Divisive Communal Bill

The Prevention of Communal And Targeted Violence (Access to Justice And Reparations) Bill consisting of 138 Sections and several Schedules altogether running into 66 pages is as without any legitimate social purpose as it is mischievous in its thinly concealed aims and objects. The need for a marathon criminal statute arises only when the prohibited conduct has assumed endemic proportions and the statutes already in force are thoroughly ineffective to eliminate it. In other words it has turned into a chronic cancer of the national multitude. Yes occasionally in some isolated corners of the country such offences do occur but our people are far too civilised to indulge in them with regularity and frequency to cause what the great Bentham in his Theory of Legislation called ‘alarm’.

Even on those rare occasions when they erupt it is almost always and invariably that some evil gang leaders instigate and plan them for some ignoble political end. It is these criminals who occupy the upper decks of our social and political life who have to be identified and eliminated. The available laws have never been used against them. Will somebody examine the statistics of prosecutions and convictions for such offences? The Bill is not designed to cure alarm instead it is intended to create false alarm which the leaders will translate into crimes, social tensions and divisions destructure of our nationhood and patriotism.

This Bill has been drafted by the National Advisory Council headed by Sonia Gandhi, and put as an agenda item for discussion at the National Integration Council meeting, chaired by the prime minister, held on September 10.

Silent remained the government lawyers who had questioned Anna Hazare’s audacity of preparing drafts and seeking a tough Lokpal Bill. Obviously a draft from the NAC, (a nominated body without any constitutional or parliamentary status), proposing a central law on a state subject, and without consulting the states, was far higher in the governmental pecking order than a draft from Anna Hazare. And woe betide any minister or MP who dared to question its legitimacy for being included in the NIC agenda, without following any prescribed procedures.

It was known that a badly shaken government is anxious by some means to divert the enraged public mind from corruption, from Kalmadi’s CWG and the 2G scam to non-existent atrocities on minorities and perpetuation of vote banks.

Even on cursory reading, the Bill is unconstitutional, anti-national and communal piece of pseudo-legislative work. Unconstitutional because it completely violates the federal principle and poaches into the powers of the states. It also violates the provisions of Article 14, by its scandalously communal definition of the word ‘group’.

It is anti-national and communal because it seeks to divide a polity already under multifarious divisive threats through novel manoeuvres. By the repugnant definition of the term ‘group’ in Section 3 (e), namely, “group” means a religious or linguistic minority, in any state in the Union of India, or Scheduled Castes and Scheduled Tribes within the meaning of clauses (24) and (25) of Article 366 of the Constitution of India”, the lack of good faith in the NAC’s intention is exposed.

Communal violence, regardless of whichever community perpetrates it, is criminal and anti-national. If the NAC was indeed keen on addressing this issue, it should have established its bona fides by viewing the issue in a secular perspective, and through the prism of a sound analytical framework to identify recurring causative factors and then suggesting the best preventive and punitive measures, after consultation with legal experts, and political parties. The draft does not envisage a mere grant in aid or a welfare scheme for minorities — it contains a Bill, the provisions of which have a sinister implication on constitutional provisions and the prevailing laws of the land. The NAC’s objective to provide a symptomatic framework for ‘good communal violence’ and ‘bad communal violence’, as if communal violence can be equated with cholesterol, comes through quite clearly by the definition of the word ‘group’. It is trying to achieve the ultimate by communalising even communal violence, and ensuring that it further destroys community coexistence in our country.

Social scientists, civil society organisations and administrators would broadly agree that communal violence assumes serious proportions only when fanned and encouraged by local political/religious leaders. Sometimes, communal violence is deliberately engineered by political leaders to disgrace a government, and effect a leadership change, such as what happened in Karnataka in 1990. But mostly it is stray incidents like desecration of places of worship during religious festivals that become large communal clashes, always with encouragement of local political/religious leaders, who then retreat into the background, leaving the innocent people to suffer.

The NAC’s eminent members who would be aware of the dynamics of communal violence and community dynamics at the grassroot. I am informed that following the dynastic model, there is an outstanding tri-generational advisory group consisting of an elderly retired civil servant, his former joint director, and probationer. Have they taken into account the impact of their Bill purely from the sociological point of view on the lives of the minorities? Have the religious and linguistic minorities agitated for a Bill as prepared by the NAC? I don’t think so. I have neither read anything in the recent past in defence of the Bill by any respected leaders of the religious and minority communities. The chief ministers of several states, including UPA partner Mamata Banerjee, have criticised the Bill as violating the federal structure. Eminent jurists, particularly former CJI Justice J S Verma and Justice B N Srikrishna have argued against it. So why impose such a Bill, which the BJP rightly termed as dangerous for the country, on the minorities of our country?

