but for the people of India…!

Dangs : Hindutva’s Last Gasp ?

By Fr. Cedric Prakash sj


The fascist and fundamentalist forces of the Hindutva Brigade were at their venomous best again ! For three days (from February 11 th to 13 th 2006), they spewed vitriol and hate against Christian Missionaries and their activities. From Narendra Modi to Morari Bapu to Togadia to lesser known icons of Hindutva, they tried to outdo each other in Christian bashing. In doing so, they proved just one point and their lie was nailed….that the Shabri Kumbh Mela that was held in Subir in the Dangs District of Gujarat had nothing to do with Hinduism, in the right sense of the word, but everything to do about creating communal discord. It had nothing to do with religion, but everything to do about politics.

The people did come in droves. Huge numbers brought in by trucks and buses from the BJP-ruled states of Rajasthan, Madhya Pradesh, Jharkhand and Chattisgarh. When journalists spoke to some of the so called “pilgrims”, many of them had no idea why they had come; in fact, most of them said that they were enjoying a good picnic ! After all, it was the largesse of their respective Governments that provided them with everything from travel to food. The host, the Government of Gujarat spared no efforts in their year dedicated to the “Year of Tourism”. The mantra was clear….”if foreigners do not want to come to Gujarat, let’s import people, by hook or by crook from those States ruled by us !”. For good measure, the Shabri Kumbh did have some representatives from the World Council of Ethnic Religions, but this strategy too, misfired, when one of the delegates who began his speech with “Allah-hu-Akbar” was shouted down and one of the organizers insisted that he say “Jai Sri Ram”.

The opening salvo was fired by none other than Narendra Modi, the Chief Minister of Gujarat, who is doing everything in his power to make Gujarat a “Hindu” State. In a fiery outburst in his acerbic tongue, Modi lashed out against the Missionaries, warning them of severe repercussions if conversions continued. “It is my Constitutional duty to prevent conversions” he thundered, conveniently forgetting that he had abdicated his Constitutional responsibility when in 2002 hundreds of Muslims were slaughtered in the towns and villages of Gujarat; and that even today, in the State he administers, the minorities, dalits, adivasis and women are at the receiving end. His viciousness was easily lapped up by the vernacular media and one of them, the Sandesh, screamed banner headlines in its edition of Sunday 12th February, that the Shabri Kumbh will bring an end to conversions to Christianity. Not to be outdone by Modi, Morari Bapu, the Hindu Kathakar of Gujarat, used the Bible and the Vatican in his tirade against the Christians. He even quoted “Scripture” saying that “according to the Gospel of St. Luke, Christ forbade conversions and that “it is hypocrisy not to follow what you preach !”. A classic example of how Scripture can be turned and twisted to suit ones ideology. Morari Bapu continued saying that “if the Vatican can send plane-loads to convert India , we definitely have to respond fittingly”. Togadia went a step further and warned the Christians that if they did not give up converting, they would go and do a Bharatiyakaran of the Vatican City .

Togadia, the International General Secretary of the Vishwa Hindu Parishad, was predictable in his style, lashing out at Christians and other minorities, but then, in his scheme of things, he also felt that the Hindus and the Christians had to get together to counter Jehad and the likes of Osama Bin Laden. However, he went on to say, that before this grand alliance can materialize, the Vatican has to give up conversions in India , if not, the Vatican itself will be Hinduized.

The RSS Supremo, K. S. Sudarshan, boldly announced a new strategy to ensue that India dominated the world by the year 2011. The strategy named Bharitiyakaran, is to Indianize the seventeen crore Muslims and the three crore Christians who live in India . His message was amply clear “ since we cannot throw the Muslims and Christians into the sea, we have to “Indianize” them “. However, when asked by the media Sudarshan was unable to define what “being Indian” meant and whether to be Indian was also to be Hindu and if one has to be Hindu, to which rung of the caste hierarchy one necessarily need belong.

The Shabri Kumbh Mela was significant in the way the protagonists of the Sangh Parivar did their best to woo the tribals. They spelt out one issue loud and clear…..that the tribals would only be called vanvasis (forest dwellers) and not adivasis (original inhabitants of the land). Very cleverly, Sudarshan asserted “for vanvasis, we have to tell them that they are part of the extended Hindu family”.

In their overzealousness to present Hinduism to the adivasis, sadhu after sadhu criticized the caste-system and felt that it was a deviation that needed to be amended. They also made efforts to say that the status of women has to change in Hinduism because after all, in most tribal societies, there is a greater gender-equity. In unfolding the strategy for Bharatiyakaran Sudarshan also exhorted the sadhus and the cadres of the Sangh “to work quietly, to communicate with the poor and the tribals in their tongue, live with them and help them with health and food !”.

The three day mela also passed several resolutions, one of them is that the Centre should enact a law to prevent conversions specially in the tribals areas. It is ironical though, that on March 26th 2003, the Government of Gujarat unanimously passed the “Gujarat Freedom of Religion Act 2003”. However, almost three years down the road, the Government of Gujarat has not been able to frame the rules which are mandatory to guide the implementation of this draconian Act. On Christmas Day 2005, when the Home Minister was confronted on a public debate on TV, he was unable to offer an explanation as to why these rules were not yet framed. However, this terrible law is allowed to exist like a Damocles sword, misused by lower officials, yet without the possibility of it being challenged legally.

The Shabri Kumbh Mela is now over. The Chief Minister of Gujarat Narendra Modi profusely thanked the NGOs and Human Rights Activists for giving it the media coverage which it might not have otherwise got. The bare truth is, were it not for the NGOs, Human Rights Activists, and a whole movement of civil society, who challenged the sinister game-plan of this mela, the end result would definitely have been far more dangerous to Indian society.

