2002 Gujarat violence
Encyclopedia
The 2002 Gujarat violence describes the Godhra train burning
Godhra Train Burning
The Godhra train burning was an incident in which a sleeper coach on a passenger train was set on fire in 2002 by Muslims in Godhra, Gujarat, India in a conspiracy...

 and resulting communal
Communalism (South Asia)
This article deals with the use of the word communalism in South Asia, as a name for a force separating different communities based on some form of social or sectarian discrimination...

 riot
Riot
A riot is a form of civil disorder characterized often by what is thought of as disorganized groups lashing out in a sudden and intense rash of violence against authority, property or people. While individuals may attempt to lead or control a riot, riots are thought to be typically chaotic and...

s between Hindus and Muslims. On 27 February 2002 at Godhra City
Godhra
Godhra is a town and originally the name came from "Gou" which means "Cow" and "Dhara" which has two meanings: one in Sanskrit which means "Hold or Land" and the other in Hindi which means Flow. So, identically it means The Land of the Cow, a municipality in Panchmahal district in Indian state of...

 in the state of Gujarat, the Sabarmati Express
Sabarmati Express
The Sabarmati Express is a train which connects the city of Ahmedabad, India to cities in the northern states of Uttar Pradesh and Bihar. The train may take up to two days to complete the journey...

 train was attacked by a large Muslim mob in a conspiracy. But some authentic sources deny the claim that there was a conspiracy. As a result, 58 Hindu pilgrims, mostly women and children of ladies compartment returning from Ayodhya, were killed. The attack prompted retaliatory massacres against Muslims and communal riots on a large scale, in which 790 Muslims and 254 Hindus were killed and 223 more people were reported missing. 523 places of worship were damaged: 298 dargahs, 205 mosques, 17 temples, and 3 churches. Muslim-owned businesses suffered the bulk of the damage. 61,000 Muslims and 10,000 Hindus fled their homes. Preventive arrests of 17,947 Hindus and 3,616 Muslims were made. In total 27,901 Hindus and 7,651 Muslims were arrested. Nearly 10,000 rounds of bullets were fired in police shootings that killed 93 Muslims and 77 Hindus.

The nature of the events remains politically controversial in India. Some commentators have characterized the massacres of Muslims as a genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...

 in which the state was complicit, while some government sources have countered that the Muslim dead were victims of mere "riots" or "disturbances".

Godhra train burning, investigations and judgements

On 27 February 2002, 58 Hindus including 25 women and 15 children, activists of the Vishva Hindu Parishad
Vishva Hindu Parishad
' , which is usually known more simply as the VHP, is an international Hindu organization, which was founded in India in 1964. Its slogan is "धर्मो रक्षति रक्षितः Dharmo rakṣati rakṣitaḥ", which is supposed to mean "Dharma protects its protector"...

 and other Hindu pilgrims (Kar Sevaks) returning by the Sabarmathi express train from Ayodhya, were burnt alive in a railway coach by a large Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...

 mob in a conspiracy.

Initial media reports blamed the local Muslims for setting the coach on fire,. The New Nanavati Report states that the Attack on the "Kar Sevaks" on the train from Ayodhya was pre-planned, and exonerates Chief Minister Narendra Modi. A previous report on the Godhra train burning, filed by Justice Banerjee, a more recent report filed by Justice Nanavati states that it was "pre-planned" by the mob. The Gujarat High Court ruling, as of 2006, has declared as illegal and unconstitutional, setting up of the Umesh Chandra Banerjee committee, which had concluded the fire started by accident. Gujarat High Court quashed the conclusions of the Banerjee Committee and declared its formation as a “colourful exercise,” “illegal, unconstitutional, null and void,” and its argument of accidental fire “opposed to the prima facie accepted facts on record.". According to the Jamiat Ulama-i-Hind, "most Congress corporators" "and some Congress leaders of Gujarat had actively participated in last year's riots". The majority of the media and party remained silent over the issue Congress role in the riot

However, in September 2008 the Godhra Commission confirmed that there was an attack by a mob. Going further, the report claims that one Hassan Lalu had thrown burning objects into the train and 140 litres of petrol had been used to set the train on fire, adding that stones were thrown at passengers to stop them from fleeing.

Nine years after the Godhra train went up in flames the court on 22 Feb 2011 pronounced its judgement. Additional Session Judge delivered the verdict and convicted 31 people and acquitted 63.
The bodies of those killed in the train were brought to Ahmedabad, where a procession was held, a move seen as a major provocation for the ensuing communal violence. The VHP issued a call for a state-wide strike on 28 February 2002, which was supported by the BJP. In February 2011, the findings of the Nanavati-Mehta commission were upheld in court, and the Godhra train burning was called a "pre-planned conspiracy". 31 people were convicted of setting fire to the train and "roasting alive 59 helpless kar sevaks." of which 11 were sentenced to death and 20 to life sentences.

