ON its formation, the Congress party-led United Progressive Alliance (UPA) government in India had set up a body to draft a comprehensive law to deal with communal violence with a community or group as target. These drafts were twice placed before the National Integration Council. Since the council consisted of more than hundred members representing various fields of activities and as well as political parties it could not reach a consensus. The project has reached a dead end and has been given up for all practical purposes, as basic differences in the council could not be reconciled. In the light of Gujarat massacre of 2002, central intervention was essential when a state government could not control violence.

In Gujarat the Bharatiya Janata Party (BJP) government including chief minister and his senior police and civil officials had played a leading role in open collusion in inciting the people to teach the Muslims “a lesson,” though their crime is yet to be proved despite several judicial enquiries. The heinous crime committed during Godhra massacre attracted international attention and were for the first time openly condemned by the electronic media. More than 2000 persons had lost their lives and properties worth billions destroyed and looted. It may be recalled that the Gujarat massacre of 2002 was not the first of its type though in this, the state government had a direct role.

There have been thousands of Hindu-Muslim riots since independence. One recalls the Nellie massacre in Assam of Bengali-speaking Muslims in 1983, the Sikh massacre right in Delhi in 1984 and the Bhagalpur massacre of Muslims in Bihar in 1989, not to speak of the massacre of 1992 throughout the country after the demolition of the Babri Masjid. They were all manifestations of Hindu chauvinism which had given rise to persistent social stress and tension, breaking into horrifying violence. Now and then, even minor excesses had developed into major incidents which often targeted the rural or even urban localities. In Gujarat in 2002, nearly 300,000 Muslims were displaced.

Since their villages and localities were declared as “Hindu Rashtra,” victims were not allowed to go back. In many cases despite large-scale aid offered by the federal government, Muslim refugees received only petty assistance. They could not reclaim their land or homes or reestablish their petty business.

Gujarat massacre shocked the conscience of the world. Chief Minister Narendra Modi was held responsible and was not allowed to visit the United States or European countries. The problem arose because Modi aspired to be the next prime minister and has built himself as the strongman of Gujarat as successor to Vallabhbhai Patel. Indeed it is a pity that Gandhi’s Gujarat has reproduced a monster.

The Indian society is not only multidimensional with many ethnic, religious and social diversities and has a federal constitution which practically allows free hand to state governments which often act as deliberate agent of Hindu chauvinist forces whose prime objective is to subvert the constitution and convert India from a secular to a Hindu state. India is not only a signatory to the Universal Charter of Human Rights but also a party to many international conventions which protect minorities under a democratic system. In 1992 India adopted the UNGA resolution on protection of minorities. India has also played a key role in and outside the UN but there is no international authority to intervene when minorities are subjected to massive pogroms.

The RSS has been active on Indian political scene and growing in strength and its basic objective is to make India a Hindu state. Active on many political and organizational fronts, operationally with the help of the BJP and other members of Sangh Privar, they have tried to reverse partition and turn into a Hindu state in which non-Hindus will be ultimately absorbed.

When the draft was presented to the National Integration Council even the Left parties took serious objection to the term “targeted minorities.” This was indeed a defect in the draft bill and communal violence is not the monopoly of any particular group though most of the time the victims belong to minorities in towns and villages.

It has been well established that if the local administration is fair and impartial, while the outbreak of violence cannot be controlled, but law and order can be restored within a day or two. Moreover, in several towns and districts dominated by the majority, the minority can retaliate. In any case it is the duty of administration not to permit violence to linger on for days. Unfortunately in Gujarat the local administration was for political purposes became a tool in Chief Minister’s hand and was directed to teach Muslims a lesson for the unproved crime of burning a train coach at Godhra with more than 50 karsevaks returning from Ayodhya after the demolition.

Unfortunately at that point the BJP and its allies who were in power in Gujarat, while the central government was in the hand of Congress. The two were reluctant to act with firmness which was essential to bring the federal power to bear on the situation to save the people and prevent the collapse of administration. Modi acted in this manner in view of the coming state election of Gujarat in 2012, the national election in 2014, when the Conges and the BJP will be pitted against each other.

Any flaw and deficiency in the working of constitution need to be diagnosed and removed. One base flaw lies in article 15(1) of the constitution which prohibits discrimination against minorities but it does not grant the right to the federal government to protect minorities if the state authorities and administration are reluctant to use their police power. Therefore the minority rights against discrimination must be supplemented and protected.

It has been suggested that to remedy this when minority is being targeted with the collusion of local administration, the central government must after issuing advisories take over the administration of the “disturbed area” by deputing central forces under the command of senior federal officials to restore order immediately.

Long term social tensions and, of late surge of terrorism directed against groups and propagated through media and textbooks which also create a threat to life, liberty and happiness of the people and the peace of the country, which must be tackled urgently, and democracy must be saved from surge of fascism.

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The writer is a senior Indian diplomat, prominent Muslim politician and eminent columnist.

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