SC Lawyers Write Letter To CJI Asking SC To Take Suo Moto Cognizance Of Hate Speeches Calling For Muslim Genocide Given In Haridwar And Delhi

KEY TAKEAWAYS

• On 17th and 19th December, two instances took place where hate speeches for targeting Muslims as well as calling for assassination and violence were made.
• A letter was sent by 76 Supreme Court lawyers to Chief Justice of India NV Ramana regarding these occasions asking the Hon’ble Supreme Court to take Suo moto cognizance.
• Uttarakhand police stated that an FIR was filed under section 153 A against Waseem Rizvi and others.

INTRODUCTION

On 17th and 19th December, two separate events took place in Delhi (by Hindu Yuva Vahini) and Haridwar (by Yati Narsinghanand) where hate speeches invoking calls for genocide of Muslims were made for achieving ethnic cleansing.

On 26th December , 2021, a letter was sent by 76 Supreme Court lawyers to Chief Justice of India NV Ramana regarding these occasions asking the Hon’ble Supreme Court to take Suo moto cognizance for this. It has also been requested to take action against the guilty persons under sections 120B, 121A, 124A, 153A, 153B, 295A and 298 of the IPC, 1860.

It has been pointed out in the letter that the speeches delivered during the event were not only hate speeches but were an open call for murder of an entire community. It was written that the speeches are not only a threat to the unity and integrity of our country but also there is a threat to lives of millions of Muslim citizens. It has been pointed out that similar situations have taken place before this but no action has been taken under the provisions of 153, 153A, 153B, 295A, 504, 506, 120B, 34 of IPC regarding the previous situation. Also few petitions under Article 32 of the Constitution of India are pending before Hon’ble Supreme Court of India.

This was done in hopes that a prompt action will be taken by the CJI as the head of judicial wing in a state is written by the advocates.

FURTHER DETAILS

“Narsinghanand” is a head priest in a temple of Ghaziabad, has been accused for provoking communal tension as well as he has been known for targeting Muslims by making controversial statements. He has also being accused for making objectionable statements related to women leaders in BJP. He said that once India had been captured, Islamic Jihad will be very powerful. He urged Hindus to take action regardless of economic boycott and said that the ones with most powerful weapons will win.

The Dharam Sansad held in Haridwar was filled with hate speeches for targeting Muslims as well as calling for assassination and violence. Several FIRs are already filed against Yati Narsinghanand in UP. The event was held for making sure that no Muslim becomes a Prime Minister in 2029. They urged the Hindu’s to take up weapons and called for a war against them.

A copy of Constitution was presented by BJP spokesperson Ashwini Upadhyay who attended the meeting held from 17th to 19th December where many religious leaders were also present. He was asked about his presence in the event to which he replied that he was present on the stage for only 30 minutes where he talked about the Constitution and is not responsible what other said after or before him. He also gave the copies of Constitution to the ones present on the dais. A video statement was also issued by him to show that he was present for last ten minutes where his purpose was to highlight the parts of the constitution which were unaccomplished. Such as- illegal immigration control, population control, and control over religious conversions.

Asauddin Owaisi who is AIMIM president tweeted that is clearly a case of incitement to genocide also he has asked to file a police complaint to the party state.

Actions taken after the incident

On Thursday i.e. 23rd December, the Uttarakhand police stated that an FIR has been filed under section 153 A against Waseem Rizvi and others. Rizvi is the former chairman of the Shia Waqf Board. He got converted into Hinduism and also changed his name to Jitendra Narayan Tyagi. The police will be adding more names as soon as the investigation starts.

Subodh Uniyal (Uttarakhand government spokesperson) said, strict action will be taken against those who were involved in the event as it is very wrong.

Harish Rawat, who is Former Uttarakhand CM and Congress poll campaign head, pointed out that the meeting was unconstitutional and said that this is an example of a society we are building. He blamed BJP for inciting such elements.

Ashok Kumar( Uttarakhand DGP) informed The Indian Express about the FIR registered with a written complaint by a local resident. The person who filed the complaint gave only one name “Rizvi” as others were unknown for him. Ashok Kumar said that naming only one person is a conscious decision and that they will be adding further names as the investigation starts. He further added that the incident is totally wrong and illegal and strict actions will be taken against the persons accused.