Post Godhra violence

Tension gripped parts of Gujarat state while examinations all over the state were canceled. The Vishwa Hindu Parishad has called for a statewide bandh to protest burning of Godhra train burning. Fearing communal clashes the administration imposed a curfew in several areas. Rapid Action Force were deployed in Godhra's sensitive area and around Godhra station. On March 1 the Indian government dispatched around 1,000 paramilitary personnel to Gujarat and asked the army to be on standby to maintain law and order in the state. The Army began flag marches in the worst-affected areas and shoot-at-sight orders were issued in 34 curfew-bound cities and towns in Gujarat.

151 towns and 993 villages in fifteen to sixteen of the state's 25 districts were affected by the post-Godhra violence, which was particularly severe in about five or six districts. The violence raged largely between 28 February and 3 March, and after a drop, restarted on 15 March, continuing till mid June. Northern and central Gujarat, as well as the north-eastern tribal belt which are closer to Godhra City, were the worst affected while Saurashtra and Kutch remained largely peaceful.

Attacks on Muslims

Attacks by large Hindu mobs began in the districts of Ahmedabad, Vadodara, Saberkantha and, for the first time in its history, Gandhinagar on 28 February. Violence spread to the largely rural districts of Panchmahals, Mehsana, Kheda, Junagadh, Banaskantha, Patan, Anand and Narmada the next day. Over the next two days, Bharuch and Rajkot and later Surat were hit.

The first incidents of attacks on the Muslim community started at Ahmedabad, where Hindus began throwing stones at and later burned a Muslim housing complex known as Gulburg Society, and then spread elsewhere. The initial violence was believed to be instigated by unsubstantiated rumours, endorsed by a senior VHP leader, of Muslims having kidnapped three Hindu girls during the Godhra train attack.

In Ahmedabad, the dargah
Dargah
A Dargah is a Sufi shrine built over the grave of a revered religious figure, often a Sufi saint. Local Muslims visit the shrine known as . Dargahs are often associated with Sufi meeting rooms and hostels, known as khanqah...

 of the Sufi saint-poet Wali Gujarati in Shahibaug and the 16th century Gumte Masjid mosque in Isanpur were destroyed. The Muhafiz Khan Masjid at Gheekanta was ransacked. Police records list 298 dargahs, 205 mosques, 17 temples and three churches as damaged in the months of March and April.

Attacks on Hindus

Attacks on Hindus by Muslim mobs in Danilimda, Modasa, Himmatnagar, Bharuch, Sindhi Market, Bhanderi Pole, and other localities in the city of Ahmedabad
Ahmedabad
Ahmedabad also known as Karnavati is the largest city in Gujarat, India. It is the former capital of Gujarat and is also the judicial capital of Gujarat as the Gujarat High Court has its seat in Ahmedabad...

 in Gujarat were perpetrated by Muslim mobs. There was a significant loss of property.
Late in March, more than one thousand Hindus in Dariyapur and Kalupur, including 550 dalits, fled their homes to stay in makeshift shelters after being attacked by Muslims mobs.
According to the HRW report, over ten thousand Hindus were made homeless.

Several Hindu residential areas, including Mahajan No Vaado, a fortified enclave in Muslim dominated Jamalpur, were targeted following calls for retaliation.

In the morning the mosques began announcing that Islam was in danger, that there was poison in the milk. This was used as a code word. The milk was meant to be Muslims & poison meant Hindus. The rioting lasted between 2:15 p.m. and 5:30 p.m.


Residents were unable to go to work, fearing attacks. A Hindu temple in the area was destroyed. In Himmatnagar, a young man was killed when he went to a Muslim enclave on business.

Toll

According to an official estimate, 1044 people were killed in the violence—790 Muslims and 254 Hindus including those killed in the Godhra train fire. Another 223 people were reported missing, 2,548 injured, 919 women widowed and 606 children orphaned.

Unofficial estimates put the death toll closer to 5000, with Muslims forming a very much higher proportion of those killed with a few dozen Hindus

When missing people were declared dead after 7 years, total deaths went up from 1044 to 1,267.

Security failure

By the evening of 28 February, curfews were imposed in twenty seven towns and cities. By 25 March, thirty five towns were under curfew. Police records show 21,563 preventive arrests were made by the end of April (17,947 of the arrested were listed as Hindus and 3,616 as Muslims) as well as 13,989 substantive arrests (9,954 Hindus and 4,035 Muslims).

The New York Times Celia Dugger reported that witnesses were "dismayed by the lack of intervention from local police", who often "watched the events taking place and took no action against the attacks on Muslims and their property".
Human Rights Watch reported that in some cases members of the state police force led rioting mobs, "aiming and firing at every Muslim who got in the way", or instead of offering assistance "led the victims directly into the hands of their killers." Calls for assistance to the police, fire brigades, and even ambulance services generally proved futile.

