Gujarat Violence And Struggle For Justice
<http://www.countercurrents.org/2017/02/22/gujarat-violence-and-struggle-for-justice/>
in Book Review <http://www.countercurrents.org/category/book-review/>
/ Communal
Harmony <http://www.countercurrents.org/category/communal-harmony/> — by T
Navin <http://www.countercurrents.org/author/t-navin/> — February 22, 2017

Communal violence is not new in India. This has existed all along. Despite
India adopting the word ‘Secular’ in its constitution, religious tolerance
yet remains a dream. Individuals, communal organisations, political parties
have in some form or the other played a role in perpetrating communal
violence all along.  Adoption of ‘Secularism’ has not resulted in a
communal free behaviour among the Institutions. The example of Gujarat 2002
remains a classic example where communal ideas, communal organisations,
communal propaganda came together to create a mayhem of religious genocide.
This was instigated by the State, which was to protect the basic values of
the Constitution including Secularism.

[image: teesta-book]
<https://www.amazon.com/Foot-Soldier-Constitution-Teesta-Setalvad/dp/9380118430>Gujarat
2002 evokes different responses. For the perpetrators of the violence, it
was a way to teach a lesson to the minorities to accept the majoritarian
goondaraj,   for minorities it was an experience where permanent wound was
inflicted through violence and fear psychosis, for the secular elements it
was a complete breakdown of the functioning of state institutions in
protecting secular values and a dark phase in Indian Democracy.

While the damage has been done through Gujarat violence, the task however
remains that for delivering justice to victims of Gujarat violence. The
book titled ‘*Foot Soldier of the Constitution – A Memoir*’ by Teesta
Setalvad represents her struggle for justice for the victims of Gujarat
2002 violence. Born in a family where subsequent generations undertook
legal practice and worked in judicial institutions and growing up in a
liberal environment, she imbibed the values as thrust upon by the
Constitution. Though she chose a different path of journalism, technical
acumen to legal aspects was natural to her.

Setalvad’s association with reportage of communal violence began in 1984
itself through coverage of Bhiwandi communal violence in Mumbai during
1984. This was followed with engagement with Mumbai riots in 1993. It was
during coverage of 1984 violence, she also came in touch with Javed who
extensively covered the violence. Each of the instances revealed the
partisan behaviour of police and state agencies. In the context of
Cosmopolitan Mumbai, Shiv Sena had laid foundations for a parochial
communal rhetoric.

Communal violence witnessed an increase in the country in the 1980s with
the rise of Hindutva politics. In Gujarat too the seeds of communal mindset
were strongly laid by RSS and VHP during the 1980s. By the 1990s there was
a strong undercurrent of anti-Muslim sentiment. 2002 was only a result of
the continual communal propaganda carried out by the Saffron clique. Across
the country too, this was seen. In Assam, one can find the 1983 anti-Muslim
Nellie massacre. While media questioned 1984 anti-sikh riots in relation to
2002 Gujarat violence, it failed to talk of Nellie massacre which was
committed by majoritarian community. Anti-social elements in minorities
were glorified to build a stereotypical image of the minorities. This was
by excluding the larger image of the population who tended to be secular.

Teesta’s struggle against communal violence as a Journalist was spread
across her stint in *The Daily*, later *Indian Express* and *Business
India. S*he later established her own *Sabrang Communications* and its
magazine *Communalism Combat *which offered deeper explanations to communal
incidents in the country. It went into the context of eruption of communal
incidents and its fallout. It also took up issues related to victims of
communal incidents.

While Dadri, Latehar or Una were later developments, the foundations of the
same were laid in Gujarat. Cow terrorism of Gau Rakshaks was prevalent from
much earlier in Gujarat. Muslim festivals such as Bakri Id were used to
mobilise Hindu sentiments against them. The perpetrators of majoritarian
communalism were made immune from punishment. A culture of impunity was
created.

Setalwad points that Indian Constitution remains a threat for the aspirants
of Hindu Rashtra. Hence they subvert into the institutions. They segregate
cities and communities along religious lines. They felicitate the
perpetrators of violence. The discriminatory behaviour of the state also
finds its reflection in events such as offering disaster relief as was
found during Bhuj earthquake. Certain caste and religious communities were
excluded in getting relief. Social textbooks were used as a means to teach
prejudice.