I would like to make a suggestion to the NAC. Can we stop seeing persons belonging to minority communities as a sheaf of ballot papers with the luckless Hand stamped on them? Can we stop seeing them as a bank of votes, but instead give them the respect due to human beings who wish to live with dignity, peace and security, with religious and cultural freedom, with aspirations for themselves and their children for education, employment and opportunity, and do everything possible to provide such an enabling environment? Wooing them with such draft laws will only ghettoise and alienate them further. It will neither provide them any sustainable social and economic benefits nor strengthen national unity.

The minorities of all shades have produced men of magnificent intellectual attainments coupled with ennobling compassion for fellow citizens and a spirit of sacrifice for the greatness of the nation. We can produce many more by a proper system of liberal education that fosters genuine secularism and rule of reason in place of blind superstition and fanatical faith. This is the need of the hour not this legislative garbage.

Anna Hazare’s historic success inspires all but Muslims

The long and valiant crusade of Anna Hazare on the issue of corruption (escalating exponentially), with obtaining positive disposition of Parliament of India on most crucial facets of much talked Jan Lokpal Bill, has finally come to an end. Venerable Anna broke his fast on August 28, 2011 around 10.20 am by having a glass of coconut milk mixed with honey from a Dalit and Muslim girl, Simran and Ikrah respectively. Without doubt, entire nation had a sigh of relief while perceiving Anna breaking his 12-day-old fast.

All these have brought to the fore a new issue as well and it’s the inclusion of the Muslim girl in breaking Anna’s fast. Was it too essential, especially when the Muslims were advised not to partake in the same battle? Perhaps there was a need to make the struggle as entirely secular and in India secularism stands for hugging Muslims and nothing else. By now if any reader has started to get skeptical of this scribe’s moral fiber, I am helpless. Personally, I have no problem with the Muslim girl, another manifestation of Mata (mother) to me. The problem remains with the derisory attitude, reflected time and again (through wooing Muslims) to testify secular credentials of India. Alas, Team Anna has failed to be any different.

You have every right to question what the problem with Islamic mindset is. It must be kept in mind while a section of national media has termed the anti-corruption struggle (getting a national spectrum amazingly fast much to the dismay of others) as a Hindutva sponsored movement, majority of Muslim controlled media, if not more, has termed Anna as Gandhi of media and Hindutva forces. What impedes Muslims from shouldering the burden of mounting corruption along with others? A good answer to this from the questioner ever ready to nail me of abovementioned issues is appreciated. Why do they get busy to find out benefits of Muslims only because of participation in any general movement? If anyone tries to play this divisive tendency down, he/she must be prevented.

In the last few days, lots of similar concepts, regarding Anna Hazare struggle, have come to the fore thanks to Muslim thinkers, journalists and even bloggers. And the name that comes to us before all is of Syed Ahmed Bukhari, Imam of Jama Masjid in Delhi. He advised Muslims to steer clear of Anna’s campaign since it was under leadership of Hindutva forces and was against the Muslim ethos too. Slogans, Vande Mataram and Bharat Mata ki Jai, chanted myriad times caused his ire.

He also stated in public Anna did not want to engage Muslims in the anti-corruption protests. "He could at least have met some leaders of the minority community and made references against communalism to make his campaign look more inclusive," he said.

Here is the definition of partisanship. It denotes an inclination to favor one group, view or opinion over alternatives. What are the views of Mr. Bukhari then? It is a blatant and partisan view. But he is not alone. Masoom Muradabadi, senior journalist has also stated alike views. As per him, Anna is dancing to the tune of RSS. He has also stated that leadership of Anna in line one, two or three are in hand of Hindutva minded people and no representation of OBC, Dalit and minorities in the leadership. Dr Mohammad Manzoor Alam, chief of All India Milli Council, considers Anna has been encircled by all kinds of fascists and devious characters.

Hamid Noomani, Secretary of Jamiat Ulema Hind, feels that the cause is genuine but the path Anna has chosen is not correct.

Maybe a few Muslims have contradictory views but they are minority and their thoughts are considered as blasphemous also. Hence, those are unworthy.

Leaders and newspapers do represent people and a society; aforesaid statements prove Anna Hazare, for not speaking of Muslim issues too, have antagonized Muslims in India.

Hail Independence Day of India

Does August 15 signify independence for Hindus in India too?

