From Bilkis Bano to Zakia Jafri, the media needs to ‘keep the pot boiling’

Broken News

Published in Newslaundry on August 25, 2022

Link: https://www.newslaundry.com/2022/08/25/from-bilkis-bano-to-zakia-jafri-the-media-needs-to-keep-the-pot-boiling

August 15, 2022 will be remembered. Not for the flag-waving or declarations made by the prime minister from the Red Fort, but for the fact that, on this day marking 75 years of India’s independence, 11 men convicted of a heinous crime were granted remission from their life sentences.

Even as the prime minister spoke of women’s safety and empowerment, his home state of Gujarat released these 11 men from Godhra sub-jail. The crime for which they were convicted is horrific, even in the retelling today. Worse still, the survivor, Bilkis Bano, is now condemned to relive it. Yet, as these men emerged from jail, they were greeted with sweets and garlands by members of the prime minister’s party, the BJP.

The Bilkis Bano case is one that should never be forgotten. Soon after dark on February 28, 2002, a five-months pregnant Bilkis, 21, and members of her family left their village of Randhikpur in Dahod district. They hid in fields, hoping to escape mobs that had descended on the village following the Godhra train burning the previous day.

But they could not escape. On March 3, a group of 20 to 30 men carrying swords and sickles assaulted them. They raped Bilkis, her mother, and three other women; and killed her three-year-old daughter Saleha and most of the others in the group of 17. Only three, including Bilkis, survived.

The fact that we remember this case is because it is emblematic of the horrific communal violence that took place in Gujarat, where Muslim women were the targets of the most repulsive acts of sexual violence and assault.

We remember it, but not because the media continued to report it. Some journalists did persist but after 2019, when the Supreme Court asked the Gujarat government to pay Rs 50 lakh compensation to Bilkis, the media lost interest. The only reason it is still remembered is because of this woman’s singular courage and determination to continue her fight for justice with support from civil society organisations.

For the media, the Bilkis case holds out several lessons.

We remember it, but not because the media continued to report it. The only reason it is still remembered is because of this woman’s singular courage and determination to continue her fight for justice with support from civil society organisations.

We have to remember that today, there is an entire generation that has grown up since the Gujarat communal carnage of 2002. They would not have known about Bilkis or the other atrocities during that period. Thus, the significance of this particular case, and the context in which it took place, bears repeating.

If this story had been left to television channels, we would have heard a lot of noise but very little by way of factual background or context. Barring exceptions like NDTV, mainstream TV did not give the recent release of the convicts the attention it deserves. As a result, the significance of what has happened in the context of today’s communal politics, and the historical details that are essential to understand this, would have been lost to most consumers of mainstream media.

Fortunately, the print media in India is not yet extinct and hopefully will continue to survive. Mainstream newspapers, or at least the English papers I looked at, did provide explanatory stories to fill in details that many would either not have known or forgotten. It is interesting that so many mainstream newspapers are now doing explanatory journalism – it seems that there is a demand for this that is unfulfilled by reporting and commentary.

More importantly, newspapers also reported not just what Bilkis and her husband Yakub Rasool felt, but also the response of now retired Bombay High Court judge UD Salvi, who gave the original ruling in 2008 against these men. Justice Salvi also spoke to several television channels and independent YouTube channels, like Barkha Dutt’s Mojo Story. He was clear and unequivocal in all these interviews, stating as he does in this report in Indian Express, that “if it is being said that they are innocent, they did not commit the crimes and hence they are being honoured, it is defaming the judiciary which gave the judgments convicting them”.

There were also disturbing follow-up stories that need to be noted for the record. For instance, Indian Express reported on how the released convicts had been out on parole several times while serving their sentences. Several people living in Randhikpur, who had testified in the Bilkis case, had filed police complaints of being harassed and intimidated by these men during those periods when they were out on parole.

...if it is being said that they are innocent, they did not commit the crimes and hence they are being honoured, it is defaming the judiciary which gave the judgments convicting them.

Justice UD Salvi to the Indian Express

Even more disturbing is this Indian Express report about Muslim families leaving Randhikpur and seeking shelter in a relief camp in Devgarh Baria, where Bilkis Bano and her family have been living since 2017. One of the women arriving at the camp said, “None of us has the kind of courage that Bilkis has shown in the past two decades to fight. On our way here, we came across a huge convoy of the ruling party near Kesharpura and were petrified. I held on to my daughter tight.”

Clearly, this is a story that has not yet ended, not just in terms of legal challenges to the release of the convicts but also the renewed fear in Muslims in a state that is heading for an election. For them, the memories of 2002 have not faded.

Surveys have suggested that editorials in newspapers are not widely read. Yet they are important as a record of the stand a newspaper takes on a particular issue. In this instance, both Indian Express and the Hindu carried strong editorials on the release of the convicts and their subsequent felicitation by members of the BJP and its affiliate organisations. The editorial in the Hindu concluded: “With an Assembly election due in Gujarat at the end of the year, it is difficult not to read political significance into this decision. The sight of the released convicts being greeted and feted on their release will not sit easy on the country’s conscience.”

