In Himachal Pradesh, Muslims are in a constant state of fear in the absence of the rule of law: APCR fact-finding Report

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India Tomorrow

NEW DELHI: A startling fact-finding report released by the Association for Protection of Civil Rights (APCR) during a press conference held on Tuesday at the Press Club of India revealed the ground realities of the rule of law’s complete failure and the administration’s complicity in enabling migrant vulnerability and communal tensions in Himachal Pradesh.

The document, titled “Creating the Muslim ‘Outsider’: Hate Speech, Migrant Vulnerability and Faltering Law & Order in Himachal Pradesh,” details a distressing sequence of occurrences in multiple areas of Himachal Pradesh, such as Shimla, Sanjauli, Mandi, Solan, Kullu, and Palampur. These developments have ignited significant concern and discussion. There is an escalating necessity for dialogue, comprehension, and a peaceful resolution to these issues.

People from various fields participated in the press conference, comprising prominent human rights advocates, former bureaucrats, legal professionals, journalists, and concerned citizens. The panel featured notable figures such as senior Supreme Court advocates Prashant Bhushan and Sanjay Hegde, Activist and Educationist Syeda Hameed, Former Deputy Mayor of Shimla Tikender Pawar,  Haryana journalist Ramandeep Kirtan,  independent journalist Srishti Jaswal, freelance journalist Kaushik Raj and APCR national secretary Nadeem Khan.

Senior journalist Pamela Philipose moderated the press conference. Setting the tone of the press conference, she said, “Today, communal agendas have overshadowed classroom agendas,” about the escalating severity and frequency of communal violence in India.

The conference commenced with the fact-finding team presenting their first-hand accounts of the experiences they encountered. Nadeem Khan said there is a parallel government run by BJP and RSS. The biggest failure of the Himachal government is the complete collapse of the rule of law.

Srishti Jaswal shared a detailed account of her observations and said people are so afraid that in their 20-day visit not a single woman is willing to share her views. Even men were also reluctant to speak and some spoke on conditions of anonymity. She added that the mosque committee had begun the process of taking down the mosque in Sanjauli. “Yesterday, they started the process of pulling down the mosque. They could have waited, could have tried to, at least. This is the environment there despite the Congress government being the one in power.” She also highlighted that police in all districts of Himachal Pradesh are demanding character certificates from Muslims, issued from their native state.

Kaushik said that a colleague, Raqib Hameed Naik from Hindutva Watch, an independent research initiative focused on documenting hate crimes and hate speech directed at religious minorities in India, reached out to him. Naik informed Raj that images of him and Nadeem have been circulated within right-wing circles, accompanied by a message labelling them as terrorists who should be apprehended. Although a formal complaint has been lodged with the Himachal Pradesh police concerning this matter, no action has been taken thus far.

Advocate Prashant Bhushan said that communalism represents a significant societal ailment. He noted, “The Congress party is not immune to this affliction. While many members of Congress may not hold communal ideologies, they often act communally out of opportunism.” He further said that a leader of Rahul Gandhi’s stature should take decisive action to remove such individuals from the party, emphasizing that Congress cannot effectively compete in the communal arena against the BJP, and any efforts to do so would ultimately serve to strengthen the BJP’s position.

Senior Supreme Court lawyer Sanjay Hegde while emphasizing on the preamble of the Constitution urged all to work for the fraternity.   

Syeda Hameed highlighted the already recognized truth that “Muslims are being marginalized in this country… it is becoming progressively difficult to exist as a Muslim.” In response to inquiries regarding the involvement of civil society in addressing the rising instances of communal violence, she remarked, “We must regain our awareness, or we risk allowing our nation to be devastated.”

The report has also made some recommendations for addressing communal tensions in Himachal Pradesh:  The recommendations are:

1. Effective Governance: Ensure swift action against communal elements to prevent escalation of tensions, as seen in the Sanjauli mosque issue.

2. Inclusive Dialogue: Foster open communication between Hindu and Muslim communities to promote understanding and peaceful resolution.

3. Strengthening Law and Order: Deploy adequate security forces to maintain law and order, preventing clashes and vandalism.

4. Leadership Accountability: Hold elected representatives accountable for inflammatory statements, promoting responsible leadership.

 5. Community Engagement: Encourage community-led initiatives promoting interfaith harmony and social cohesion.

6. Policy Reforms: Review and reform policies to address communal tensions, ensuring equal protection and opportunities for all citizens.

7. No Permission for Inflammatory Rallies: Deny permission for rallies that may incite communal conflicts, as identified by intelligence agencies or local authorities.

8. Government Support for Muslims: The government should take proactive steps to ensure Muslims feel secure, such as increasing police presence in sensitive areas and engaging in dialogue with community leaders.

9. Social Media Monitoring: Track and counter inflammatory content on social media platforms.

10. Swift Legal Action: Ensure prompt arrests and prosecution of perpetrators of communal violence.

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