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Teesta Setalvad A Mumbai Citizens Legal Rights organisation 2011 Nirant, Juhu Tara Road, Juhu, Mumbai – 400049. Email: [email protected] / [email protected] Tel: 26602288 / 26603927 Formation Genesis The Citizens for Justice and Peace, was formed in April 2002 in direct response to the Genocidal carnage against minorities in Gujarat following the tragic burning alive of persons aboard a train at the Godhra railway station. This tragedy was misused deliberately by the government and sections of the administration to allow organised violence in 300 locations spread over 19 of the 25 districts in the state. Within 3 days over 2,500 lives had been lost, property over Rs. 4,000 crores systematically destroyed and over 19,000 homes burnt to cinders. Women and children were specifically targeted as symbols of their community. The victims were the Muslim minority. It was arguably the worst incident of State sponsored Mass Communal Crimes in post-independence India. Formation Individually and collectively, the Trustees of CJP had been involved since the mid-eighties with vocal citizen’s movements against the alarming growth of divisive and hate driven politics of supremacy and exclusion, known on in South Asia as the politics of communalism. Citizens for Justice and Peace (CJP) has been actively engaged in supporting the struggle for justice for the victim survivors of the communal carnages targeting Gujarat’s Muslims in 2002. In addition, CJP has also emerged as the nodal national group to advise other minority groups, be it Christians, Dalits or women in their legal strategies on how to access justice for violent targeted crimes. It is this collective knowledge and experience of the law, legal strategies, academics and activism that CJP hopes to multiply and replicate into a National Legal Rights Initiative. Focus The Punishment of the Guilty Perpetrators Poses a Challenges to all those Committed to the Rule of Law, Concerned with Deepening Democratic Institutions, be it the Police, Executive and or Judiciary, Devoted to Establishing a Culture of Transparency and Accountability which means puncturing the pervasive culture of Impunity Determined to Ensure Lasting Peace and Reconciliation between Communities alienated by State Sponsored Violence Unswerving in the their Belief that Citizens, including Victim Survivors need to be the Face of the Struggle for Justice, Truth and Accountability Focus The face of CJP’s legal battles have always been the victim survivors and Witnesses CJP’s activities have included Public Memorials and Observances of the Crimes. Focus Acute Challenges A High Risk Human Rights Activity Victims and Witnesses of this brutal physical and psychological assault continue to be subjected to harassment by an uncaring and hostile administration They are threatened and induced to retract testimonies by perpetrators and the henchmen of the state machinery that has been twice elected to power after the carnage (2002 and 2007) The Perpetrators in the face of those in Power or those part of allied/sister organisations of the Hindu Right who enjoy Political Patronage have even used, and continue to use the Criminal Underworld to issue threats and offer inducements CJP has through its interventions legally in the Supreme Court ensured a hitherto unique Witness Protection for over 700 victim witnesses, The design of the State Government accused of Criminal and Unconstitutional Acts is to target indirectly Human Rights Defenders, Organisations and their lawyers who have stood by this Nine Year old struggle for Justice. CJP and Its Secretary have been the specific focus of a vituperative and vindictive attack that has not even spared serving policemen and administrators who stood by the Truth, the Indian Constitution and Criminal Law. Gujarat 2002-2011 A Concerned Citizens Tribunal headed by two retired judges of India’s Apex court, the Supreme Court of India - Justice VR Krishna Iyer and PB Sawant (Crimes Against Humanity—Gujarat 2002; http://www.sabrang.com/tribunal/index.html). The Tribunal’s 3-volume report, Crimes Against Humanity—Gujarat 2002 (November 2002) concluded that the crimes committed were nothing short of “genocidal” using the UN’s 1948 Convention on Prevention (and Punishment) of Genocide and that its “chief author and architect” was none less than Gujarat’s chief minister Narendra Modi. Gender Violence: An estimated 400 girls and women were subject to brute gender violence; even the state of Gujarat has been forced to admit to 176 women being brutally assaulted. No reparation has been offered to women and girls or their families. Over 428 persons are officially admitted as missing since the 2002 carnage, the remains of 226 not yet traced and thus denied a dignified burial and last rites. At least 270 places of cultural and religious importance for the Muslim minority were destroyed: barely 40 have been since rebuilt, not by a repentant state, but by the community itself. Gujarat 2002-2011 Absence of Remorse or Acknowledgement There has been no