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EPW
COMMENTARY
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vol xlIX no 16
COMMENTARY
violence case. But I pose a different question: How many people must be butchered, violated, abused and humiliated
before the evidence against perpetrators
becomes prosecutable? And these would
never be possible without the courage
and perseverance of non-governmental
organisations and human rights activists.
Unfortunately, convictions are exceptions
in the aftermath of Gujarat 2002 and
similar events of mass violence in India;
only a few trials held in the glare of the
television camera or involving heinous
crimes that symbolise the horror of
the event (like Naroda Patiya) lead to
convictions. Apart from these rare media
trials, or Supreme Court monitored cases,
the criminal justice system in India only
serves to humiliate the survivor of mass
violence in India.
Scholars of violence, especially massacres, pogroms and genocide, show that
part of the evidence of such events is
that there is no evidence (Pandey 2006;
Brass 2011). This is not merely a clever
turn of phrase; it is well known that the
judicial aftermath of Gujarat is entangled in allegations like the destruction of
records, manipulation of trials through
public prosecutors, mass police refusal
to record FIRs, and even the presence of
politicians in the police control room.
So let us not reduce the problem of
accountability in the aftermath of mass
violence to an alleged meeting in a chief
ministers house during which he allegedly
ordered the police to look away. Mass
public violence against a community can
be rendered invisible only with the complicity of ordinary people, state officials, and
in some cases, even survivors. This raises
questions beyond law and evidence: What
encourages people to look away and refuse
to feel the pain and humiliation of people
who are, in the end, their neighbours?
This public sentiment underneath majoritarian violence does not take away
from what I find to be an even more
fundamental truth about Gujarat 2002.
Over the last decade, I heard countless
stories of Muslim survivors men, women
and children who lived to tell the tale.
And almost always they have survived
because some unnamed Hindu hid them
in his house while the mob hunted
for them outside; Hindu women who
April 19, 2014
EPW
COMMENTARY
In Conclusion
It is not surprising that Modi and his
supporters would like us to confuse the
ethical and the legal our courts are
EPW
References
Berenschot, Ward (2011): Riot Politics: Hindu-Muslim
Violence and the Indian State (New York:
Columbia University Press).
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