COMMUNAL SITUATION IN THE COUNTRY

8.1 - Following the demolition of the RJB-BM structure by kar sevaks on 6th December, 1992, the communal situation in various parts of the country deteriorated sharply. By 7th December, 1992, communal violence had spread in Uttar Pradesh, Madhya Pradesh, Rajasthan, Gujarat, Maharashtra, Andhra Pradesh, Karnataka, Punjab, Bihar, West Bengal and Delhi. Curfew was imposed in many towns in the country as a precautionary measure as also to control the communal violence.

8.2 - By 8th December, 1992, the States of Assam, Kerala and Orissa were also affected by communal violence and the communal situation remained disturbed. The State authorities stepped up preventive measures including effective enforcement of prohibitory orders and arrest.

8.3 - By 9th December, the States of Meghalaya and J&K also had become affected by communal incidents.

8.4 - More than 200 columns of the Army were deployed in various towns of Uttar Pradesh, Bihar, Madhya Pradesh, West Bengal, Rajasthan, Gujarat, Maharashtra, Karnataka, Haryana, Kerala, Assam and Jammu & Kashmir.

8.5 - By 10th December the communal situation was gradually improving. The States that continued to be seriously affected were Maharashtra, Gujarat, Uttar Pradesh, Madhya Pradesh, Karnataka, Assam, and Rajasthan. On the 11th December, there was further improvement.

8.6 - The situation returned to normalcy in about a fortnight’s: time. There was recrudescence of violence in Maharashtra and Gujarat in January, 1993 but this was due to certain local factors also.

8.7 - Instructions have been given to the State Governments to organise relief and rehabilitation to the victims of the riots immediately. The National Foundation for communal Harmony has been in touch with the State Governments to identify the children who have been rendered destitute and who need assistance from the Fund.

8.8 - India is a large country with thousands of places where members of different communities live together in brotherhood and harmony. Unfortunately, the coverage of news of incidents and violent events completely overshadows the positive action taken, including heroic acts done, by members of one community to help the distressed members of another community. Already, some socially conscious journalists have highlighted such events to show that the traditional amity that has existed in India among the various communities is still very much there despite the provocative statements and acts of misguided
leaders and anti-social elements. - While what has occurred is of the greatest concern, the whole situation needs to be seen in proper perspective. If the total picture is kept in view, the present situation is far from discouraging and there is no reason why normalcy should not return soon to the few places which are still afflicted by communal tension.

STATEMENT BY HOME MINISTER IN PARLIAMENT

8.9 - The Union Home Minister made a statement in the Parliament on 18th December, 1992 on the events related to the demolition of the RJB-BM structure. Copy of the statement is at Appendix-XIV

ACTION TAKEN BY THE CENTRAL GOVERNMENT

8.10 - After the attack on the RIB- BM structure, proclamation for the imposition of the Presidents Rule in Uttar Pradesh and for the dissolution of the State Legislative Assembly was issued on the same day. However, the situation in the RJB-BM complex was very sensitive as large numbers of kar sevaks were still present in Ayodhya. The kar sevaks were in a defiant mood, in this situation, immediate rushing in of security forces would have resulted in large scale use of force violence. It was felt that it would be preferable to send the security forces in the night of 7-8 December, 1992 and use such minimum force as may be necessary to proceed towards the Ram Janma Bhoomi-Babri Masjid complex. The security forces moved in subsequently and secured the RJB-BM area and also took all ancillary measures for bringing the kar seva to a halt.

8.11- Mention has been made above (Overview) of the decisions taken on 7th December by the Government to ban communal organisations, to take strong action for prosecution of the offences connected with the demolition, to fix responsibilities of various authorities for their lapses relating to the events of December 6, to rebuild the demolished structure and to take appropriate steps regarding new Ram Temple. The last two decisions were further elaborated on 27th December as follows :

“The Government has decided to acquire all areas in dispute in the suits pending in the Allahabad High Court. It has also been decided to acquire suitable adjacent area. The acquired area excluding the area on which the disputed structure stood would be made available to two Trusts which would be set up for construction of a Ram Temple and a Mosque respectively and for planned development of the area.

