Kairana Fact Finding report
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Introduction
The
Muzaffarnagar riots of 2013 had left around 75000 people displaced from their
homes A 2016 report –Living Apart: Communal Violence and Forced Displacement
in Muzaffarnagar and Shamli– based on detailed ground research, found an
estimated 50,000 still scattered all over Muzaffarnagar, Shamli, and other
districts, of which nearly 30,000 victims were in IDP (internally displaced
people) colonies, never able to return home, dealing with traumas from loss of
lives, homes, histories, schools, friends, livelihoods and neighbours. Of
these, 270 families (approximately 2000 people) settled in Kairana Town.
The NHRC
report on Kairana released on the 21st of
September 2016 has blatantly and without credible proof claimed that a
population of no less than 25000-30000 from the Muzaffarnagar survivors have
settled in Kairana town. This allegation is not just false but seems
politically motivated to polarise communities. The repercussions of such allegations
could be disastrous to efforts of rehabilitation. The report also skews a
biased, non-objective view of the situation in Kairana. In light of this
report, we would once again try to present a more holistic and nuanced view
regarding the Kairana issue where we have covered almost 260 families in the
regions of Kairana and Kandhla.
Allegations of almost 346
Hindu families fleeing Kairana village in Uttar Pradesh out of fear of violence
by the majority Muslim community were made by BJP MP Mr Hukum Singh in early
June this year. There have been since, a resounding of the sentiment, that the
Hindu community in India is at threat. The list of allegations made by Mr Hukum
Singh is as enlisted below:
·
347 Hindu families were
forced to migrate from Kairana and 63 families from Kandhla due to violence and
threats from the majority Muslim community in the village.
·
There are criminal elements
from the Muslim community who target Hindu individuals and are involved in
extortion and other types of violence.
·
The law and order situation
under the present SP government is worsening by the day.
·
Crimes against women,
especially Hindu women and girls are on the rise, the majority of the culprits
being from the Muslim community.
·
The UP government and the
law enforcement agencies are not taking any action against these criminal
elements in Kairana.
·
The Hindu community in
Kairana in under threat.
·
The UP government and the
law enforcement agencies are not taking any action against these criminal
elements in Kairana.
Fact
finding team:
In the light of
developments that took place in Kairana and surrounding the issue, Centre for
Study of Society and Secularism conducted a Fact Finding to bring nuance to the
issue of Kairana and to unearth the truth. The fact finding team comprised of
1.
Akram Akhtar Choudhary ( Afkar India Foundation,
Shamli)
2.
Advocate Deepak Sharma
3.
Advocate Naseem Ahmad
4.
Nadeem and Vishal (Afkar India Foundation,
Shamli)
About
Kairana (Review of Census 2011)
Kairana
is a Tehsil in the district Shamli, Uttar Pradesh, Bordering Harayana which is
spread across 231.67 Km2 in rural
and 7.11 Km2 in Urban. The jurisdiction of Kairana covers
28126 households and a population of 177121 people in rural areas. It also
covers 13952 households with 89000 people in urban. Kairana is located
approximately 100 kilometers from the national capital of Delhi, and about 30
kilometers from the city of Panipat. The population of Kairana is around 2
lakhs, 80.74% of whom belong to the Muslim community. The Hindu community which
comprises 19.26% of the population are numerically dominated by Dalit
populations. There are also Upper castes such as Vaishya, Jain and Brahmin
communities that are in control of most of the material resources and social
capital. Caste however is spread across both religions and the control and
dominance of the upper castes exist is palpable.
Kairana is adjoining the
river Yamuna, leading to fertile lands across the region. However, the land is
concentrated in the hands of influential castes and classes in Kairana, leaving
almost 80% of the population to work in other occupations such as agricultural
labourers, household industrial workers etc. In matters of Industry and
production, the village lags behind which eventually translates into less
working opportunities for the population. Due to the lack of working
opportunities, it can be seen that almost 1 lakh people from the
Kairana-Kangla-Muzaffarnagar belt have shifted to and settled in the nearby
city of Panipat. Apart from the people who have shifted to Panipat, there are
around 5000 people who travel to Panipat on a daily basis in search of
employment and working opportunities. Due to the large influx of labour into
Panipat from the Kairana-Kangla-Muzaffarnagar belt, the industries, especially
the handloom industry has become highly dependent on this work force to keep
the production running. An instance of their dependence was clearly visible
during the Ayodhya (Babri Masjid-Ram Mandir controversy) riots. When the Muslim
workers fled from Panipat during the riots fearing violence, the handloom
industry of Panipat came to a halt.
