Press Release: Commemorating Two Years of the Northeast Delhi Communal Riots
This February marks two years of the communal carnage that shook several localities of Northeast Delhi. To mark the carnage, and take forward the much-needed discourse on the lives of the victims, a group of concerned citizens and organisations - comprising National Federation of Indian Women (NIFW), All India Democratic Women’s Association (AIDWA), Constitutional Conduct Group (CCG), People’s Union of Civil Liberties (PUCL), United Against Hate (UAH), and Karwan -e -Mohabbat - came together on February 26, 2022, to organise a People’s Tribunal. The Tribunal brought together survivor families and individuals from Northeast Delhi, field experts, and lawyers to testify before a Jury composed of people who have had long experience in their respective fields.
It was a day-long,
closed-door event that saw a series of discussions on five key themes:
- Impact of State
Apathy in Northeast Delhi
- Testimonies of
Families from Northeast Delhi
- Medical Cases and
State Response
- Police Investigation
and the Riots
- Compensation - Access, Amount, Framework
The Jury comprised
former Indian ambassador Deb Mukharji, former Home Secretary (Ministry of Home
Affairs of India) Gopal Pillai, historian Mridula Mukharji, senior journalist
and researcher Pamela Philipose, and former member of Planning Commission of
India and writer Syeda Hameed.
Jury Findings
1. In spite of
adequate intelligence and warning indicators of heightened tensions and
threats, the Delhi Police failed to take adequate measures to prevent the
spreading of the riots. Once the violence broke out, the Delhi Police along
with acts of omission and commission, allowed the riots to continue for a
longer period. Taking no action against the mobs perpetrating the violence, and
letting victims fend for themselves more often than not, this only resulted in larger
casualties, more suffering and harassment and greater property damages.
2. Widespread
instances of police misconduct have been noted. From harassing victims and innocent
citizens by various means including large-scale arrests, refusing to arrest and
take action against ‘powerful’ people implicated in inciting violence,
corruption and attempts at extortion; misusing of technology to frame people,
to biased and unjust chargesheets, the police have been even more complicit in
the violence. And this has not been highlighted by the media - especially those
mainstream - over the past two years.
3. There has been a
lack of proper and transparent investigation, and a biased approach leading to lack
of credibility in the overall investigative process. These were also brought
out by innumerable adverse comments of the Courts during this period. Hundreds
of innocent people, including victims, have been in jail on what seem to be
completely trumped-up charges.
4. The Delhi Government
failed miserably in providing adequate relief to victims of the violence. It
has also not been able to prevent harassment and fair investigation of
riot-related cases over the last two years.
5. Precious little has
been done by the state to bridge the communal divide created and widened by the
riots. This has led to insecurity and ghettoization with people moving into mono-religious
neighbourhoods.
6. The compensation
scheme drafted and provided by the state government has been blanket and discriminatory.
While a policeman’s death was offered more than Rs. 1 crore, the death of an ordinary
victim of the violence was given only Rs. 10 lacs. Furthermore, a child’s death
was allocated merely Rs. 5 lacs according to the scheme. These blatant and arbitrary
discrepancies have been pointed out repeatedly and need to be questioned
further.
7. It is noted that
the most amount of legal support provided to survivors of the violence have been
by young and community-based lawyers. The state has done little to nothing to
provide free legal aid to them.
Jury
Recommendations
1. A Judicial
Commission of Enquiry headed by a Retired Judge of the Supreme Court must be set
up immediately to inquire into the riots. The impunity enjoyed by the state and
non-state actors can only be challenged through setting up of such a commission
of enquiry with members who have stature and credibility among the affected
communities.
2. The Delhi
Government must immediately set up an Empowered Group to look into all cases of
inadequate and delayed compensation. The process of assessing the claims and
giving compensation must be completed within 3 months. The Empowered Group must
also take into account the hardships faced by riot survivors over the last two
years because of the faulty compensation scheme of March 2020 and recompense
them for the same. The Empowered Group must have members from Northeast Delhi
who understand the political-economy of the area and can effectively engage
with the community.
3. The use of
predictive policing must be brought under a regulatory framework. A sharp rise
in the use of predictive policing including facial recognition technology which
was used by the Delhi Police to round up those they framed as instigators of
violence is based on a fallacious assumption that the algorithms ensured
bias-free investigations. There are influential research studies pointing to
the bias built into its very design in order to deliver pre-determined outcomes.
The use of such technology must come with a guarantee of a proper regulatory framework.
4. The State and
Central governments must have programs for rebuilding employment opportunities
for riot survivors who lost their livelihoods and provide them with crucial livelihood
support (for example e-rickshaws, sewing machines, technical training and equipment).
5. Both the Central
and the State governments must make efforts to prevent communal violence in
future by taking steps toward building communal harmony and preventing further ghettoisation.
Rebuilding of mutual trust and relationships is necessary for the long-term coexistence
of all communities. Attempts must be made to bring back the people who have
left their homes so that distress sale of properties can stop. While members of
the civil society have taken on the responsibility of rebuilding trust, schools
- especially government schools – could be important sites of promoting
communal harmony by ensuring participation in activities from children of all
communities. There must be workshops for teachers on how they can counter feelings
of hatred and otherising among children.
6. All instances of
neglect and delay in treatment of serious injuries of riot victims, some of which
resulted in death or permanent disability at government hospitals must be
probed by the Judicial Commission of Enquiry. They must also look into the
alleged communal bias of the doctors and hospital staff. The State Government
must ensure that adequate and free medical care is provided to the riot victims
so that their treatment can continue.
7. State and Central
Governments must remedy the disruption of education of young people. An assessment
and evaluation, with the cooperation of civil society organisations working in
the field of education, must be done of instances of youth dropping out of
school to earn a living. Bridge courses must be organised for those willing to
re-join schools. It is important to ensure retention of girl students in
schools to avoid early marriage.
Press coverage:
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