Brief Report of the Committee of Forum For Democracy and Communal Amity relating to communal flare-up in Muzzaffarnagar and Shamli districts of U.P. and its aftermath.
A meeting of the Forum For Democracy and Communal Amity had taken place at the Council For Social Development 30st Dec. 2013 under the Chairmanship of Prof. Muchkund Dubey wherein following had participated :
1. Professor Muchkund Dubey (President FDCA)
2. Justice(Retd.) Rajinder Sachar (Life member FDCA)
3. Mr. Kuldip Nayar (Life member FDCA)
4. Advocate N.D. Pancholi (Life member FDCA)
5. Father Dr. M.D. Thomas ( Social Activist)
6. Professor Prem Singh ( Delhi University)
7. Professor K.B.Saxena (CSD)
8. Mr. Nusrat Ali (Member FDCA)
9. Mr. Santosh Bhartiya (Journalist and Social Activist)
10. Mr. Shafi Madani (Social Activist)
11. Dr. Javed Jameel (Writer and Social Activist)
12. Mr. Shariq Ansar (Social Activist)
13. Mohammad Salim Engineer (Member FDCA)
The Forum for Democracy and Communal Amity (FDCA) was established in July 1993. The main objective of the Forum is to promote harmony and the spirit of common brotherhood among all the people of India transcending religious, linguistic, regional or sectional diversities; assist in the prevention of conflicts, riots and other acts of communal violence; and help the victims of such conflicts or violence to rehabilitate themselves and seek redressal of their grievances.
The FDCA held a meeting in New Delhi on 30 December, 2013, to discuss, in general, the existential threat of communalism to Indian society and polity, and to consider, in particular, the possible role it can play to restore peace and harmony in the riot affected districts of Muzaffarnagar and Shamli districts in Uttar Pradesh. At the end of the meeting, a decision was taken to dispatch a delegation of FDCA to this area in order to study the current situation and the needs of the riot affected people.
Accordingly, a 7-member team of FDCA visited the riot affected areas for three days (on January 4th, 5th and 10th, 2014) and met victims, their families, community leaders and senior members of the local administration.
Team members were :
1. Mr. N.D. Pancholi (Life Member, FDCA)
2. Prof. Prem Singh (Delhi University)
3. Ms. Rakhi Gupta (Social Activist)
4. Dr. Rakesh Rana (Bundelkhand University)
5. Mr. Shafi Madani (Social Activist)
6. Mr. Alauddin Ahmed (Social Activist)
7. Dr. Ashwini Kumar (Delhi University)
The Background
Before reporting the findings of the team it would be relevant to mention certain undisputed facts which led to the violent situation. On 27th August 2013, two young men, Sachin Malik and Gaurav Malik killed a muslim youth namely Shahnawaz at Kaval village which is a muslim majority village in the Muzaffarnagar district. These two young men belonged to Jat community from Malikpura Majara village which is next to Kaval village. There are differing versions of the cause of this killing. One version is that it was on account of the “eve teasing” by Shahnawaz of the sister of Sachin. However, another version as mentioned in the FIR by the father of Shahnawaz against the said Jat youths Sachin and Gaurav is that there was a fight over motorcycle. Soon after this killing both Jat youths Sachin and Gaurav were killed by the people of that area. Though such incidents whether of eve-teasing of the women or scuffle over collision of vehicles are common occurrences in the country, this incident was sought to be exploited by communal elements. A section of the Hindus raised the cry of “Bahu Beti Bachao” and propagated that the honour and prestige of Hindu women was at stake. A doctored three minute video clip was circulated on the Social Media in order to inflame the Hindus against the Muslim community. Later on, this video clip turned out of an incident which had happened in Pakistan two years back. Some minor incidents of violence of damaging some houses and stone throwing were reported on 28th August and 29th August at Kaval village involving the two communities. However no major violent incident occurred in the Kaval village or in any other place in the district of Muzaffarnagar and Shamli on those dates. But rumours and communal propaganda were in circulation and tension among the two communities was growing day-by-day.
