Hostname: page-component-78c5997874-mlc7c Total loading time: 0 Render date: 2024-11-10T08:28:22.511Z Has data issue: false hasContentIssue false

Massacres, Majorities and Money: Reparation after Sectarian Violence in India

Published online by Cambridge University Press:  18 April 2016

Surabhi CHOPRA*
Affiliation:
Faculty of Law, Chinese University of Hong Kong

Abstract

This article evaluates reparation by the state after four of the worst episodes of violence against religious minorities in independent India. Examining official records obtained through India’s law on the right to information, I analyze government aid to victims after identity-based massacres over a 20-year period. I argue that there is a well-established repertoire of assistive measures after sectarian violence but, despite the resources available within a politically stable state, aid for victims of mass violence in India is unimaginative and meagre. I argue further that the political opportunity structure for reparations is limited by the fact that sectarian mobilization is embedded within electoral politics in India. Just as sectarian politics led governments to tolerate mass violence, it constricts the checks and balances that might lead to adequate reparation after violence subsides. I then suggest that opportunities to negotiate better reparation for victims expand over time, and propose that a law on reparation would constrain state bias and strengthen opportunities for victims to demand the support that they need.

Type
Law and Society in South Asia
Copyright
© Cambridge University Press and KoGuan Law School, Shanghai Jiao Tong University 

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Footnotes

*

Assistant Professor, Faculty of Law, Chinese University of Hong Kong. I first explored some of the ideas in this article while co-ordinating a project at the Centre for Equity Studies in New Delhi on the Indian state’s response to mass violence. I am very grateful to Harsh Mander at the Centre for Equity Studies for his support and advice. I would also like to thank the International Development Research Centre, and Navsharan Singh in particular, for supporting this project. Project findings were presented in Chopra (2014a). This article—Section 4 in particular—draws upon my work in Chopra (2014b), pp. 311–31, but rather than the more descriptive focus of my previous work, seeks to analyze the flaws in Indian reparation programmes and consider why they recur. Correspondence to Surabhi Chopra, Asia Regional Office, 208 Jor Bagh, New Delhi 110 003, India. E-mail address: surabhi.chopra@post.harvard.edu.

