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With the announcement of quantum of punishment to the perpetrators of January 1993  serial blasts in Bombay by Judge GA Sanap of the special Terrorism and Disruptive Activities (Prevention) Act [TADA] court on September 7, 2017, probably, the longest terror case trial in India comes to close. In the first phase of this trial Judge PD Kode of Special TADA Court hadsentenced 12 convicts to death and 20 to life termon September 12, 2006. With the latest judgment 100 of the 123 accused have been punished.

WELL-DONE! The Muslim terrorists who killed 257 and maimed hundreds of innocent residents of Bombay in January 1993 have been punished. Many of them have been sent to gallows, awarded life sentences and so on. But what about those terrorists who butchered 575 and maimed hundreds of people of the minority in December 1992 in the same city. In fact, some of the instigators later occupied high constitutional offices in democratic-secular India. This is true of “Khalistani terrorists” also. They were hanged or killed on roads but for 1984 massacre of Sikhs Indian State is yet to conclude its process of finding the real culprits.

Sadly, with regards to communal and Caste violence, India has two kinds of laws, one for minority/Dalits and other for majority/high Castes. Whenever former suffer Indian State plays a game of forming COMISSIONS-COMMISSIONSto ensure that the heinous crimes against minorities and Dalits disappear from the public memory. In this regard the 1992-93 Bombay violence can be an interesting case for study. But if violence is believed to be perpetrated by minorities/Dalits, the punishment is instant. This latest judgmentensures punishment for January 1993 perpetrators but despite Justice BN Srikrishna Commission Report holding almost all Hindutva organizations responsible for killings of minority people in December 1992, the indicted perpetrators were not even questioned what to talk of arresting them.

One unfortunate aspect of our post-Independence governance has been that whenever the country witnesses the large-scale violence against minorities and Dalits, the search for perpetrators continues endlessly and criminals rarely punished. Major incidents of violence against minorities like Nellie massacre (1983), Sikh massacre (1984), Hashimpura custodial massacre of Muslim youth (1987), pre/post-Ayodhya mosque demolition violence against Muslims (1990-92), Gujarat carnage (2002) and Kandhmal cleansing of Christians (2008) are testimony to this reality.

The status of anti-Dalit violence is no different. The major incidents of persecution and massacre of Dalits; 1968 Kilvenmani massacre, 1997 Melavalavu massacre, 2013 Marakkanam anti-Dalit violence, 2012 Dharmapuri anti-Dalit violence (all in Tamil Nadu), 1985 Karamchedu massacre, 1991 Tsundur massacre (all in AP), 1996 Bathani Tola Massacre, 1997 Laxmanpur Bathe massacre (all in Bihar), 1997 Ramabai killings, Mumbai, 2006 Khairlanji massacre, 2014 Javkheda Hatyakand, (all in Maharashtra), 2000 Caste persecution in (Karnataka), 5 Dalits beaten/burnt to death for skinning a dead cow 2006, 2011 killings of Dalits in Mirchpur (all in Haryana), 2015 anti-Dalit violence in Dangawas (Rajasthan) are some of the thousands of incidents of the Dalit persecution most of the perpetrators remain unidentified. Moreover, in almost all the anti-Dalit violence cases, the culprits have been acquitted or released on bail despite murder charges against them.

As a Nation wedded to exalted ideals of democracy, secularism and egalitarianism we must never shy away from critically investigating this kind of dichotomy unless we feel that we have already lost battle to religious bigotry and Casteist hegemony.

Shamsul Islam  is a retired Professor of University of Delhi.Email: notoinjustice@gmail.com

For some of S. Islam’s writings in English, Hindi, Malayalam, Kannada, Bengali, Punjabi, Urdu & Gujarati see the following link:

http://du-in.academia.edu/ShamsulIslam

Facebook: shams shamsul

Twitter: @shamsforjustice

Hashimpura massacre where 42 Muslim youth in police custody were shot dead on the banks of a river by a PAC team all the culprits who were on bail were finally acquitted by the court in 2015.

http://www.tribuneindia.com/news/nation/salem-given-life-term-co-conspirators-death/463823.html

http://indianexpress.com/article/india/1993-mumbai-serial-blasts-24-years-after-mumbai-blasts-life-term-for-abu-salem-death-for-two-4833720/

 

One Comment

  1. K SHESHU BABU says:

    Punishments for similar crimes committed by anyone should be the same all over the country without communal or caste bias. But, in Indian justice system while the upper- caste and influential criminals get away with impunity or less severe punishment, the dalits, Muslims and women etc are awarded severest of punishments. This type of hypocritical verdicts should be avoided to sustain faith in judicial system