23.05.2006 - Source: Amnesty International

Annual Report 2006 ("Annual Report 2006") [ID 15843]

"Many of the abuses suffered by Muslim women in Gujarat in 2002 fell outside the definition of rape in national law, thereby hampering victims’ quest for justice."

Document(s): Open document

23.05.2006 - Source: Amnesty International

Annual Report 2006 ("Annual Report 2006") [ID 17223]

"Survivors of targeted killings and sexual violence in 2002, some of which had amounted to crimes against humanity, continued to be denied justice and reparations. Key cases relating to these killings and sexual assaults of Muslim women in which complainants had sought transfers to courts outside the state, were still pending in the Supreme Court at the end of the year. In December a mass grave containing the remains of Muslim victims was found."

Document(s): Open document

27.01.2005 - Source: Amnesty International

Report focused on failures of the Gujarat state to prevent grave human rights abuses perpetrated against women (violence against women, justice, state responsibility for abuses by private actors, areas of state failings) ("Justice, the victim - Gujarat state fails to protect women from violence (Summary Report)") [#28565],  [ID 7113]

Document(s): Open document

13.01.2005 - Source: Human Rights Watch

Annual report on human rights situation in 2004 ("World report 2005") [#28211],  [ID 7114]

"[...]The Gujarat government’s failure to bring to justice those responsible for massive communitarian riots in the state, in which thousands of Muslims were killed and left homeless, continues to be a source of tension throughout the entire country. However, the Supreme Court and the National Human Rights Commission have taken several positive steps to secure justice for the victims of the riots. [...]
The Indian Supreme Court has already ordered two Gujarat cases to be retried in another state. The criminal justice system in Gujarat, the Supreme Court concluded, had been “abused, misused and mutilated by subterfuge.” Human rights activists and lawyers have petitioned for fresh investigations and trials in a number of cases where it was felt that the local courts, prosecutors and police were hostile to Muslim complainants. Despite these positive developments, rights activists in Gujarat continue to be harassed on the basis of what police claim are their “anti-national activities.” Witnesses, however, remain vulnerable to threats. [...]"

Document(s): Open document

24.09.2004 - Source: Human Rights Watch

Gujarat: Report documenting Hindu extremists’ threats and intimidation of victims, witnesses and rights defenders fighting for the prosecution of those responsible for the killing and injury of Muslims during the 2002 riots ("Discouraging dissent: Intimidation and Harassment of Witnesses, Human Rights Activists, and Lawyers Pursuing Accountability for the 2002 Communal Violence in Gujarat") [#25744],  [ID 7115]

Document(s): Open document

26.05.2004 - Source: Amnesty International

Annual Report 2004 (covering 2003) ("Annual Report 2004") [#22668],  [ID 7116]

"Heightened tensions in Gujarat

Following widespread communal violence in the state of Gujarat in February and March 2002, the state continued to witness sporadic incidents of communal violence. More than 2,000 people had been killed in early 2002 in the wave of violence targeting the Muslim community. These killings followed an attack on a train in Godhra in February 2002 in which 59 Hindus were killed by a mob. Reports implicated police officers and members of Hindu nationalist groups, including the Vishwa Hindu Parishad (VHP) and the ruling BJP in the violence against Muslims.

There was increasing concern about the failure of the state government of Gujarat to ensure that those responsible for widespread communal violence in early 2002 were brought to justice. In many cases, attempts to hold the perpetrators accountable were hampered by the highly defective manner in which police recorded complaints. Victims complained that police failed to register complaints, or recorded details in such a way as to lead to lesser charges, omitted the names of prominent people who were pivotal in the attacks, and did not take appropriate action to arrest suspects, particularly where they were supporters of the BJP. Reports indicated that out of 4,252 complaints filed by individuals regarding the communal violence, 2,032 were closed even though the alleged abuses were found to have occurred. One of the reasons given by the police for closing the cases was that they were unable to identify the individual perpetrators.

Concerns about the impartiality of institutions in the state and the government’s commitment to ensure justice for the victims of communal violence were brought to the fore in June when 21 people accused of the murder of 14 people burned to death in the Best Bakery in Baroda on 1 March 2002 were acquitted. Following the acquittal, key witnesses indicated that they lied in court because they had been threatened with death unless they did so. Following a public outcry, the National Human Rights Commission (NHRC) carried out an investigation and subsequently filed a petition in the Supreme Court. The petition asked the court to provide protection to witnesses, to ensure a retrial of the case in a court outside Gujarat state, and to order the transfer of other ongoing key cases to courts outside Gujarat to ensure fair proceedings. During the proceedings the Supreme Court severely criticized the state government of Gujarat for failing to provide justice to victims of the communal violence and pointed to the possible collusion between the state government and the prosecution in subverting the cause of justice. Following the criticism, the Gujarat government amended its original appeal, this time seeking a retrial of the Best Bakery case. This was dismissed by the Gujarat High Court in December.

