Petition To National Commission For Minorities Against Illegal Conversions By Bajrang Dal In Agra
By Shehzad Poonawalla
10 December, 2014
Countercurrents.org
Petition to National Commission for Minorities (NCM) against illegal conversions by Bajrang Dal in Agra Uttar Pradesh. Action directed to be taken by Election Commission, Home Ministry and PMO against this communal agenda.
Dear Chairperson and Respected members of NCM,
10th December 2014
CC: Election Commission of India
Home Minister of India
Prime Minister of India
In the past few months, as an activist, lawyer and above all a concerned citizen who has striven to uphold the constitutional values of secularism in this country and preserve its plural, tolerant culture that celebrates diversity, I , Shehzad Poonawalla have approached the National Commission for Minorities to seek redress especially on the issue of hate-speeches, violative of the law and in particular the Indian Penal Code 1860 and our constitutional ethic.
Some of the prominent instances that warranted
1)Hateful comments on Madrassas by BJP MP Sakshi Maharaj which I complained about on 14th September 2014
2) Hateful comments on Muslims wrt Garba celebrations by BJP MLA Usha Thakur which I complained about on 10th September 2014
3) Hateful comments captured on tape and in an interview on Love Jihad and riots by Muslims by 5time BJP MP Yogi Adityanath which I complained about on 28th August and 2nd September 2014
4) Hateful comments by BJP office bearer in Karnataka and former Minister C T Ravi during the sensitive Sahranpur riots which I complained about on 27th July 2014
5) Forcible feeding by Shivsena MP on a Muslim staffer during his Roza fast about which I complained on 23rd July 2014
6) Complaints wrt hate speeches made by Shri Amit Shah, Shri Ramesh Bidhuri and Shri VK Malhotra about Muslims during the election campaign of 2014 in violation of Model Code of Conduct.
7) Complaints wrt to Hate speech by Azam Khan wrt Indian Army aimed at dividing and promoting enmity between Hindus and Muslims during Elections of 2014.
In all the instances I had shown violations of Election Laws especially Representation of People's Act 1951, Indian Penal Code 1860 and in some cases the IT Act, 2000 and Model Code of Conduct issued by ECI.
In some of my cases, prominently the DNA hate article case, the NCM had acted swiftly and even urged for registration of FIR against Subramanian Swamy in 2011.
While in some cases the ECI has acted eg: Amit Shah, Yogi Adityanath and Azam Khan- in most cases delayed action has led to a sense of impunity and scant respect for the law and constitution amongst these leaders, legislators and office bearers of leading national political parties.
After my petition to the NCM in September October 2014 the matters highlighted by me were pursued by you with the Ministry of Home Affairs.
MHA notices issued on my complaints to National Commission for Minorities and other departments of MHA for appropriate action.
But despite this, there has been no concrete action by the Ministry of Home Affairs or the Central government. This has led to emboldening of the communal elements in society especially those linked to the notorious Sangh parivar.
Delhi which is scheduled for elections soon has witness communal tensions in areas like Trilokpuri and Bawana for the very first time in 15 years. A church in East Delhi has also been burnt down.
Central Ministers like Sadhvi Niranajan Jyoti have openly used communal vitriol in their speeches dividing the country into "Ramzadas" and "Haramzadas" clearly indicating that there is only room for people of one faith in this country. The External Affairs Minister Sushma Swaraj has openly declared that the government intends to make one sacred religious text as the national book which is violation of the Constitutional principle of Secularism that requires the State to treat all religions equally. Leaders like Sanjiv Baliyan and Giriraj Singh who are booked for hate speech and rioting have been promoted as Ministers and no action has been taken by the Prime Minister of India against any of these elements. In recent programmes, like the World Hindu Congress organised in Delhi which saw many top leaders of the ruling party BJP participating in it including central government ministers- the unconstitutional agenda of making India a theocratic Hindu Rashtra was endorsed and it was said that PM Modi is the first Hindu PM to return Hindu rule to India after 800 years! Such has been the language and ambience generated in this nation after 26th of May 2014. In Chattisgarh , right wing elements affiliated to Sangh are putting illegal pressure on private convent schools to use the word "Pracharya" instead of Father.
It is within this atmosphere another shocking case has been exposed in Agra, Uttar Pradesh where Muslims families have been reportedly forcibly converted by pressure, allurement and intimidation which is illegal by the Bajrang Dal. Testimonies establish the pressure exerted. Eg: Murshida Begum, resident of the slum cluster, said on Monday afternoon, men arrived in “big cars with tilaks on their foreheads accompanied by the media.” They put some idols in one corner, and spread a sheet. “We began to get worried, but could say nothing for fear of the powerful people. They asked our men to wear their skull caps, read some text, and throw some things into a fire. They asked them if they were happy being Hindus now. Everyone was inside the basti, and there could have been trouble. We are poor people with nowhere to go, and if our landlord tells us to leave, we will have nowhere to go. What could the men have said but yes?” she said.
"They first threatened to get us to vacate our homes. The land is owned by a Hindu. Later, they said that if we converted, we would get houses and better schooling for children," Ismail said. The women who had posed before cameramen on Monday sappeared withdrawn the day after and would not even allow the kids out to play.
I am forwarding you independent media reports that will confirm these facts.
According to an authentic report the RSS and Sangh Parivar plans to convert 4000 Christians and 1000 Muslim families by Christmas in this fashion.
http://economictimes.indiatimes.com/news/politics-and-nation/rss-plans-to-convert-4000-christian-1000-muslim-families-to-hinduism/articleshow/45442684.cms
Such conversions, secured under duress and through allurement,pressure and influence are not only in violation of Indian Penal Code and various anti conversion laws in operation across India but most importantly in violation of the Fundamental Right to freely profess and pursue one's religion and faith, guaranteed to us under various articles including article 25 of the Constitution.
The Sangh Parivar has had a long history on indulging in such illegal, unconstitutional practices. A list for your perusal is being provided here
http://www.ummid.com/news/2014/September/12.09.2014/forced-conversion.html
Given these facts and circumstances it is humbly prayed:
A) In this specific instance, an enquiry should ordered to ascertain the facts of the Agra conversion bid and to direct the state government and police to book and arrest the offenders linked to Sangh Parivar under stringent provisions of IPC and other appropriate laws.
B) The enquiry must look into the entire conspiracy of forcible conversions by Sangh Parivar groups across India and take up cases under appropriate laws against its leaders who have been aiding and abetting this.
C) Direct the Ministry of Home Affairs to take tangible steps against this practice by the Sangh Parivar. It must be directed to instruct all state governments to be alert about such practices, set up special police cells to protect Constitutional rights of minorities and ensure law and order is not violated. The government of India must also be recommended to call all stake holders and pioneer a comprehensive anti-racial and anti-communal law that puts an end to such instances.
D) Direct the Election Commission to take stern steps against those political parties that encourage and reap benefits of such unconstitutional practices as most of these instances are focused around areas going to polls in near future. A comprehensive code and guidelines in this regard must be framed that makes it impossible to use hate speech & communal agendas in run up to elections.
E) No less than the Prime Minister of India who has asked for moratorium on such communal activities for ten years and stresses on Development as an agenda must be asked to take leadership in ensuring that his colleagues from his party and cabinet do not violate the Constitution. It is requested that the NCM requests him to break his silence and intervene in the matter though his moral force.
Petitioner:
Shehzad Poonawalla
Lawyer-activist
[email protected]
.
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