Today is August 15, 2011 and with it the whole of India has got heavily engaged to celebrate its 65 th prized independence or light and freedom that had come when the world was sleeping. But celebration of independence does not mean hoisting national flags in the vicinity and ending with cricket tournaments or making joyous picnics.

Independence does have a deeper meaning and unless a nation grasps it, its downfall becomes imminent. What we are witnessing at the moment is a steady downfall of India, slow but steady erosion of her values, cultural dignity, steadfastness – these three aspects are regarded as foundation of any nation’s independence. Where does India stand then? Where is the majority Hindu community in India standing then? These questions are hanging around in these days and must be answered.

Hindus made a glorious contribution in struggle against British imperialism and sacrificed in every form and everywhere to oust the fiendish dominance of almost two centuries. Hindus, taking inspirations from the clarion call of Swami Vivekananda and “Anandmath” of Bankim Chandra Chatterjee, initiated revolutionary struggle in the Indian soil which soon earned a wide-reaching esteem. The fierce yet magnificent battle waged against British Raj subsided soon due to iniquitous deeds and mounting repressions of the alien government but Hindu-German conspiracy, hatched to uproot British remains unparallel, due to its intensity and excellence, even in the contemporary world.

Revolutionary movement was overshadowed, without doubt, by the non-violence movement under the aegis of Mohandas Karamchand Gandhi (alas Mahatma Gandhi) but participated mostly by Hindus. Well, to what extent non-violence movement became triumphant to snatch independence remains debatable but undoubtedly, combination of revolutionary and non-violence movements, under Hindu leaderships, played great roles to have independence from foreign control.

But the end did not become as expected by Hindus. Steady rise of Muslim League as the spokesperson of Muslim rights and its promotion into custodian of the same, especially after the emergence of Mohammed Ali Zinnah, in 1940s brought every Hindu desire to a standstill. Paltry presence of Muslims, exceedingly occupied to create an Islamic state of India always, in national liberation struggle stopped to matter anymore and what started to matter was its numerical presence and brawny strength along with aspirations to create a separate Muslim state called Pakistan.

Riots to have Pakistan expressed through Great Calcutta Killing – Direct Action Day on August 16, 1946 – and Noakhali pogrom against Hindus and counter-actions to those engulfed the whole of then Indian subcontinent. But this was not any ordinary riot – while one community (Islamic) was frantic to annihilate another one racially, the other one was trying to save itself desperately. And in the end Pakistan became a reality devouring millions of Hindus, if not more.

Have Hindus become independent after that? This is a crucial question. While a portion of Bengali Hindus still languish in Muslim dominated Bangladesh and are persecuted there day in and day out, fate of Kashmiri Hindus in India is no different. They, after being driven out of their homeland forcibly, have turned into mere refuges in the streets of Delhi. What has been done to them even after over two decades of forcible expulsion? The matter is still under consideration!

Had this taken place with Muslims in India what would have happened? Not to speak of building up a strong international opinion by secularists, government of India would simply have jumped to nurse the wounded Muslim psyche (without losing a second) apart from showering millions of money on them.

Who does emerge as victorious in Indian independence struggle then? It’s none but Muslims who virtually remained aloof from the nationwide struggle between 1905-1947. Apart from creating two independent Muslim dominions on two sides of Indian border, a chunk of Muslims remained in India and the same through flexing muscles recurrently is dominating modern Indian politics more and more.

Does this veracious reality portray any form of Hindu independence in India? Does August 15 signify independence for Hindus too? It’s the time to mull over this subject.

Secular and independent India through executing an assortment of bills, predominantly Hindu Code Bill, has made Hindus entirely effete. To save itself from further decay and above all destruction, Hindus have got to wage a new liberation struggle. And it must also come out from its age-old beliefs and start differentiating between State of India and its coveted motherland.

Contemporary India where they are regarded as second-grade citizens is not Hindus' own independent land.

It’s the time to re-assess Hindu Code Bill

Decades may pass but if anything (be it any notion or bill), introduced once, continues to affect a particular community incessantly, neither its source nor factors responsible for its enactment can be written off ever. Hindu Code Bill, passed in mid 1950s in India, alleged to unify Hindus and thus the whole of India, is still a controversial subject and is considered by many as a ploy to retain Hindus in a cocoon of pseudo nationalism and pseudo secularism. These thoughts did surface then too but a great section of Hindus having faith in the State structure refuted. After several decades it is being mulled over by pundits that the Bill has done more harm to Hindus.