The realities of Kairana on
lines of caste and religion are not mutually exclusive. The villages
surrounding Kairana are mostly comprised of the Gurjar caste in both Hindus and
Muslims. There is a caste solidarity that people follow on the basis of
belonging to the same “Gotra”. There are however restrictions on inter-dining
and endogamy which are followed by both the Hindu and Muslim Gurjar
communities, they maintain their solidarity to being of the same caste.
Economic
conditions in kairana and Employment
The economic conditions of Kairana can be partly studied by the
census data and also with the findings on the field. Depicted below in the form
of tables is borrowed from the Census of India 2011:
Kairana Rural
Category
|
Total Population
|
Male
|
Female
|
Kairana(Rural)
|
177121
|
94770
|
82351
|
Age 0-6 years
|
32063
|
17296
|
14767
|
SC population
|
9389
|
5055
|
4334
|
ST population
|
66
|
39
|
27
|
Literate (Rural)
|
89019
|
45009
|
5403
|
Total workers
|
50412
|
45009
|
5403
|
Main Workers
|
42549
|
39553
|
2996
|
Cultivators
|
18712
|
18004
|
708
|
Agricultural Labourers (AL)
|
14593
|
13487
|
1106
|
Household Industrial Workers( HIW)
|
726
|
534
|
192
|
Other
|
8518
|
7528
|
990
|
Marginal Workers
|
7863
|
5456
|
2407
|
Cultivators
|
883
|
462
|
421
|
AL
|
4669
|
3327
|
942
|
HIW
|
527
|
172
|
355
|
Other
|
2187
|
1495
|
689
|
Non Workers
|
126707
|
49761
|
76948
|
Kairana Urban
Category
|
Total Population
|
Male
|
Female
|
Kairana (Urban)
|
89000
|
47047
|
41953
|
0-6 years
|
1607
|
8304
|
7770
|
SC population
|
5087
|
2734
|
2353
|
ST Population
|
8
|
5
|
3
|
Literate (Urban Kairana)
|
34441
|
21370
|
13071
|
Total Workers
|
23551
|
22098
|
1453
|
Main Workers
|
21434
|
20308
|
1126
|
Cultivators
|
1751
|
1707
|
44
|
AL
|
4718
|
4480
|
238
|
HIW
|
1076
|
952
|
124
|
Other
|
13889
|
13169
|
720
|
Marginal Workers
|
2117
|
1790
|
327
|
Cultivators
|
42
|
31
|
11
|
AL
|
372
|
283
|
89
|
HIW
|
300
|
246
|
54
|
Other
|
1403
|
1230
|
173
|
Non Workers
|
65449
|
24299
|
40500
|
|
Kairana and kandhla are a both town and Nagarpalika. There is
around 80 thousand population in kairana (rural), 20% of who are Hindus.
Kandhla is inhabited by around 60 thousand people, 15% of which are Hindus.
Both towns are geographically and politically located in the district of
Shamli, western U.P, bordering Haryana. As far as the occupation of the Muslims
in these regions is concerned, large number of Muslims, especially the caste
communities Ansari, Mansuri, Rajput, Dhobi ,Nai and Nilgar work as daily wages
labourers and travel to Panipat, Haryana each day in search of livelihood. The
Muslim Gujjars in the region are involved in cultivation and as agricultural
labourers. The Sheikh and Sayyed communities are involved in small businesses,
and predominantly in the form of textile and garment shops, grocery shops etc.
This finding was discovered by the fact finding team and correlated with the
census data at hand as there is no caste based census data available by the
government. The Hindu community in both the towns belong predominantly to the
Jain, Gupta, Mittal, Goyal, Saini, Gujjar, Jat and kashyap castes and
communities. In Kairana alone, the Jain, Gupta, mittal, Goyal communities have
control and ownership of almost 70% of the economic resources. These castes
control businesses like cement, iron, hardware etc. Jat, Saini, and Gujjar
communities are associated with the agricultural activities in the region. A
similar condition can be seen in Kandhla. As is seen in the census data, there
is also a considerable population of Dalit communities in the region, who are
mostly daily wage labourers. Muslims are in majority but economically Hindus
are more prosperous in both the towns. Muslim and Dalit communities have no
choice of employment in Kairana and Khandla and hence migrate in large scales
to Haryana in search of the same. More than 75% migrant labourers from the
region are Muslims.