The Shabri Kumbh Mela was not a debate on Christians or on conversions; neither was it a debate on Indian religions or secular forces. It was a defining moment for Indian society at large and whether fascist and fundamentalist forces would actually triumph. It was true that they managed to bring in their much flaunted numbers but as some tribals mentioned, “we just came here to have a good time !” It is true that they spewed venom and hate against Christianity but in doing so, they have only exposed their narrow, petty orientations. It is true they have decided to chalk out a strategy for change; hopefully, they will begin with themselves.



The three day programme has also thrown up several questions for which the likes of Modi and his cronies have to be held accountable. Among them are :

§ can and should Governments indulge in such wasteful expenditure in the name of religion, when millions of adivasis do not have access to the basic amenities of life ?

§ what provisions are there in the law to reign in those who continue to make inflammatory speeches, very specially directed against minorities and other vulnerable groups ?

§ article 25 of the Constitutions guarantees every single citizen, the right to freedom of religion; as the Constitutional Head of a Government, is Modi able to guarantee that to every single citizen in the State of Gujarat ?



In the run up to the Shabri Kumbh Mela, the organizers were caught on the back foot when confronted and went overboard in saying that the Shabri Kumbh Mela had nothing to do with Christianity or about re-conversions. The irony of it was that they seem to have had no other point on the agenda except Christianity and conversions. A huge banner summed up their agenda when it loudly proclaimed “Asia Khand mein Isai karan ko koi sthan nahi hai. Hindu dharm ke virodh mein jo koi karyarath hoinge ve sabh nasht hoinge (there is no place in the Asian Continent for Christianization. Whoever is involved in opposing the Hindu religion will be destroyed).

Some commentators feel that the Shabri Kumbh Mela was meant to be a rejuvenation of the Hindutva ideology in the country. But for many others and for the way the Shabri Kumbh Mela turned out, it could be Hindutva’s last gasp !

Lunawada Mass Graves II

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD (DIST: AHMEDABAD )
SPECIAL CRIMINAL APPLICATION NO. OF 2005

Ameenaben Habib Rasool & Anr. …Petitioners.
V E R S U S
The State of Gujarat & Anr, ...Respondents .

LIST OF EVENTSDate. Event
1-3-2002: The petitioner no.1 herein is the witness of the offence registered as CR No. I 11 of 2002 with Khanpur Police Station for the offences registered under sec. 302, 147, 148, 149 etc IPC
wherein it is stated that the accused persons had caused death of innocent persons.The police had not only failed to protect the innocent citizens, but also not investigated the offence sincerely leading to lack of evidence and ultimately acquittal of the accused persons in a mass carnage case for want of evidence. The statements of the witnesses were not recorded as they had actually stated. The dead bodies of the deceased appear not to have been sent for the post mortem and disposed of. 27-12-2005: The local people, who had been in touch with petitioner no.2, informed the petitioner no. 2 and other people and therefore the petitioner no. 2 sent its co-ordinator to Lunavada and it was found that several dead bodies were buried after the commission of the offence on 1st March, 2002. The non removal of the clothes of the deceased itself suggests that the dead bodies were buried without the postmortem being conducted properly. Normally after post mortem, bodies are kept in white shrouds; here the clothes of the victims who had been massacred were found intact. Moreover, the original FIR recorded by the local police shows death of only 8 persons whereas in fact those dead were atleast 26. Family members and human rights groups including petitioner no 2 who documented the tragedy have averred that those dead in this massacre at Pandharwada totaled 43 The dead body of not a single deceased was given to the petitioners or any of the relative of the deceased. Thus, the petitioners have been deprived of free and fair investigation and for non corroboration of the injuries etc also, the accused persons have got away from the clutches of law. Thus, it appears that no proper postmortem of any of the deceased was performed by the police. The petitioners therefore pray for the sealing of the entire remains unearthed by relatives of the deceased on 27-12-2005, in the presence of the relatives who must be treated as complainants and panch witnesses, the dispatch of the remains for DNA testing to Red Hill, Hyderabad and the handing over the investigation of the above offence to be instituted by the CBI. The petitioners also pray that the sealed remains are sent immediately to the forensic laboratory at Red Hill Laboratory Hyderabad for DNA testing.The petitioners therefore pray for the handing over of the entire investigation of the above offence to the CBI.
Hence this petition.
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Ahmedabad. (M.M.TIRMIZI)Date: - 12-2005 Advocate for the petitioners. IN THE HIGH COURT OF GUJARAT AT AHMEDABAD(DIST: AHMEDBAD)
SPECIAL CRIMINAL APPLICATION NO. OF 2005
In the matter of Articles 14, 21, 226 and 227 of the Constitution of India;
And
In the matter of transfer of the investigation to the C.B.I.
And
In the matter between;
(1) Ameenabibi Habib Rasool(2) Citizens for Justice and PeaceThrough its Secretary, Ms Teesta Atul Setalvad,Having its office at “Nirant”,Juhu-Tara Road, Juhu,Mumbai. …Petitioners


V E R S U S
1. The State of GujaratNotice to be served throughLd. Public Prosecutor,Gujarat High Court,Ahmedabad. 2. The Central Bureau of Investigation (CBI), Having its office near Police Bhavan Gandhinagar, Gujarat …Respondents.
TOTHE HON'BLE THE CHIEF JUSTICE AND HIS COMPANION JUDGES OF THE HON'BLE HIGH COURT OF GUJARAT AT AHMEDABAD.