Witnessing hapless situation of Hindus these days, some schools of thought nowadays comprehend the reality and also the myth of Hindu Unity through Hindu Code Bill nurtured smartly by Indian state structure. It is worthwhile to mention that four Hindu Code Bills were passed and these are Hindu Marriage Act (1955), Hindu Succession Act (1956), Hindu Minority and Guardianship Act (1956) and Hindu Adoptions and Maintenance Act (1956).

Here is a synopsis of Hindu Code Bill.

Hindu Code Bill, as per historians and legal experts, was aimed to render a civil code instead of a Hindu personal law. Well, such an idea did come up in British India too but the law was amended to a certain extent under the alien rule. On April 9, 1948 Hindu Code Bill was introduced to the Constituent Assembly for the first time but the following ruckus, raised by its antagonists, proved to be too heavy for the then Union Government of India. To make it easier and also to delude Hindus, the bill was fragmented to three more specialized bills. These were again introduced between 1955 and 1957.

Hindu Marriage Bill, in short, illegalized ancient Hindu tradition of polygamy and also contained provisions managing inter caste marriages and divorce procedures. Hindu Succession Bill, with regard to inheritance of family property, placed daughters similar to widows and sons. Hindu Adoption and Maintenance Bill concentrated on the saga of adoption of girls. Many Hindus considered these as blazing torches of liberalism. But even after 50 years of enactment of these bills, problems remain same. To be exact, they have become murkier than before and in this case, application of Hindu Code Bill, hurried and wrongly assessed, can’t be ruled out.

Hindu Code Bill faced sharp criticisms of Hindu nationalists including Dr. S.P. Mokerjee and N.C. Chatterjee as they considered such an act was not only an assault on Hindus but also a threat to stability and veracity of traditional forms of marriage and the family in Hindu society. Swami Karpatriji, highly revered sanyasi belonging to the Dandis, launched a mass struggle to call this move a halt.

Ram Rajya Parishad, his own political party, organized copious demonstrations against the Hindu Code Bill. 15,000 people did attend a week-long conference in Delhi at the beginning of 1949 and some of them were personalities like Princess of Dewas Senior (a former princely state in Central India).

What did infuriate the said two Hindu nationalist leaders from Bengal? They were annoyed since the civil law reform concerned Hindus only, while the Constitution instructed (in article 44 of the Directive Principles) the State to give India a uniform Civil Code. Dr. Mookerjee criticizing the bill fervidly stated "government did not dare to touch the Muslim community."

What did prevent Nehru from introducing a Muslim Code Bill? He, modern scholars suggest, was eager to turn himself as custodian of minority Muslims, including those who preferred to remain in India after partition.

Even Rajendra Prasad, elected as President of the Republic in 1950, was hurt by this notion for having 'new concepts and new ideas…. are not only foreign to Hindu Law but may cause disruption in every family'.

But Nehru was unstoppable and Hindu Code Bill continues to rule Hindus.

Is it a stigma? Has not the time come to reassess Hindu Code Bill once more and build up strong movements for its eradication, if necessary?

Noakhali genocide remains a forgotten event thanks to poor-spirited Bengali Hindus

It was Circa 70 when Jews became subject to religious persecution for the first time. Then ancient Roman Army destroyed Jerusalem, killed more than 1 million Jews, forced almost 100,000 Jews to become slaves and captives. Tens of thousands of Jews from Palestine were also dispersed to other sites in the Roman Empire. This saga of persecution ended with holocaust or mass murder of Jews under the German Nazi regime from 1941 until 1945.

Jews roamed across the globe for 2,000 years but none of such atrocities was disregarded ever. Each and every Jewish book expresses these as blackest days in their own history and the same concepts are transferred from one to the next generation.

How can Bengali Hindus fail to remember Noakhali episode then? Noakhali genocide or carnage, a series of Hindu massacres, abductions and forced conversions under the aegis of dominating Muslim community in districts of Noakhali and Tipperah of Chittagong Division of then undivided Bengal, continuing from October 10, 1946 to late November, shocked moral sense across the globe. The event not only sealed the fate of dreams of a free, undivided India but also of Bengali Hindus once and for all.

Without a shred of doubt, Bengali Hindu community, unlike Sikhs, has failed to recover from shocks of partition on the whole. It is deprived of power, be it political, social or philosophical, and is reeling under the threat of negationism at the moment.

Shall the said question be repeated yet again? Perhaps there is no such need; Bengali Hindus, through their incapacity to save, develop themselves gradually and exaggeration of knowledge dispiritedly for decades, have converted them into a laughing stock only.

Now the subject remains of the extent of tortures on Hindus in Noakhali.

Here are some excerpts.