By the end of April, police recorded 170 people as killed in police firing, of whom 93 were Muslims and 77 were Hindus.

Hindu residents of Mahajan No Vaado, part of the Muslim dominated area of Jamalpur, told HRW that on 1 March, the police ignored phone calls and left them fend for themselves when a Muslim mob attacked. Numerous calls by Hindus throughout the riots were reportedly ignored by the police.

One thousand army troops were flown in by the evening of 1 March to restore order. Intelligence officials alleged that the deployment was deliberately delayed by the state and central governments. On 3 May, former Punjab police chief K P S Gill
Kanwar Pal Singh Gill
Kanwar Pal Singh Gill served twice as Director General of Police Punjab, where he is credited with having brought the Punjab insurgency under control, and while the BBC reports that many see Gill as a hero, there are accusations that Gill and the forces under his command were responsible for...

 was appointed as security adviser to the Chief Minister.

The Gujarat government transferred several senior police officers who had taken active measures to contain and investigate violent attacks to administrative positions.

RB Sreekumar, who served as Gujarat's intelligence chief during the riots, alleged that the state government issued "unconstitutional directives", with officials asking him to kill Muslims involved in rioting or disrupting a Hindu religious event. The Gujarat government denied the allegations, calling them "baseless" and instigated out of malice because Mr. Sreekumar was not promoted.

Defending the Modi administration in the Rajya Sabha against charges of genocide, BJP spokesman V K Malhotra said that the official toll of 254 Hindus, killed mostly in police firing, indicates how the state authorities took effective steps to curb the violence. BJP MP and journalist Balbir Punj
Balbir Punj
Balbir Punj is a journalist and columnist from India. He is a member of the Rajya Sabha representing the Bharatiya Janata Party .-Early career:...

 disputed allegations of bias against Muslims by the BJP-run state government, pointing out that the majority of those arrested during and after the riots were Hindus.

An unidentified pamphlet circulated to journalists in Gujarat in 2007 labelled Modi's government as anti-Hindu
Anti-Hindu
Anti-Hindu prejudice is a negative perception or religious intolerance against the practice and practitioners of Hinduism. Anti-Hindu sentiments have been expressed by Muslims in Pakistan, Bangladesh, leading to significant persecution of Hindus in those regions, such as the 1971 Bangladesh...

 for arresting Vishwa Hindu Parishad (VHP) workers and Hindu activists involved in the riots.

Role of government and police

The Gujarat state government was reprimanded immediately for failing to prevent the riots, but then increasingly for actively fomenting and participating in it, which was a far more serious charge. Critiques came repeatedly from the Supreme Court, and the upper house
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...

 of the Indian parliament unanimously passed a resolution calling for federal intervention in Gujarat; a similar censure motion in the lower
Lok Sabha
The Lok Sabha or House of the People is the lower house of the Parliament of India. Members of the Lok Sabha are elected by direct election under universal adult suffrage. As of 2009, there have been fifteen Lok Sabhas elected by the people of India...

 house was defeated by about 100 votes.

The United States Department of State
United States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...

 in its International Religious Freedom Report 2003 commented on the episode, based on a report by USCIRF:
In April 2002, retired supreme court justices V. R. Krishna Iyer
V. R. Krishna Iyer
Vaidyanathapura Rama Krishna Iyer , popularly known as Justice V. R. Krishna Iyer, is a former judge in the Supreme Court of India. He was born in a village in Malabar region of Kerala...

 and P. B. Sawant
P. B. Sawant
P. B. Sawant is a former Supreme Court judge in India.After doing his law degree from Bombay University, Sawant started practise as an advocate at the Bombay High Court and Supreme Court of India. In 1973 he was appointed Judge of the Bombay High Court; among his notable acts was an inquiry on...

 headed a citizen's panel to investigate the riots. Their report includes testimony of the then Gujarat Bharatiya Janata Party
Bharatiya Janata Party
The Bharatiya Janata Party ,; translation: Indian People's Party) is one of the two major political parties in India, the other being the Indian National Congress. Established in 1980, it is India's second largest political party in terms of representation in the parliament...

 (BJP) minister Haren Pandya
Haren Pandya
Haren Pandya was the Home Minister of the Gujarat State in India. He was murdered in 2003 in Ahmedabad, Gujarat, when he was sitting in his car after a morning walk in the Law Garden area in ahmedabad.-Political career:...

 (since murdered), who testified about an evening meeting convened by Narendra Modi
Narendra Modi
Narendra Damodardas Modi is the current Chief Minister of the Indian state of Gujarat.He was born in a middle class family in Vadnagar; and is a member of Rashtriya Swayamsevak Sangh since childhood, as also an active politician since early in life. He holds a masters degree in political...

 the evening of the Godhra train burning
Godhra Train Burning
The Godhra train burning was an incident in which a sleeper coach on a passenger train was set on fire in 2002 by Muslims in Godhra, Gujarat, India in a conspiracy...