“The Government of India has also decided to request the President to seek the opinion of the Supreme Court on the question whether there was a Hindu temple existing on the site where the disputed structure stood. The Government has also decided to abide by the opinion of the Supreme Court and to take appropriate steps to enforce the Court’s opinion. Notwithstanding the acquisition of the disputed area, the Government would ensure that the position existing prior to the promulgation of the Ordinance is maintained until such time as the Supreme Court gives its opinion in the matter. Thereafter the rights of the parties shall be determined in the light of the Court’s opinion.”

In persuance of these decisions an ordinance named ‘Acquisition of Certain Area at Ayodhya Ordinance’ was issued on 7th January 1993 for acquisition of 67.703 acres of land in the Ram Janma Bhoomi-Babri Masjid complex. A reference to the Supreme Court under article 143 of the Constitution was also made on the same day. Copy of the ordinance is at Appendix-XV and of the reference at Appendix-XVI.

8.12 - At the direction of the Central Government the State Government has set up a separate Cell headed by a senior police officer of the rank of Inspector General of Police to conduct and supervise the investigation of the attack on the media persons on 6th December. The Government has also decided that the media persons whose equipment was damaged would be allowed to import replacements and clear the same free of customs duty.

8.13 - Government has decided that the strongest action possible under the law will be taken to book the culprits who committed various offences connected with the demolition of the RIB-BM structure on 6th December, 1992 including those who incited and abetted the offences, Cases under the relevant provisions of law have been registered against certain persons and arrests have also been made. The offences are under investigation.

8.14 The manner in which the events of 6th December took place has given rise to suspicions of a deep rooted conspiracy on the part of the perpetrators of this crime. The Government is determined to take all possible steps to unveil the conspiracy, if any, in all its ramifications and to relentlessly pursue the offenders till they are brought to book. With this in view, the Government his handed over the investigation of the crime to the Central Bureau of Investigation, which is an investigating agency of the Government of India.

8.15 - A Commission of Inquiry headed by Justice Shri Manmohan Singh Liberban of the Punjab & Haryana High Court has been constituted to look into the sequence of events leading to, and all the facts and circumstances relating to the occurrences in the Ram Janma Bhoomi-Babri Masjid complex at Ayodhya on 6th December, 1992 involving the destruction of the Ram Janma Bhoomi-Babri Masjid structure, The Commission will also look into the role played by the Chief Minister and other ministers and officials of the Government of Uttar Pradesh and by the individuals, concerned organisations and agencies in the destruction of the RJB-BM structure. Deficiencies in the security measures and the assault on the media persons have also been included in the terms of reference of the Commission. A copy of the notification constituting the commission is at Appendix-NVIT.

8.16 - The Central Government has declared Jamaat-e-Islami Hind (JEIH), Islamic Sewak Sangh (ISS), Vishwa Hindu Parishad (VHP), Rashtriya Swayamsewak Sangh (RSS) and Bajrang Dal as unlawful associations under section 3 of the Unlawful Activities (Prevention) Act, 1967. The powers to take action under the various provisions of the Act have been delegated to the State Governments. Reports about the execution of the orders have started flowing in. Copies of the notifications under the Unlawful Activities (Prevention) Act are at Appendix-XVII.

8.17 - The Governors of Rajasthan, Himachal Pradesh and Madhya Pradesh reported that the Government of the State could not be carried on in accordance with the provisions of the Constitution After due consideration of the matter President’s rule was imposed in these States on 15 December 1992.

8.18 - The Central Government has taken note of the large variations in the quantum of the relief being given to the victims of communal riots among the States and has decided to see to it that the States adopt a uniform pattern of assistance throughout the country with a payment ex gratia of one lakh rupees to the next of kin in case of death and fifty thousand rupees to those who are permanently incapacitated. For the particular case of the riots following the demolition of the Ram Janma Bhoomi-Babri Masjid structure, Government has announced increase in the ex gratia amount in case of death of two lakh rupees as a one time exception. It has been decided to set up a fund for the repair and reconstruction of the places of worship destroyed during the riots. Government of India will also recommend to the States that in addition to the relief in case of death, grievous injury or permanent incapacitation, employment be also given to widows or wards where the earning member of the family has been killed or permanently incapacitated. Other reliefs such as allotment of tenements or house-sites to families rendered houseless, allotment of shops/space for kiosks to families to restart their business and bank loans for capital investments as also working capital for recommencement of industries and businesses affected in the riots have also been recommended to the State Governments. Similar measures have also been taken in the Union Territories.