“Worst of all was the plight of women. Several of them had to watch their husbands being murdered and then be forcibly converted and married to some of those responsible for their death. Those women had a dead look. It was not despair, nothing so active as that. It was blackness…….the eating of beef and declaration of allegiance to Islam has been forced upon many thousands of as the price of their lives” – written by Miss Muriel Leister, member of a relief committee sent to Noakhali, on 6th November, 1946,(V.V. Nagarkar – Genesis – p 446).

October 23, 1946 edition of Amrita Bazar Patrika stated clearly:

“For the 13th day today, about 120 villages in Ramganj, Lakshmipur, Raipur, Begumganj and Senbag thanas (police stations) in Noakhali district with a Hindu population of 90,000 and nearby 70,000 villagers in Chandpur and Faridganj thanas in Tippera (Comilla) district remained besieged by hooligans. Death stares the people of these areas in their face and immediate rushing of supply to these areas with the help of military, who alone could do it, would save the lives of these people, most of whom have been without food for the last few days.”

On 16/10/1946, The Statesman reported:

“In an area of about 200 sq miles the inhabitants surrounded by riotous mobs, are being massacred, their houses being burnt, their womenfolk being forcibly carried away and thousands being subjected to forcible conversion. Thousands of hooligans attacked the villages, compelled them (Hindus) to slaughter their cattle and eat. All places of worship in affected villages have been desecrated. The District Magistrate and the Police Superintendent of Noakhali took no step to prevent it.”

Noakhali carnage took place due to several factors, one of them was the need of Muslim vengeance to defeat in Great Calcutta Killing by Hindus. On October 10, 1946 the pogrom started with the rabble-rousing speech of Gulam Sarowar, an ex-M.L.A of Muslim League at Begumganj Bazar. A dreadful anti-Hindu speech by quoting verses of Quran exhorting Muslims to kill the Kafirs and idolators and perform religious duty was given. This was followed by violent assaults of Muslim mobs on Hindu properties, killings of hundreds of Hindus, rapes of Hindu women – a complete savagery.

When the correspondent of 'Amrit Bazaar Patrika' S.L.Ghosh reached noakhali, he reported:

"The horror of the Noakhali outrage is unique in modern history in that it was not a simple case of turbulent members of the majority community (Muslims) killing off helpless members of the minority Hindu community, but was one whose chief aim was mass conversion, accompanied by loot, arson and wholesale devastation... No section of the Hindu community has been spared, the wealthier classes being dealt with more drastically. Abduction and outrage of Hindu women and forcible marriages were also resorted. The slogans used and the methods employed indicate that it was all part of a plan for the simultaneous establishment of Pakistan."

But even after all these Noakhali carnage has become a forgotten event in history thanks to lily-livered Bengali Hindus. What can be said to them? Nonsense or inept to live in the world!

Dangerous and Anti Hindu Communal and Targeted Violence Bill

PREVENTION OF COMMUNAL AND TARGETED VIOLENCE (ACCESS TO JUSTICE AND REPARATIONS) BILL, 2011

· A draconian law which will impose permanent emergency in India for Hindus and the condition of Hindus will be similar to the condition of Jews in Germany who were tortured and executed without reason and merely on an allegation.

Prime Minister Manmohan Singh had said once that Muslims have first right over National Resources. This bill shows the same mindset of appeasement at work.

1. Who has drafted it?

· National Advisory Council (NAC) has drafted the communal violence bill with the purpose of presenting it in the Parliament in the monsoon session.

· NAC is an extra- constitutional body acting as a Super Parliament. It was constituted by Central Govt in the year 2004

Chairperson of NAC is President of Congress Party Smt. Sonia Gandhi. Its members include hand picked NGO activists who are Pro-Congress and known Hindu bashers like Teesta Seetalwad , Harsh Mander and likes.

Intention behind the bill

· Union Minister Kapil Sibal while making this bill public remarked about the alleged involvement of state government in Gujarat riots and hence such incidents should be prevented in future.

· Every bill has an INTRODUCTION which underlines the reasons for bringing the bill and the OBJECTIVES it seeks to achieve. This bill does not have any Introduction and hence does not specify the reasons or objectives.

· Timing of this bill is very important. Much maligned Christian organizations of USA have put India on its Human Rights Watch list after episodes in Gujarat and Orissa. This organization has never talked about the plight of Hindus in Kashmir or in Tripura and Manipur.

DANGEROUS PROVISIONS OF THIS BILL

Most dangerous definition in the bill is that of ‘The Group’ which “means a religious or linguistic minority in a given State or Scheduled Castes and scheduled Tribes”.