Following the investigation into the killing on 26 March of Haren Pandya, the former Home Minister of Gujarat, police reported that they had unearthed a series of conspiracies to target Hindus and prominent officials held responsible for the communal violence. From March onwards, scores of Muslims were reported to have been illegally detained in Gayakwad Haveli Police Station in Ahmedabad by Crime Branch police, reinforcing concerns about the break-down in the rule of law in relation to the Muslim minority in the state. Many of those formally arrested were charged under the Prevention of Terrorism Act. Police routinely resorted to arbitrary and incommunicado detention, denied detainees access to lawyers and medical attention, and used torture or ill-treatment to extract confessions. There were concerns that patterns of illegal detention may have been replicated in other areas of the state following a statement by a senior police officer which endorsed such actions. The widespread use of incommunicado detention by police against members of the Muslim minority in Ahmedabad is reported to have intimidated members of the Muslim community who were too scared to make official complaints.

Following comments in which the Chief Minister alleged that foreign-funded “five star activists” were maligning Gujarat and attacking India’s democratic system for the sake of their vested interests, there were reports that a committee had been set up to monitor the activities of those foreign funded non-governmental organizations which were active in the reconstruction of the state after the January 2000 earthquake.

Violence against women in Gujarat

The specific targeting of Muslim women in the communal violence of early 2002 remained unacknowledged by the state government and criminal justice system. Witnesses reported that a large number of women were beaten, stripped naked, gang raped and stabbed. Many of the victims were mutilated before being burned alive by mobs, allegedly led by Hindu nationalist groups. The stigma associated with sexual violence impeded many women from making formal complaints. Those who did lodge complaints were often faced with wholly inadequate responses from the police and the health, rehabilitation and justice systems. In some cases victims were asked to file their complaints with officers who had allegedly colluded with the attackers. Nearly two years after the attacks, the survivors still had no access to rehabilitation packages or procedures geared to their needs. [...]

Security legislation

The Prevention of Terrorism Act (POTA) continued to be used to detain political opponents and members of minority populations. The lapsed Terrorist and Disruptive Activities Act continued to be used to arrest people in Jammu and Kashmir by linking them to cases filed before 1995. Preventive arrest and detention provisions contained in other security laws as well as in the Code of Criminal Procedure were also misused against political and human rights activists.

There were grave concerns about recommendations of the Malimath Committee to incorporate into criminal law several provisions of the POTA which violate international human rights standards or which, if implemented, would lead to a heightened risk of human rights violations. For example, the Committee recommended that confessions recorded by a Superintendent of Police (or higher rank) which was also audio or video recorded should be admissible as evidence. Concerns that the provisions of the POTA could encourage the use of torture and ill-treatment by admitting such confessions appeared to have been realized in practice. In Gujarat several detainees alleged in court that their confessions were extracted under duress. Preventive arrests and detention continued to be used against political opponents using state legislation similar to the POTA in a number of states including Jammu and Kashmir, Andhra Pradesh, Arunachal Pradesh, Karnataka and New Delhi Union Territory. Only a handful of high-profile releases had been made by the end of the year despite a promise to review all cases of detainees held without trial for long periods under security legislation made under the Common Minimum Programme adopted by the new state government in Jammu and Kashmir."

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24.05.2004 - Source: US Committee for Refugees and Immigrants

Annual report on conditions affecting refugees and asylum seekers in 2003 ("World Refugee Survey 2004") [#22816],  [ID 7117]

"At least 650,000 persons were internally displaced in India. Among the displaced were 250,000-450,000 Kashmiris, an estimated 250,000 members of tribal groups in northeast India, an unknown number of persons, mostly Muslims, in Gujarat State in western India. The government impedes international access to internally displaced persons, and labels them migrants. [...]

In 2003, sporadic violence and looting continued in Gujarat. Dominant castes and non-Muslims seized Muslim land following the 2002 riots.

The federal and state governments provided inadequate protection, assistance, and compensation to the displaced, most Muslims. Individuals released on bail from charges arising from the 2002 riots pressured displaced people to withdraw cases against them, threatening to use force to prevent them from returning to their homes. No estimates were available of the persons remaining displaced at the end of 2003."