Referring to Post-Godhra violence, she points that Godhra incident was used
only as a means for communal mobilisation by the State. Towards this
corpses were paraded, mobs were instigated. Violence was encouraged. When
Gujarat violence finally broke out, calls for help was ignored. Police
remained a mute spectator similar to the one in Naroda Patiya and Gulberg
incidents. Gujarat ethnocide was only a trigger for what was planned for
long. In the violence, weapons, chemicals and cylinders were used. Bombs,
guns and weaponry were procured long back. Instances of minority women
being stripped off clothes and abused, instances of rapes, families being
massacred, babies being cut and bruised, muslim business enterprises being
targeted was part of the acts performed by Hindutva forces. Even a
Parliamentarian was killed. Dead bodies were a reflection of the level of
religious hatred and dehumanization. In the violence, about 1, 68,000 were
internally displaced, 2,000 killed, homes of 18,000 urban and 11,000 rural
families destroyed. Violence was reported from 993 villages, and 153 of the
182 assembly constituencies. Hate propaganda in the form of anonymous
pamphlets and audio-visual material were widely distributed preceding the
genocide.

The response of Saffron forces is to deny the happenings of Gujarat
violence on the one hand and glorify the Godhra incident. What is not
pointed out is that during the journey in Sabarmati, the RSS-VHP-Bajrang
dal was instigating the passengers with a violent communal rhetoric.
Post-Godhra, instances of Modi instructing police, senior cabinet
colleagues and administrators through statements such as a) ‘Now the Hindus
will awake’ b) ‘Hindu reaction was to be expected and this must not be
curtailed or controlled’ c) to allow ‘people to vent their frustration and
not come in the way of the Hindu backlash’ as instances of encouraging
violence is never revealed. The period also saw the clear bias of the state
against minorities.  There was abdication of responsibilities meant to
protect lives. So are the instances of Gulberg, Naroda and Sardarpura. The
violence had led to shameful destruction of the Muslim community at the
physical, emotional, economic, cultural and religious level.

The struggle for justice for victims of Gujarat violence is being carried
out by Citizens for Justice and Peace (CJP) over the past fifteen years.
Legal actions and litigations are being used as means to rebuild confidence
in rule of law. About sixty eight legal initiatives, petitions and
interventions have been supported. These were related to relief camps,
complaints of mass carnage, compensation claim cases, hate speech cases,
criminal conspiracy, mass murder, manslaughter and others. Concerned
citizen’s tribunal (CCT) was formed consisting of eminent human rights
activists, judges and social activists. It was to capture testimonies of
survivors, perpetrators and officials. The CCT was able to gather rich
evidence and testimonials including those related to state role in
instigating violence.

During fight for justice, threat tactics were used against all those who
stood for justice. Vehicles used by CJP were attacked, constant
surveillance of those who testified before the Tribunal was carried out.
Even the Judges of High court who were to deliver justice were physically
attacked. Chief justice of High court had to move to Muslim majority area
as there was no faith in the law and order machinery. Instances of state
buying out people were also common. The Raghavan led Special Investigating
Team (SIT) and lawyers of post Godhra accused being paid handsomely and
provided special assignments with high fees was part of buying out. This
was including for those battling CJP on Zakia Jafri case. On the other
hand, those fighting were threatened. CJP was charged with violating FCRA
norms, accused of becoming a threat to ‘national security’.

Despite the 2002, ‘Normalization’ and ‘strong leadership’ was used as the
basis for the creation of a new Prime Minister nominee. In the Vibrant
Gujarat summit 2008, Business leaders threw Modi as a potential prime
ministerial candidate.

The author expresses that Gujarat reflects a state of unchallenged state
power, which is not challenged by the political class. Political parties
have stood little with the struggle for justice. Despite the scandalous
exposures and evidence on the conspiracy behind the genocide, institutional
democracy in India has so far left Modi and his co-conspirators relatively
untouched. In the struggle for justice, while the likes of Babu Bajrangi
and accused of post godha killings roam free, innocents accused on godhra
continue to be in jails despite lack of evidence.

What happened in Gujarat was merely an experiment. The same is being
replicated across the country. A communal divide is being built through
‘Love Jihad’, ‘Ghar Vapsi’ and now ‘Gau Raksha’. These are being used as
terminologies to justify mass, targeted violence.

The book by Teesta is a caution call for all those who stand for Justice
and secularism. Gujarat provides enough evidence of how the mainstreaming
of a communal ideology can play havoc with people. It shows how a fascist
ideology manipulates institutions and constitutional principles to
establish its bias and discriminatory behaviour in the name of religion.
The book is an essential reading for those to understand the reality of
Gujarat 2002.

* T. Navin* has done his M.Phil in Political Science from Jawaharlal Nehru
University (JNU). He works with an NGO as a Researcher.

*Title of the Book:* Foot Solider of the Constitution – A Memoir

*Name of the Author:* Teesta Setalvad

*Year of Publication:* January 2017

*Publisher:* LeftWord Books

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