Scheduled castes and scheduled tribes already have a very strong law namely the Scheduled Caste and The Scheduled Tribes (Prevention of atrocities) Act, 1989. Hence need no additional law.

There is nothing called linguistic minority. Even in Maharashtra, if we see a dispute between Marathi and other languages, it is more of a dispute with non – Maharastians and assertion of Marathi culture on regional basis and not about language.

Regarding minorities, Parsi is a peace loving community and Sikhs, Buddhists, Jains are considered to be Hindus. Except for riots against Sikhs in 1984, there is no history of riots against them.

Hence in the name of religious minority, the bill is concerned only about Muslims and Christians. Muslims form 73% of the entire minority population. Christianity grows on conversions.

Thus the real intention of the bill is to appease Muslims as has been policy of Congress in the past and with an eye on U.P. elections next year as an immediate gain.

AN ACT IS AN OFFENCE ONLY IF IT IS AGAINST THE GROUP i.e. read against MUSILMS AND CHRISTIANS

a. Communal and targeted violence means an act or series of acts, whether spontaneous or planned, resulting injury or harm to the person and or property, knowingly directed against any person because of his membership of THE GROUP.

b. Hostile environment against THE GROUP means a hostile environment created against THE GROUP (read Muslims and Christians) so that it is difficult for them to do any trade or business or deprive them of their fundamental rights, or force them to leave their home or do any act which creates an offensive environment.

e.g. It is difficult to know when a person feels offended about an act.

For example if a Hindu refuses to give his house on rent to a Muslim, a businessman refuses to take raw material from a Muslim supplier, or a Muslim student is not given admission by a school or a client wants to change his Muslim lawyer, or a list of terrorists involved in bomb blasts in last 1 year is published in the newspaper and due to above said acts, a Muslim feels offended, this is an offence under this act.

c. Victim means any person belonging to this GROUP (read Muslims and Christians) who has suffered physical, mental, psychological or monetary harm to himself or his property and includes his relatives, legal guardian and legal heirs.

e.g. how can we measure which action leads to mental and psychological pain. For example any Muslim or Christian can complain that mental harm is caused to him by the noise of the band in the marriage party, the shankh or bell in temples, the processions during Diwali Dushara etc. then will the police book and arrest all persons involved in the procession etc.?

d. WITNESS is any person who knows about the facts or has information about the injury done to THE GROUP (read Muslims and Christians) only.

e. HATE PROPAGANDA includes any material published or communicated by words spoken or written or by signs or by visible representation or otherwise which incites hatred and may lead to violence againstTHE GROUP (read Muslims and Christians) or broadcasts or publishes or advertises any such information against THE GROUP (read Muslims and Christians), he is guilty of hate propaganda.

For example if any newspaper publishes the provocative speeches of Muslim fundamentalists who are inciting people on the basis of religion, or if a newspaper publishes list of terrorists who are Muslims or Christians or if anybody publishes names of Ajmal Kasab and Afsal Guru in newspaper in relation toJehad or if there is discussion or debate or seminar on terrorism or fundamentalism, etc. and the role of Muslims or Christians is discussed, this could be an offence.

This will give a death blow to freedom of speech and expression and will be against democracy.

e. Head of the organization/association will be responsible for act of its members

If any ordinary worker is involved in any such act against THE GROUP (read Muslims and Christians), the head of the organization can also be considered guilty. Thus if false complaint is lodged against a Hindu and he is member of a certain Hindu organization, then the head of that Hindu organization can also be arrested. Also if a Hindu is involved in any of the abovesaid acts and he says that he belongs to a certain Hindu Organization or is made to forcibly admit, then the head of the organization can be arrested.

f. TORTURE - If a public servant does any of the abovementioned Act including mental or physical pain against THE GROUP (read Muslims and Christians), he is guilty. He can be prosecuted without permission from the govt. which is otherwise always needed and is essential.

Public servants can also be removed from their office/job for dereliction of duty i.e. not doing enough to get justice for THE GROUP (read Muslims and Christians).

Public servants can also be held guilty for not being able to control the subordinates under him. Hence highly placed Senior Public Servants will always be afraid of being punished for not doing enough in favour of THE GROUP (read Muslims and Christians). Thus they can be arm twisted to inflict atrocities against a Hindu even without any evidence and just to please minorities.

