ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846

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The Importance of Zakia Jafri's Protest Petition

The protest petition filed by Zakia Jafri against the Supreme Court appointed Special Investigation Team report, which absolved Narendra Modi of all responsibility for the 2002 killings in Gujarat, is an important step towards justice for all the victims. This article recapitulates the long and diffi cult battle for justice through the courts and exposes the complicity of the SIT in protecting Modi from his crimes.

It is not often that the battle against aggressive communalism gets sustained and validated through courts of law. This communalism is not just visible in instances of violence but encompasses the sustained mobilisation that precedes the violence, it includes hate speech and writing, as well as the deliberate debilitation of preventive measures of law and order to prevent such violence and protect the lives and properties of citizens. In the south Asian context, majoritarian communalism, fed in an insidious manner by its minority prototype, has the proclivity to deteriorate into authoritarianism, even fascism. Events, past and present, in Sri Lanka, Pakistan or India are testimony to this. In the cases of all countries of the region, communalists of the majority find ready partners with their mirror-images among the minority.

For over four decades now, aggressive communalism has made deep inroads into the pillars of the Indian republic, executive, legislature and even the judiciary. The calculated, and bloody mobilisation of an ostensibly religious kind by India’s main opposition party from the late 1980s was purely political; it consolidated a vote bank of middle- and upper-class Hindus while demonising the “minority vote bank” as the raison d’être for its existence. This section of Indians, fortuitously a numerical minority yet substantial in numbers at 27 to 30% of the overall vote, has aggressively celebrated the bloody attacks on minorities and on its opposition. Writers and commentators have analysed this phenomenon as the republic’s descent into proto-fascism, with forces of the Hindu right (the Bharatiya Janata Party (BJP) – the parliamentary wing of the Rashtriya Swayamsevak Sangh (RSS) – and its other avatars, the Vishwa Hindu Parishad (VHP) and the Bajrang Dal (BD)) manipulating institutions of democratic governance. Our administration, our police, even our courts of justice barely withstood this systemic onslaught.

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