THE HUMBLE PETITION OF THE PETITIONER ABOVENAMED
MOST RESPECTULLY SHEWETH: -1. The petitioners are the citizens of India and are entitled to invoke the fundamental rights enshrined under various provisions of the Constitution of India. The petitioner no. 1 is the victim of the mass carnage that occurred in the State of Gujarat in the year 2002. The petitioner no. 1 has lost her kith and kin. The petitioner no. 1 is also an eye witness of the offence registered as CR No. I 11 of 2002 with Khanpur police station. The petitioner no.2 is an Association of persons from Gujarat and Mumbai constituted to lead and support the struggle for justice and peace in Gujarat. The petitioner no.2 is a Non-Governmental Organization that has won national and international acclaim for its objective and fearless crusade against the politics of division and hatred, be it of the majority or the minority. The Petitioner no.2 , Non-Governmental Organization works for the cause of Human Rights. The petitioner no. 2 herein has been instrumental in the struggle for justice for the victims and has also assisted in their rehabilitation of the victims including the petitioner no. 1 and several other victims, thus the petitioner no. 2 is personally interested in the welfare of the petitioner no. 1 and other victims. 2. The petitioners state that the petitioners have been subjected to several injustices at the hands of the local police controlled and monitored by the State Of Gujarat. Firstly the police did not come to the rescue of the petitioners and other victims at the time of the offence on 1st March, 2002, secondly the dead bodies were also not returned to the family members of the deceased. The petitioners further state that as per the say of the police at the time of the commission of the offence on 1st March, 2002 the police had sent the dead bodies to the hospital for post mortem and thereafter the dead bodies have been disposed of. However, on 27th December, 2002 when the dead bodies were dug up in the bed of river Paanam, Lunavada, the clothes worn by the deceased had covered the dead bodies of the deceased persons. Thus, if the postmortem were done properly, the doctors would have covered the dead bodies with its own white clothes in accordance with the law. The petitioners state that the police was also required to draw the panchnama of the clothes of the deceased. However, on 27th Dec, 2002 the dead bodies were dug up and to the shock and surprise the deceased were found with same clothes which they had worn on 1st March, 2002. The petitioners state that it is therefore necessary that the investigation of the offence registered as CR No. I 11 of 2002 with Khanpur Police Station is required to be handed over to the CBI so as to repose the faith of the peace loving citizens in the secular fabric of the nation. The petitioners crave leave to annex the copies of the affidavits of relatives of the deceased namely Kutubsha Aiyubsha Diwan, Jabir Kalu Sheikh and Nasir kalu Sheikh as ANNEXURE: “A” to this petition.3. The petitioners say and submit that even after the discovery of the dead remains of their loved ones by the relatives on 27th March, 2005, the highhandedness of the district administration and the police continues. Instead of looking at this as an opportunity to regain the confidence of victims, the district administration and police brass have been detaining both the relatives of the dead and petitioner no 2’s field coordinator for hours at the police station for the mere recording of a statement. The petitioners would pray to ask under what law, Shri Ghulambhai Ghanibhai Kharadi, one of the relatives who lost his real brother and uncle in the massacre at Pandharwada was detained by the following policemen –PSI Puvaar and DYSP Mothalia at Lunawada from 6.30 p.m. on 27th December 2005 to 9.30 a.m. on 28th December 2005? The petitioners would also like to aver that already, even as we move this petition, the state administration is attempting a cover up operation by pulling out unknown persons as panch witnesses when the persons present from yesterday, relatives of the deceased and residents of Pandharwada and Lunawada are being forcibly kept away from the digging of bodies at the site. Even in it’s present conduct the district police and administration of the state of Gujarat is behaving in a high-handed and intimidatory manner, justifying the prayer for the immediate ordering of an independent, CBI Inquiry. Instead of being concerned about how these hapless victims were killed and summarily buried without dignity of last rites and acknowledgement and closure to the next of kin, the state of Gujarat through it’s administration appears keener to indict the relatives looking for their lost ones.4. The brief facts leading to this petition are such that the petitioner no. 1 herein is the eye witness of the offence that took place on 1st March, 2002. The petitioner no. 1 has seen her 24 year old son being slaughtered alongwith several others. The petitioners state that at the time of the morning prayers between 5 and 6 am., Jaswant Patel, the taluka member of the village panchayat came to tell her and others that ‘you are not safe; do not come out; you are in danger because there are rumours that some Muslims have killed two adivasis.” The petitioners further submit that one Sanabhai Jaisinghbhai who was watching this from a scooter ran away to summon the mob towards the petitioner no. 1.5. The petitioners state that soon thereafter, a mob of 5-6,000 with swords and dharias set upon the petitioner no. 1 and other victims. The petitioner no. 1 alongwith several other victims was trembling with fear in the fields and the hay stacks hidden there shivering. The mob comprising of the accused persons came and deliberately set fire to the dry grass. First, Jabbirbhai Ghanibhai, 34 years, ran out frightened pleading for his life. There in front of eyes of the petitioner no. 1 the accused persons slashed him on the head, neck an leg. The attackers had a black scarf on head and mouth. The petitioners further states that in a similar fashion the accused persons then finished off Yasinbhai, Akeelabehn’s husband. There were 10-12 persons after one life. The petitioners state that after killing Yasin, they slaughtered Jabbir Ayub Shah Dewan and thereafter Muradbhai Mehmoodbhai after whom Abbas Nathubhai was finished off. After these gruesome murders, the son of the petitioner no. 1 herein namely Ayubhai Habibhai Rasool, 24 years was killed. Thereafter, Abdulbhai Abbasbhai, the uncle –in –law of the petitioner no. 1 too was slain. The sarpanch and others made the petitioner no. 1 and others pick up the dead bodies –nine of them—and line them to one side in one of the vehicles. The petitioner no. 1 and other witnesses were put in another vehicle. The petitioner no. 1 herein pleaded with the sarpanch to be able to take the body of her son; the sarpanch and the police promised they would bring the dead body of her son to her. The petitioner no. 1 and other witnesses were taken to the Godhra camp; the bodies went to Lunawada and neither the petitioner no. 1 nor other witnesses have ever seen the dead bodies nor their near and dear ones given the dignity of the burial. The petitioners state that in the ghastly attack several persons had lost their lives and the dead bodies were not returned to the near and dear ones. 6. The petitioner no. 2 respectfully states that the petitioner no. 2 learnt in the early morning of 27th December, 2005 that the dead bodies of some of the persons in the Feb-March, 2002 carnage were buried by the accused persons in the bed of the river Paanam, Lunavada. The petitioner no. 2 therefore sent its co-coordinator Raeeskhan Pathan to the ‘scene’ of the offence in the morning to inquire into the incident. The petitioner no. 2 being a non-governmental organization, through its secretary Ms. Teesta A. Setalvad sent an application to the NHRC on 27th December, 2005. The said correspondence is reproduced as under:- December 27, 2005Shri A. S. AnandHon’ble Chairperson,National Human Rights Commission [NHRC]New Delhi.Cc: Shri Ajit Bariogi, Registrar, NHRC
Dear Shri Anand,This is to bring to your notice the discovery of a mass grave at Lunawada Gaon [Panam river bed] in Gujarat’s Panchmahal district by relatives of the deceased today. It is believed that the remains, body bones and skulls, are those of victims who died in the incident CR No 1-9/2002 at Khanpur Police Station. For over one year the relatives have been searching in vain for the remains of their loved ones with no help from the authorities. The massacre in Pandharwada took place on March 1, 2002 wherein over 40 persons were killed and within 6 months of the ghastly incidence the sessions court had acquitted the accused.This makes the relatives who excavated the bodies the complainants and given the situation in Gujarat it is imperative that the NHRC uses all the authority at its command to ensure that the investigation into both the circumstances of these bodies lying undiscovered for so long as well as the extremely unusual circumstances of their being found by relatives be investigated impartially by the CBI. We also urge that the forensic testing of DNA samples be done at Red Hill, Hyderabad, and not within the state of Gujarat.
