Recommendations, LongTerm of the Concerned Citizens Tribunal, Gujarat 2002

1. COMMUNALISM COMBAT
NOV-–DEC 2002
65
Crime Against Humanity 
1. National Crimes Tribunal
1.1. A Standing National Crimes Tribunal be estab-
lished, forthwith, to deal with all cases of,
– Crimes against humanity, pogroms,
– Offences in the nature of genocide,
– Cases of mass violence and genocide,
– Cases of riots and incidents where there is large-
scale destruction of lives and property, including caste,
religious, linguistic, regional, ethnic and racial violence.
1.2. A suitable Statute should be enacted for the pur-
pose by Parliament
1.3. The Standing National Crimes Tribunal
(SNCT) should be an independent body, the person-
nel of which should be selected by a committee con-
sisting of the Chief Justice of India, the Prime Min-
ister of India and the Leader of the Opposition in
Parliament. Persons with legal and judicial back-
ground should be appointed on the tribunal for a fixed
tenure of not less than 7 years.
1.3. The members of the SNCT should be free to fol-
low such procedure as they may find fit notwithstand-
ing the provisions of any other law.
1.4. The SNCT should have the power to investi-
gate offences through its own investigating agency,
created for the purpose. The SNCT should have, for
its independent use, a special investigating and en-
forcing agency.
1.5. The SNCT should take cognisance of mass crimes
as soon as they occur. Once the cognisance of such
crimes is taken, no court should have the power to deal
with them. The SNCT should depose of these cases
within a fixed time-frame.
1.6. The SNCT should have the power to arrest, try,
and punish the accused, as well as to compensate, and
rehabilitate the victims and their dependents.
1.7. Jurisdiction, Admissibility and Applicable Law
For the purpose of the statute to be enacted, “mass
violence and genocide” should mean, as it does in the
International Convention on Prevention and Punish-
ment of the Crime of Genocide, any of the following
acts committed with intent to destroy in whole or in
part an ethnic, racial caste or religious group:
 Killing members of the group;
u Causing serious bodily or mental harm to mem-
bers of the group;
 Deliberately inflicting on
the group, conditions of life
calculated to bring about its
physical destruction in whole
or in part;
 Imposing measures in-
tended to prevent births within the group;
 Forcibly transferring children of the group to an-
other group.
In addition, the following acts should also be punish-
able under the proposed statutes:
 Genocide;
 Conspiracy to commit genocide;
 Direct and public incitement to commit genocide;
 Attempt to commit genocide;
 Complicity in genocide.
2. Crimes Against Humanity
2.1. Within the definition of crimes that fall under
the definition of crimes against humanity, sexual
crimes against women should be recognised as crimes
against humanity. Sexual crimes should not include
only rape in the conventional sense; but should also
include sexual slavery, debasing, enforced pregnancy,
enforced sterilisation, forcible insertion of any object
into the vagina. The definition of crimes against hu-
manity should also include attacks on the lives and
dignity of a section of the people, attempted or actual
obliteration of a section of the people, economic anni-
hilation of a targeted section, as well as their reli-
gious and cultural obliteration.
3. Gender Crimes
3.1. The definition of rape and sexual assault un-
der the new statute should recognise that it cannot
be restricted to the act, or the proof, of the penis
forcibly entering a woman’s vagina. Any object used
to abuse a woman’s body, and even verbal assault
should be considered a part of the same crime. The
present laws of evidence and procedures involve
medical examination of the victim as well as of the
accused, as proof of such an assault. In situations
such as that of mass rapes and gang rapes during
the recent violence in Gujarat, this is an impossibil-
ity because in some cases, where the victims have
fled for days on end if they have survived the as-
sault at all, or where the police has refused to file
any complaints, or have deliberately filed incorrect
complaints, no accused may be apprehended. It is
important that the onus of proof, in all such cases of
mass and gang rapes, should rest
on the accused and the victims
should not be burdened with proof
of the crime. The testimonies of
the witnesses, in cases where
women have been burnt or killed,
have to be given due weight as
Recommendations
Long Term
A Standing National Crimes Tribunal
be established, forthwith, to deal
with all cases of: crimes against
humanity, pogroms; offences in the
nature of genocide; cases of mass
violence and genocide.

2. 66
COMMUNALISM COMBAT
NOV–DEC 2002
Crime Against Humanity 
those of the victims themselves.
