THE TIMES OF INDIA, MUMBAI DESERVES CREDIT FOR GIVING WELL-DESERVED IMPORTANCE TO TISS REPORT REPORTEDLY ON THE BEHEST OF STATE MINORITIES COMMISSION
ON THE HIGH DETENTION RATE OF MUSLIMS (36% OF THE JAIL POPULATION TO ONLY
13% OF MUSLIM POPULATION IN THE STATE). HOWEVER, BOTH TIMES OF INDIA AND
TISS ARE GUILTY OF IGNORING THE 800 POUND GORILLA IN THE ROOM. IT IS THE HEAVILY
COMMUNALIZED STATE POLICE THAT IS HEAVILY POPULATED BY EXTREMIST
HINDUTVA ELEMENTS. UNLESS THE COMMUNALIZED ELEMENTS WHICH ARE IN
OVERWHELMING MAJORITY IN THE POLICE, ARE NOT ACKNOWLEDGED AS SUCH,
EXPOSED AND CONTROLLED, THE STATE CANNOT ESCAPE BEING BRANDED AS A POLICE
STATE. TISS HAS BLAMED THE SUPPOSED CRIMINALITY OF THE MUSLIMS ON LACK
OF EDUCATION AND EMPLOYMENT OPPORTUNITIES. THAT FORMS THE BASIC REASONS
OF MUSLIM BACKWARDNESS. BUT THAT DOES NOT AUTOMATICALLY TRANSLATES INTO
INCREASED 'CRIMINALITY' OF THE MAHARASHTRA MUSLIMS. BY IGNORING THE HATE
AND DISCRIMINATION BASE LINE OF ALL GOVERNMENT AND POLITICAL POLICIES
AGAINST MUSLIMS, ANY ATTEMPT TO ERADICATE THE CANCER OF COMMUNALIZED
DEMONIZATION OF MUSLIMS WILL RESULT IN FAILURE. BOTH SONIA CONGRESS AND
SHARAD PAWAR'S NATIONAL CONGRESS PARTY FEEL NO NEED TO CLEANSE THE
POLICE MENTALITY AND REFUSE TO RECRUIT MUSLIMS IN THE POLICE FORCE WITH A
VIEW TO PROMOTE SECULAR ETHOS IN SECURITY AGENCIES. IN FACT THEY
STUBBORNLY CLING TO THEIR ANTI-MUSLIM AGENDA IN THE STATE OPENLY
FLOUTING CONSTITUTIONAL NORMS TO TREAT ALL PEOPLE IN THIS MULTI-ETHNIC,
MULTI-CULTURAL AND MULTI-RELIGIOUS STATE/NATION ON EQUAL FOOTING. THE
HATE CAMPAIGNS ESPECIALLY IN POLICE FORCE SHOULD BE LEGALLY BANNED AND
HEAVY PENALTIES SHOULD BE IMPOSED ON COMMUNAL ELEMENTS WHO COMMIT CRIMES
IN THE NAME OF FIGHTING CRIMES.
Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>
-----------------------
http://timesofindia.
Ghulam Muhammed, Mumbai
<ghulammuhammed3@gmail.com>
-----------------------
http://timesofindia.
36 % of Maharashtra’s prisoners are Muslims
Mohammed Wajihuddin, TNN | Jun 3, 2012, 01.18AM IST
MLC Pasha Patel often jokes that if the number of Muslim prison inmates in Maharashtra
keep increasing at the current pace, every jail will soon have an
Eidgah. Patel's black humour may be a bit exaggerated, but it cannot be
denied that the number of Muslims in jail is highly disproportionate to
their population. And this disturbing fact has been reconfirmed by a
recent report of two scholars, Dr Vijay Raghvan and Roshni Nair of the
Centre for Criminology and Justice at the Tata Institute of Social
Sciences (TISS).
Commissioned by the State Minorities Commission as a follow-up to the Sachar Committee report which lamented that "in Maharashtra Muslims account for 10.6% (2001 survey) of the general population, yet they comprise 32.4 % of the prison population" (the current prison population is 36%), the report is being hotly debated among government officials. Last week, at a meeting called by minorities affairs minister Naseem Khan, officials discussed a number of measures to not just prevent Muslim youth from committing crimes but also to provide legal aid to the imprisoned and rehabilitate them post-release. Among the plans in the pipeline are free legal aid to inmates, vocational training, sensitising the police and counselling and career guidance for Muslim youth in general.
Based on interviews with 339 Muslim inmates in 15 prisons, the TISS report unfortunately does not address the oft-raised question of alleged discrimination against Muslim offenders at the time of registering the case. "Our team's questions were first approved by the jail authorities," says Raghvan. A source reveals that at first some officials at Mantralaya were not in favour of allowing a headcount of, and interviews with, Muslim inmates. However, when the Minorities Commission and TISS team persisted, the officials relented on condition that they would vet the questionnaire. "They deleted the questions related to alleged torture and discrimination by the police," says the source.
Raghavan and senior criminal lawyer Majeed Memon point out that if offenders were aware of the Prohibition of Offenders Act, 1958, which can be invoked to avoid imprisonment if the offence is minor, many of them would not have been jailed. Memon cites the rash driving case of actor John Abraham who was let off under this Act. "An accused can give a bond of 12 or 24 months to the court, which then appoints a probation officer who monitors his behavior," explains Memon. "Only if he is found guilty of repeating an offence is he punished with imprisonment."