At present the relatives are standing guard at the site to ensure that the remains are sealed in their presence and they are made panch witnesses in the inquest that follows. Given the circumstances of this case and the trajectory of the justice process in Gujarat we urge the NHRC to take immediate cognizance of the case and ensure that the victims get justice. We would also like to draw your attention to Sections 174 to Section 176 in this regard. We attach the copies of the affidavits filed by the eye witnesses. Yours truly,Teesta SetalvadSecretary
7. The petitioners state that on 27th December, 2005 as some dead bodies have been found surreptitiously buried by the accused persons in the bed of the river Paanam of Lunavada. The dead bodies were unearthed. The police is therefore required to follow the procedure as envisaged under sec. 174 and 176 Cr. P. C. For the sake of convenience of this Hon’ble Court the petitioner craves leave to re-produce the above provisions as under:- 174. Police to enquiry and report on suicide, etc. – (1) When the officer in charge of a police station or some other police officer specially empowered by the State Government in that behalf receives information that a person has committed suicide, or has been killed by another or by an animal or by machinery or by an accident, or has died under circumstances raising a reasonable suspicion that some other person has committed an offence, he shall immediately give intimation thereof to the nearest Executive Magistrate empowered to hold inquests, and, unless otherwise directed by any rule prescribed by the State Government, or by any general or special order of the District or Sub-divisional Magistrate, shall proceed to the place where the body of such deceased person is, and there, in the presence of two or more respectable inhabitants of the neighbourhood, shall make an investigation, and draw up a report of the apparent cause of death, describing such wounds, fractures, bruises, and other marks of injury as may be found on the body, and stating in what manner, or by what weapon or instrument (if any), such marks appear to have been inflicted.(3) The report shall be signed by such police officer and other (4) persons, or by so many of them as concur therein, and shall be forthwith forwarded to the District Magistrate or the Sub-divisional Magistrate.(3) When –(i) the case involves suicide by a woman within seven years of her marriage : or(ii) the case relates to the death of a woman within seven years of her marriage in any circumstances raising a reasonable suspicion that some other person committed an offence in relation to such woman : or(iii) the case relates to the death of a woman within seven years of her marriage and any relative of the woman has made a request in this behalf : or(iv) there is any doubt regarding the cause of death : or(v) the police officer for any other reason considers it expedient so to do.he shall,] subject to such rules as the State Government may prescribe in this behalf, forward the body, with a view to its being examined, to the nearest Civil Surgeon, or other qualified medical man appointed in this behalf by the State Government, if the state of the weather and the distance admit of its being so forwarded without risk of such putrefaction on the road as would render such examination useless.(4) The following Magistrates are empowered to hold inquests, namely, any District Magistrate or Sub-divisional Magistrate and any other Executive Magistrate specially empowered in this behalf by the State Government or the District Magistrate. COMMENTS Police submitting final report – Magistrate not accepting final report directing police to obtain sanction for prosecution. – C.B.I. registered corruption cases against the accused persons, but after investigation for paucity of evidence submitted final report to special judge who disagreed with the report and simultaneously directed the police to obtain sanction under section 197, Cr.P.C. held directing police to obtain sanction is improper and Magistrate has no jurisdiction to so order. – State (C.B.I.) v. R.S. Mathur, 1994 Cri LJ 794 (Del). Refusal to exhibit of panchanama – If a document, is admitted and corroborated by other evidence, it has to be given an exhibit numberor it could be considered for a period regardless of its evidentiary value, a panchanama is also always available for court, conviction on that basis is liable to be set aside. –Koli Arshi Lila v. State of Gujarat, 1999 Cri LJ 2595 (Guj). Sanction for prosecution – Consideration for. – For grant of sanction, application of mind to facts and evidence, by Sanctioning Authority is only required and defence of accused cannot be considered at the stage of granting of sanction. – Pancham Lal v. State of U.P. 1999 Cri LJ 4111 (All). 176. Inquiry by Magistrate into cause of death. – (1) [When any person dies while in the custody of the police or when the case is of the nature referred to in clause (i) or clause (ii) of sub-section (3) of Section 174], the nearest Magistrate empowered to hold inquests shall, and in any other case mentioned in sub-section (1) of Section 174, any Magistrate so empowered may hold an inquiry into the cause of death either instead of, or in addition to, the investigation held by the police officer : and if he does so, he shall have all the powers in conducting it which he would have in holding and inquiry into an offence.(2) The Magistrate holding such an inquiry shall record the evidence taken by him in connection therewith in any manner hereinafter prescribed according to the circumstances of the case.(3) Wherever such Magistrate considers it expedient to make an examination of the dead body of any person who has been already interred, in order to discover the cause of his death, the Magistrate may cause the body to be disinterred and examined.(4) Where an inquiry is to be held under this section, the Magistrate shall, wherever practicable, inform the relatives of the deceased whose names and addresses are known, and shall allow them to remain present at the inquiry.Explanation. – In this section the expression “relative” means parents children, brothers, sisters and spouse. 8. The petitioners state that the petitioners have been subjected to several injustices at the hands of the local police controlled and monitored by the State Of Gujarat. Firstly the police did not come to the rescue of the petitioners and other victims at the time of the offence on 1st March, 2002, secondly the dead bodies were also not returned to the family members of the deceased. The petitioners further state that as per the say of the police at the time of the commission of the offence on 1st March, 2002 the police had sent the dead bodies to the hospital for post mortem and thereafter the dead bodies have been disposed of. However, on 27th December, 2002 when the dead bodies were dug up in the bed of river Paanam, Lunavada, the clothes worn by the deceased had covered the dead bodies of the deceased persons. Thus, if the postmortem were done, the doctors would have covered the dead bodies with its own white clothes in accordance with the law. The petitioners state that the police was also required to draw the panchnama of the clothes of the deceased. However, on 27th Dec, 2002 the dead bodies were dug up and to the shock and surprise the deceased were found with same clothes which they had worn on 1st March, 2002. The petitioners state that it is therefore necessary that the investigation of the offence registered as CR No. I 11 of 2002 with Khanpur Police Station is required to be handed over to the CBI so as to repose the faith of the peace loving citizens in the secular fabric of the nation. 9. The petitioners have not filed any petition before this Hon’ble Court or before the Hon’ble Supreme Court of India; and that the petitioners have no other efficacious remedy except by filing this writ petition before this Hon’ble Court. 10. The petitioners therefore humble pray that this HON'BLE COURT BE PLEASED: - (A) YOUR LORDSHIPS be pleased to issue appropriate writ, order or direction and be pleased to call for the records and proceedings of the offence registered as CR No. I 11 of 2002 with Khanpur Police Station, Lunavada and after perusing the same be pleased to transfer the investigation to the respondent no. 2, i.e, the Central Bureau Of Investigation the interest of the justice;(B) YOUR LORDSHIPS be pleased to order that pending admissions and or final disposal of this petition, the investigation of the offence registered as transfer the investigation of the offence registered as CR No. I 11 of 2002 with Khanpur Police Station, Lunavada to the CBI in the interest of justice; (C) YOUR LORDSHIPS be pleased to order that the unearthed remains of the deceased be sealed in the presence of the relatives –treating them as panch witnesses and be sent forthwith for DNA testing to Red Hill Hyderabad, the premier forensic laboratory in the country;(D) YOUR LORDSHIPS be pleased to direct that an FIR be registered with the relatives of the deceased as complainants about the unearthing of the remains yesterday(E) YOUR LORDSHIPS be pleased to direct that the intimidation of witnesses and possible of tampering of evidence by the Gujarat police that appears to have been party to the shady disposals of these bodies be immediately stoped;(F) YOUR LORDSHIPS be pleased to grant any other and further relief as may be deemed fit the facts and circumstances of the case.