It appears that heat of this communal propaganda was felt by the members of the Muslim community and accordingly they organized a public meeting on 30th August 2013 held at Shaheed Chowk, Muzaffarnagar, in which some prominent Muslim leaders of some of the political parties participated. One version is that fiery speeches were made by the speakers in this meeting; other version claimed by the organizers is that the meeting was called for making appeals for peace. Whatever may be the reasons, it is obvious that tension was mounting and the administration should have become alert and geared up to take precautionary measures to prevent any untoward incident. But it appears that the administration did not take the growing tension seriously. Soon after some members of the Jat community held a Panchayat on Sept. 5, 2013 in the village of Lisarh which is situated in district Shamli in which many Pradhans of the surrounding villages participated. This Panchayat declared that a Mahapanchayat of Jats would be held on 7th Sept. 2013 at village Nangla Mandaur which is situated near to Kaval village in district Muzaffarnagar.
It is worthwhile to note here that this Panchayat was held in a village which was not situated in Muzaffarnagar district where the incidents of killings of the three youths had taken place in the village Kaval. This meeting and the declaration of a Mahapanchayat made therein confirmed that tension was mounting but the administration did not wake up.
Jat Mahapanchayat at Nangala, Muzaffarnagar district
On 7th Sept. 2013 large number of jats from Muzaffarnagar, Shamli, Ghaziabad, Bijnor, Budhana, Baghpat and some other parts had reached the venue of the meeting in Nangla village in trucks, tractors trolleys and other vehicles. These Jats were armed with swords, ballams, lathis , country made pistols and other traditional weapons. The moderate estimate is that around 40 thousand persons had participated in the meeting, while some claims the number to be around 1 lakh. The fiery and venomous speeches were made by the speakers who included MLAs and other leaders of major political parties. The atmosphere in the meeting was so hotly surcharged that many saner elements who had gone to participate in the meeting felt helpless. Our team met some of such participants, who are responsible members of the Jat Mahasabha, at Sushant Lok, Meerut on 4th January, 2014 who told us that the feelings were so inflamed at the venue that if any person dared to talk senses, he would have been badly beaten or even killed. Therefore they thought it better to silently sneak out of the meeting.
These Jats, while on the way to attend the Mahapanchayat had come in tractor-trolleys and other vehicles waving swords, ballams, lathis etc. and shouting anti-Muslim slogans like “Musalmano ke do sthan, Kabristan ya Pakistan” (there are only two places for the muslims – either Pakistan or graveyard). A dog was seated in a trolley with a burka on it and was being beaten with shoes. Many Muslim dominated villages were situated on the way where these Jats shouted slogans against the Muslims and challenged them. Some minor scuffles took place on the way. In the Mahapanchayat the fiery speeches had further inflamed them and while returning from the meeting they were in a highly agitated and aggressive mood. They were more vehement in shouting provocative, insulting and defamatory slogans against the Muslims. On the other hand, by that time the Muslims in the Muslim dominated villages situated on the return path of the Jat procession had readied themselves and made sufficient preparations to deal with the aggressive Jats. These Muslim dominated villages were equally powerful and were ready to fight back. Violent confrontation took place at Bassikala and Purbalian villages where Jats encountered formidable resistance and around 5-6 members of the procession were killed. The district officials whom we met told us that sufficient police was not available to control the Jats. The adminstration had received information that if the Jat processionists took the same route on their return to their respective villages there was likelihood of violent clashes because the Muslim dominated villages on the way had organized themselves to face any confrontation with the Jats. Therefore the officials advised the processionists not to proceed further ahead of Purbalian village. Fortunately the discretion seemed to be better part of the valour and the Jats did not proceed further and had to change their routes. Most of them had to spend night in some friendly villages and towns and were able to reach their respective villages next day in the morning.
However, some killings took place. One photographer, a Muslim namely Israr from village Kandla was killed near the Maha-Panchayat. Two people were killed including a journalist at Khalapar in Muzaffarnagar. One Ansar, driver, who had driven a bus of Jats to Mahapanchayat was beaten to death. During return journey there were clashes at Purbalian. Three young men of Jat community of Kakada village were killed by stoning. Another person who received head injuries died in the hospital. Near Jolly Kenal Bridge under P.S. Bhopa there were killings of six persons -four Jats and two Muslims.