Kairana is a Vidhan Sabha
constituency in itself and the town of Kandhla falls under the political jurisdiction
of the Shamli Vidhan Sabha constituency. The Gujjar community hold political
power in the constituency of Kairana, irrespective of the party they represent.
Kandhla however is dominated politically by the Jat community. It can be
conclusively stated that caste plays a very important role in the region in the
issues of political power.
Social
Background of Kairana
Kairana has an interesting social structure and dynamics. As
already mentioned, Kairana is home to both Hindu and Muslim Gurjar communities.
There instances in the village where people belonging to the same family belong
to different religions. The identities of religion and caste of the population
here weigh almost equal in terms of solidarity and unity. There exist practices
such as “hookah” which the Hindu and Muslim Gurjar communities participate in
together. The otherwise strict rules of not inter-dining with people from other
religions are relaxed owing to the fact that they all belong to the same
community.
In matters of religion alone, both the Hindu and Muslim
communities are intertwined in various ways. They share certain spaces and
institutions which have led to these spaces gaining a syncretic character to
them. Places of commerce, though dominated by the Hindu savarna population, are
also home to Muslim street vendors and customers. Though 90% of lawyers are
from savarna Hindu communities, their clientele comprise mostly of the Muslim
communities. Even though there is a difference in religions, many cultural
sacraments remain alike for both the communities.
It would also be interesting to note that savarna Muslims are
given their due recognition by the savarna Hindus, and they join hands in their
oppression of the Valmiki, Khatir and Chamar Dalit communities. There is a
social exclusion of the Dalit communities that can be seen in the town of
Kairana. The Dalit communities are forced to live outside the city limits in a
gated enclosure which are also home to the temples and common areas they have
been allowed access to. The gates of this enclosure are also not open all the
time, and closed at particular times of the day. These rules are synonymous to
the practice of untouchability as this highly restricts the freedom of movement
and access to communities on the basis of their caste.
Political
Background
Kairana is represented as a constituency in the Vidhan Sabha,
while Kandhla is part of the Shamli Vidhan Sabha constituency. In Kairana
constituency, Gujjar communities are extremely strong politically. Irrespective
of their party affiliation (Samajwadi party, Lokdal, Congress, BJP, Bahujan
Samajwadi party), the Gujjar communities have held on to political power. In
Shamli Vidhan Sabha constituency however, the Jat community is dominant with
just a few instances of Gujjar leaders holding power. Caste is one of the major
determining forces in the politics of this region.
The area presently under question for communal tensions has a
history of peaceful coexistence even in the face of adversity. The area was
left untouched by both the communal riots during the partition and also during
the Ayodhya Ram Mandir riots. The area has been oblivious to not just communal
violence, but communal tensions have also been negligible. Kairana, Bagpat and
Muzaffarnagar were once part of the same constituency and are also considered
the stronghold of Ex-Prime Minister Chaudhary Charan Singh. Choudhary Charan
Singh and his wife Gayatri Devi have both been elected representatives of the
constituency in the past. Mr Hukum Singh has also been elected from this constituency
a number of times while representing Congress. Similarly, many Muslim Gurjar
leaders have also represented the constituency in Parliament from Lok Dal and
Samajwadi Party. Mr Hukum Singh is presently the representative of the
constituency from the Bhartiya Janta Party.
There have been speculations that Mr Hukum Singh plans on handing
the reigns of his political career over to his daughter, Mriganka Singh. This
trend has a number of precedents and is not uncommon in our country’s politics.
In the upcoming UP state assembly elections, Mriganka Singh is set to contest
from BJP for representing the Kairana constituency. The issue of Hindu
migrations from Kairana was supposed to be one of the prominent agendas and
issues to be raised during the upcoming elections. The issue escalated from a
discrepancy in one of the booth management surveys which showed a few families
missing. This formed the basis for the allegations made by Mr Hukum Singh later
as is embodied in the list of 346 families that was released by him. People
from the close circles of Mr Hukum Singh have also opined that the scale to
which the issue escalated was not anticipated by him.
The tensions between the communities that have followed the
allegations have however proven to be quite beneficial for some political
parties, and hence cannot be seen a mere co-incidence. The developments in the
issue point to an orchestrated attempt to polarise the voters communally.