AND FOR THIS ACT OF KINDNESS AND JUSTICE THE PETITIONER SAHLL AS IN DUTY BOUND FOR EVER PRAY.Ahmedabad. (M.M.TIRMIZI)Date: -12 -2005 Advocate for the Petitioner.
A F F I D A V I T I, Teesta Atul Setalvad, the petitioner no. 2 herein, Aged: 43 years approx, residing at Nirant, Juhu Tara Road, Mumbai 400049, do hereby solemnly affirm and state on oath as under: -1. I am petitioner no. 2 and am conversant with the facts and circumstances of the case facts and am competent to depose that what is stated petition is true to the best of my knowledge, belief and information and I believe the same to be true. 2. I have gone through a copy of this petition and I solemnly affirm that what is stated in para 1 to 9 are true to my own knowledge and what is stated in memo is true to the best of my information and belief. Its para 10 is the prayer clause.
Solemnly affirmed at Ahmedabad on this 28th day December , 2005.
DEPONENT
Identified by me.Advocate Clerk.

Lunawada Mass Graves I

SCR.A/1875/2005

ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL CRIMINAL APPLICATION NO. 1875 of 2005

AMEENABIBI HABIB RASOOL & 1 – Applicant (s)

Versus

THE STATE OF GUJARAT & 1 –

Respondent (s)
Appearance :
Mr. MM TIRMIZI for Applicant (s) : 1 – 2Mr. Kamal Trivedi, Addl. AG with Mr. AY Kogje, Addl. PUBLIC PROSECUTOR for Respondent (s) : 1, None for Respondent (s) 2.
CORAM : HONOURABLE MR. JUSTICE C. K. BUCH
Date : 29/12/2005

