By Nikhat for TwoCircles.net,
To recall, 7 Muslim men of the Bengali Vas, Chandola Talab in Ahmedabad had been killed and all houses belonging to Muslims of this locality were burnt to ashes by the rioters during 2002 riots. These families had been living at this place since long. The victims had to stay in the NGO run relief camps for months. Till date, they have not been adequately compensated by the State government and also no rehabilitation including housing and other assistance had been done by the State Government despite the repeated directions of National Human Rights Commission (NHRC).
The compensation package has not been delivered to the victims since its announcement, houses built by voluntary agencies on an emergency basis are not being regularized till date but last week there was a case of demolition of such relief colony constructed at Chandola Talab. It shows the sheer unfairness and inhumanity of the Government of Gujarat, through its instrumentality i.e. Ahmedabad Municipal Corporation and Gujarat Police, while targeted demolition of 329 dwellings of riot affected Muslims including 172 houses of Siyasat Nagar Colony at Chandola Talab, Ahmedabad.
The ‘Siyasat Nagar Colony’ was reconstructed after the riots by voluntary agencies namely Jamiat-Ulema-e-hind and Siyasat (a Hyderabad based Newspaper) after spending Rs. 30 lakhs.
The local police used to threaten and harass riot victims living in this locality specifically of ‘Siyasat Nagar Colony’ on a regular basis. Given the threat and the poor and vulnerable condition of these families, no one had ever tried to lodge any complaint against the local police.
On November 3 of 2009 at around 08.30 am–09.00 am, the Ahmedabad Municipal Corporation along with Gujarat Police led by Police Inspector and Police sub-Inspector of Dani Limbda Police Station had started demolishing the houses of riot affected Muslims, whereby they demolished 329 dwellings including 172 houses of Siyasat Nagar Colony, one Madrasa and one school at Chandola Talab, Ahmedabad, where more than 1800 people were living. The entire colony was razed to the ground. It was done mainly to target the relief colony of riot affected people i.e. ‘Siyasat Nagar Colony’ and to further victimize the victims; The Ahmedabad Municipal Corporation had not given any prior notice about the demolition either to the residents of the colony or to any of the voluntary organizations who were involved in the construction of the colony, despite the clear ruling of the Honorable Supreme Court of India in Olga Telis case (AIR 1986 SC 180) about a mandatory notice to the residents prior to any such demolition. Also, the victims were neither occupying any footpath and passage nor causing any obstruction to any road but even then they had carried out the demolitions ignoring all the principles of ‘fairness’.
All of the household items, tin sheds, iron bars, doors, windows etc. have been taken by them without making any Panchnama of the same, which is a mandatory requirement of law.
Almost all of the displaced families have valid voter IDs, Ration cards, electricity connections, Special ID cards (given at the time of 2002 riots), which shows that they are domicile of Gujarat and nothing but of Gujarat.
Several representations have been made to the central as well as state authorities including President, Vice President, Chief Justice of India, Chief Justice of Gujarat, Prime Minister, Minister Home Affairs, Minority Affairs, Law and Justice, Urban Development, National Human Rights Commission, National Commission Minority etc. by Mr. Yusuf Sheikh (Convenor, Antraik Visthapit Hak Rakshak Samiti and Petitioner in Gagan Sethi and Yusuf Sheikh vs. State of Gujarat, SCA 14664 of 2008) for taking effective steps to ensure proper rehabilitation of the victims whose houses have been destroyed.
On November 25, 2009, Division bench consisting of the acting Chief Justice of High Court of Gujarat, Justice Mohit S Shah and Justice AS Dave, while hearing the above Public Interest Litigation issued notices to Ahmedabad Municipal Corporation and Gujarat Police for giving explanation of the demolition.
On the other hand, despite the strict ruling of the Division Bench of the Honorable High Court of Gujarat regarding the illegal commercial constructions in Consumer Protection Council vs. Ahmedabad Municipal Corporation [2000(3) GLR 2607] to strictly enforce the norm for existing buildings and future construction, similarly in Special Civil Application No. 10488of 2008, for the removal of illegal structures as well as encroachments on the roads and parking lot at SG Road by rich show room and mall owners, the Government of Gujarat or Ahmedabad Municipal Corporation have never took the pain of implementing the above ruling.
It is irony of the fact that, the poor riot victims, whose lives have been completely torn off by the flame of communal riots of 2002, are being further targeted and victimized by the whimsical and unfair act of the Gujarat Government and other hand those who are rich and well off are being given concessions as if the former are a second grade citizen of India and later are super citizens. On one hand, state government is completely inactive in curbing encroachment by rich and large business establishment in posh localities and no action has ever been taken against them but on other hand the vulnerable riot victims are being targeted and not even being allowed to live in peace and tranquility. What is expected from the government to maintain parity in their approach and not partiality and discrimination. This clearly shows a partial and vindictive attitude of the state government against the Muslim riot victims. It is not to justify lawlessness but only to say ‘fairness’ must prevail over whims and caprice.
Though the Constitution of India, paramount law of our country guarantees every person the right to life with dignity, which is essentially an inalienable fundamental right of everyone irrespective of his/her religious, caste, gender, racial, linguistic identities. The Honorable Supreme Court of India has severally observed that right to life does not mean mere ‘animal existence’ but in the present case of riots victims, they have not even provided ‘animal existence’ by the State of Gujarat.
Apart from this, there are 86 such relief colonies where thousands of internally displaced riot victims live. Except a few colonies, none of them are regulated due to non supportive attitude of Gujarat Government. There is all possibility that the fate which met to the Siyasat Colony of Ahmedabad would become the fate of every such colony. This needs to be stopped.