Document(s): Open document

19.04.2004 - Source: BBC News

Gujarat: 20 people charged over the alleged gang rape and murder of Muslims in an incident during 2002's Gujarat riots ("Twenty charged over Gujarat riots") [#21550],  [ID 7118]

Document(s): Open document

12.04.2004 - Source: BBC News

Gujarat: Supreme Court has ordered a retrial of the Gujarat riot case ("Fresh trial for Gujarat riot case") [#21309],  [ID 7119]

Document(s): Open document

23.03.2004 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report on torture and other cruel, inhuman or degrading treatment or punishment (English, French and Spanish) ("Civil and political rights, including the questions of: Torture and other cruel, inhuman or degrading treatment or punishment; Report of the Special Rapporteur, Theo van Boven; Addendum: Summary of information, including individual cases, transmitted to Governments and replies received [E/CN.4/2004/56/Add.1]") [#23236],  [ID 7120]

Document(s): Open document

04.03.2004 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report containing summaries of urgent appeals and communications concerning the independence of the judiciary, administration of justice and impunity ("Civil and political rights including the question of: Independence of the judiciary, administration of justice, impunity; report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, submitted in accordance with Commission on Human Rights resolution 2003/43; Addendum: Situations in specific countries or territories [E/CN.4/2004/60/Add.1]") [#20570],  [ID 7121]

Document(s): Open document

01.03.2004 - Source: BBC News

The Indian government to grant citizenship to Hindus from Pakistan who have been living in India for more than five years ("Pakistani Hindus win India rights") [#19983],  [ID 7122]

Document(s): Open document

26.02.2004 - Source: Amnesty International

Gujarat: The Godhra and post-Godhra violence in Gujarat two years ago remains unpunished ("India: Gujarat -- Denial of Justice for Victims") [#19800],  [ID 7123]

Document(s): Open document

25.02.2004 - Source: US Department of State

USDOS: Gujarat: Religous Freedom ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 7124]

"[...]On January 10, the controversial Prohibition of Forcible Conversion of Religion Act that bans "forced" religious conversions was passed in the state of Tamil Nadu. In February, the "Freedom of Religion" Bill that provides penalties for conversion using allurement or force, including up to 3 years in prison and a fine of $1,000 (50,000 Rs), was passed in Gujarat. Conversions in Gujarat must be assessed by officials, and prior permission given by the District Magistrate. Human rights advocates believed that both laws make it more difficult for poor persons, mistreated minorities, and others ostracized under the caste system, to convert from Hinduism to another religion. Further, the Tamil Nadu law requires that persons involved in a conversion report it to the local magistrate within 10 days. Authorities in Tamil Nadu announced their intention to enforce the law as a deterrent to large-scale conversions. The Gujarat bill requires persons converting to have prior permission from the district authorities before conversion. [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

USDOS:Gujarat: Jurisdiction: Prejudice in favour of HIndus ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 7125]

"[...]Reports continued that Hindus received limited punishment for the 2002 Gujarat violence, while some Muslims complained of continued harassment and discrimination by the state government in Gujarat (see Section 5). In Gujarat, there continued to be credible evidence of prejudice in favor of Hindus and an unwritten policy of impunity against the perpetrators of 2002 religious violence. For example, the 70-page HRW July report noted that more than 1 hundred Muslims had been charged under the country's POTA for their alleged involvement in the 2002 train violence in Godhra. However, no Hindus had been charged under POTA in connection with the violence at year's end. Further, HRW reported "although the Indian government initially boasted of thousands of arrests following the [2002] attacks, most of those arrested have since been acquitted, released on bail with no further action taken, or simply let go. Police regularly downgrade serious charges to lesser crimes – from murder to rape to rioting, for example – and alter victims' statements to delete the names of the accused." Additionally, the report criticized the Gujarat state court, which in June, acquitted 21 persons accused of burning alive 12 Muslims in a bakery in Vadodara after 35 of the 73 witnesses retracted their statements (see Section 5). In September, the Supreme Court expressed its displeasure at the authorities in Gujarat for its handling of the "Best Bakery" case. Various human rights organizations have appealed to the Supreme Court to move certain cases outside the jurisdiction of Gujarat. The Supreme Court is scheduled to hear this matter starting in January 2004. [...]"

Document(s): Open document

25.02.2004 - Source: US Department of State

USDOS: Gujarat: Societal violence against women ("Country Reports on Human Rights Practices - 2003") [#19765],  [ID 7126]

"[...]Societal violence against women was a serious problem. In January, the National Commission for Women reported that it was dissatisfied with the Gujarat government's handling of rape cases stemming from the 2002 riots, noting that there were no convictions during the year. [...]"