In the aftermath of Muzaffarnagar riots in September 2013, there
is a need to inspect carefully the claims that might trigger communal
polarisation. The region of Shamli-Muzaffarnagar-Kairana is still to recover
from the muzaffarnagar riots, with a displaced population of almost 50,000.
Work for the rehabilitation of these survivors is still going on, and the
allegations made by Mr Hukum Singh might have a detrimental effect on the
rehabilitation of survivors.
The fact finding team has found the allegations made by Mr Hukum
Singh baseless and not even close to the realities of Kairana. Despite media
filling the television screens with the Kairana allegations, the differing and
contradictory stands taken by Mr Hukum Singh himself were somehow left out. Mr
Hukum Singh has changed his statement and allegation with time, from alleging a
communally motivated displacement of Hindu families to denying the role of
communal forces in the alleged displacement. The fact finding team plans on
inspecting each of the allegations made and verifying their congruence with
reality. For the same, the team plans to collect primary data through
interviews from the people of Kairana who are stakeholders in the allegations
made. The study and analysis of secondary data in the form of newspaper
articles, government data etc. will also be used. A total of 200 families in
kairana and 63 families in Kandhla were covered during the team’s exploration
of the issues at hand.
What
is the problem? An analysis of Media reports and statements
Recently in the poll bound UP, the BJP raked up the issue of a
mass exodus from Kairana, a small town in Shamli district in UP. According to
MP Hukum Singh “many Hindu families were forced to leave Kairana town in
Western Uttar Pradesh due to ‘threat’ from a particular community”. (PTI, 2016
) Stating the above he released a list of 346 families who had been forced to
flee the town. A day later he added that the 346 Hindu families who had
fled their homes in Kairana town had done so due to “threat and extortion by
criminal elements belonging to a particular community”. (PTI, 2016)He added “It
is not about communal incidents…It is not about Hindus or Muslims, the list may
not be foolproof. This is about law and order.” The MP alleged that “Muslim
gangs” such as the Mukeem Kala and Furhaan gangs were a “menace in western UP
and that “local criminal elements have established their roots in Kairana by
getting political patronage of a particular party”. (PTI, 2016)Step by step the
MP highlighted that the reason for the mass exodus were threats and extortion
by a local Muslim gangster who had political backing from the Samajwadi party
government.
Soon after the list of 346 persons was released BJP party chief
Amit Shah said at a massive rally in Allahabad, that only the BJP can defeat
the Samajwadi Party in Uttar Pradesh and exhorted the state not to take
“Kairana lightly.” (Biswas, 2016). The issue was taken up by number of
Ministers from the BJP party and the cabinet issuing statements in media that the
law and order issue ought to be taken seriously. Home Minister Rajnath Singh,
member of the BJP party called for action by the State government if the
incidents were true. (PTI, Ahmedabad, 2016)Minister of State for Home
Kiren Rijiju spoke of the deteriorating law and order situation in Uttar
Pradesh under the current government. Maneka Gandhi said that there is neither
development nor safety, adding the Samajwadi Party Government has no shame
about the rising crimes in the state. (ANI, 2016) Ministers of the BJP were
indicating that law and order under SP government had deteriorated through
their remarks.
In statements made at election campaigns the BJP leaders have time
and again sought to point out a ‘particular community’ as responsible for
communal riot, terror, hooliganism, and . On the eve of the bypoll in UP in
August 2014, Sangeet Som BJP MLA said that “youth from a particular community
are involved in eve-teasing Hindu girls, the situation was so bad that girls
cannot move out freely.” (Verma, 2014)Similar statements to criminalize ‘a
particular community’ blaming them for starting communal riot were made by Yogi
Adityanath. (Express News Service, 2014)Further, in the by-election campaign in
2016 in Uttar Pradesh, Muslims were equated with hooliganism and terror
emphasizing the need to prevent the migration of Hindus and restore their
honour. (Bhardwaj, 2016) In the same line of rhetoric in Kairana the MP
pointed out that threats and extortion were by criminal elements from a
‘particular community’.
Backed by a political party as the BJP claims, Mukeem Kala the
gangster in Kairana was an extortionist who extorted traders both Hindus and
Muslims motivated by personal gain for huge sums of money. His activity had
caused only three persons from the list of 346 to flee the town. Earlier in
2013 a riot set off by criminal elements and motivated by political gain forced
more than 50,000 people to flee their homes in Muzaffarnagar and Shamli
district in UP.
