The Hindu : Make the victims shed the fear

Online edition of India's National Newspaper
Wednesday, May 21, 2003

Opinion

Opinion - News Analysis

Make the victims shed the fear

By Kuldip Nayar

I am surprised over the sterile debate on Justice T. Nanavati's reported observation that the evidence tendered before him on the Gujarat riots did not indicate any serious lapse on the part of the police or the administration. Whether he should have made such a remark, which he corrected a bit later, while the inquiry was going on may have ruffled the sensitivity of legal luminaries. But look it from another point of view.

He has given one more chance to produce better evidence. It is apparent that the places where he recorded evidence very few people came forward to point a finger at the police or the administration. This is more serious than the legal technicalities. This means that there is so much fear among the victims and those who witnessed the complicity of the Government that they dare not give evidence. I am disturbed because non-official reports on the Gujarat carnage tell a different story. The Concerned Citizens Tribunal, headed by Justice V.R. Krishna Iyer has said in a report: "Testimonies from the numerous survivors of the genocide in Gujarat provide abundant evidence of dereliction of duty and in many cases even complicity of sections of the police force in the ethnic cleansing of Muslims".

When there are reports that the victims are being forced to withdraw their FIR if they want to return to their village, only a handful would have the courage to go against the authorities. The State is still too polarised to allow people rise above communal considerations. In such an atmosphere, more NGOs should have spread in the rural side to help people shed fear and provide the evidence for prosecution.

What has happened is that human rights activists are busy in the rehabilitation work. They have left the task of pursuing cases before the Nanavati Commission and the courts to one or two Muslim organisations which are ill-equipped. In contrast, the Sikh organisation appearing before the Nanavati Commission to reargue the 1984 riot cases are better prepared. Although their job is more difficult because they have to look for records going back to 30 years, they have stuck to the task with determination. Apparently, the Gujarat Government, which is in the dock, does not want to reveal anything which might be used against it. In fact, the efforts are to suppress information which may turn out to be incriminated, the National Human Right Commission had also complained to the State that enough information was not forthcoming. There is no dearth of material, at least when it comes to Ahmedabad or Vadodhra. The maximum number of affidavits have been filed in these two cities. But it must be admitted that the organisation engaged in the job lacks resources. True, they will get another chance but they should be assisted to make up for the earlier lapse.

But what to do about the fear that stalks the land? The Central Government cannot be expected to do anything when the Deputy Prime Minister, L.K. Advani, said only a few months ago that Narendra Modi had turned to be "the best Chief Minister in the last half century". The Concerned Citizen Tribunal pointed out correctly: "There is no evidence, that the Central Government, after learning of what the State Government had decided to do, had taken any steps to restrain the State Government from adopting the suicidal step, nor of any positive steps taken by it, to save the people from the aftermath of the Godhra incident".

In fact, it should have been incumbent on New Delhi to see that the acts of omission and commission of the State are brought to book. But the ruling BJP will not do anything like that because, however ashamed of the carnage, it is behind Narendra Modi fully. It cannot allow the truth to come out. It will be too damaging for the party.

Sometimes I wonder if there is any difference between the emergency and the BJP's rule in Gujarat. Public servants threw impartiality to the wind at that time of rioting as they did under the orders of Sanjay Gandhi.

Those arrested or suspended because of the excesses they committed during the emergency were set free when Indira Gandhi came back to power.

Officers in Gujarat are going scot free because both the Government at the Centre and in Gujarat are mixed up.

Mr. Justice Nanavati, too, has some obligation: He should ensure that the evidence against the Government's complicity does not remain hidden. He cannot depend on the State machinery which is partial and has got vitiated. Can he utilise the services of inquiry officers at the National Human Rights Commission? This may be an extraordinary step to take. But he should go to any length to see that his report is comprehensive and credible.

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