People's Democracy

EDITORIAL

Punish The Perpetrators Of Communal Strife

THE Nanavati commission report has finally come. This was the 9th enquiry to probe the 1984 anti-Sikh riots following the assassination of Indira Gandhi. The commission was assigned the job to identify the culprits of this horrendous massacre in a period of six months. It took five years to complete its work. It produced a report, which far from resolving the conflicting assertions is bound to create further controversies. It has singularly failed to establish culpability. While exonerating the Congress party and its leadership for the riots the report states that the acts of violence were apparently “done” by local Congress(I) leaders for “personal political reasons”. Such individuals have been identified but no tangible evidence is furnished. It is indeed a shame that 21 years after the riots justice eludes the victims and the perpetrators continue to freely roam about without any guilt. That the guilty should be punished is a matter that few would disagree. Yet in this case, the matter continues to linger. It is only hoped that the UPA government will further probe the individuals that the Nanavati Commission has named and take the necessary action to punish the guilty. It can only be hoped that the Congress party rises to the occasion in the interests of the country. This is only logical since the Congress as a party has apologised for the role of some of its leaders and members during the anti-Sikh riots.

It is an ironic coincidence that on the same day when the government tabled the Action Taken Report on the Nanavati Commission Report the Supreme Court of India came out with a blistering comment that the Gujarat police was either “conniving with the accused or worthless” For three long years after the gruesome State-sponsored communal carnage in Gujarat the guilty are yet to be apprehended while the victims continue to languish. This, despite a huge array of circumstantial evidence available through media reports and eyewitness accounts. While the various cases concerning the Gujarat carnage continue to be heard in various courts, neither relief for the victims nor the elimination of fear and insecurity for the minorities appears near. It is once again ironic that the same Justice Nanavati is now to probe the Gujarat carnage!

For how long can the modern secular Indian republic afford to not improve its justice delivery system in such instances?

The question of punishing the perpetrators of communal strife is necessary not only from the viewpoint of humanism and compassion. It is absolutely imperative that justice be delivered in order to strengthen the secular democratic foundations of the modern Indian republic.

The National Common Minimum Programme of the UPA government speaks of a comprehensive law to deal with communal violence. While few would disagree with the need for such a law serious concerns were expressed during the discussions while formulating the common minimum programme. These concerns relate to the federal structure of our Constitution. The Indian Constitution defines India as the “union of Indian states”. Under the Constitution the division of responsibilities and authority between the centre and the states places the issue of law and order as a state subject. Any central legislation to deal with communal violence will thus, encroach upon the states rights. Further, the potential to misuse it for political reasons against any state government will always exist. What was finally agreed upon in the discussions was that a model law will be drafted and the centre shall urge all the state governments to adopt this law in accordance to the specific conditions prevailing in that particular state. This assurance remains yet to be implemented. There is an urgent need for the central government to take the initiative for consulting all the states to evolve a mechanism by which the states rights and autonomy shall be maintained on the one hand and on the other necessary legislative powers should be acquired to deal with the prevention of communal riots and providing speedy justice to the victims.

While celebrating the 58th anniversary of our Independence, it is necessary that we speedily move forward in this direction to strengthen our secular democratic republic.

(August 09, 2005)