MP Hukum Singh openly
discarded the communal angle to the mass exodus in his statement, but party
members tried to stir the communal plot while attacking the SP government and
pointing out certain kind of criminals. Sangeet Som BJP MLA had proposed to
take up a Padyatra from Kairana to Kandhla as a response to the mass exodus of
Hindus, which was prevented by MP Singh. A party leader claimed that the
BJP was scouting for other ‘Kairanas’ in the State, where similar migration has
taken place. (Rashid, 2016) The Minister released a second list titled “Kandhla
se palayan karne wale pariwaron ki soochi” – a list of 63 on 14th June. (Express News Service, 2016)
In multiple ways indirectly the party aimed at polarization in
Shamli. The party members have indulged in hate speech propaganda in the
villages of Bijnor, Rajhaar, Badwar in Shamli and Muzaffarnagar districts in
the past (Aaj Tak, 2014) (PTI, 2014) The BJP party President Amit
Shah has been reputed with hate speeches in the region famous for pitting one
community against the other. At Rajhaar village in district of Shamli, the BJP
party President while campaigning for Lok Sabha elections in 2014 referred to
the Muzzaffarnagar violence and addressed the gathering saying, ‘the revenge
for insult will have to be taken’. (India Today, 2014)
Categorically ignoring the exodus of riot victims who fled the
Muzzafarnagar violence in 2013, in Kairana a parallel was drawn to the exodus
of Pandits from the Kashmir valley. To this day 5200 families of internally
displaced people (IDPs) live in 63 relief camps in Shamli and Muzaffarnagar
district. Many IDPs are settled in camps in Kairana. The families fear return
due to the volatility of the political and economic situation back home.
Speaking for the plight of a single community proved the party’s promise of
‘sabka saath sabka vikas’ was far from true.
Investigation and tracking down of names by the Indian Express and
Times of India exposed that people on the list had died and some left looking
for better prospects. (Ranal, 2016) (Vatsa, 2016)By fact some on the list
who were interviewed said that they had left due to tension during the
Muzaffarnagar riots fearing that they will not be able to earn a livelihood in
such an environment. Another investigation by Shamli administration found that
out of the 346 families listed by Mr. Singh the administration probed 119 of
which it found 68 had left Kairana 10-15 years ago for employment, business,
and education of children, health and other services. Several on the list were
dead and some were found still living in Kairana. It was also reported that
some BJP party workers were themselves confused about the names on the
list. (Rai, 2016) A group of Hindu sants submitted a report to the Chief
Minister in which they rejected the exodus. (PTI, 2016)
Migration
of Hindu families from Kairana and Kandhla
The town of Kairana has very few industries and hence job
opportunities. The most affected by the above are the Dalit communities and
other marginalities which do not own land. Sustenance is difficult for people
by doing odd jobs. Low literacy rates in Kairana and lack of technical training
has narrowed the options for these communities. Poverty is also on the rise due
to lack of employment. The only feasible solution in the circumstance is
migration to either Panipat or Shamli. Due to the abundance of employment
opportunities, most of the youth of Kairana from both Muslim and Hindu
communities leave for shamli or Panipat in the morning for daily wage labour.
There is however economic exploitation at the hands of middle men because of
their circumstance. Poverty and unemployment also pushes the people towards
deviance and crime. The upper class of both the communities are complacent with
the situation as it provides them both cheap labour and protection of
privilege. It is also quite sad that all the various parties that exist in U.P
have also not addressed the issue and worked towards providing employment
opportunities in the region. This apathy of the political cadres has led to the
situation in Kairana presently. Basic facilities and infrastructure such as
education, health, employment and electricity are quite precarious in Kairana,
leading to people migrating.
The narratives of communal hatred, violence and tensions cannot be
easily disqualified. Post the muzaffarnagar riots, many Muslim families fled
from their homes. There are many families that were petrified to enter
Muzaffarnagar again, leading them to build temporary settlements outside
muzaffarnagar. It was later by the encouragement of the Government and to
politicians like Mr Munwar Hassan, the present MLA representing Kairana, gave
constructed accommodation for the displaced by donating his 20 Bigha land.