. At this meeting, officials were instructed not to obstruct the Hindu rage following the incident. The report also highlighted a second meeting, held in Lunawada village of Panchmahal district
Panchmahal district
Panchmahal, also Panch Mahals, is a district in the western India, in the eastern portion of Gujarat State. Panch-mahal means "five tehsils/talukas" , and refers to the five sub-divisions namely - Godhra, Dahod, Halol, Kalol and Jhalod that were transferred by the Maharaja Sindia of Gwalior to the...

, attended by state ministers Ashok Bhatt, and Prabhatsinh Chauhan, and other BJP and RSS leaders, where "detailed plans were made on the use of kerosene and petrol for arson and other methods of killing."

In 2003, A comment by G.T. Nanavati, who leads the official commission investigating the riots, that part of the evidence collected and reviewed till then did not indicate any serious lapse on the part of the government or police in Gujarat was criticised as inappropriate by aid and reconciliation activists and other jurists.

Organizations such as Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

 criticized the Indian government
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

 for failure to address the resulting humanitarian condition of people, the "overwhelming majority of them Muslim," who fled their homes for relief camps in the aftermath of the events; as well as the Gujarat state administration for engaging in a cover-up of the state's role in the massacres. Many of the investigations and prosecution of those accused of violence during the riots have been opened for reinvestigation and prosecution. The large-scale civil unrest has been generally been described as riots or inter-communal clashes.

In response to allegations of state involvement, Gujarat government spokesman, Bharat Pandya, told the BBC that the rioting was a spontaneous Hindu backlash fuelled by widespread anger against Muslims. He said "Hindus are frustrated over the role of Muslims in the on-going violence in Indian-administered Kashmir and other parts of India".

The US Ambassador at Large for International Religious Freedom, John Hanford
John Hanford
John Van Hanford III was United States Ambassador-at-Large for International Religious Freedom from 2002 to 2009. As ambassador, Hanford led the Office of International Religious Freedom at the United States Department of State....

, expressing concern over religious intolerance in Indian politics, said that while the rioters may have been aided by state and local officials, he did not believe that the BJP-led central government was involved in inciting the riots.

At the same time, about two hundred policemen lost their lives trying to control the violence in Gujarat.

Criminal prosecutions

The Indian Supreme Court has been strongly critical of the state government's investigation and prosecution of those accused of violence during the riots, directing police to review about 2,000 of the 4,000 riot related cases that had been closed citing lack of evidence or leads. Following this direction, police identified nearly 1,600 cases for reinvestigation, arrested 640 accused and launched investigations against 40 police officers for their failures.

Human Rights Watch
Human Rights Watch
Human Rights Watch is an international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City and it has offices in Berlin, Beirut, Brussels, Chicago, Geneva, Johannesburg, London, Los Angeles, Moscow, Paris, San Francisco, Tokyo,...

 alleges that state and law enforcement officials harass and intimidate key witnesses, NGOs, social activists and lawyers who are fighting to seek justice for riot victims.

In its 2003 annual report, Amnesty International says, "the same police force that was accused of colluding with the attackers was put in charge of the investigations into the massacres, undermining the process of delivery of justice to the victims."

The Best Bakery murder trial
Best Bakery case
The Best Bakery case was a legal case involving the burning down of the Best Bakery in Vadodara, India, on March 1, 2002...

 received wide attention after witnesses retracted testimony in court and all accused were acquitted. The Indian Supreme Court
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...

, acting on a petition by social activist Teesta Setalvad
Teesta Setalvad
Teesta Setalvad is a journalist and educationist. She is granddaughter of India's first Attorney General M. C. Setalvad-Personal life:She graduated with a degree in Philosophy from Bombay University in 1983 and started work as a journalist. She reported for the Mumbai editions of The Daily and The...

, ordered a retrial outside Gujarat in which nine accused were found guilty in 2006. A key witness, Zaheera Sheikh
Zaheera Sheikh
Zaheera Sheikh , aka Zahira Sheikh, is the key witness in India's Best Bakery case. She is the daughter of the owner of the bakery involved in the Best Bakery case....

, who repeatedly changed her testimony during the trials and the petition was found guilty of perjury
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...

.

After a local court dismissed the case against her assailants, Bilkis Bano approached the National Human Rights Commission and petitioned the Supreme Court seeking a retrial. The Supreme Court granted the motion, directing the Central Bureau of Investigation to take over the investigation, transferring the case out of Gujarat and directing the central government to appoint the public prosecutor. Charges were filed in a Mumbai court against nineteen people as well as six police officials and a government doctor over their role in the initial investigations. In January 2008, eleven men were sentenced to life imprisonment for the rape and murders and a policeman was convicted of falsifying evidence.

