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RELIGIOUS PERSPECTIVES ON HUMAN RIGHTS
E-Newsletter
Vol.1 No.11
August 23, 1999
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Religious Perspectives on Human Rights is now available online at: http://www.rghr.net
Religious Perspectives on Human Rights is a weekly e-newsletter issued by Buddhist, Muslim, Catholic and Christian Groups on Human Rights, initiated by the Asian Human Rights Commission.
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Post Script; Information just received indicates that the
charges against the two eminent persons have been withdrawn by
the police and that ends the case of this unfair harassment.
Police Harassment of Bishop Dr. A.
George Ninan
Bishop Dr. A. George & Dr. James Massey continue to be
victims of police harassment due to the bold stand they took
jointly with the Christian for A Secular Democratic India (a
recently formed national forum bringing together radical
Christians committed to strengthening secular democratic polity
and distancing themselves from otherwise communal/fanatical
responses in the present situation) in defeating the forces of
fascism in the country during the forthcoming Parliamentary
Elections `99.
An editorial written in The Asian Age (a daily newspaper with
world-wide circulation) highlighting the issue in the context of
Wadhwa Commission 's findings on the murder of Australian
missionary Graham Stains and his two sons in Orissa earlier this
year sums it up aptly as:
"…and it is not surprising that coinciding with its
release, the Maharashtra government has issued arrest warrants
against National Minorities Commission member Dr. James Massey
and Bishop of Nasik Dr. George Ninan. For doing little more than
attending a small meeting of Christians social activists at
Ahmednagar after which Bishop Ninan admitted to persistent media
persons that he would personally not be voting for the Shiv Sena
or the Bharatiya Janata Party (BJP). That was enough to get the
local Shiv Sainics to file an FIR with the police against the two
well-respected members. And the police machinery, which is
over-protective about criminals like Dara Singh, has been very
efficient in harassing Bishop Ninan with investigating officers
making numerous visits to his residence. The deputy chief
minister of Maharashtra, Mr. Gopinath Munde, is in charge of home
affairs and the police and the harassment of the Bishop can be
directly placed at his door. This is part of the continuing
attack on the Christian minorities and an issue which the Wadhwa
Commission report does not address…"
At a National Consultation on KAIROS INDIA 2000; A Process for
Reflection for Social Activists from 1- 3 August, at Ahmednagar
in Maharashtra, about 40 social activists, academics and
community leaders deliberated on the question of future of social
action at the grass-roots level while taking stock of the past
25-years of involvement in the people's struggles. A draft
Statement of Conscience to be issued on the elections eve
clarifying the political position of social action groups was
discussed.
At a press conference on 2 August, jointly addressed by Bishop
Dr. George Ninan and Dr. James Masssey, the contents of the
statement calling people to strengthen the secular democratic
polity by defeating the Bharatiya Janata Party (BJP) were shared.
Being questioned on the alternative, a response based on regional
reality and progressive party alliances was suggested. During
such questioning by the press, Bishop Ninan suggested that
personally he would support the Nationalist Congress Party in
Maharashtra.
The report appearing next day i.e. 3 August in the press
included various versions of the statement, emphasising the
Brahminic, Manuvadi Fascist tendencies and Hindutva ideology for
opposing the BJP party at the forthcoming elections.
On August 4, when the citizens along with the CNI diocesan
community of Nasik were celebrating the life and works of Bishop
Ninan on his retirement from active Bishopric of five years,
news-papers reported that police was taking suo motto action
against Bishop Ninan and Dr. Massey u/s 125 of the Representation
of People's Act,1951, which deals with 'an attempt to promote on
grounds of religion - community - feelings of hatred between
different classes of the citizens of India'. This is a
non-bailable offence with three years of imprisonment or fine or
both.
People's perception about such an action was that the case
instituted against Bishop Ninan and Dr. Massey was not only false
and fabricated but politically motivated. The visit of the Dy.
Chief Minister & Home Minister of Maharashtra State, Shri
Gopinath Munde on August 3 to Ahmednagar strengthened such a
people's perception.
The public reaction on this news was that of anger and
protest, as it amounted to violation of civil liberties under
Article 19(1) (a) of the Constitution guaranteeing freedom of
speech and expression. Opinions sought from legal luminaries like
Adv. K.G. Kannabiran, National President, People's Union For
Civil Liberties, Justice S M Daud, (retired), Adv. R
Venkatramani, etc., confirmed that the FIR was a frivolous piece
of document and must be thoroughly exposed. The statement issued
both by the Bishop Ninan & Dr. Massey did not violate any
section of the Representation of People's Act, 1951 leave a side
section 125, under which the criminal case has been registered.
A section of the FIR makes an interesting reading:
"……it is alleged that Rev. Dr. James Massey,
Member , Minority Commission, Government of India, New Delhi,
used government transport to attend the press conference at St.
Savior's High School Meeting Hall wherein the issue of the
forthcoming Parliamentary and Assembly elections was discussed.
He addressed the Christian community with the intention that the
churches should not now pray for good change or good assistance
and help but instead play a dynamic and important role in the
forthcoming elections. The member of the churches should vote for
such persons who will fight against Fascism, Brahminism and
Manuvad and protect the poor, the dalits and marginalised from
such 'isms'. At present the democratic process in our country is
in danger of being suppressed by dictatorship and we need to
safeguard secularism from being communalised. Such statements
were made at the said press conference and pamphlets asking the
Christian voters to desist from voting for BJP but instead vote
for Congress-1) and the Nationalist Congress Party. They (Rev.