ORAL ORDER

1. Heard ld. Counsel Mr. MM Tirmizi for the petitioners, 1d. Addl. AG Mr. Kamal Trivedi assisted by ld. APP Mr. AY Kogje for the respondent No. 1 State.
2. The present petition is filed for appropriate writ, order or directions seeking following main reliefs :-
“ (A) Your Lordship be pleased to issue appropriate writ, order or direction and be pleased to call for The records and proceedings of the offence registered as CR No. I.11 of 2002 with Khanpur Police Station, Lunavada and after perusing the same be pleased to transfer the investigation to the respondent No. 2 i.e. the Central Bureau of Investigation, in the interest of justice.(B) Your Lordships be pleased to order that pending admissions and or final disposal of this petition, the investigation of the offence registered as transfer the investigation of the offence registered as CR No. I.11 of 2002 with Khanpur Police Station, Lunavada to the CBI in the interest of justice;(C) Your Lordships be pleased to order that the unearthed remains of the deceased be sealed in the presence of the relatives treating them as panch witnesses and be sent forthwith for DNA Testing to Red Hill Hyderabad, the premier forensic laboratory in the country;(D) Your Lordships be pleased to direct that an FIR be registered with the relatives of the deceased as complainants about the unearthing of the remains yesterday;(E) Your Lordships be pleased to direct that the intimidation of witnesses and possible of tampering of evidence by the Gujarat Police that appears to have been party to the shady disposal of these bodies be immediately stopped ”
3. After some deliberations and detailed submissions that are made before the court by 1d. Counselappearing for the parties, by way of an interim arrangement, some orders are required to be passed becausesome digged out bodies at present must be lying somewhere in a probably bad and decomposed shape and condition. Close relatives of the deceased must be under a particular state of mind and anxiety. Ld. Addl. Advocate General Mr. Trivedi has tried to convince the Court and submitted that each body was disposed of either by relatives of the deceased or by the municipal authority on completion of necessary formalities and the same have been disposed of in accordance with law and norms that are required to be followed while disposing of the body when none of the relatives of such deadbody had claimed the body for disposal. Even then, to rule out the doubt in the minds of the petitioners and anybody interested in the ultimate out-come and the attempts that have been made by the present petitioners, the State is ready even to send sample of the remnance of each body for analysis and DNA testing to Red Hill Laboratory, Hyderabad, though the State has premier and reputed laboratory herein in Gandhinagar. The State has acted transparently in entire event. He has taken this Court through the details of different crimes being CR.No. I.11/2002 and CR.No. 1.13/2002.
4. Ld. Counsel Mr. Tirmizi for the petitioners has also given details of deadbodies found when the crime was actually under investigation and bodies were disposed of on completion of formalities as aforesaid. The anxiety of the State is that entire exercise can be undertaken though Red Hill Laboratory, Hyderabad under the supervision and control of the Highest Officer of the State of the rank of Addl. D.G. of State CID Crimes or it can be done under the supervision and control of the Commissioner appointed by the Court and Laboratory can be directed to send the findings recorded to the Registrar General of the High Court directly, but there is no need to entrust anything at this stage to Central Bureau of Investigation (CBI for short) because the entry of a third agency in the event may lead to lot of frustration to the officers who have performed their statutory duties earlier and the same shall have effect of demoralization on the strength and morale of the police officers.5. Without entering into the detailed discussions, the Court is of the view that such a task should not be handed over to the Court Commissioner. If the say of the State is accepted and finding recorded by Red Hill Laboratory, Hyderabad corroborates the stand taken by the State of Gujarat, then State government and its officers who had performed their duties including the local-self government, doctors who have performed post-mortem etc. would touch the point of the highest transparency, but if things, for the sake of arguments are found otherwise, then the Court has scope to pass appropriate further orders in the interest of justice. In this fact situation, ultimately the CBI is asked to undertake that task, that would not prejudice in any way either the State administration or the morale of the police because at present by way of interim arrangement, they have to perform the duties as intervener because in their presence, remnance of each body taken out shall be taken, sealed and sent to Red Hill Laboratory, Hyderabad. Ld. Counsel Mr. Tirmizi appearing for the petitioners states that all the close relatives who can have DNA testing of the deceased are ready to co-operate with investigation and for blood samples or sample of any part of their body at the instance of CBI which can be gathered by the doctors or responsible officer of the State and can be sent for analysis to Red Hill Laboratory, Hyderabad. The finding in turn will throw light directly or indirectly on the allegations made by the petitioners in the present petition. It may unveil the attempt if is made by anybody to tarnish the image of police or administration. It is true that CBI can be said to be a third agency, but ultimately, it is yet to be traced out whether the bodies that have been found out are of the persons who were named deceased in earlier incidents and disposed of in accordance with norms and scheme under the Municipalities Act and other norms that are being adopted by the State. But if it is found that deadbodies or any one of such deadbodies is not accounted for in connection with any of two earlier incidents, then it may lead to new case and, therefore, the scope to investigate the crime de-novo qua that is there. I am told that relatives of the persons who are declared missing, have been paid compensation, but that by itself would not be sufficient to resolve the situation that has come to light by act of digging out the bodies already buried earlier by the State machinery or municipality concerned. CBI, on receipt of the report from laboratory, after approaching this Court can positively take appropriate further steps, if required.
6. Nobody including the officers of police force of State should feel that entry of CBI in such incident or event is either distrust on them or the same should be treated in any way adverse to them, but when transparency is claimed by the persons who had actively participated while disposing of the deadbodies, then the confirmation to such transparency if expected by the petitioners from the Court, then it would obviously be justified.
7. Ld. Addl. AG, after relying on the ratio of the decision of the Apex Court in the case of State of Karnataka v/s Arun Kumar Agarwal & Others, (2000) 1 SCC 210, has submitted that there is no need to entrust any work at this stage to CBI and in the cited decision, the order of High Court was quashed. He has submitted that investigation, as a matter of course, should not be entrusted to CBI and even Supreme Court in number of cases till date, has not transferred investigation or any part thereof to CBI though prayed for. The anxiety of the Court is that deadbodies after drawing sample should be set at rest in peace at the earliest so that close relatives of the deceased can be relieved from mental stress and situation prevailing at present and they may also ultimately get satisfactory answer to the anxiety that they might be carrying today on receipt of report from the Red Hill Laboratory, Hyderabad. It is true that same testing could be efficiently performed by the Laboratory in State of Gujarat and it is rightly submitted also that even CBI, in number of cases, is taking help of that laboratory which is there in the State of Gujarat. I am strained to say that the petitioners have not expressed their trust and faith in the officers who are carrying on scientific testing in a most primer and scientific laboratory in a transparent manner. But ultimately, it should be seen that justice is done and one should also feel that it is being done. Therefore only, it appears that ld. Addl. AG Mr. Trivedi has rightly accepted on behalf of the State that State has no objection that such testing is carried out by any laboratory out of State of Gujarat, i.e. Red Hill Laboratory, Hyderabad.
8. In view of above, it is hereby ordered by way of an interim arrangement that in presence of responsible officers of CBI, sample from each deadbody digged out and at present lying out, be taken and sample be sealed and sent to Red Hill Laboratory, Hyderabad for analysis and DNA testing along with the samples drawn in same manner of from the body of the close relatives of the deceased. The report of test, in turn be sent to CBI and copy thereof be sent to this Court. CBI may be assisted actively by the State Police so that the things can take shape smoothly and exercise is completed smoothly. If the State machinery so desires, may give the case papers of exercise that has undertaken by the State machinery to CBI, otherwise details can be scrutinized by this Court while passing further orders in the matter. It will be open for the State or close relatives of the deceased to put and bury the deadbodies either by themselves or they can be buried by State machinery as per the norms adopted by such machinery. While drawing samples from the body of the close relatives, the Officer from State police shall remain present so that identity of the person from whom sample is drawn should not, in any way, be under confused state, order and directions accordingly.
9. Copy of this order can be served to the CBI at its appropriate office i.e. either at Bombay or atDelhi.
10. S.O. to 10.02.2006.
11. At this stage, ld. Addl. AG Mr. Trivedi has requested to stay this order for some time because the State would like to assail the order before the higher forum. Request, in view of the facts and circumstances as aforesaid, is not found acceptable and is hereby rejected.
D.S. Permitted.

