*Targeting Innocents: State and human Rights of Minorities*


* *

*Ram Puniyani*





In Kalyan a Muslim youth Bilal Shaikh was slaped with a non boilable
cognizable offense (May 2012) under section 333, after he jumped the
traffic signal. He was assaulted brutally by the police for having
arguments with them, suffered a fracture in right arm and was in jail for
eight days. The policemen who beat him up got released with the non
cognizable warrant.



Another Muslim youth Mohammad Amir Khan, age 18, preparing for his school
exam, was abducted by police, charged with being the mastermind of serial
blasts in Delhi, was charged under all the possible sections, tortured in
jail for 14 years and finally released in 2012 when no evidence was proved
in the courts.



In the series of blasts, for which now Aseemanand-Pragyasingh Thakur and
company is now cooling the heels in jails, many a Muslim youth were
arrested after every blast in Malegaon, Mecca Masjid (Hyderabad), Ajmer and
Samjhauta express. In all the cases the Muslim youth had to be released as
police had no credible evidence of any sort. In the meanwhile many of them
had to drop out from their studies and their careers were ruined.



In the recently released (June 2012) report by Tata Institute of social
sciences, the observation is that 36% of the jail inmates in Maharashtra
are Muslims while the population of Muslims in state is close to 10.6%. The
report was sponsored by the Maharashtra States’ Minorities Panel. The
findings of the report are in conformity with the Sachar Committee report
and general observation of Human rights activists.



Most of the arrests of Muslim youth are prompted by the prevalent
stereotype of ‘Muslims are criminals, terrorists’. These stereotypes are
highly prevalent not only in society but also amongst the bureaucracy,
particularly the police and amongst intelligence agencies. Many in the
police force are totally in the grip of communal thinking and with their
infinite power they unleash themselves against the Muslim youth at every
conceivable opportunity. The rise of communalization of society and more
particularly after the coming up of the terrorism of Al Qaeda variety, the
stereotypes about Muslims have worsened. One recalls that this type of
terrorism was subtly brought up by United States for pursuing its goal of
controlling the oil wealth. The attitude of authorities has become more
anti minority and this in turn has undermined their professionalism and
they are guided more by their biases than by the rules of law.



There are multiple reasons for the Muslim youth being targeted by the state
authorities. True, that some Muslim youth have fallen prey to the illegal
activities due to the abject poverty which they have to suffer. Still the
major reason for their being indiscriminately arrested by the police
relates to the misconception regarding acts of terrorism and communal
violence.



In communal violence, the major culprit instigating the violence is
majoritiarian communal forces. The study of different inquiry committee
reports by Teesta Setalvad (Communalism Combat, March 1998) shows that in
most of the cases of violence it is the RSS related organization, already
prevalent or floated specially for the occasion, which is in the lead. Even
in Mumbai violence, Shrikrishna Commission held Shiv Sena as the major
factor leading the violence. As such Muslims are 13.4% of the Indian
population according to 2001 census, but amongst the violence victims 90%
are Muslims. Police and many a times political leadership takes the
attitude which increases the insecurity of the community.



The worst part of this phenomenon is that in popular perception it is
alleged that it is Muslims, who start the riots. Dr. V.N. Rai, who has done
a major study on the communal violence points out that generally a
situation, is created where the minority community is forced to throw the
first stone on many occasions. To worsen the matter, after the violence the
majority of those who are arrested for communal violence are Muslims again.



The recent acts of terror and attitude of police are very reflective of the
whole process. In most of these acts of terror, Malegaon, Ajmer, Jaipur and
Samjhauta express blast, many a Muslim youth were arrested as the ones’ who
have done the act. Police machinery produced evidence of their involvement
with some Pakistan based terror group; SIMI was always blamed for many of
these acts. Even at that time there were enough pointers that police
investigations and action defies common sense. Police had the standard
formula for arresting Muslim youth after every blast. They made it a
practice to implicate the Muslim youth and put on their head the charge of
blast and their link with Lashkar-E-Tayyaba, Indian Mujahideen, SIMI or
some such group. Social activists kept pointing to the authorities about
the leads showing in another direction from where the acts of terror were
emerging. Police totally biased with prejudiced mind set kept on repeating
the same pattern over and over again.



Once Hemant Karkar’s immaculate investigation showed the link of Malegaon
blast to Sadhvi Pragya Singh Thakur’s motor cycle and her links with many
Hindutva groups the matters came to a halt. Sadhvi’s links with Swami
Dayanand Pandey, Lt Col Prasad Shrikant Purohit, retired Major Upadhaya,
Swami Aseemanand and many others of Hindutva ideology revealed that police
till then was totally acting in a wrong manner. In this light Human Rights
organization ANHAD (Act Now for Harmony And Democracy), organized a
tribunal in Hyderabad, ‘Scapegoats and Holy Cows’. The report of this
tribunal was very damning of the actions of the investigation authorities
and the state. Logically with the arrest of Saffron terror gangs the acts
of terror seem to have come to a halt.



Despite this, the attitude of police remains as biased as before and in the
day to day life they display this partisan behavior. This biased attitude
of state machinery, police and intelligence authorities in the main, has
been ruining the life and careers of many a Muslim youth. The feeling of
insecurity amongst the community as a whole is on the rise. This feeling of
insecurity is crippling the possible growth of the community. Those
implicated in such acts are also boycotted by the community and have faced
immense personal, social and economic losses. It is time that the Human
rights groups intensify their campaign to protect the innocent Muslim
youth, the legal measures need to be strengthened whereby the police cannot
exercise its biased attitude in arresting any Muslim youth. Measures are
needed to ensure that police-intelligence agencies takes up more
professional attitude overall and more particularly in the matters related
to minority youth. The Government needs to wake up and apply the correcting
measurs.



Apart from preventive legal steps we also need to work against the
prevalent social biases against Muslims in particular. The myths against
the community, which are historical and contemporary issues, which are
related to the causes of acts of terrorism need to be countered by spread
of truth about these myths. It is the duty of state and social
organizations to undertake and promote such awareness programs through
lectures, workshops, popular booklets and through mechanisms like T.V. and
media in particular.

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