BACKGROUND

Violence against Muslims in India

Since the partition in 1947, various incidents of attack on Muslims took place by the Hindu nationalists. From 1950 - 1984 over 10,000 people have been killed in a communal violence between Hindu and Muslims. There are many causes for the happening whose roots lie in Indian history. They are-

• policies established during period of British rule by the colonial government,
• resentment in the middle ages towards Islamic conquest of India,
• partition of India into an Islamic country like Pakistan and minority of population within India,

There are many scholars who believe that thiskind of violence is supported politically by parties associated with Hindu nationalism like BJP. Whereas other believe that violence is limited to specific urban areas as a result of socio political environment.

Major instances of Muslim genocide in India

1. Kolkata riots 1964

Riots among Hindus and Muslims after disappearance of a priceless antique from the mosque.During the riot, more than hundred people were killed, 438 people were injured, over 7000 were arrested, 70,000 left their homes and 55,000 were provided protection by the Indian army.

2. Nellie massacre 1983

Took place in Assam where over 1,800 Muslim people from Bengali origin were killed by Lalung tribespeople ( ethnic group in Assam). It was the most severe massacre after World War II. Here majority of victims were children and women. The reason for this was Assam movement which demanded the illegal migrants who entered after 1951 should be deported.

3. 1969 to 1989 Gujarat riots

In 1969 Gujarat riots, 630 people lost their lives.

On 7th and 8th May, 1970 Bhiwandi riots took place, it was an anti- Muslim violence which took place in Bhiwandi, Mahad and Jalgaon (towns in India).

During 1980 in Moradabad, 2,500 people were killed. The local police were found to be involved for planning the violence.

In 1989, as result of Ayodhya dispute, over 1,000 lost their lives. Also a march was held for showing strength and as a warning to minority community.

4. Hashimpura Massacre 1987

Occurred on 22nd May, 1987 during Hindu – Muslim riots in UP in the city of Meerut. Here 42 Muslim youth were shot dead by 19 personnel of the Provincial Armed Constabulary and their bodies were thrown in canals filled with water.

5. Bhagalpur riots 1989

On 24th October,11989 in Bihar’s Bhagalpur district the incidents took place for a continuous period of two months. Over 250 villages were affected by the violence. Nearly 1,000 people were killed and 50,000 were displaced. It was the worst violence in independent India.

6. 1992 Bombay riots

This was a result of destruction of Babri Mosque by Hindu nationalists. Over 900 people were killed as a result of mob rioting and firing by police whereas 2,036 were injured and thousands were displaced internally.

7. Gujarat violence 2002

Acts of violence were carried out by Hindu extremists against the minority Muslim population. It started when Godhra train was burned by the Muslims, here young girls were raped and murdered. Rapes were sanctioned by the BJP ruling. Over 2,00,000 people were displaced. Nearly 254 Hindus and 790 to 2000 Muslims were killed. Prime Minister Narendra Modi who then was Chief Minister was also accused for initiating the violence.

8. Muzaffarnagar violence 2013

From August to September in the year 2013, a conflict occurs between the two communities in UP where 62 people died amongst which 42 were Muslims and 20 were Hindus. Here 200 were injured and 50,000 were displaced.

9. Delhi riots 2020

200 were injured and 53 dead. This was a protest against the citizenship law which was seen as an anti-Muslim by the critics.

CONCLUSION

Statement by Pinky Choudhary a leader of Hindu Raksha Dal – “we will not let the Muslims rise up, no matter who comes up to power. We are trying to awaken the youth. We will finish the roots of mullahs by digging them out of graves. Wait until 2nd April and everyone will see that either the Muslims will have to convert to Hinduism or they will be forcefully sent to Pakistan.”

We have always seen Hindu organisations protesting against Muslims. Sometimes it is love jihad sometimes cow slaughter and sometimes terror in name of Allah.

What happened in the event was violation of human rights. Hate speech becomes a violation of human rights if it incites hostility, violence or discrimination towards a group or person defined by their religion, race, ethnicity etc. Section 108 of IPC

World has always faced violence since time immemorial. Genocide is the worst form of violence. It destroys the whole population leaving empty spaces, empty countries, empty memories and also a huge health burden for the survivors. Genocides up till now have brought limitless sufferings to millions of people. It also affects the environment very badly.

Hence the event which took place on 17th and 19th of December was thoughtless. The idea of calling a genocide will completely destroy the country and will not be helping in any way. Moreover, lives of innocent individuals will be affected highly affected and the motive for which it was done will not achieved. Violence in any form is never the solution.