(C. K. BUCH, J)

Interview : Father Cedric Prakash, human rights activist

A Jesuit priest, Fr. Cedric Prakash is the official spokesperson of the Christian community in Gujarat and the Secretary for Social Communications of the Western Region Catholic Bishops Council. He is a noted human rights activist and is the head of Prashant, a social action-research institution in Ahmedabad. In this interview with Yoginder Sikand he talks about the challenges facing Dalits, Tribals, Muslims, Christians and other marginalised communities in Gujarat today.

Q: Given that Hindutva forces are strongly entrenched in Gujarat, how do you look at the situation in the state today?

A: The Vishwa Hindu Parishad (VHP) and the Rashtriya Swayamsevak Sangh (RSS) are well-oiled think-tanks and have a sophisticated, well-organised machinery reaching down to the village level. We would make a big mistake if we think they are simply a bunch of Bajrang Dal lumpens, hired foot-soldiers and contract-killers who can, therefore, be easily stopped. In the context of the anti-Muslim genocide in Gujarat in 2002 it was widely believed that many Tribals were involved in the attacks on Muslims. The fact is, as I have been told by some Tribals, that some Tribal youth were involved, and they were provided alcohol and were egged on by Hindutva leaders to attack and kill Muslims. These Tribal youth may not have been ideologically motivated, and in attacking Muslims they may have been goaded primarily by the desire to loot. But the bigger issue is ideological. Hindutva forces are now so deeply entrenched in Gujarat that Hindutva has become part of the basic common-sense and worldview of many Gujarati Hindus, so much so that even now many of them express no remorse for the mass killings in the state that took a toll of thousands of lives. I have spoken to several of my Hindu friends here in Gujarat, many of who have studied in our Christian schools. They are not all necessarily pro-BJP, but, almost all of them believe that the Muslims who were massacred in the genocide deserved their fate. Such is the total insensitivity among large numbers of people in Gujarat even today. The demonisation of Muslims and Christians continues unabated, even among these so-called 'well-educated' people, and Muslims continue to live in fear and insecurity. The victims of the genocide of 2002 have still not got justice and the perpetrators of the crimes are roaming scot-free.

The violence of 2002 was not a spontaneous reaction. Rather, as the head of the VHP in Gujarat, K. K. Shastri, declared, Hindutva activists were prepared for it. The burning of the train in Godhra was just a trigger, but planning for the anti-Muslim pogrom had begun months before that. Any other incident could have triggered it off, such as a Muslim boy eloping with a Hindu girl. The way Muslim houses and shops were selectively targeted and destroyed clearly indicates that it was all carefully planned well in advance, much before the Godhra incident, with a census of Muslims and Muslim-owned properties having been undertaken all over the state. And now the same Hindutva-vadis have been going around Gujarat in the past few months doing a similar survey of Christian institutions, using the state machinery to intimidate Christian institutions working in the rural areas among Dalits and Tribals. Some time ago, they even came to our institution, Prashant, to ask us what arms we possess! Some of these instructions come directly from the government and some from local RSS shakhas, with the heads of the shakhas asking the police to obtain this sort of information.

Intimidation of marginalised communities continues in Gujarat in different ways today. In Gujarat we now have a draconian law, ironically called the Gujarat Freedom of Religion Act of 2003, according to which if a person wants to change his or her religion he or she needs to seek the permission, and not just inform, the District Collector, who may decide to give or refuse permission for this. If a Dalit, Tribal, woman or minor converts without getting this permission he or she can be imprisoned upto four years and also liable to a fine which may extend to one lakh rupees. Conversion to Hinduism will probably not be seen by many of those who are charged with implementing this law as coming under its purview, because for them this is not conversion but, rather, as the Hindutva-vadis call it, 'home-coming' (ghar vapasi). Likewise, in the case of Tribals converting to Hinduism. The Tribals have their own religion but are now, by law, wrongly identified as 'Hindus', thus automatically absorbing them into the Hindu fold. The irony is that even today, more than two and a half years of the passing of this Act, the rules that are required to govern the implementation of this law are not in place. This law is being used to terrorise Dalits and Tribals who wish to escape from the shackles of caste oppression by converting to other faiths. This law can be used by officials to intimidate oppressed communities like Tribals and Dalits who have historically resorted to religious conversion as a means of social protest and in search of emancipation from 'upper' caste oppression. Thus, for instance, some time ago ago, the then Collector of Baroda, a Brahmin who is said to be sympathetic to the VHP, threatened some Dalits who wanted to convert to Buddhism that if they went ahead he would imprison them under this law. This law is obviously unconstitutional and goes against the freedom of religion that the Indian Constitution guarantees for all Indian citizens. It's like having a law preventing people from shifting from one political party to another. At this juncture, I need to add that anything 'forced' or wrought through inducements' is wrong. There are many other laws to deal with this in our country and anything forced has nothing to do with true conversion, which is essentially about the faith experience of an individual. Above all, if I preach about Jesus or if someone wants to preach about Ram or Allah no one has the right to prohibit this.