References

Administrative Reforms Department, Government of Assam (1976) Assam Relief Manual, 16 June, online <http://sdmassam.nic.in/pdf/assam_relief_manual.pdf> (last accessed 6 November 2015).+(last+accessed+6+November+2015).>Google Scholar
Ahooja, R.K. (1986) Ahooja Committee Report, New Delhi: Ministry of Home Affairs, Government of India.Google Scholar
Baruah, Sanjib (1986) “Immigration, Ethnic Conflict, and Political Turmoil—Assam, 1979–1985.” 26 Asian Survey 11841206.CrossRefGoogle Scholar
Bedi, Rahul (2009) “Indira Gandhi’s Death Remembered,” BBC, 1 November, online <http://news.bbc.co.uk/2/hi/south_asia/8306420.stm> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
Bhatt, Sheela (2002) “Muslims Don’t Want to Live in Harmony, Says Vajpayee,” Rediff, 12 April, online <http://www.rediff.com/news/2002/apr/12bhatt.htm> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
Bloomfield, David, Barnes, Teresa& Huyse, Luc (2003) Reconciliation after Violent Conflict: A Handbook , Stockholm: International Institute for Democracy and Electoral Assistance, 1018.Google Scholar
Brass, Paul R. (2003) The Production of Hindu–Muslim Violence in Contemporary India Jackson School Publications in International Studies, Seattle: University of Washington Press.Google Scholar
Bunsha, Dionne (2002) “Gujarat Game Plan,” Frontline, 3–16 August.Google Scholar
Bunsha, Dionne (2006) “Digging up the Dead,” Frontline, 14–27 January.Google Scholar
Chopra, Surabhi (2014a) “Nellie 1983,” in S. Chopra & P. Jha, eds., On Their Watch: Mass Violence and State Apathy in India—Examining the Record, Delhi: Three Essays Collective, 311331.Google Scholar
Chopra, Surabhi (2014b) “Relief, Compensation and Rehabilitation,” in S. Chopra & P. Jha, eds., On Their Watch: Mass Violence and State Apathy in India—Examining the Record, Delhi: Three Essays Collective, 311331.Google Scholar
Chopra, Surabhi, Jha, Prita Koli, Rekha Mander, Suroor& Rastogi, Anubha (2014) “Exercising the Right to Information,” in S. Chopra & P. Jha, eds., On Their Watch: Mass Violence and State Apathy in India—Examining the Record, Delhi: Three Essays Collective, 2153.Google Scholar
Concerned Citizens Tribunal (2002) Crimes against Humanity: An Inquiry into the Carnage in Gujarat—List of Incidents and Evidence (Vol. I), Mumbai: Concerned Citizens Tribunal, online <http://www.sabrang.com/tribunal/> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
De Greiff, Pablo (2006) “Justice and Reparations,” in P. De Greiff, ed., The Handbook of Reparations, Oxford & New York: Oxford University Press, 451476.CrossRefGoogle Scholar
Engineer, A.A. (1990) “Grim Tragedy of Bhagalpur Riots: Role of Police–Criminal Nexus.” 25 Economic & Political Weekly 305307.Google Scholar
Engineer, A.A. (2004) Communal Riots after Independence: A Comprehensive Account, Delhi: Shipra.Google Scholar
Farasat, Warisha (2013) “The Forgotten Carnage of Bhagalpur.” 48 Economic & Political Weekly 3439.Google Scholar
Hamber, Brandon (2000) “Repairing the Irreparable: Dealing with the Double-Binds of Making Reparations for Crimes of the Past.” 5 Ethnicity & Health 215226.CrossRefGoogle ScholarPubMed
Hashmi, Shabnam (2007) The Uprooted, Caught between Denial and Existence: A Document on the State of the Internally Displaced in Gujarat, Ahmedabad: Centre for Social Justice and Anhad.Google Scholar
Hayner, Priscilla B. (2001) Unspeakable Truths: Confronting State Terror and Atrocity, London & New York: Routledge.Google Scholar
Human Rights Watch (2002) “We Have No Orders to Save You”: State Participation and Complicity in Communal Violence in Gujarat, New York: Human Rights Watch.Google Scholar
Human Rights Watch & Ensaaf (2007) Protecting the Killers: A Policy of Impunity in Punjab, India, New York: Human Rights Watch.Google Scholar
Issacharoff, Samuel, & Mansfield, Anna Morawiec (2006) “Compensation for the Victims of September 11,” in P. De Greiff, ed., The Handbook of Reparations, Oxford & New York: Oxford University Press, 284320.Google Scholar
Jha, Prita (2014) “Gujarat 2002,” in S. Chopra & P. Jha, eds., On Their Watch: Mass Violence and State Apathy in India—Examining the Record, Delhi: Three Essays Collective, 155248.Google Scholar
Kaur, Jaskaran (2006) Twenty Years of Impunity: The November 1984 Pogroms of Sikhs in India, Portland: Ensaaf.Google Scholar
Khetan, Ashish (2011) “Here’s the Smoking Gun: So How Come the SIT Is Looking the Other Way?,” 8 Tehelka, online <http://archive.tehelka.com/story_main48.asp?filename=Ne120211coverstory.asp> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
Khilnani, Sunil (1999) The Idea of India, New York: Farrar, Straus and Giroux.Google Scholar
Kimura, Makiko (2003) “Violence and Collective Identity in the Narratives on the Nellie Incident.” 4 Asian Ethnicity 225239.CrossRefGoogle Scholar
Kriesi, Hanspeter (2007) “Political Context and Opportunity,” in D.A. Snow, S.A. Soule & H. Kriesi, eds., The Blackwell Companion to Social Movements, London: Wiley-Blackwell, 6790.CrossRefGoogle Scholar
Kumar, Abhay (2009) “Bhagalpur Riot Victims Get Justice,” Deccan Herald, 26 August.Google Scholar
Lutz, Ellen (2006) “Transitional Justice: Lessons Learned and the Road Ahead,” in N. Roht-Arriaza & J. Mariezcurrena, eds., Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice, Cambridge, UK, and New York: Cambridge University Press, 325341.CrossRefGoogle Scholar