Though the action taken is completely necessary, this led to unforeseen
consequences where due to the influx of a large-scale Muslim population, the
insecurity among the Hindu communities increased. This insecurity is being
cashed upon by political parties and right wing forces. Many Muslim
organisations also centred on the migrant population furthering the
insecurities. The migrant population had a number of unemployed youth and the
education for the children was solely by Madrasas being provided by the Muslim
organisations. The polarisation of communities caused by the Muzaffarnagar
riots has affected Kairana as well. The branding of communities with certain
stereotypes and assigning political affiliations on them has increased. Later,
the political charades that surrounded the incident made the situation worse.
Feigning normalcy at the surface, but infested deeply under. As this has proved
beneficial for the political parties, they want to maintain the status quo of
the situation and not intervene productively.
Muslim
gangs and the law and order situation in kairana
There are many issues of law and order in Kairana, however the
narratives we gathered from the field differ drastically from the allegations
made by Mr Hukum Singh. The situation of law and order seems to be bleak in
Kairana as there is an influence of Upper caste, Upper class, and Mafia on the
law enforcement agencies. There are many anti-social elements which are rampant
in Kairana encouraged by their political patronages. There are numerous cases
against Mukim Kala and the Furkan gang for extortion and violence. Many local
Hindu businessmen have also complained that money is not extorted from Muslim
businessmen. The mention of Dhanugahi, where five businessmen had received
threats from the gangs, also was one of the instances that were mentioned. The
families were provided with security by the police, but when the protection was
removed after 8 month, two of the five people were murdered. During the same
time period, there have also been eleven Muslim individuals who were murdered,
out of which there were three women who were raped before being murdered. There
are many gangs that have political patronage and interestingly these gangs have
members from both the Hindu and Muslim communities.
Many established businessmen in the region who are faring well
economically have accepted the dominance of these anti-social elements for protecting
their interests. The communities in the region have also come together to
demand action against these gangs and organised bandhs, but their demands fell
on deaf ears.
There are also many cases of caste based atrocities in Kairana,
which the local population has alleged, the government to be lethargic towards.
There has been no mobilisation around the issues of caste and caste based
atrocities, which was quite prevalent during the tenure of Mayavati and Bahujan
Samajwadi Party.
Our team also found that a mixed group of criminals consisted of
Hindu and Muslims are active in the area and a separate criminal gang
consisting only of Hindus also exists in the region. Further, there are several
looting and murder cases against these Hindu criminals. Amit from village
khandravli, under the jurisdiction of the police station of kandhla, is the
head of the gang. This gang was booked for extortion and threatening people’s
lives. Secondly, Vipul alias Khooni from Bhabissa also runs criminal gang and
he is also one of the top five most wanted criminals of kandhla police station.
There are two others from Jasala village named Sonu and Rahul in top five most
wanted criminals list, charged with serious offences such as dacoit, murder and
extortion. It is interesting to note that despite the claims made by Mr Hukum
Singh, four out of the five most wanted criminals in the region are Hindus. An
award of Rs 50000 was being offered for any information that led to the arrest
of another criminal in the list by the name Rahul Khattar. He was later shot
and killed by the police after he tried to extort money from Mr Chaman Siddiqui
from Kandhla. The Muqeem gang, which is claimed to be a Muslim gang, has allies
with the Dujana gang in Ghaziabad lead by Anil Dujana. Anil is from Greater
Noida his criminal record is spread over Ghaziyabad, Meerut and Bulandshahar
while also maintaining considerable influence over all of western U.P. He is
renowned criminal in the area. He is accused of several murders, robbery, and
kidnapping cases. He and the members of his gang are at present convicted
and sentenced incarcerated.
The information above has been provided in our interactions and
interviews with the Police departments of the region. The Superintendent of
Police Mr. A.K Jha has categorically stated that the criminal elements in the
region are not communally motivated as Mr Hukum Singh has claimed. In the past
five years, there have been 12 murders registered by the police in Kairana, in
eight of which Hindu individuals are the victims.
The claim of Mr Hukum Singh that the Police are partial in favour
of the Muslim community also seems to be contradictory to the truth. One such
example can be to examine two cases with the same legal complications and the
differing attitudes of the Police in both the cases.
In January 2016, a Hindu
girl and a Muslim boy eloped together from Kandhla. An FIR was registered by
the by the girl’s family against the whole boy’s family claiming that their
daughter has been kidnapped by accused. Three relatives of the boy were
arrested and kept in custody till the till the boy surrendered. The relatives
have complained that they were physically assaulted and harassed in custody.