The bill also states that the public servants including police cannot say that they were just doing their duty/obeying seniors if they do anything against THE GROUP (read Muslims and Christians). They will be punished.

g. SEXUAL ASSAULT is an offence only if committed against THE GROUP (read Muslims and Christians).

h. If a complaint is filed by any person of THE GROUP (Muslims and Christians) then the Hindu will be held guilty unless he proves his innocence. The Muslim or the Christian complainant does not have to give any proof. Mere allegation is enough.

This is in contradiction of the basic premise of law which states that “everybody is presumed innocent till proved guilty”. This bill states every Hindu accused is guilty till he proves his innocence.

NATIONAL AUTHORITY FOR COMMUNAL HARMONY, JUSTICE AND REPARATION

a. National Authority will be formed by Central Government to supervise and implement the provisions of the bill.

b. It will have 7 members including Chairperson and Vice Chairperson. 4 out of 7 members including Chairperson and Vice Chairperson will always be Muslims. This means the bill considers that only Muslims and Christians can take care and do justice for THE GROUP (Muslims and Christians). This a dangerous premise as it means that a Judge or President, Vice-President, Prime Minister or any other Public Servant takes care of people belonging to his religion/community only.

c. National Authority will monitor the postings, transfers of public servants including police, security forces etc. in case of even apprehension of communal violence against Muslims and Christians. This means even on the basis of one small information, National Authority can over take all the powers of the State Government and can interfere in the affairs of the states.

National Authority has almost unlimited powers as it can even issue orders to police and Armed forces in cases of communal violence against Muslims and Christians. Statements given to the National Authority is equal to statement given in court of law.

f. Qualification for being a member of National Authority. Usually retired judges of High Court/Supreme Court are appointed in various Commissions but in this case, persons need not be retired judges of High Court or Supreme Court.

g. Only THE GROUP (read Muslims and Christians) have right to relief, compensation. A Hindu victim of communal violence has no right relief and compensation under this Act.

CENTRE WITH THE HELP OF NATIONAL AUTHORITY WILL EXERCISE UNLIMITED POWERS TO INTERVENE IN THE STATES (READ STATES RULED BY OPPOSITION PARTIES) AND WILL TREAT A RIOT AS AN INTERNAL DISTURBANCE AND CONSIDER IT AS BREAKDOWN OF THE STATE MACHINERY LEADING TO IMPOSITION OF PRESIDENT RULE.

This means that if the Congress government at the Centre decides to dismiss the government in Bihar, Madhya Pradesh, Gujarat, Karnataka etc., a few unlawful elements can always stage manage a riot in these states and if it continuous for a few days, then the public servants, the police, the security forces can be transferred, posted, held guilty and hence threatened and intimidated; for an act of any public servant, head of the state i.e. Chief Minister will be held responsible and punished. Thus the complainant, the prosecutor and the judge is a same person.

CONCLUSION

This bill will break the federal arrangement in the country i.e. powers divided between centre and states and will also create ill-will between different religious communities.

This bill considers Hindus as a violent community who always does violence against Muslims and Christians and others. Hindus are always the accused. Muslims and Christians never do violence and are always the victims. Hence while Muslims burning Sabarmati Express, in Gujarat is not a crime but the spontaneous reaction from Hindus in form of Godhra riots is a crime.

Under the proposed Act, when a Danish cartoonist made a cartoon of Prophet Mohammed and Muslims rioted and killed Hindus in India, the killing of Swami Lakshmananand who opposed the conversions by Christian Missionaries is not a crime. But any reaction by and from Hindus is a crime.

The crimes under this bill are cognizable and non- bailable.

If this bill is passed in the Parliament and becomes an Act, then Hindus will have to keep their mouth shut and always be at the mercy of Muslims and Christians so that they should never complain against any Hindu in any police station because then no proof is needed, no witness is required and they will be held guilty and sent to jail.

Awami League and Hindu Persecution

Can Bangladeshi Hindus depend on Awami League anymore?

A considerable section of the international community, not only in India or the other neighboring countries, but also in other parts of the world is busy in making merriment over the stunning triumph of progressive and secular forces in the land of Bangladesh. Truly, this is an epoch making victory and if someone considers, this will give rise to a new age of hope and brightness in the distraught county, he can’t be blamed. Well, the Hindu minority community of Bangladesh has also joined this elation and it hopes that the Awami League-led government will ensure a better life along with security to them. Here comes an important question. Can this ever be?

What has been the record of the Awami League in all these years and its relation with the Hindu community? Was it ever conscious to safeguard the Hindu interest or has it always used the far flung Hindus as mere pawns for a checkmate? These questions are coming to the fore since the Hindu population has come down to 9% from nearly 30% (1948) till date and on the word of dupes or victims there is hardly any difference between Awami League and ideologues of Jihadi fundamentalism in the country. It should also be noted, according to experiences, the mighty presence of Awami League helps perpetrators to hide religious persecutions on minorities, which go on relentlessly.