Rumours
Throughout intervening night 7/8 Sept. 2013 the rumours ran high. Though there were not more than 10 or 11 killings during this period, rumours raised the number of killings to hundreds and thousands. Mr. Indermani Tripathi, the Additional District Magistrate, Muzaffarnagar, told us that local newspapers lent support to wild rumours and mentioned the number of killings into hundreds and thousands in the forthcoming daily edition. As soon as the administration came to know of this, they immediately swung into action and confiscated all newspapers at distribution points itself and did not allow even a single newspaper to be distributed in Muzaffarnagar and Shamli districts. He told us that had the newspapers been allowed to be distributed, the highly aggravated false reports of killings would have led to large scale violence. It is an undisputed fact that no newspaper was allowed to be distributed in those districts on 8th Sept. 2013.
8th Sept. 2013 : Violent incidents
The Jats who had attended the Mahapanchayat at Nangla, returned to their villages in the morning of 8th Sept. They were stopped from using the same route by which they had come to attend the Mahapanchayat, they had to spend night here or there and had to change the route for return journey. Few of them were in a highly agitated mood, felt humiliated and were itching for a fight with the Muslims. In their villages They found soft targets of the Muslims who were in minority on whom they poured their anger. Such Muslims generally belonged to poorer sections such a carpentars, artisans, small type mechanics, barbars, daily wagers etc. and were not in a position to resist. Such violent incidents were confined to only nine villages where killings, arson, looting, burning of houses was resorted. Eight Muslims were killed in Kutaba village in Muzaffarnagar district. 13 Muslims were killed in Lisad village in Shamli district. In all there were killings of about 65 persons in which around 12/13 were Hindu Jats and rest were Muslims. However almost all the Muslim residents of these nine villages had to escape for safety and took refuge in safer places and later on were accommodated in relief camps which cropped up later. Besides these nine villages, Muslim residents of about 125 villages, who were in minority, also escaped from their villages out of fear, though there were no incidence of killing, arson, looting etc.in those villages but rumours were so strong that Muslims of those villages did not take want to take any chance.
Meeting with the Pradhan of Purbalian village, Muzaffarnagar Dist.
The team members visited the village Purbalian in District Muzaffarnagar on 4th January, 2014 where the violent incidents took place on the night of 7th Sept. 2013 while the procession of the Jats was returning after the Mahapanchayat at Nangla. The team members met Shakir Ali , the Pradhan of the village Panchayat and some of his colleagues. He told us that large number of Jats had passed his village on trucks, tractors, cars and motorcycles to participate in the Mahapanchayat at Nangla. They were carrying arms like swords, kirpans, ballam, pistols, rifles and bricks. They were in highly agitated moods and were shouting provocative anti-muslim slogans like “Musalmano ka ek hi sthan, Pakistan ya Kabristan”. They had effigies of the Muslims with caps and towels and were burning them. He further told us that some of the Jats made objectionable gestures towards the Muslim women during procession while proceeding to attend the Maha Panchayat. Purbalian is a Muslim dominated village and the provocative slogans and shouting had spread alarm and apprehension among the villagers. They started taking defensive strategy. When the Jats returned after attending Mahapanchayat the same night, they were very aggressive and had started abusing, manhandling and attacking those who appeared to them as Muslims. When they came to Purbalian village they were shouting the same provocative slogans and started throwing bricks on the houses of Muslims. They also set fires to some of the houses in which 22 houses were burnt. It enraged the members of the Muslim community, especially the young, and there could have been large scale violence if the Muslim tried to retaliate but they were restrained by their elders. The police personnel were also present on the spot. He further told us that false report has been made against him and his name is also included as one of the accused in the FIR which was lodged for violent incidents at Purbalian in which total 32 persons have been made accused. He said that SP (Samajwadi Party) and BJP (Bhartiya Janata Party) parties were in collusion and he said that administration should not have allowed the procession to move when the processionists were openly flaunting their deadly weapons and shouting inflammatory and provocative slogans against the Muslim community for the whole day.
Meeting with the Surpanch and other members of the villages namely Kankada, Muzaffarnagar Dist.