Q: Several Catholic institutions working in the Tribal areas of Gujarat have been attacked by Hindutva forces in recent years. Is the situation changing now?

A: Such attacks have not stopped completely. Hindutva forces are now very active in the Tribal areas, desperately trying to woo and Hinduise the Tribals. They are trying to destroy their identity, telling them that they are not Advisasis, not the original inhabitants of this land, but, rather, that they are merely Vanvasis or 'jungle-dwellers', at the same time as the jungles have almost all been cut down by non-Tribal contractors, many of whom are Hindutva supporters. And now when Catholic institutions are trying to educate and empower the Tribals, the Hindutva forces, facing a major challenge to their hegemony and seeing that, increasingly, the Tribals are unwilling to silently accept 'upper' caste hegemony and subjugation, began attacking our institutions, launching a vilification campaign against us. In the last three decades or so since Catholics began working in the Dangs, a Tribal area in Gujarat, we have set up several schools and legal aid centres working for the empowerment of the Tribals. Some Dangis have converted to Christianity, although the figures provided by Hindutva sources are exaggerated. I feel the Hindutva-vadis would care less if the whole of the Dangs converted to Christianity if they were allowed to go on with their exploitation of the Tribals. The issue, however, is that our educating the Tribals poses a major threat to the Hindutva forces and the groups whose interests they represent. The Tribals are now fighting for their rights and their identity, insisting that they are non-Hindus, the original inhabitants of this land, who have been kept subjugated for centuries by the 'upper' castes. Naturally, the Hindutva forces, defenders of the interests of the ruling castes/classes cannot tolerate this.

Q: So, you believe that the Tribals are not Hindus?

A: Exactly. Historically, and even today, Tribal religious traditions have been totally distinct from the Brahminical tradition. The Tribals were forced to flee to the forests by the invading Aryans centuries ago, and have preserved their religious traditions and customs, although, in recent years, Hindu groups have been attempting to Hinduise them and absorb them into the Hindu fold, at the bottom of the caste hierarchy, the same as they are doing with the Dalits. Hindutva-vadis say that Tribals have no right to become Christians, but then how can they advocate that Tribals must become Hindus, when the fact of the matter is that Tribals are not Hindus? Today, the VHP and other such groups are very active in the Tribal areas of Gujarat to Hinduise the Tribals, so that they do not convert to other religions and so that they can be used as 'low' caste cheap labour and as foot-soldiers to attack and kill Muslims, as recently happened in 2002. They send out teams of babas and sadhus who tour Tribal villages, hold religious gatherings and tell the Tribals about Hindu gods and goddesses, trying to convince the Tribals that they are Hindus. They are also cunningly seeking to destroy the Tribal religion so that the Tribals come to accept Brahminical supremacy. For this they are creating and propagating all manner of falsehoods, lies and myths about the Tribals and their religion. They claim, contrary to historical facts, that the Tribals were driven to penury by medieval Muslim rulers, and that they were actually brave Hindus Kshatriyas, who were punished by the Muslim rulers for their defence of Hinduism by being driven into the forests. They are also manufacturing new deities for the Tribals. Recently, they established a large temple just in front of a Catholic school in Subir dedicated to Sabri, a Bhil woman who is referred to in the Ramayana as having fed Ram a fruit. The Tribals have never worshipped Sabri, and most have not even heard of her, but now they are being asked to do so. Similarly, near Harsol a massive skeleton of an animal was recently discovered and local VHP-vadis are going around telling the Tribals that it is the skeleton of Ravana. In February 2006 the VHP is planning to hold a massive Kumbh Mela in this area dedicated to Sabri. They expect, according to their own propaganda, 50,000 sadhus and more than 5 lakh other Hindus to assemble there for three days. They have a one-point agenda: to stop Christianity in the Dangs and other parts of India. The BJP government of Gujarat is making tremendous efforts to make this mela a grand success.

Q: Is there no sort of resistance on the part of the Tribals themselves to their enforced Hinduisation?

A: In many places the Tribals are just too weak or frightened to protest. For some Tribals, this sort of Hindusation appears to offer a means for upward social mobility, enabling them to claim a higher social status. VHP and other related groups, including the ruling BJP, offer them monetary incentives to attract them, like some evangelical Christian organisations also do. Overall, there is a definite lack of leadership in civil society to protest. But some educated Tribal youth are speaking out now. Instead of 'Jai Ram', they use the slogan 'Jai Adivasi', seeking to take pride in their own pre-Aryan past. To counter the sinister politics of Hindutva and to empower themselves to struggle for their rights, the Tribals need to develop a counter-culture, rooted in their own traditions. This needs to take the form of a mass movement, which is absent today. And that holds true for the Dalits in Gujarat as well.

Q: Do you see any possibility or worth in dialoguing with Hindutva groups in Gujarat to improve inter-community relations?

A: For any serious dialogue there has to be a level playing field, and the partners to the dialogue have to be sincere about it, which the Sangh Parivar is clearly not. Their whole agenda and worldview is based on hatred for and exclusion of non-Hindus, so how can you expect them to be sincere about dialogue? To think of dialoguing with them is to accept them as the spokesmen of the Hindus, which they obviously are not. So quite obviously, dialogue with these fringe and fanatic groups, however aggressive they may be, is certainly out of the question.
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Cedric Prakash can be contacted on sjprashant@gmail.com