The other lesson for the media is the importance of memory, of reporters recalling what they reported. For instance, one of those who diligently covered Bilkis Bano’s case, when it was shifted at the behest of the Supreme Court from Gujarat to Maharashtra, is senior journalist Jyoti Punwani. She was able to remind us that the attitude towards these 11 convicts even in 2008, when they were sentenced to life imprisonment, was no different to what it is today. She writes in the Deccan Herald:

“It's not the first time these men, who gang-raped women and killed 14 innocents, including Bilkis Bano’s infant daughter, are being honoured. The day they were sentenced to life in Mumbai in 2008, this reporter saw people touch their feet in the trial court. The courtroom was packed with villagers from Randhikpur, the mood overwhelmingly sympathetic to the guilty. Snide remarks were made against the alleged ‘bounty’ given to Bilkis (there was none). Even others present in court for unrelated matters muttered that shifting the case from Gujarat to Mumbai was a ‘conspiracy against Hindus’. One of those sentenced even declared that he’d done what he had ‘for God’, and that it was ‘a crime in Hindustan’ to belong to the Vishva Hindu Parishad.”

The Supreme Court, in its judgement in the Zakia Jafri case challenging the findings of a special investigative team into the attack on Gulberg Society in which Jafri’s husband was killed, used the phrase “keeping the pot boiling” while referring to those who helped Jafri. As we now know, that particular ruling resulted in human rights activist Teesta Setalvad and former senior police officer RB Sreekumar being taken into judicial custody. Their bail hearing is before the Supreme Court.

I would argue that it is the job of the media to “keep the pot boiling” on issues like the communal carnage in Gujarat in 2002, the continuing attacks on Dalits and minorities in many parts of the country, the human rights violations in Kashmir and the Northeast, and much more. If the media does not do this kind of follow-up, the memory of these atrocities will fade and ultimately disappear, especially when the justice system also often fails.

 

Clamping down

Modi government's hounding of Teesta Setalvad is a message to all dissidents

The numerous cases foisted on her have little substance but are intended to paralyse work to seek justice for the victims of the Gujarat riots.

Kalpana Sharma  · Today · 09:15 am

Photo Credit: Jaffar Theekkathir / Wikimedia Commons

Incredible as it might sound, the government of India is so irritated with the activities of one woman that it is finding all kinds of ways to catch her and lock her up.  The woman who continues to be a thorn in the flesh of the Modi government is Teesta Setalvad. The reason the government thinks she should be locked up is because this tenacious woman refuses to allow India, or the world, to forget what happened in Gujarat in 2002.

It's another story that the multiple cases being foisted on her have little substance.  What one needs to realise is that together they are part of a plan to paralyse her ability to work and eventually to find a way to take her into custody.

The latest in the long list of inquiries and cases against Teesta Setalvad, her husband Javed Anand, and the organisations they established and run – Sabrang Communications, Sabrang Trust and Citizens for Justice and Peace – are so numerous and complex that one would need hundreds of pages just to run through the bare description.

The earliest cases date back to 2006. The latest was just last week when newspapers reported that the Central Bureau of Investigation had filed an FIR against Setalvad under Sections 120b read with Sections 35, 37 of IPC and Section 3, 11 and 19 of the FCRA Act of 2010 (criminal conspiracy and receiving funds illegally).  Setalvad has not received any notice but only heard about it from the media.

So how does one make sense of these cases that began almost a decade back but have accelerated in the past year?

Work began in 1993

Setalvad and Anand did not begin their work on communalism after the 2002 Gujarat violence, as is sometimes assumed. In fact, they set up Sabrang Communications in 1993 and began publishing the journal Communalism Combat.  It was also this company that published the Justice Srikrishna Commission Report on the Mumbai communal riots of 1992-'93 at a time when the state government would not make it available to the public.

Copies of the report were sold outside Bombay High Court and at all possible venues for as little as Rs 60. It was the only way people in the city read in detail about the culpability of the police, the Shiv Sena and the Congress state government in what happened during the weeks of violence that permanently scarred a city once considered liberal and cosmopolitan.

Between 1993 and 2002, during which period Setalvad and Anand also set up the Sabrang Trust in 1995, they were never questioned for their activities. On the contrary, they won several awards for their work. The trouble began after they established Citizens for Justice and Peace in 2002 and actively pursued  the courts cases against the perpetrators of the Gujarat violence.

This work meant collecting testimonies, providing witnesses with protection, getting on board lawyers who could formulate the arguments and ensuring that a couple of cases were moved out of Gujarat because the Supreme Court accused the state government of judicial failure.  That this effort resulted in 120 or so convictions in the different cases is a testimony to this work. The record of convictions in communal violence cases in India is so abysmal that it would not be an exaggeration to state only this type of civil society intervention could make convictions possible.