After meeting Mr. Shakir Ali, the Pradhan of the Purbalian village, the team members met Shri Ravinder who is Sarpanch of village Kankada which is situated near Purbalian village. Three residents of this village belonging to Jat community were killed at Purbalian on the night of 7th Sept. 2013 in the communal violence. Surprising aspect is that though three Jats of this village were killed at Purbalian village, there was no killing of the Muslims in retaliation, though it is Jat dominated village and Muslims were in helpless minority. Pradhan Ravinder Kunar told the team that anger was running high in the village on receipt of the news of killings of their three residents, but he alongwith other elders saw to it that no untoward incident take place in retaliation. They were able to prevent violent incidents but since there was lot of tension and rumours were wild, they were not able to prevent the exodus of the Muslims from the village, in fact they also helped in the safe passage of the fleeing families numbering about 300. However two Muslim families did not flee and were still residing in the village. He told us that he phoned the police and other administrative officials but there was no response and no official help came on 7th or 8th Sept. 2013. He said that he was in contact with members of the Muslim families in the relief camps and he and other elders were trying their utmost to persuade them to return to the village but the government is not helping in the effort. About 265 Muslim families of the village had received compensation of Rs. Five lakhs each from the government till that time and the families are reluctant to return because there is condition of the compensation that if any family return to the village, the compensation paid will have to be returned back to the government. He said that he and other members of the village sincerely want the displaced families to return to the village and the Jats were ready to take any step in this direction. He told us that the Jat of the village were taking care of the houses and other property of the displaced families and providing protection. He further told that his name was falsely included in a FIR as one of the accused but later on his name was removed.
The Kutuba village, Muzaffarnagar district
The team members visited Kutuba village where 8 persons belonging to the Muslim community were killed and met some of the residents. We could not meet Sarpanch. We were told that as soon as the Jats, after attending the Maha Panchayat on 7th Sept. returned to the village on the morning of 8th Sept, 2013, they started attacking the Muslim families and perpetrated the acts of killings and arson. All the Muslim families fled. Mostly these families were doing artisan jobs and rendering other menial services for the Jat landlords and as result of the total exodus of such artisans, the village was terribly suffering for want of such services. The resident of the village had to travel to several miles to other villages in search of such artisans to avail the required services. Such artisans generally happen to be Muslims and perform required services at handsome price. During our visit to the village, we found that an artisan, who was a Muslim and who had been brought by the Jats from a remote village, was busy in fixing iron heels to the oxen, buffalos etc. of the village and for doing around 30 such jobs had earned around Rs.4000/- in a single day.
The village Kutuba is adjoined by another village, namely Kutubi. Both the villages are joint by walls. We were told that the inhabitant Jats of Kutuba village are very hot headed and are prone to violence on slightest opportunity while the Jats of Kutubi village have sober temperament. For this reason there was no killing in Kutubi village, while there were eight killings in the adjoining Kutuba. However the Muslim residents of both the villages had to flee. We were told of the instances where Jat women had provided their ‘dhotees’/’sarees’ to Muslim women to enable them to flee in Hindu attire. We were also told of an elderly Jat woman of the Kutuba village who was very upset and was making periodic visits to the relief camps to meet her Muslim neighbours.
Meeting with the Sarpanch and other members of Lisad village, Shamli District.
The team members met Mr. Ajit Singh, the Sarpanch of Lisad village in Shamli district where about 13 killings, maximum killings in a village, had taken place. During meeting with him large numbers of Panchayat members numbering around 100 had collected in ‘Choupal’ (verandah) near the Sarpanch’s house and there was very lively discussion. We told them that the main purpose of our visit was to find out whether it was possible for the displaced persons of this village to return to their village. All in one opinion replied that they themselves wanted them to return but the administration was not taking any step in this direction. Sarpanch told us that he had visited the relief camps alongwith other residents of the village and had requested the displaced families to return. But such efforts have not been fruitful. In fact his grievance was that the amount of compensation of Rs. Five lakhs promised to the each displaced family was the main obstacle because the displaced family were not returning as they were afraid that they may be asked to return the said amount of compensation if they return. One youngman murmured ,‘ UNKE JAANE SE TO HAMARE GAON KI TO RAUNAK HI CHALI GAYEE, DEKHO GAON KITNA SOONA SOONA SA LAGTA HAI!’ ( After their departure all the shine of our village has disappeared, you see how empty our village appears!). Another murmured if there is even a puncture in the tyre of a bike, one has to travel several miles to get it repaired. Sarpanch told us that the houses of the displaced persons were being properly protected and there was nothing to be afraid of. He further told that displaced persons were in fact coming and visiting their houses to collect some of the necessary items from their houses. In fact many of them were visiting the bank branch located in the village to operate their accounts.