3.2. In most cases, the accused might be unknown,
or due to the presence of a large number of people, it
may be difficult to identify the persons involved directly
in the crime. In such situations, the state has to be held
responsible for the crime, for not protecting its citizens.
The persons holding responsible offices must be made
accountable for the same.
3.3. The concept of justice has to be widened in such
cases. It must deal, not only with the punishment of
those found guilty of the crime, but should also con-
sider reparation for the women who suffered physical
and mental injuries, since such assaults further cur-
tail women’s rights to be a part of mainstream social
life, besides inflicting a damning long term impact on
the coming generation. Precisely for this failure to pro-
tect the basic human rights of these citizens, the state
has to provide reparation. Financial reparations are no
doubt extremely important, but ought not to be seen as
full compensation. Since all individual women are not
in a position to register their complaints, reparation
should be provided to all women of the affected commu-
nity.
3.4. Women and witnesses who have come forward to
give testimonies should be given adequate protection by
the SNCT, holding the state and the offenders respon-
sible and punishable for any harm that may be caused
to them.
4. Justice and the Judiciary
4.1. The near collapse of the criminal justice system
in our country has made the deliverance of justice an
exception rather than the rule. It is a painful reality
and has to be acknowledged by all. Hence, when situa-
tions like the Gujarat carnage/genocide occur, where
mass scale violence takes place, it is unrealistic to ex-
pect prompt justice from the present system. It has,
therefore, become necessary to suggest a mechanism
such as the SNCT above, with special composition, sta-
tus, power and procedure. Section 11 of the UN Decla-
ration of Basic Principles of Justice for Victims of Crime
and Abuse of Power, 1985 envisages such a tribunal.
5. Supreme Court
5.1. The Tribunal therefore recommends that all nec-
essary steps including seeking direction from the Su-
preme Court and making a statutory recommendation
to the government of India to (i)
appoint such a Tribunal for fix-
ing the responsibility for acts
and omissions of officials and the
political executive in the
Gujarat carnage of February-
March 2002, and to ensure that
persons found derelict make res-
titution and reparation, and to
ensure compensation for all suf-
ferers in the violence (ii) enact a law on the Prevention
and Punishment of the Crime of Genocide. (iii) Such a
comprehensive law on riots and disorders should take
into consideration detailed recommendations made by
the National Police Commission, the NHRC and the
NCM.
6. Rehabilitation
6.1 A long term and systematic plan should be
worked out by the civic and town planning administra-
tions in urban centres in Gujarat, with the assistance
of the housing boards and housing financing authori-
ties, to actively break the aggressive, violent and en-
forced ghettoisation of Gujarat’s cities, especially
Ahmedabad, Vadodara and the like. This can be ensured
with adequate political and moral will, committed to
the belief that enforced ghettoisation makes communi-
ties more vulnerable as target groups for mass violence
and also actively prevents healthy interaction that breeds
tolerance between communities.
The municipal authorities and the housing boards of
cities in the state need to prepare plans that encourage
mixed, inter-religious, inter-caste housing. This is vital
for the future health of all sections of the population.
6.2. Provision of alternative housing to those who are
not in a position to return to their old homes, and the
formation of mohalla committees, to rebuild trust in
mixed neighbourhoods, will also go a long way in the
direction of rehabilitation.
6.3. Dissemination of accurate information about the
Muslim community, including their comparative socio-
economic development indices, statistics on bigamy etc.,
in an easily understandable form, will help prevent false
propaganda against them.
6.4. Dissemination of information on the history of
the struggle for independence, and the part played by
the different communities, classes and tribes in the free-
dom struggle, will increase awareness about the contri-
bution of all communities to the building of India as a
nation and their deep interdependence on one another.
6.5. Recruitment of a non–partisan, gender-sensitive
police force and bureaucracy, by building gender sensi-
tivity and impartiality indicators into the selection proc-
ess and following it up with periodic training pro-
grammes, is a must and must be followed strictly.
7. Police
7.1. Recommendations made by
the National Police Commis-
sion(1979-81), in order to estab-
lish the autonomy of the police and
free it from undue political con-
trol, should be accepted and im-
plemented immediately, espe-
cially in relation to:
 the setting up of a composite
State Security Commission to deal
The definition of rape and sexual
assault under the new statute should
recognise that it cannot be restricted to
the act, or the proof, of the penis
forcibly entering a woman’s vagina. Any
object used to abuse a woman’s body,
and even verbal assault should be
considered a part of the same crime.

