By Anjuman Ara Begum, TwoCircles.net,
Eminent social worker and writer Harsh Mander, who quit his IAS job in Gujarat following the 2002 pogrom there, recently visited Assam as Supreme Court Special Commissioner. In an exclusive encounter Shillong-born Mander opens his heart to Anjuman Ara Begum of TwoCircles.net on Nellie massacre and its survivors who still await justice. (On Friday – 18 February, 1983 – 3,300 Muslims were massacred in the Nellie town of Morigaon district, Assam)
(In interim orders in PUCL vs Union of India and others, Writ Petition 196 of 2001 dated 8 May 2002 and 2 May 2003, respectively, the Supreme Court appointed “Commissioners” for the purpose of monitoring the implementation of all orders relating to the right to food. It is an independent structure set up by the Supreme Court. The Commissioners have been empowered to enquire about any violations of these orders and to demand redressal, with the full authority of the Supreme Court. They are also expected to report to the court from time to time. Harsh Mander has been appointed to assist the court as Special Commissioner.)
Anjuman Ara Begum: Is it your first visit to Nellie?
Harsh Mander: Yes, it’s my first visit.
TCN: What is your feeling after visiting the place and listening to survivors?
Harsh: I am very emotional for many reasons. First, a series of massacres taking place in India start the sequence from Nellie. Several killings of men, women, innocent children and the brutality went unaddressed and unpunished. All these began with Nellie. Second thing that I observed over and over again is the absence of justice. Without that it is impossible to heal the wounds. People are living with wounds in heart which is impossible to heal and it is very visible in the people of Nellie. Closing the charge sheeted cases and giving a pittance of Rs. 5000 as compensation represents second class citizenship treatment to Muslims. Last thing that struck me is how the rest of India forgot the whole incident. Injustice happened in such grave magnitude and people just forgot it.
Harsh Mander in Nellie
TCN: Peace process involves negotiation with former enemies so the question of justice always gets sidelined or dropped. Pittance of compensation is given and the issues of justice are closed. Views of people of Nellie were never taken into account in the peace process. Still is there any hope for the people of Nellie for justice?
Harsh: The whole word compensation is a heartless word; I prefer reparation. Even reparation alone can never heal the sufferings. In this case [Nellie] it is clear that even medical care was inadequate. In terms of livelihood in Nellie villages, it’s still not visible. Hopelessness is prevailing. The larger issue of neglecting justice resulted in recurring of communal violence. Gujarat was the classic example. Even in 1984, the massacre of Sikh communities that happened in Delhi, the national capital, there has been no justice even after 24 years even though there were lots of goodwill efforts by the intelligentsia. When we talk to people we find each individual victim is still longing for justice. I think it is important for people to hear how the killings took place. Clearly they wanted and are longing somebody to hear their sufferings.
TCN: Trauma is another issue that emerged specially among children. How to address the mental health in such cases?
Harsh: It happened due to failure of both state and civil society groups. Simply they were longing someone to listen to their sufferings, someone to share a shoulder. Psychological support and a sense of togetherness will help them.
TCN: what is your view on the role of civil society in Nellie massacre?
Harsh: I consider myself as insider as I was born in Shillong and spent my childhood here and also as Indian I am an insider. I have a right o speak on the issues of North East India. The role of civil society groups in Assam …. I have found them remarkably reluctant to take up the issue of Bengali Muslims excluding a few respectable individuals and the entire communization and insecurity to which they [Bengali Muslims] are subjected over a period of time. It is not an issue that NGOs have addressed here.
TCN: How do you assess Assam and Gujarat in terms of minority rights?
Harsh: Gujarat as a state is openly contumacious of any constitutional duties. They refused to set relief camps. People themselves are protecting themselves by setting up camps which were disbanded by the government refusing of any relief camps in the state. Subversion of justice is very strong in Gujarat. The human rights activists have worked. No one is punished both in Nellie and Gujarat. If people were punished in Nellie and Bhagalpur, Gujarat could have been avoided. No one questioned the issues of impunity. In Assam the state has not performed its duty. It has performed badly but not refused openly.
TCN: What is your impression on the continuous violence in Assam?
Harsh: I think Assam is looking into India and India looking into the whole world. The issues we are thinking in national level and global level as well as the issues of minority rights, bitter division is going on instead of reducing communal tension. Modernity in 21st century is taking strange form, changed values of modern world is the resurgence of communality. Democracy has been redefined and reworked around in the aftermath of the breakup of Soviet Union. Global enemy is declared as the Muslim world. It was reinforced in Nellie.
TCN: What is your opinion on the Muslim political parties being formed in Assam?
Harsh: Instead of a Muslim party a secular party is required. Having Muslim party would again reinforce communal agenda.
TCN: Minority rights in India are not portraying a good condition of minorities – Christians in Orissa, Muslims in Gujarat etc. Why this happened?
Harsh: The Constitution guarantees equality and freedom to all. The attack on Babri Masjid in 1992 and subsequently people who were responsible for it was a major issue. State government went to the national government. The mainstream legitimacy prevailed ultimately to have a secular India.
[About Harsh Mander: He was the member of the Indian Administrative Service (IAS). He resigned in 2002 after the Gujarat riots. Mander has served as a deputy director of the IAS Academy at Mussoorie. He has also served as the district collector and managing director of the SC/ST Finance Corporation and as a director of ActionAid India. He was honored with the M. A. Thomas National Human Rights Award from the Vigil India Movement in 2002. After quitting the Indian Administrative Service Harsh Mander devoted himself to pursue the objectives of justice, reparation and reconciliation. Nyaya-agraha: Campaign for Legal Justice and Reconciliation in Gujarat is led by Harsh Mander. Nyaya-graha, a group comprising young lawyers and human rights activist, drawn mainly from the victim communities in various districts of the state, is involved mainly in monitoring and intervening in the cases that have been reopened for investigations following Supreme Court’s intervention in August 2004.]