In 2005, the Vadodara fast track court acquitted 108 people accused of murdering two youths, during a mob attack on a group of displaced Muslims returning under police escort to their homes in Avdhootnagar. The court passed strictures against the police for failing to protect the people under their escort and failing to identify the attackers they had witnessed.

Nine people were convicted of killing a Hindu man and injuring another during group clashes in Danilimda, Ahmedabad on 12 April, while 25 others were acquitted.

Eight people, including a VHP leader and a member of the BJP, were convicted for the murder of seven members of a family and the rape of two minor girls in the village of Eral in Panchmahal district.

Fifty two people from Pavagadh and Dhikva villages in Panchmahal district were acquitted of rioting charges for lack of evidence.

A stringent anti-terror law, the POTA
POTA
POTA may refer to:*Port of the Americas *Prevention of Terrorist Activities Act*Planet of the Apes *Prevention of Terrorist Act, India...

, was used by the Gujarat government to charge 131 people in connection to the Godhra train fire, but not invoked in prosecuting any of the accused in the post-Godhra riots. In 2005 the POTA Review Committee set up by central government to review the application of the law opined that the Godhra accused should not be tried under the provisions of POTA.

On 9 November 2011, a court in Ahmedabad
Ahmedabad
Ahmedabad also known as Karnavati is the largest city in Gujarat, India. It is the former capital of Gujarat and is also the judicial capital of Gujarat as the Gujarat High Court has its seat in Ahmedabad...

 sentenced sentenced 31 Hindus to life imprisonment for murdering dozens of Muslims, by burning a building in which they took shelter. 41 other Hindus were acquitted of murder charges due to lack of evidence.

Shah-Nanavati commission

On 6 March, the Gujarat government set up a commission of enquiry headed by retired High Court judge K.G. Shah to enquire into the Godhra train burning and the subsequent violence and submit a report in three months. Following criticism from victims' organisations, activists and political parties over Shah's alleged proximity to the BJP, on 22 May, the government reconstituted the commission, appointing retired Supreme Court Justice G.T. Nanavati to lead the commission.
In 2008, the Nanavati commission
Nanavati commission
The Justice G.T. Nanavati commission was established by the Indian Government in 2000 to investigate the 1984 Anti-Sikh riots.-Creation:The commission was appointed by the National Democratic Alliance government on 8 May 2000 to look into certain matters emanating from the 1984 Anti-Sikh riots....

 came out largely in favour of the Gujarat government's aspect. Nanavati's evidence hinged on the acquisition of 140 litres of petrol hours before the arrival of the train and the storage of the said petrol at the alleged key conspirator's, Razzak Kurkur, guest house. This was further corroborated by forensic evidence showing fuel was poured on the train compartment before being burnt. The alleged mastermind was said to be the cleric Maulvi Husain Haji Ibrahim Umarji and a dismissed Central Reserve Police Force
Central Reserve Police Force
The Central Reserve Police Force also known as CRPF is the largest of India's Central Armed Police Forces. It functions under the aegis of Ministry of Home Affairs of the Government of India. The CRPF's primary role lies in assisting the State/Union Territories in police operations to maintain...

 officer named Nanumiyan, from Assam, who had instigated the Muslim crowds. Furthermore, two Kashmiris, Gulamnabi and Ali Mohammed, were in the same guesthouse for a fortnight prior to the event speaking about the Kashmir liberation movement.

The Communist Party of India (Marxist)
Communist Party of India (Marxist)
The Communist Party of India is a political party in India. It has a strong presence in the states of Kerala, West Bengal and Tripura. As of 2011, CPI is leading the state government in Tripura. It leads the Left Front coalition of leftist parties in various states and the national parliament of...

 and the Indian National Congress
Indian National Congress
The Indian National Congress is one of the two major political parties in India, the other being the Bharatiya Janata Party. It is the largest and one of the oldest democratic political parties in the world. The party's modern liberal platform is largely considered center-left in the Indian...

 party both came out railing against the exoneration of the Gujarat government by the commission citing the timing of the report (with general elections months away) as evident of unfairness. Congress spokesperson Veerappa Moily
Veerappa Moily
Moodbidri Veerappa Moily is the current Minister of Corporate Affairs in the Indian government. Moily was elected as MP of the Chickballapur district by a wide margin in 2009. He currently serves as the All India Congress Committee General Secretary in charge of Andhra Pradesh...

 commented at the strange absolvement of the Gujarat government for complacency for the carnage. He also said the report reinforced communal prejudices.