The girl, after surrendering was sent to Nari Niketan till she appears before
the Magistrate and the family was allowed to see the girl. Politicians from BJP
also visited her during her stay at the Nari Niketan.
In August 2015, a Muslim
girl ran away with a Hindu boy from Daha village. The girl’s father registered
a case against three family members of the boy. The couple was incognito for
almost 25 days, and there was no action taken by the Police with the claim that
the FIR will be lodged only after the girl’s statement. The family members were
also restricted from seeing the girl till she gave her statement in front of
the magistrate under section 164.
These cases are just a glimpse into many other similar instances
which not just dismantle the allegation of partiality in favour of Muslims, but
point towards islamophobia attitudes of the police. Another such example can be
seen in one of the cases our team studied:
Out of the members of Amit
gang from Khandravli, five individuals were accused of extortion and demanding
ransom. They caught by the police on the spot and a FIR was filed against the
five but only two of the accused were arrested the rest three were given
relief. This happened with the intervention of many influential Gujjar leaders
from the region who facilitated a compromise between the accused and the
aggrieved. While on the other hand, cases against Muslim individuals was
registered, accused of random firing (gunshots into the air) as a mark of
celebration on winning the panchayat elections. Four individuals were named in
the charged in the case, but several people were kept under police custody for
a long time. Despite the fact that the accused have applied for bail, they have
been denied their right to do so. In such case five other Muslim boys from
khandravli have been booked by police station Kandhla and Kairana.
The allegations of Mr Hukum singh on the increasing crimes on
Hindu women by Muslim perpetrators is also to be considered. This allegation
comes also in the context of the “Love Jihad” that had surfaced around 3 years
ago. In this regard, our team visited the Vijay Pathik Degree College, Kairana
to investigate. The college consists of 50% Muslim students and the management
has informed us that there have been no cases of eve teasing, kidnapping or
sexual assault registered from anywhere near Kairana.
For a more in-depth
analysis of the allegation, we could inspect one case in particular that was
cited time and again by Mr Hukum Singh in this regard. The details of the case
as our team explored and analysed is as below:
A married woman was
kidnapped from Sunehti village and murdered by four individuals, two of whom
were Hindu. Hukam singh organised a press conference in support of the two
Hindu accused in the murder of the kashyap lady from sunehti village. The list
of 376 families had already been released by the time this allegation was added
to the previous set. S.P. Shamli said in his report that Hukam Singh is making
false allegations on police as they have investigated all the relevant facts
and evidence in regard to the two kashyap boys and found them equally guilty in
the murder. The lady murdered belonged to kashyap community, which contributes
as one of the major vote banks for Mr Hukum Singh.
Our team has found that the issue was used as a method of
polarising the Kashyap community communally. The community has more than 30000
votes in kairana Vidhan sabha constituency. These attempts at polarisation seem
to be a tactic to gain unequivocal support of the Kashyap community.
Conclusion
In the findings of team, we can conclusively state that the exodus
of 347 Hindu families from kairana and 63 Hindu families from Kandhla due to
communal forces targeting Hindu population by Mr Hukum Singh is baseless and
false. There are evidences to suggest that the allegations that were made by
the said politician were with the intention to polarise communities on communal
lines to his benefit in the upcoming UP state elections.
The claims of Muslim criminal gangs are also quite contrary to
reality as there are criminal elements present from both religions in the area
which points more towards a need for the law and order situation rather than
hinting at communal tensions. The selective targeting of any community by
criminal elements, either Hindu or Muslim, is non-existent as is substantiated
by the various case studies presented in the report.
There are however issues in Kairana-Kandhla-Muzaffarnagar region
that needs to be addressed. The lack of employment and working opportunities in
the area have led to the migration of a more than 1 lakh people from the region
to cities such as Panipat, Sonipat etc. The resources of the region are
concentrated in the hands of a few powerful castes and the economic and social
upliftment of the marginalised castes in the region and Dalits has to be addressed
by the political cadres.
Recommendations:
· The use of employment
guarantee programmes and other schemes of the government to build the skill set
of the working population in kairana.
·
Attempts at communalising
areas which are already sensitive should be taken strict and swift action
against under section 153(A) and section 295 (A).
·
The judiciary and law
enforcement agencies should be directed to be impartial in the disposition of
their duties and to adhere to constitutional values.
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