3. COMMUNALISM COMBAT
NOV-–DEC 2002
67
Crime Against Humanity 
with, among other things, the selection of the police chief,
to ensure his autonomy, independence and professional
functioning, and to confer on him the fixity of tenure to
remove fear of punitive transfer and to empower him to
act within the ambit of his statutory authority;
 the evaluation of the performance of the police and
receipt of complaints from police officials about illegal
and irregular orders from above;
 recasting of the Police Act of 1861.
7.2. An independent Police Complaints Authority
should be created, on the lines of the British model, to
hear complaints from the public against police
isbehaviour. In the recent violent incidents in Gujarat,
a large number of complaints about human rights vio-
lations by the police had to be registered with the very
same police authorities who had committed the viola-
tions in the first place, creating a very bizarre situa-
tion. The creation of an Independent Police Complaints
Authority is essential to obviate such a situation in the
future.
7.3. The Tribunal is of the view that it is the ur-
gent need of the hour that law-enforcement be made
impartial, effective and humane. For impartial law-
enforcement, the functioning of the police must be
independent of political direction and interference.
Courses on human rights, the eradication of caste and
communal prejudices, and humane riot control meth-
ods should be included in the training programme for
police and other law-enforcement agencies. Training
of police personnel on the especially sensitive matter
of dealing with communal violence is also necessary.
The examination of video footage of telecasts by local
TV channels as well as of police videos, should be-
come mandatory, to identify and prosecute those found
guilty of making provocative speeches/statements and
indulging in acts of violence.
7.4. The social composition of all law-enforcement
agencies should be diverse, wherein the presence of at
least 25 percent of the personnel from among the mi-
norities and women should be ensured. For this pur-
pose, a study should be undertaken to assess the present
representation of these categories in the police and the
deficiency should be made up.
7.5. Recommendations of the Committee on Police
Training, 1972, should be implemented, especially in
relation to social justice and attitudinal reorientation of
the police through appropriate training on social justice
issues.
7.6. The need for the existence of centralised All In-
dia Services, such as the IAS and
the IPS, should be examined in the
light of increasing democratic de-
centralisation in the country. An
Administrative Reforms Commis-
sion with a comprehensive man-
date, should be set up to examine
a gamut of issues that arise in this
connection.
7.7. Official and NGO inquiries and investigative
reporting by eminent persons have noted the partisan
role of the police during riots. These reports include
those of the Justice Madon Commission (1970), Na-
tional Police Commission (1981), studies by Shri NC
Saxena (1983) and Shri VN Rai (1996), and finally, by
the Justice Shrikrishna Commission on the Mumbai
riots (1992–93).
The extremely partisan role of the law-enforcement
agencies has been generally attributed to the following
four factors:
 A culture of governance which makes the police
function as a subordinate body, carrying out orders and
directions of the political executive.
 Deeply entrenched communal prejudices in the
minds of a section of officials and police personnel.
 Social composition of the police and of the other
wings of the law-enforcement and criminal justice sys-
tem, wherein minorities are persistently under-repre-
sented.
 Lack of training in humane and effective mob con-
trol by the police. This is a state of affairs that needs to
be rectified and rectified quickly. The Tribunal notes
with anguish and concern that no political party has
ever paid heed to the urgent need for radical police re-
forms. The Tribunal recommends that this be a matter
that is debated and legislated upon with the utmost
urgency. Let it not happen that more carnages take
place and are condoned by the political class, simply
because they lack the moral courage to initiate and push
for an independent police authority in the country.
7.8. Legal provisions must be enacted to ensure res-
titution of rights and compensation to sufferers/victims
of the riots. (The rationale and modalities for taking
these measures have been discussed in the National
Commission on Minorities Report on Communal Riots:
Prevention & Control (1999).)
8. Civil Society
8.1. Joint forums of all social groups — castes, reli-
gions, etc. — should be created to discuss, debate and
deliberate upon all matters of common concern.
8.2. Common festivals and festivities should be or-
ganised not only on national occasions but also to cel-
ebrate the special occasions of all religious groups.
8.3. Discourses should be held to educate people
on the merits of each religion and the denigration of
any religion should be statutorily banned and made
punishable.
8.4. Mixed localities, housing com-
plexes, housing societies, clubs, educa-
tional and recreational institutions
should be promoted and social inter-
course and interactions including vol-
untaryinter-caste, inter–religiousmar-
riagesshould beencouraged.
The social composition of all law-
enforcement agencies should be
diverse, wherein the presence of at
least 25 percent of the personnel
from among the minorities and
women should be ensured.