Two aspects of the problem
The team was able to find two aspects relating to displaced villagers. The administration has divided the affected persons in two segments:
One relating to those who were displaced from the villages where incidents of large scale violence, killings, burnings etc. took place. The number of such villages has been determined nine. The second segment is of those villages numbering about 125 where physical violence resulting into casualties etc. did not take place but the members of the Muslim community fled from their homes out of fear.
All the relief camps in Muzzaffarnagar district have been dismantled. Similarly all the relief camps in Shamli district except the two were found dismantled at the time of the visit of the team.
The issue of nine villages
The displaced persons of these villages are not prepared to return to their respective villages for the following reasons:
(i) Killings of the close relatives, arson, looting, beating and other physical violence had taken place in these villages and they are afraid to return. They have also filed F.I.R.s against the assailants and large number of those assailants have not yet been arrested and are roaming freely in the area.
(ii) The State Govt. has given compensation to the victims of killings amounting to Rs. 10 lakhs to the family for one death. Besides small amount of compensation has been decided to be given to each family for damages due to burning or looting as per assessment. Further it has been decided to give a compensation of Rs. 5 lakhs to each family to enable them to rehabilitate elsewhere as such families are finding it difficult to return to their villages. The administration has taken an affidavit from each of such families to the effect that they would not make any claim from the Govt. on account of any loss of their moveable or immovable properties which had been left in the village and that they would not return to their villages. Such compensation has been given to large number of families of these nine villages and the claims of others are in process. Those who have taken this amount have been told that if they return to their villages, they will have to refund the said amount of Rs. 5 Lakhs. In view of this condition even if some may be persuaded to return to their respective villages, they are not willing to go back lest they should to return the amount of compensation. Many of such villagers have bought lands in groups and have started building their houses. We visited two of such places in Muzaffarnagar district, one in Bassi Kalan and another nearby. Many have taken accommodation on rent. But they are not willing to return to their villages.
The issue of 125 villages
It appears that many displaced persons belonging to 125 villages have returned back, but still there are stated to be large number who have taken accommodation on rent or residing with their relatives. The administration has decided not to give any compensation to such villagers. In the relief camp of Malakpur , Shamli district there are about 700 families. We could not ascertain the number of families in the adjoining camp. The villagers in the camp said that they were not willing to return to their homes.
Meeting with district officials
The team members met Mr. Indermani Tripathi, ADM (E), Mr. Rajesh Kumar Srivastava, A.D.M. (Finance) both of Muzaffarnagar district, and Mr.Ram Niwas Sharma, S.D.M. (Up Jila Adhikari) of Shamli District. From their discussion it transpired that the administrative officials had tried to do their best in the circumstances, but because of the lack of police forces they could not succeed in checking the violence on 7th and 8th Sept. 2013. There were total about 65 killings, including 12/13 of Hindu Jats and rest were Muslims. Till 10th January, 2014, 225 accused had been arrested and 39 surrendered. However about 99% of such arrested persons were able to secure bail. According to them the administration is busy in taking steps to rehabilitate the displaced persons and solving their problems. The administration was making arrangement for teaching of the students whose education has suffered and getting examination and admission rules relaxed in their favour. They were also searching the whereabouts of those displaced families who have not returned to their villages (except those of affected nine villages). Mr.Tripathi told us that every information is available on the website of the administration.