Mander, Harsh (2009) Fear and Forgiveness: The Aftermath of a Massacre, New Delhi: Penguin.Google Scholar
Markovits, Claude, et al. (2002) “The End of the British Empire in India,” in C. Markovits, ed., A History of Modern India 1480–1950, London: Anthem Press, 468492.Google Scholar
Ministry of Home Affairs (1997) Guidelines on Communal Harmony, New Delhi: Government of India, online <http://www.mha.nic.in/sites/upload_files/mha/files/pdf/ComHor141008.pdf> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
Ministry of Home Affairs (2010) Revised Guidelines of “Central Scheme for Assistance to Civilians Victims”/Family of Victims of Terrorist, Communal and Naxal Violence, New Delhi: Government of India, online <http://www.mha.nic.in/sites/upload_files/mha/files/pdf/T-Guide141008.pdf> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
Minow, Martha (1998) Between Vengeance and Forgiveness: Facing History after Genocide and Mass Violence, Boston: Beacon Press.Google Scholar
Modi, Narendra (2002) “Should We Run Relief Camps? Open Child Producing Centres?” Outlook India, 30 September, online <http://www.outlookindia.com/website/story/should-we-run-relief-camps-open-child-producing-centres/217398> (last accessed 7 March 2016).+(last+accessed+7+March+2016).>Google Scholar
Moon, Claire (2012) “Who’ll Pay Reparations on My Soul?’ Compensation, Social Control and Social Suffering.” 21 Social & Legal Studies 187199.CrossRefGoogle Scholar
Nanavati, G.T. (2005) Justice Nanavati Commission of Inquiry Report: 1984 Anti-Sikh Riots Vol. I, New Delhi: Government of India.Google Scholar
Neier, Aryeh (1990) “What Should be Done about the Guilty?,” New York Review of Books, 1 February, 32–35.Google Scholar
New York Times (2015) “Timeline of the Riots in Modi’s Gujarat,” 19 August, online <http://www.nytimes.com/interactive/2014/04/06/world/asia/modi-gujarat-riots-timeline.html?_r=0> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
People’s Union of Civil Liberties and People’s Union of Democratic Rights (1984) Who Are the Guilty? Report of Joint Inquiry into the Causes and Impacts of the Riots in Delhi from 31 October to 10 November, New Delhi: PUCL, PUDR.Google Scholar
Press Trust of India (2002) “Modi Dissolves Assembly, Seeks Early Polls,” Press Trust of India, 19 July.Google Scholar
Rastogi, Anubha (2014) “Delhi 1984,” in S. Chopra & P. Jha, eds., On Their Watch: Mass Violence and State Apathy in India—Examining the Record, Delhi: Three Essays Collective, 81114.Google Scholar
Redress (2014) Articulating Minimum Standards on Reparations Programmes in Response to Mass Violations (Submission to the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence), London: Redress.Google Scholar
Roht-Arriaza, Naomi (2006) “The New Landscape of Transitional Justice,” in N. Roht-Arriaza & J. Mariezcurrena, eds., Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice, Cambridge, UK & New York: Cambridge University Press, 120.CrossRefGoogle Scholar
Sharma, Ashish (2008) “Govt to Compensate Bhagalpur Riot Victims,” Mint, 13 June, online <http://www.livemint.com/Politics/3UBIkOZ3NLEq9MToPAthTO/Govt-to-compensate-Bhagalpur-riot-victims.html> (last accessed 2 February 2016).+(last+accessed+2+February+2016).>Google Scholar
Sikkink, Katherine, & Walling, Carrie B. (2006) “Argentina’s Contribution to Global Trends in Transitional Justice,” in N. Roht-Arriaza & J. Mariezcurrena, eds., Transitional Justice in the Twenty-First Century: Beyond Truth versus Justice, Cambridge, UK & New York: Cambridge University Press, 301324.CrossRefGoogle Scholar
Singh, A.K. (1989) Bhagalpur Riots in Retrospect: Report of the Special Additional District Magistrate, Law & Order, Bhagalpur: Government of Bihar.Google Scholar
Singh, Manmohan (2005a) Intervention in the Motion, “Suspension of Question Hour and Motion for Adjournment on Need to Take Action against Persons Indicated by Nanavati Commission of Inquiry (Motion Negatived),” Lok Sabha Debates, Fourteenth Lok Sabha, Fifth Session, 10 August 2005.Google Scholar
Singh, Manmohan (2005b) Intervention in the Motion, “Urging upon the Government to Modify the Action Taken Report on the Justice Nanavati Commission of Inquiry and Calls upon the Government to Take Action against the Persons Indicated by the Aforesaid Commission,” Rajya Sabha Official Debates, Session 205 of the Rajya Sabha, 11 August 2005.Google Scholar
Tambiah, Stanley J. (1997) Leveling Crowds: Ethnonationalist Conflicts and Collective Violence in South Asia, Berkeley: University of California Press.Google Scholar
Tewary, T.D. (1984) Report of the Commission of Inquiry on Assam Disturbances, Guwahati: Government of Assam.Google Scholar
United Nations Human Rights Council (2012) Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, 13 September 2012, A/67/368.Google Scholar
United Nations Human Rights Council (2014) Report of the Special Rapporteur on the Promotion of Truth, Justice, Reparation and Guarantees of Non-Recurrence, 14 October 2014, A/69/518.Google Scholar
World Bank (2015) “GDP Growth (Annual Percentage),” online <http://data.worldbank.org/indicator/NY.GDP.MKTP.KD.ZG> (last accessed 1 November 2015).+(last+accessed+1+November+2015).>Google Scholar