National Human Rights Commission

In its Proceedings of 1 April 2002, the Commission had set out its Preliminary Comments and Recommendations on the situation and sent a Confidential Report of the team of the Commission that visited Gujarat from 19–22 March 2002 to Gujarat government and Central Home Ministry. The Gujarat government in its reply did not provide its response to the Confidential report. Therefore, the Commission was compelled to release the confidential report in its entirety and observed that nothing in the reports received in response "rebuts the presumption that the Modi administration failed in its duty to protect the rights of the people of Gujarat" by not exercising its jurisdiction over non-state players that may cause or facilitate the violation of human rights.

It further observed that "the violence in the State, which was initially claimed to have been brought under control in seventy two hours, persisted in varying degree for over two months, the toll in death and destruction rising with the passage of time despite the measures reportedly taken by the State Government".

The report claims failure of intelligence, failure to take appropriate action, patterns of arrests, uneven handling of major cases, and "Distorted FIRs: ‘extraneous influences’, issue of transparency and integrity" as key factors in the incident(s).

Banerjee Committee

In September 2004, a panel appointed by the central government and headed by former Supreme Court judge UC Banerjee to probe the Godhra train fire concluded that the fire was accidental. Its findings were challenged by the BJP and the Gujarat inspector-general of police. In October 2006, the Gujarat High Court ruled that the panel was set up illegally, in violation of the Commissions of Inquiry Act, 1952 which prohibits the setting up of separate commissions by state and central governments to probe a matter of public importance.

Concerned Citizens Tribunal

The citizen tribunal headed by retired Supreme Court justice Krishna Iyer collected evidence and testimony from more than 2000 riot victims, witnesses and others. In its report, the tribunal accuses the state government and chief minister Modi of complicity in the violence. While Krishna Iyer was nominally part of this tribunal, he made it clear in the preface of the report that his involvement was very limited.

Aftermath

Opposition parties as well as three coalition partners of the BJP-led central government demanded the dismissal of Gujarat Chief Minister Narendra Modi
Narendra Modi
Narendra Damodardas Modi is the current Chief Minister of the Indian state of Gujarat.He was born in a middle class family in Vadnagar; and is a member of Rashtriya Swayamsevak Sangh since childhood, as also an active politician since early in life. He holds a masters degree in political...

 for failing to contain the violence, with some calling for the removal of Union Home Minister L K Advani as well.

On 18 July, Chief Minister Narendra Modi asked the Governor of Gujarat to dissolve the state assembly and call fresh elections. The Indian Election Commission ruled out early elections, citing the prevailing law and order situation, a decision the union government unsuccessfully appealed against in the Supreme Court.

In August 2002 a plot by Lashkar-e-Toiba
Lashkar-e-Toiba
Lashkar-e-Taiba – also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba, Lashkar-i-Taiba, Lashkar Taiba or LeT – is one of the largest and most active militant Islamist terrorist organizations in South Asia, operating mainly from Pakistan.It was founded by Hafiz Muhammad...

 to assassinate Narendra Modi
Narendra Modi
Narendra Damodardas Modi is the current Chief Minister of the Indian state of Gujarat.He was born in a middle class family in Vadnagar; and is a member of Rashtriya Swayamsevak Sangh since childhood, as also an active politician since early in life. He holds a masters degree in political...

, Praveen Togadia
Praveen Togadia
Praveen Togadia is the International General Secretary of the Vishva Hindu Parishad , Hindu religious organization. A 'Cancer Surgeon' by profession, he was appointed chief instructor of an RSS officers training camp in 1979 at the age 22....

, and other Sangh Parivar
Sangh Parivar
The Sangh Parivar refers to the family of organisations of Hindu nationalists which have been started by members of the Rashtriya Swayamsevak Sangh or are inspired by its ideas. The Sangh Parivar represents the Hindu nationalist movement. It includes the RSS and several dozen smaller...

 leaders was unearthed by Indian police. The terrorists were planning to set up a base in Gujarat and were trying to lure some of the riot-hit people into taking up "so-called jihadi activities" Delhi Police Special Commissioner (Intelligence) K K Paul said.

In September 2002, at least 29 people were killed when Islamic fundamentalist gunmen engaged in the Akshardham Temple attack
Akshardham Temple attack
The Akshardham Temple attack or Akshardham Temple siege occurred on September 25, 2002 when two heavily armed terrorists arrived at the Akshardham Monument in Gandhinagar, the capital of Western Gujarat state in India at around 1630 hrs local time. They scaled the perimeter fence and opened fire,...

 in the city of Gandhinagar in Gujarat. The Pakistani Inter-Services Intelligence
Inter-Services Intelligence
The Directorate for Inter-Services Intelligence , is Pakistan's premier intelligence agency, responsible for providing critical national security intelligence assessment to the Government of Pakistan...

 and Islamic terrorist group Lashkar-e-Toiba
Lashkar-e-Toiba
Lashkar-e-Taiba – also transliterated as Lashkar-i-Tayyaba, Lashkar-e-Tayyaba, Lashkar-e-Tayyiba, Lashkar-i-Taiba, Lashkar Taiba or LeT – is one of the largest and most active militant Islamist terrorist organizations in South Asia, operating mainly from Pakistan.It was founded by Hafiz Muhammad...

 were accused of supporting the terrorists.