Silver Lining
It appears that the main design of the communal forces who instigated this violence was to engulf the entire western UP region in large scale communal conflagration to polarize two communities. They had circulated venomous rumours and a doctored video clip to inflame passions among the Hindu community. But the serious violence of killings, arson etc. remained confined to nine villages only. There are around 500 villages in Muzaffarnagar district and 300 villages in Shamli district. Out of these 800 villages, besides 9 villages where violent incidents of killing etc. took place, the exodus of Muslims took place only from 125 villages, and this was as a result of fear, though no violent incidents of killing, burning or looting of houses etc. is stated to have taken place in those villages. We heard many stories of help and protection given to respective communities in large number of villages and efforts made by them to maintain communal harmony. As soon as the news of violence started circulating, the members of different communities held joint meetings alongwith the administration at several places to ensure that the violence did not spread further. Meetings held at Budhana in Muzaffarnagar district and at Meerut are noteworthy in this connection. It is also worthwhile to note that among those 800 villages situated in Muzaffarnagar and Shamli districts, there are large number of villages –in hundreds, which are dominated by Muslims and in such villages the Muslims ensured that no harm was done to the members of the Hindu community. There was no exodus of any member of the Hindu community from any village. Similarly there are large number of Hindu dominated villages where the dominant sections ensured that no harm is done to the members of the Muslim community. The team members also had few discussions at roadside tea shops etc. with members of the local populace, and the general feeling entertained by them appeared to be that the violence in Muzaffarnagar and Shamli districts were orchestrated to serve certain political interests. The team is of the opinion that such stories and acts wherein local residents of both communities did their utmost to prevent the violence spreading further and tried to maintain communal harmony need to be investigated and published and encouraged. The civil society organizations interested in the promotion and maintenance of communal harmony and democratic values would do well if in future they make repeated visits to different villages and towns of these two districts and have dialogue with local groups to strengthen feelings of communal harmony and goodwill among them. Forum For Democracy and Communal Harmony (FDCA) has already decided to take such exercise.
Demands and Recommendations
Conditions must be created to enable those uprooted from their homes in the riot affected villages to go back to the villages. They have the fundamental right under the Constitution to safe and peaceful stay at their homes and occupation of their properties. This will also be the most effective means of restoring communal harmony and amity in the riot affected areas of these two districts. Finally, it will restore confidence among the Muslim population not only in the rest of U.P. but also in India.
The following steps should be taken in order to create the conditions conducive to the return of those displaced by the riots, to their hearths and homes:
(a) A suitable job should be given to a family member of deceased;
(b) The State Government should forthwith withdraw the condition that those who have been provided compensation of Rs.5 lakhs will have to surrender this amount if they go back to their homes;
(c) Those who have not been or are not qualified to receive this compensation but have fled their homes out of fear, should be provided, both as a means as well as an incentive, for returning and resettling in the homes/shelters from where they have fled out of fear of life. A sum of Rs.3 lakhs per person could be the appropriate level of such assistance;
(d) An additional incentive should be given as temporary employment until cultivation by those who have land is resumed and the landless on return are able to find jobs. For this, a fund of Rupees five Crores should be created urgently either by the State or the Central Government or by both of them jointly. The operation of the fund should be entrusted to a committee consisting of local representatives of affected people, social activists of the area concerned and a qualified officer of the State Government of reasonable seniority.
(e) The State Government should deploy an appropriate number of personnel to liaise with the Gram Pradhans of the affected villages for locating and inviting those displaced to return to their villages. For this, help should be taken of the volunteers of the NGOs active in this area. The FDCA itself will be happy to designate a team for this purpose;
(f) In spite of these measures, the displaced families may not return to their villages so long as justice is not done to them and those directly involved in perpetrating the violence are freely roaming around in the affected villages. It is, therefore, essential that most of those against whom FIRs have been lodged should be arrested without delay and those involved in violence and arrested should not be released without a court order.
(By all accounts, 540 FIRs have been registered in connection with the violence in which 6000 persons have been named. Out of this, only 208 have so far been arrested. This is hardly conducive to restoring confidence and doing justice to the riot affected people).
(g) Immediate steps should be taken to make special arrangements for the education of the displaced children and special examinations should be conducted, if necessary, to ensure that these students do not lose their academic year.
Representations made to the Chief Minister, UP and Mr. Mulayam Singh
FDCA has also sent representations of the above demands and recommendations to Mr. Akhilesh Yadav, the Chief Minister and Mr. Mulayam Singh, the President of the S.P. and has tried to seek appointment but there has no response from the government side. Copies of those representations are enclosed.