Ninan and James Massey ) urged the minority Christian community
challenging them to vote for either the Republican Party,
Congress- 1 or Nationalist Congress Party…"
(English translation from Marathi original - unofficial)
In fact, the entire FIR is baseless as neither any pamphlets
nor any statement to the effect of calling the minority Christian
community to vote for or against any particular political party
was distributed during the press conference or the National
Consultation. A Draft Statement entitled: A STATEMENT OF
CONSCIENCE AGAINST THE FORCES OF FASCISM, being finalised to be
issued on the Election eve prepared by a draft committee of which
neither Bishop Ninan nor Dr. Massey was a member. The press
statement circulated by Dr. Rev. James Massey at the press
conference was, in fact, in English, and did not contain any
statement or calling to vote for or against any particular party.
On August 6, around 11 a.m. the police Sub-Inspector, along
with a policeman and a tailor from the minority Christian
community came to Bishop Ninan’s office, and informed him of
the crime registered by the Tofkhana Police Station, Ahmednagar.
The Police Sub-Inspector also informed Bishop Ninan that he would
arrest him. However, Bishop Ninan’s bail arrangements had
also been informally made by the police, and if Bishop Ninan took
bail, the matter would rest there, for the time being. The tailor
from the Christian community was brought by the police with this
purpose of offering bail on behalf of Bishop. Bishop Ninan
refused to take the bail and offered to be arrested, as he had
not committed any crime. He further said that it was on moral
grounds that he was refusing to be released on bail, as he had
not violated any law but had freely expressed his personal
political option during the forthcoming Parliamentary Elections
`99.
At this time, staff and citizens present in the vicinity of
Bishop’s Office also offered to voluntarily court arrest in
solidarity with the Bishop and in protest against the police
harassment. The police party returned with the promise to return
in the afternoon to arrest Bishop Ninan.
By the afternoon, citizens of Ahmednagar, cutting across
religious lines, gathered in the Bishop’s House in large
numbers. Public opinion was also mobilised on what was a blatant
act of police harassment. By the evening it became clear that the
police wold not come to arrest Bishop in spite of threat. But the
citizens continued to express their anger and protest on this
matter.
On August 7, representatives of the citizens, including
lawyers, teachers, youth, women, political and social leaders met
the District Administration with their two main demands:
a) Unconditionally withdraw false and
fabricated criminal case against Bishop Dr. A
George Ninan and Dr. Rev. James Massey:
b) Independent inquiry into the complicity of
the politicians and officials into the matter and
take appropriate action against the erring
persons.
Similar demands were sent with protest telegrams and faxes to
the Chief Secretary, Government of Maharashtra from all over the
country by renowned individuals and people’s organisations.
Signature campaign demanding un-conditional withdrawal of the
false criminal case, Satyagrahis offering to voluntarily court
arrest, women and children offering to take out marches and
rally, were being planned.
On August 9, a memorandum containing 5,500 signatures was
submitted to the District Magistrate, Ahmednagar. People also
came from neighbouring rural areas to join the protest
programmes.
Protest letters and statements were issued by people’s
organisations and political parties. Prominent among these were
People’s Union for Civil Liberties, Indian Social Action
Forum (INSAF), Chattisgarh Mukti Morcha, Vikas Adhyayan Kendra,
Republican Party of India, Communist Party of India (Marxist),
Nationalist Congress Party, Congress-1. Citizen’s Forum met
at New Delhi to decide to stage a day-long Dharna in front of
Maharashtra Bhawan on August 13. Similarly, solidarity groups
were formed in Bangalore, Ernakulam, Nagpur, Mumbai, etc., where
social action groups, human rights organisations, artists, and
academics are planning protest and legal action in the matter.
Manav Hakk Jagruti Abhiyan at Ahmednagar brought together citizen’s
for action on the street and in the court.
A meeting of about 40 individuals and organisations of Mumbai
on August 11 has decided to file a Writ Petition challenging the
FIR. In addition, public protest meeting is being organised to
highlight the harassment of Bishop Ninan.
In the meantime, the Chairman of the Commission on Minorities
of Government of India has written to the Prime Minister and Home
Minister of India to look into the matter.
According to reports available here, the District
administration of Ahmednagar has formed a five-member
sub-committee consisting of three revenue and two police
personnel to look into the matter. The public is, however, not
satisfied with the move, as it wants the false case to be
un-conditionally withdrawn. According to some of them, if the
government was serious about investigating the case, it should
have appointed a high-level enquiry commission, and not depend on
local government servants who were vulnerable to political
pressure.
Bishop S George Ninan has shifted to Mumbai after his
retirement from office of Bishop of Nasik Diocese of the Church
of North India. He is, in fact, looking forward to continuing his
ecumenical ministry by taking charge as the first ever full-time
Secretary of the Joint Council of CNI, CSI & Mar Thomas
Church in India, a prestigious position offered to him only on
August 12, 1999.
ANNOUNCEMEN
Some items from the past issues of this E-Newsletter are
colourfully presented in the Human Rights SOLDIARITY Volume 9.
No. 8, August 1999 issue:
NEW PUBLICATIONS. The Buddhist Teachings on Human Liberation-
A Doctoral Thesis- By Dr. Nalin Swaris
Posted on 1999-08-23
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