Elections were held in December and Modi was returned to power in a landslide victory.

Emails made public by the perpetrators of a series of bombings in western India in July 2008 indicated that those attacks were "the revenge of Gujarat".

Relief efforts

Amnesty International's annual report on India in 2003 claimed the "Gujarat government did not actively fulfill its duty to provide appropriate relief and rehabilitation to the survivors".

The state government initially offered compensation payments of 200,000 rupees to the families of those who died in the Godhra train fire and 100,000 rupees to the families of those who died in the subsequent riots, which local Muslims described as discriminatory. Subsequently, the government set the compensation amount at 150,000 rupees.

By 27 March, nearly 100,000 displaced people moved into 101 relief camps. This swelled to over 150,000 in 104 camps the next two weeks. The camps were run by community groups and NGOs, with the government committing to provide amenities and supplementary services. Drinking water, medical help, clothing and blankets were in short supply at the camps. At least another 100 camps were denied government support, according to a camp organiser. and relief supplies were prevented from reaching the camps over fears that they may be carrying arms.

Relief camp organisers alleged that the state government was coercing refugees to leave relief camps, with 25,000 people made to leave eighteen camps that were shut down. Following government assurances that camps would not be shut down, the Gujarat High Court bench ordered that camp organisers be given a supervisory role to ensure that the assurances were met.

On 23 May 2008, the Union Government
Government of India
The Government of India, officially known as the Union Government, and also known as the Central Government, was established by the Constitution of India, and is the governing authority of the union of 28 states and seven union territories, collectively called the Republic of India...

 announced a 320 crore
Crore
A crore is a unit in the Indian number system equal to ten million , or 100 lakhs. It is widely used in India, Bangladesh, Nepal, and Pakistan....

 rupee (US $ 80 million) relief package for the victims of the riots.

Media coverage

Covering the first major communal riots following in the advent of satellite television to India, television news channels set a precedent by identifying the community of those involved in the violence, breaking a long-standing practice.

Critical reporting on the Gujarat government's handling of the situation helped bring about the Indian government's intervention in controlling the violence. The Gujarat government banned television news channels critical of the government's response. STAR News
STAR News
STAR News is the Hindi language news channel of STAR TV based in Mumbai. The channel is a co-production of STAR Group and ABP Pvt. Ltd...

, Zee News
Zee News
Zee News, the news and current affairs channel, is the oldest channel of Zee News Ltd, founded in 1992. It was the first 24-hour Hindi current affairs and news channel in India. In spite of being the only pay channel in its genre, it maintains its position among the top three Hindi news channels in...

, Aaj Tak
Aaj Tak
Aaj Tak is a 24-hour Hindi news television channel owned by TV Today Network Ltd. Aaj Tak loosely translates as "Till Today" or "Up to the Minute". Watched by some 45 million viewers in India’s cable and satellite universe, Aaj Tak is one of India’s largest privately owned news channels...

, CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...

 and local stations were blocked.

The Editorial Guild of India rejected the charge that graphic news coverage aggravated the situation, saying that the coverage exposed the "horrors" of the riots as well as the "supine if not complicit" attitude of the state, helping propel remedial action. The team also faulted Gujarati language papers Gujarat Samachar and the pro-Hindutva Sandesh of distorted and provocative reporting.

The Godhra fire received extensive news coverage until it was overtaken by the subsequent violence and the presentation of the Union budget. Television and newspaper reports, particularly local Gujarati language media, carried graphic and at times sensationalised images and accounts of the Godhra train fire.
S Gurumurthy, Arvind Lavakare and columnist Rajeev Srinivasan
Rajeev Srinivasan
Rajeev Srinivasan is an Indian journalist, blogger and Hindu rights activist. He was educated at Indian Institute of Technology, Madras, Syracuse University and at Stanford Business School and works in software sales and is a marketing professional . He writes a regular opinion column for Indian...

 argue that news reports emphasized the provocative behaviour of the kar sevaks on the Sabarmathi Express in an effort to rationalise the subsequent mob attack at Godhra and displace blame from the mob on to the kar sevaks.