Document(s): Open document

06.02.2004 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report focused on human rights and fundamental freedoms of indigenous people (summary of cases transmitted and replies recieved) ("Indigenous issues: Human rights and indigenous issues E/CN.4/2004/80/Add.1") [#20571],  [ID 7127]

Document(s): Open document

22.01.2004 - Source: BBC News

Federal police have arrested 12 people on charges of murder and gang rape during the 2002 Gujarat riots ("Arrests over Gujarat riots case") [#18931],  [ID 7128]

Document(s): Open document

01.01.2004 - Source: Asian Centre for Human Rights

Analysis of the POTA (Prevention of Terrorism Act) judgement and POTA Amendment Bill 2003 ("Interpreters of the Draconian: An analysis of the POTA judgement and POTA Amendment Bill 2003 (ACHRF/01/2004)") [#18832],  [ID 7129]

Document(s): Open document
Open document

25.11.2003 - Source: BBC News

Gujarat: 12 Hindus have been given life prison sentences for killing Muslims in religious riots last year ("Life in prison for Gujarat guilty") [#17875],  [ID 7130]

Document(s): Open document

20.11.2003 - Source: BBC News

State of Gujarat: a chief of Sabarmati jail has been accused by authorities of inciting chaos among inmates by giving them too much freedom and violating rules ("Gujarat jail boss 'caused chaos'") [#17788],  [ID 7131]

Document(s): Open document

10.11.2003 - Source: Amnesty International

Gujarat: Human rights defender, full time coordinator of the Citizens for Justice and Peace (CPJ), a non governmental organization based in Ahmedabad has been receiving renewed death threats ("India - Further information on UA 201/03") [#17499],  [ID 7132]

Document(s): Open document
Open document

06.11.2003 - Source: Amnesty International

Report presenting well-founded reports of the use of arbitrary and illegal detention by Crime Branch police in Ahmedabad in the past year ("India: Abuse of the law in Gujarat: Muslims detained illegally in Ahmedabad") [#17350],  [ID 7133]

"[...] This document presents well-founded reports of the use of arbitrary and illegal detention by Crime Branch police in Ahmedabad in the past year. Evidence is also presented of the torture and ill-treatment of detainees. These human rights violations are being carried out in the context of a large number of arrests of individuals suspected of involvement in a range of alleged conspiracies against the state(1). These alleged conspiracies include the killing of 59 Hindus in Godhra in February 2002 (which sparked communal violence resulting in the deaths of over 2,000 Muslims in the following three months) and subsequent acts of violence which are alleged to have been planned and carried out in retaliation for the killing of Muslims (further information is provided in Section II of this report).

All those formally arrested and charged in relation to these conspiracies are Muslims and almost all have been charged under provisions of the Prevention of Terrorism Act, 2002 (POTA).(2) Many of these spent periods of time in illegal detention prior to their "formal" arrest. Others reportedly continue to be held indefinitely in illegal detention.

This report focuses on the abuse of arrest and detention procedures in relation to these arrests. It reinforces concerns about the breakdown of the rule of law in relation to the Muslim minority in the state and the increase in human rights violations facilitated by the use of POTA. (3) Amnesty International is also aware of significant concerns about procedures for fair trial raised by advocates acting for some of those detained under POTA. [...]

The context in which these arrests have been taking place is one of heightened communal tension, with allegations that the ruling Bharatiya Janata Party (BJP) government of the state actively connived in violence against Muslims perpetrated in the aftermath of the killing of Hindus in Godhra in February 2002. (7) More than 2,000 people, predominantly Muslims, were killed, and thousands more were displaced from their homes between the end of February and May 2002 in Gujarat. Sporadic incidents of communal violence continue to this day. Allegations of state connivance in the violence against Muslims have been given strength by the failure of the criminal justice system to bring those responsible to justice - a fact highlighted by the Supreme Court in a recent order which reportedly referred to "connivance" between the government and prosecution service.

As of mid-October, Amnesty International understands that there are 82 accused in detention in the Godhra conspiracy case. Around 50 accused have been declared to be absconding.

The authorities in Gujarat allege that in retaliation for the violence against Muslims, a series of conspiracies were hatched, to target Hindus and prominent officials held responsible. The former Home Minister of Gujarat Haren Pandya was shot dead on the morning of 26 March 2003. In the wake of his killing and following a series of arrests, Gujarat police claimed to have uncovered a wide-ranging conspiracy. The conspiracy was alleged to have encompassed a series of bomb blasts in Gujarat in May and September 2002 and an attack on Vishwa Hindu Parishad [World Hindu Council] leader Jagdish Tiwari. Young Muslim men were alleged to have been trained by the Inter Service Intelligence agency (ISI) in Pakistan. This has become known as the "ISI conspiracy", for which Amnesty International has been informed that police filed a First Information Report under which offences can be filed for a period running from April 2002 to April 2003. Scores of suspects have been detained illegally or formally under POTA in connection with this conspiracy, including the two men referred to below.

