annual report print final.qxd - Asian Centre for Human Rights

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Chapter7 Gujarat I. Overview Ruled by the Bharatiya Janata Party (BJP), Gujarat remained one of the most intolerant States in India. Vandalizing of paintings and physical assault by Bajrang Dal and Vishwa Hindu Parishad symbolized intolerance. 1 The police registered a case of rape and murder against Kadi police station sub-inspector Rakesh Pathak, in whose residence a woman constable, Shirin Karimbhai had received gunshot injuries and died in hospital on the night of 25 November 2004. 2 The NHRC
INDIA HUMAN RIGHTS REPORT 2005 Gujarat directed the State government to pay compensation of Rs 1 lakh for custodial death of Haji Mohd Nabuji Tentwala in 1995. The NHRC registered 32 custodial deaths in 1999-2000, 38 in 2000-2001, 52 in 2001-2002 and 51 in 2002-2003 in Gujarat. 3 However, major human rights violations continued to revolve around the Gujarat riots of February-March 2002 and Chief Minister Narendra Modi. The Supreme Court held the modern day Neros responsible for the Gujarat riots while transferring the trial of the Best Bakery case from Gujarat to Maharashtra. While the Supreme Court transferred a few cases for trial outside of Gujarat, around half of the communal violence cases i.e. 2,032 out of 4,252 were closed down by Gujarat Police after classifying them as “true but undetected”. 4 The alleged encounter death of Ishrat Jehan Shaikh, Javed, Jishan Johar, and Amjadali Akbarali Rana alias Salim was termed by Peoples Union for Civil Liberties and other NGOs as “One more encounter for Modi’s sake?” 5 Undertrials involved in the Godhra carnage case alleged of harassment by jail authorities during namaz and poor medication inside the Sabarmati jail. Of the 305 persons booked under Prevention of Terrorism Act, 2002 for alleged involvement in Gujarat riots and subsequent crimes, only seven are Hindus. 6 As the Congress-led United Progressive Alliance reaffirmed to repeal POTA, the Gujarat assembly adopted the 64 Gujarat Control of Organised Crime (GUJCOC) Act and referred to President A.P.J. Abdul Kalam. 7 Human rights defenders whether noted dancer Mallika Sarabhai, Teesta Setalvad, Fr. Cedric Prakash or Shabnam Hashmi faced harassment, intimidation and physical attacks for either attempting to provide justice to the victims of Gujarat riots or for exposing the truth about the riots. 8 Oppression of the Dalits continued unabated in Gujarat. Stigmatization and social boycott of the Dalit are common irrespective of what positions they hold in the government. 9 Despite failure to rehabilitate all the dam oustees, mainly the indigenous/tribal peoples, in Maharashtra and Madhya Pradesh on 13 March 2004, the State government of Gujarat cleared an additional 10 metres for the Sardar Sarovar dam in clear violation of the Supreme Court order of 2000. 10 Although the Narmada Control Authority’s website shows ‘zero families’ for rehabilitation, according to Narmada Bachao Andolan, 11,000 families remained to be resettled at the current height of the dam at 110 metres. 11 II. Gujarat riots: An eye view on mutilated justice The modern-day ‘Neros’ were looking elsewhere when Best Bakery and innocent children and helpless women were burning, and were probably deliberating how the perpetrators of the crime can be
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Contents Preface v Andhra Pradesh 1
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Preface Reporting on human rights v
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Chapter12 Karnataka I. Overview Rul
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Chapter13 Kerala I. Overview Ruled
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Chapter14 Madhya Pradesh I. Overvie
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Chapter17 Meghalaya I. Overview Rul
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Chapter19 Nagaland I. Overview Led
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Chapter20 Orissa I. Overview Ruled
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Chapter21 Punjab I. Overview Ruled
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Chapter22 Rajasthan I. Overview Rul
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Chapter24 Tripura I. Overview Skept
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Chapter25 Uttar Pradesh I. Overview
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Chapter26 Uttaranchal I. Overview H
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Chapter27 West Bengal I. Overview T
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Chapter28 Freedom of the press Whil
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Chapter29 Religious Minorities Viol
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Chapter30 NHRC: Clogged under opera
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Endnotes Andhra Pradesh 1. Andhra l
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