In 2004, the weekly newspaper Tehelka
Tehelka
Tehelka is an Indian weekly political magazine under the editorship of Tarun Tejpal known for its undercover exposé style of journalism. Its cover price is Rs 20 per issue. The publication began in 2000 as a news website, Tehelka.com...

 published a hidden camera exposé alleging that a BJP legislator Madhu Srivastava bribed Zaheera Sheikh, a witness in the Best Bakery killings trial. Srivatsava denied the allegation, and an inquiry committee appointed by the Indian Supreme Court drew an "adverse inference" from the video footage, though it failed to uncover evidence that money was actually paid. In a 2007 expose
The Truth: Gujarat 2002 - Tehelka report
The Truth: Gujarat 2002 was an extensive report on the 2002 Gujarat violence published by the Tehelka magazine in its November 7, 2007 issue. The report, which was based on a six-month long investigation and involved sting operations, claimed that the violence was possible because of the...

, the newspaper released hidden camera footage of several members of the BJP, VHP and the Bajrang Dal admitting their role in the riots. Among those featured in the tapes was the special counsel representing the Gujarat government before the Nanavati-Shah Commission, Arvind Pandya, who resigned from his post after they were made public. While the report was criticized by some as being politically motivated, some newspapers said the revelations simply reinforced what was common knowledge. However there were several inaccuracies in the statements that questioned the sting operation. Babu Bajrani and Suresh Richard in the statements said that Narendra Modi visited Naroda Patiya one day after the massacre to thank them. However official record shows that Naredra Modi didn't visit Naroda Patiya. VHP activist, Ramesh Dave told Tehelka reporter that S.K.Gadhvi, one of the divisional superintendents of Police killed five Muslims in Dariapur area as promised to him. But the official records show that Gadhvi was only posted in Dariapur one month after the riots. During his tenure no such incident took place in Dariapur. The Gujarat government blocked telecast of cable news channels broadcasting the expose, a move strongly condemned by the Editors Guild of India.

The riots were also the subject of a 2004 documentary film by Rakesh Sharma (filmmaker)
Rakesh Sharma (filmmaker)
Rakesh Sharma is a prominent Indian documentary film-maker. 46-year-old Sharma is based in Goa. His famous work is the feature-length documentary Final Solution on the communal Gujarat riots of 2002...

, called Final Solution (Gujarat Riots)
Final Solution (Gujarat Riots)
The Final Solution is a 2003 documentary directed by Rakesh Sharma about the 2002 communal Gujarat Riots that arose as a response to the Godhra Train Burning incident on February 27, 2002, where 58 Hindus were burnt alive on a train carriage. An official estimate states that 254 Hindus and 790...

. The film was denied entry to Mumbai International Film Festival
Mumbai International Film Festival
Mumbai International Film Festival for Documentary, Short and Animation Films , is a festival organised in the city of Mumbai by the 'Film Division', Ministry of Information and Broadcasting, Govt. of India. It has been organised since 1990, and focuses on documentary, short and animation...

 in 2004 due to objections by Censor Board of India, but won two awards at the 54th Berlin International Film Festival (2004)

Atrocities against women

An international fact finding committee formed of experts from US, UK, France, Germany and Sri Lanka reported, "sexual violence was being used as a strategy for terrorising women belonging to minority community in the state."

Taking a stand decried by the media and other rights groups, Nafisa Hussain, a member of the National Commission for Women accused organisations and the media of needlessly exaggerating the plight of women victims of the riots. which was strongly disputed as Gujarat did not have a State Commission for Women to act on the ground. The newspaper Tribune reported that "The National Commission for Women has reluctantly agreed to the complicity of Gujarat Government in the communal violence in the state." The tone of their most recent report was reported by the Tribune as "lenient".

Riot cases controversy

In April 2009, the Special Investigation Team (SIT) setup by the Supreme Court of India
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...

 to investigate and expedite the Gujarat riot cases submitted before the Court that Teesta Setalvad
Teesta Setalvad
Teesta Setalvad is a journalist and educationist. She is granddaughter of India's first Attorney General M. C. Setalvad-Personal life:She graduated with a degree in Philosophy from Bombay University in 1983 and started work as a journalist. She reported for the Mumbai editions of The Daily and The...

 had cooked up cases of violence to spice up the incidents. The SIT which is headed by former CBI director, R. K. Raghavan has said that false witnesses were tutored to give evidence about imaginary incidents by Setalvad and other NGOs. The SIT charged her of “cooking up macabre tales of killings”.

The court was told that 22 witnesses, who had submitted identical affidavits before various courts relating to riot incidents, were questioned by SIT and it was found that the witnesses had not actually witnessed the incidents and they were tutored and the affidavits were handed over to them by Setalvad.

The report which was brought to the notice of the bench, consisting of Justices Arijit Pasayat
Arijit Pasayat
Justice Arijit Pasayat is a retired judge of the Supreme Court of India. He hails from Orissa where he practised in matters relating to Taxation and Constitutional affairs before the Orissa High Court-Career:...

, P Sathasivam and Aftab Alam, noted that the much publicised case of a pregnant Muslim woman Kausar Banu being gangraped by a mob and foetus being removed from sharp weapons, was also cooked up and false.

External links

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