An attack on the Akshardham Hindu temple on 24 September 2002 in Gandhinagar in which at least 26 people were killed and over 40 injured has also led to allegations that the attack was planned by "Islamic militants and Pakistani intelligence operatives" and has led to a number of arrests in Gujarat, Andhra Pradesh and Jammu and Kashmir.

III. Bias within the criminal justice system in Gujarat


The processes of seeking redress by victims of communal violence in Gujarat have raised concerns about the impartiality of institutions of the criminal justice system in the state, including the police, prosecution service and elements of the judiciary. This led to the National Human Rights Commission (NHRC) in August 2003 filing a Special Leave Petition in the Supreme Court seeking orders for five key cases in which individuals are accused of perpetrating communal violence, to be tried outside the state, expressing deep concern about the "damage to the credibility of the criminal justice delivery system and negation of human rights of victims." [...]"

Document(s): Open document
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05.09.2003 - Source: Human Rights Watch

Gujarat: 3 activists harassed and intimidated for their efforts to protect witnesses to last year's massacres ("India: Protect Gujarat Activists Now") [#15807],  [ID 7134]

Document(s): Open document

02.09.2003 - Source: Amnesty International

Gujarat: 3 human rights defenders have received a number of threats/ they are involved in protecting witnesses, who have provided testimony against those accused of taking part in communal violence in February and March 2002 ("INDIA - Further Information on UA 201/03") [#15716],  [ID 7135]

Document(s): Open document

23.07.2003 - Source: Amnesty International

Gujarat: 2 men detained by Crime Branch police officers of the police tortured/ their wifes were harassed ("India - UA 222/03") [#14626],  [ID 7136]

Document(s): Open document

14.07.2003 - Source: Child Rights Information Network

Report focused on the effect of communal violence in Gujarat on children (sexual violence against women, youth arbitrarily detained or killed by the police) ("The Effect of Communal Violence in Gujarat on Children Communalization of Education Bonded Child Labor (An alternate report to the United Nations Committee on the Rights of the Child by Human Rights Watch)") [#19926],  [ID 7137]

Document(s): Open document

09.07.2003 - Source: Amnesty International

Gujarat: 21 people accused of the murder of 14 people at the Best Bakery in Baroda on 1 March 2002 acquitted for lack of evidence/ key witnesses threatened and harassed into withdrawing their testimony by Bharatiya Janata Party (BJP) politicians and other interested parties ("India: Best Bakery case - concerns for justice") [#14213],  [ID 7138]

Document(s): Open document

27.02.2003 - Source: Human Rights Watch

Gujarat: Impunity: one year after the beginning of communal violence that claimed over 2,000 lives, there have been no convictions of those responsible ("India: Carnage in Gujarat Unpunished: Communal Violence Continues") [#11057],  [ID 7139]

Document(s): Open document

14.01.2003 - Source: UN Human Rights Council (formerly UN Commission on Human Rights)

Report focused on violence against women (its causes and consequences) ("Integration of the human rights of women and the gender perspective: The violence against women [E/CN.4/2003/75/Add.2]") [#11278],  [ID 7140]

Document(s): Open document

26.09.2002 - Source: Human Rights Watch

Gujarat: attack at the Swaminarayan Hindu temple in Gandhinagar reported/ at least 30 people killed ("India: Keep Peace in Gujarat") [#8708],  [ID 7141]

Document(s): Open document

09.04.2002 - Source: Reporters Sans Frontières

Gujarat: Some 20 journalists attacked by police ("A group of journalists attacked by police in the state of Gujarat") [#6461],  [ID 7142]

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05.03.2002 - Source: Amnesty International

Gujarat: At least 242 people killed in the city of Ahmedabad since communal violence and rioting between Hindus and Muslims broke out ("India - EXTRA 19/02") [#5857],  [ID 7143]

Document(s): Open document

01.03.2002 - Source: Amnesty International

Gujarat: Reports of widespread communal riots in which nearly 250 people, a large number of whom appear to be unarmed civilians, were reportedly killed ("India: Equal protection to all citizens must be ensured in Gujarat") [#5722],  [ID 7144]

Document(s): Open document