From Gujarat to Delhi

The one case that cut too close to the bone for the Gujarat government, then headed by Narendra Modi, is that of the widow of the Congress MP Ehsan Jafri, who was killed by a mob during the riots. Aided by Citizens for Jusice and Peace, Zakia Jafri filed a criminal complaint for criminal and administrative culpability against top politicians and policemen, including Narendra Modi. This is separate from the Gulberg trial on the killing of Ehsan Jafri and 68 others.  That trial is still ongoing and is under appeal in the Gujarat High Court.

Jafri had questioned the report of the special investigations team set up by the Supreme Court to look into the charges about criminal conspiracy in the Gulberg Case.  The report is popularly believed to have given a “clean chit” to Modi.  In fact, it merely stated that there was not enough evidence to prove his involvement.

Although Jafri's initial protest petition was rejected on December 26, 2013, in the magistrate’s court, she has not given up and is still pursuing the case. Eight days after this, an FIR was filed against Setalvad and four others, including Jafri’s son, for embezzlement of funds. This was followed by all the organisation’s accounts and Setalvad’s personal accounts being frozen. Despite this, Jafri and Setalvad managed to file a criminal revision to the protest petition by March 15, 2014.  This is the case that will now be heard on July 27 before the magistrate’s court in Ahmedabad.

What we need to recognise is that while between 2006 and last year, the cases filed against Setalvad and her colleagues were mostly initiated by the Gujarat Crime Branch, since the Modi government was formed at the Centre, they are now coming from agencies in Delhi.

For instance, in response to a letter sent by the Gujarat Crime Branch to the Ministry of Home Affairs in Delhi in March 2015, raising questions about Setalvad’s organisations receiving funds from Ford Foundation, the ministry sent notices to them about violating provisions of the Foreign Contributions Regulations Act. Ford Foundation also faced the heat and is now required to get clearance before releasing funds to any non-governmental organisation.

Squeeze from all sides

There were a series of inspections of the accounts of Sabrang and Citizens for Justice and Peace. These organisations have sent in over 25,000 pages of documentation answering every query about funding.  Despite this, the CBI has reportedly filed an FIR against Setalvad.  Why, when the charge is being investigated, and the people charged are cooperating and answering all questions?

What this means, once you wade through the mountain of legalese, is that the government has a single objective: to find a way to get Setalvad into their custody.  By filing FIRs and sending out warrants for her arrest, the government has ensured that a large part of her time, at least three or four days a week, is now spent running from one court to another to get anticipatory bail. These applications can only be made before the Gujarat High Court or the Supreme Court. Setalvad lives and works out of Mumbai.

The other part of her time is spent dealing with the multiple inspections into the accounts of the three organisations and preparing the required documents. What time is left is then devoted to cases such as Ehsan Jafri’s and the Naroda Patiya case, in which a minister in Modi’s cabinet in Gujarat, Maya Kodnani, was convicted and sent to jail. Although Kodnani has managed to get bail, Setalvad and her group are fighting hard to ensure that she does not get acquitted.

In sum, the government’s strategy is to squeeze organisations like Setalvad’s from all sides until they give up. On the surface, it would appear that the government is cracking down on all non-governmental organisations receiving foreign funds.  In fact, it is carefully picking the ones that it wants to shut down. Teesta Setalvad’s organisations are on top of that list.

Crushing dissent

This attack on Setalvad has also to be placed against what is happening in the country since the Modi government took office. We have not seen a major communal conflagration like Gujarat 2002.  But there is a steady stream of incidents of communal violence in various parts of the country.  It is more than evident that minorities are being targeted in direct and indirect ways (the beef ban, questioning education in madrasas, attacks on churches, ghar wapasi etc).  Modi has remained silent on all this, including the inflammatory statements made by ministers in his cabinet.  Against this reality, the effort put in by Setalvad’s team to keep alive Gujarat 2002 in our collective memories, and to get justice for the victims of that period of violence, is relevant.

On the other side, while people like Setalvad are being hounded for pursuing these cases of violence, we are watching the disintegration of the cases against Hindutva extremists in the Ajmer bomb blast case of 2007, where witnesses are turning hostile, and the Modasa case the next year, which has been closed for lack of evidence. In Maharashtra, special prosecutor Rohini Salian went public about the National Investigation Agency asking her to “go soft” on the Malegaon bomb blast case of 2008, in which Hindutva extremists have been implicated. All this has happened in the last one year.

The message is loud and clear.  If you come in the way of this government, you will be hounded till you give up. If you are on their side, even if you are guilty, you have a good chance of getting a reprieve.

So the issue is not just whether the Modi government will succeed in catching Teesta Setalvad and detaining her, but also whether there is any hope for dissent and justice when the state uses its power to crush those who question it.

Kalpana Sharma is an independent journalist, a columnist with The Hindu and consulting editor Economic and Political Weekly.

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Published in scroll.in July 13, 2015