expression of Remorse for the Perpetrated Violence of 2002 either by the State Government or the Party it represents, Nationally There is a calculated design to deny every aspect of the Violence, the Facts behind the Crimes, the Conspiracy, Planning etc. The Media has done much to keep the evolving tragedy alive with magazines like Tehelka performing a yeoman’s service. In the public domain it is due to consistent efforts by CJP in the Supreme Court of India have the Government of Gujarat has been forced to admit the magnitude of the human tragedy. Whatever redressal (legal) has happened (the BEST Bakery and Bilkees Bano massacre cases) has been due to the tenacity of survivors and the tireless work of citizens legal rights groups and the NHRC. Over 68 cases have bee and continue to be directly handled by CJP. The Long hard Battle CJP continues to hire lawyers on a retainer basis to render legal aid to the victim survivors who in their struggle for justice are vulnerable to threats, intimidation and even vindictive and malicious prosecutions by the police and administration. Sustained legal presence and interventions in the trials where victim witnesses have a stake is made possible by this effort. Our Objectives: Help the battered community of victim-survivors get compensation, reparation and justice and Empower the Survivors into a Vibrant Survivor Network in the Process. Draw the judiciary’s attention to the prevailing culture of impunity in which carnage after carnage perpetrators and masterminds of mass crimes go scot- free (especially in cases of communal violence) and Ensure Punishment to the Perpetrators. Invoke the Republic’s constitutional commitment to a secular democratic polity, wedded to the principles of equality and non-discrimination. The Long hard Battle Our Objectives: Highlight the critical importance of the impartial enforcement of rule of law, arrest the growing alienation of India’s religious minorities from the system and restore their faith in the system in the interests of national unity and communal amity. Encourage a culture of transparency, accountability and value for human life. Systemic Concerns While CJP was formed as a concerned and conscientious response to the violence and conflict that raged in Gujarat between February – May 2002 and the subversion of the justice system that followed, our legal interventions have always had a long term focus Urgent Reform of the Indian Criminal Justice System Addressal of Inexplicable Judicial Delays Locus of citizens and Victim Witnesses to initiate registration and investigation of serious crimes that the system wishes to ignore Crucial Need for Directorates of Prosecution with Upright and professional public prosecutors who stand by the Indian Constitution Systemic Concerns Evolution and Implementation of a Witness Protection Programme As a Commitment of the Indian State (Recommended by the Law Commission of India) Implementation of long overdue Police Reform, that will ensure an Independent Police Force A National Policy Framework for a Reparation Policy for Mass Crimes Systemic Guarantors of Transparency and Accountability from the State at times of Mass Internal Conflict A Special Law for the Protection of the Life and Property of Minorities A National Policy Framework and Law for Human Rights Defenders In brief, a complete re-haul and rejuvenation of the criminal justice system About Us Each and all of the trustees of the Citizens for Justice and Peace (CJP) have been individuals committed to the rule of law, consistent voices for the punishment to the perpetrators of mass crimes ever since India and Bombay burned in 1992-1993. Our late President Vijay Tendulkar, a creative leader in Marathi theatre was a consistent and respected voice against the politics of division and hatred. CJP’s President currently, I.M. Kadri apart from being one of the country’s leading architects has also been respected for his consistent support to inter-community relations and tolerance. Raghu Nandan Maluste, CJP’s Vice-President, apart from being a successful businessman and financial consultant, involved in several civic issues and social entrepreneurship, committed to child rights and the rule of law. About Us Alyque Padamsee, a towering name in Indian advertising and marketing apart from being a theatre personality has also been a vocal exponent of reason, sanity and dialogue. Cyrus J. Guzder, a leading corporate figure has also been at the forefront of the struggle to protect Mumbai’s heritage and environment as also to preserve our secular ethos. Anil C, Dharker, a well known writer and senior journalist, who has been consistent and outspoken in his commitment to civic and secular values. Javed Akhtar, leading script and song writer for Bollywood and renowned Urdu poet has also represented a strong and vocal voice against the politics of division be it of the majority or minority. About Us Ghulam M. Peshimam, a leading businessman who from Mumbai, also a consistent voice for reason, sanity and dialogue.
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