NHRC cautions Gujarat Government on holding Gaurav Yatras and Jagannath Rath Yatras

In view of the reported imminent plans of the Gujarat Government to hold a series of Gaurav Yatras and Jagannath Rath Yatras in Gujarat, the Commission considered it necessary to offer its comments thereon, because of the reported widespread apprehension that this could re-ignite communal violence in the State.

Accordingly, on 1 July 2002, the Commission issued separate proceedings in this respect in which the Commission stated that it had learnt both from its Special Rapporteur in Gujarat, Shri P.G.J. Nampoothiri, and from numerous media reports, that there were imminent plans to hold a series of Gaurav Yatras all over Gujarat from 4 July 2002 and that Jagannath Rath Yatras were scheduled to be held on 12 July 2002 in over 70 locations of the State.

The reports also indicated that there were widespread apprehensions, both within sections of the Administration and among members of the public, that this could re-ignite communal violence in the State. Of particular concern was the situation in Ahmedabad and Bhavnagar which, in the view of Shri Nampoothiri, Special Rapporteur of the Commission, and a former Director General of Police of Gujarat, had “a distinct potential for disturbing communal peace.”

Given this unfortunate history, of which the authorities in the Centre and State were fully aware, the Commission urged all concerned – including non-State actors in Gujarat – to behave in such a way that the peace was not disturbed and innocent residents of the State were not exposed, yet again, to violence or the threat of violence. Apprehensions had also been expressed that the Gaurav Yatras being planned might be countered by rival rallies and that, as a result, the situation could become volatile for this reason as well. The Commission hoped that this danger, too, would be avoided and contained by the Government and others concerned. The Commission recalled that, when its team visited Gujarat between 19-22 March 2002, an appeal was made by its Chairperson that the ‘Asthi-kalash Yatra’ planned from 27 March 2002, in the wake of the Godhra tragedy, be not proceeded with. At that time the Chief Minister had personally intervened to have that programme withdrawn. The Commission therefore expected that all due care would be taken by the State Government in the coming days - both at the political and at the administrative levels - to prevent situations arising that had the potential to endanger lives and property and that could lead to the violation of human rights.

The Commission earlier had occasion to stress that it was essential to heal the wounds and to look to a future of peace and harmony in Gujarat. It, however, added that the pursuit of these high objectives must be based on justice and the upholding of the Constitution and the laws of the land.

In the Commission’s view, it therefore remained fundamentally important, in such circumstances, that those who were responsible for the promotion of communal harmony and the maintenance of law and order – whether in the political or administrative leadership – should discharge their duties in the present and future in accordance with the provisions of the Constitution and the relevant statutory provisions, or be answerable for such acts of omission or commission that resulted in the violation of the law and the rights to life, liberty, equality and dignity of their fellow human beings.

(Full texts of all of the proceedings of the Commission on Gujarat are available on www.nhrc.nic.in)