The report would appear to bear out the fact that some of the offences could well be minor. Raghvan says that 75.5% of the respondents were arrested for the first time and 24.5% were repeat arrestees. "This shows that majority of the respondents were not career criminals," says the report. Adds Raghavan, "We found that over 30% of the prisoners were not allowed to talk to their relatives at the time of arrest. This violates the rights of an accused."
The pertinent question remains: Why do so many Muslims join crime? The report discusses several reasons such as lack of resources and income opportunities, peer pressure and conflict with the police. An important one is the area of residence—many respondents who were involved in repeat offences came from neighbourhoods where, they said, they were witness to the flourishing of illegal activities since childhood. A considerable number were arrested for alleged forgery of documents, making fake currency notes, cheating and fraud. Since many Muslim ghettoes are blacklisted by the banks, even better educated people forge documents to get loans. "Some of them paid agents to make fake documents in order to get the loan," explains the report.
Although Dr Raghvan declines to discuss in detail the alleged police discrimination against Muslims, a few confessions do pertain to it. Sajid, a prison inmate with a criminal record, told the researchers: "I am trying to make a new beginning. Every time I start some work, the police arrest me on some charge or the other. They also demand money from me. Those who can pay are set free. The police are very powerful and can do anything."
Human rights activist Shabnam Hashmi cites the recent example of Kalyan resident Bilal Shaikh whom the police slapped with the non-bailable, cognisable Section 333 after he had a spat with traffic constables for jumping a signal. Assaulted brutally for "arguing" with the cops, Shaikh suffered a fracture to his right arm, was arrested and cooled his heels in prison for eight days while the four cops got bail on the same day since their offence, according to the FIR, was non-cognisable. "This shows the clear bias of the police against Muslim offenders," alleges Hashmi. The TISS report says that most Muslims echo these sentiments: "They view the police as an unjust system using unfair methods in the performance of their duties."
Commissioned by the State Minorities Commission as a follow-up to the Sachar Committee report which lamented that "in Maharashtra Muslims account for 10.6% (2001 survey) of the general population, yet they comprise 32.4 % of the prison population" (the current prison population is 36%), the report is being hotly debated among government officials. Last week, at a meeting called by minorities affairs minister Naseem Khan, officials discussed a number of measures to not just prevent Muslim youth from committing crimes but also to provide legal aid to the imprisoned and rehabilitate them post-release. Among the plans in the pipeline are free legal aid to inmates, vocational training, sensitising the police and counselling and career guidance for Muslim youth in general.
Based on interviews with 339 Muslim inmates in 15 prisons, the TISS report unfortunately does not address the oft-raised question of alleged discrimination against Muslim offenders at the time of registering the case. "Our team's questions were first approved by the jail authorities," says Raghvan. A source reveals that at first some officials at Mantralaya were not in favour of allowing a headcount of, and interviews with, Muslim inmates. However, when the Minorities Commission and TISS team persisted, the officials relented on condition that they would vet the questionnaire. "They deleted the questions related to alleged torture and discrimination by the police," says the source.
Raghavan and senior criminal lawyer Majeed Memon point out that if offenders were aware of the Prohibition of Offenders Act, 1958, which can be invoked to avoid imprisonment if the offence is minor, many of them would not have been jailed. Memon cites the rash driving case of actor John Abraham who was let off under this Act. "An accused can give a bond of 12 or 24 months to the court, which then appoints a probation officer who monitors his behavior," explains Memon. "Only if he is found guilty of repeating an offence is he punished with imprisonment."
The report would appear to bear out the fact that some of the offences could well be minor. Raghvan says that 75.5% of the respondents were arrested for the first time and 24.5% were repeat arrestees. "This shows that majority of the respondents were not career criminals," says the report. Adds Raghavan, "We found that over 30% of the prisoners were not allowed to talk to their relatives at the time of arrest. This violates the rights of an accused."
The pertinent question remains: Why do so many Muslims join crime? The report discusses several reasons such as lack of resources and income opportunities, peer pressure and conflict with the police. An important one is the area of residence—many respondents who were involved in repeat offences came from neighbourhoods where, they said, they were witness to the flourishing of illegal activities since childhood. A considerable number were arrested for alleged forgery of documents, making fake currency notes, cheating and fraud. Since many Muslim ghettoes are blacklisted by the banks, even better educated people forge documents to get loans. "Some of them paid agents to make fake documents in order to get the loan," explains the report.
Although Dr Raghvan declines to discuss in detail the alleged police discrimination against Muslims, a few confessions do pertain to it. Sajid, a prison inmate with a criminal record, told the researchers: "I am trying to make a new beginning. Every time I start some work, the police arrest me on some charge or the other. They also demand money from me. Those who can pay are set free. The police are very powerful and can do anything."
Human rights activist Shabnam Hashmi cites the recent example of Kalyan resident Bilal Shaikh whom the police slapped with the non-bailable, cognisable Section 333 after he had a spat with traffic constables for jumping a signal. Assaulted brutally for "arguing" with the cops, Shaikh suffered a fracture to his right arm, was arrested and cooled his heels in prison for eight days while the four cops got bail on the same day since their offence, according to the FIR, was non-cognisable. "This shows the clear bias of the police against Muslim offenders," alleges Hashmi. The TISS report says that most Muslims echo these sentiments: "They view the police as an unjust system using unfair methods in the performance of their duties."
| MAILER-DAEMON@mail.networksolutionsemail.com |
|
No comments:
Post a Comment