Are there strong evidences that can prove the culpability of this icon of Bangladeshi secularism? Let’s scrutinize facts and figures.

The ideologists of the Awami League were directly associated with the Muslim League that was responsible for the deadliest Great Calcutta Killing (1946) and in this episode the role of Sheikh Mujibur Rahman, father of the nation of Bangladesh, was of a trusted lieutenant of Huseyn Shaheed Suhrawardy, then Chief Minister of undivided Bengal. It is alleged by several sections that Huseyn Shaheed Suhrawardy is the true founder of the Awami League (then Muslim Awami League). What an irony! The party, in order to exploit the (then) reigning politics in Pakistan, changed its stance and became Awami League in 1952.

The greatest achievement of the party in the later period was to spearhead the historic Language Movement in 1952 although the demand to make Bengali one of the official languages of Pakistan was first propounded by Dhirendra Nath Datta (1886-1971), MP from Coomilla on February 23, 1948 in the Pakistan Constituent Assembly in Karachi. However he was not even thanked by Awami League, at that time, as he was a Hindu.

Now let’s enter into the other acts of this glorious party. It was on 25 th-26 th March, 1971 when the Pakistani Army started its operations. This was done by means of ethnic cleansing of Hindus and Muslims but with the exclusive gangrapes of Hindu women. Nevertheless, the Awami League carders were seen in looting the affluent Hindu families. Don’t get amazed! There are others too!

In India, during the fateful India-Pakistan war of 1971 training camps were opened at Balurghat, Siliguri and Dehradun under the auspices of the Govt. of India for the training of Mujib Bahini. What did happen there? In Balurghat, 7 Hindu liberation fighters were bayoneted since they were found discussing that the liberation of Bangladesh would bring no liberation for Hindus. In Siliguri 7 Hindu youths were bayoneted since it was alleged that they dared to tease the daughter of Fazlul Haq. But the incident of Dehradun surpassed all. 16 Hindu boys were brutally murdered there since they had kept Bhagavad Gita in their pockets. The Govt. of India preferred to remain quiet or else any outburst would have derailed the movement harming India.

Now let’s concentrate on Ramna Kalibari. This ancient temple was desecrated and destroyed by the Pakistan Army on 25-26 March, ’71 resulting into the brutal murder of 200 Hindu devotes, if not more, alongside. But the following history is more painful. The Bangladesh government under Mujibur Rahman, refused to acknowledge the long standing demand of Hindu community (temple’s restoration) and destroyed the remaining portion of this property spreading over 26 acres. According to the latest ordinance, it is now Huseyn Shaheed Suhrawardy Park and the project completed without any compensation.

What has been the role Awami League regarding Vested Property Act (erstwhile Enemy Property Act)? It was reintroduced by the Awami League government and 1,62,000 acres of land was incorporated into this Act between 1972-75. We should remember that Vested Property Abolition Act was introduced in 2001 by Sheikh Hasina Wazed and the consequence is well-known.

Let’s focus on his illustrious daughter now. Is she better? There were lots of hopes but all have already been squashed. She is always a devout Muslim and then a Bangladeshi, according to her own revelations. This conviction made her denounce the Bangladeshi Hindus as people with twin allegiance. The Hindu minority leaders faced the same rhetoric when Hasina advised them to become Bangladeshi citizens first. What’s more she has been refuting the charges of Bangladeshi infiltration to India!

Have these nefarious designs been played only against the Hindus? Not at all! The Chakma community (Buddhist) has also faced the same effrontery. Manabendra Nath Larma, chief leader of the Chakma community and also the MP of CHT went to meet Mujibur Rahman (regarding CHT’S development). He was advised to become a Bengali, conversely. It is said that this brazen outlook made Mr. Larma initiate the armed struggle. Last but not least, Bangladesh joined OIC under the aegis of Sheikh Mujibur Rahman.

The above-mentioned facts are tiniest specimens of the insensate and unabated minority persecution in the land of (alleged) Bengali nationalism under the covert and overt patronage of Awami League. There are, indeed, numerous stories of persecution that are undated and undocumented but continue with the same vigor.

Is a decent and a secured living of Bangladeshi Hindu community a bleak prospect? We think it is. Nevertheless, there is a greater reality. The greatest sin of Hindu community has been to confide in Awami League. It is, without doubt, a blasphemy.