Researched by: Sara Varghese, Prafula Grace Busi & Elisha Benny

The chronology of violence

Two recent Hindu festivals have sparked riots across the country. They all follow the same pattern.

First, the procession: In each case, the trouble starts with a Hindu religious procession that passes by a mosque and/or a Muslim neighbourhood. In Khargone, Madhya Pradesh, the trigger was a Ram Navami procession on April 10—which was also the spark in two districts in Gujarat. In Jahangirpuri, Delhi, and Roorkee, Uttar Pradesh, it was a ‘shobha yatra’ to mark Hanuman Jayanti on April 16. 

Then, the violence: In every case, both sides accuse each other of throwing the first stone—literally. And given the competing testimonies—and murky police investigations—it is almost impossible to figure out who or what triggered the confrontation. What is inarguable is that almost every riot involved both Muslims and Hindus resorting to violence. 

Also inarguable: All available clips show that these processions involved aggressive displays of religiosity—including songs and slogans that heckle Muslims—that are not exactly part of these traditions. For example, here are people waving guns at the procession in Jahangirpuri:

And there have been instances of people planting saffron flags on dargahs:

Next, the arrests: In Khargone, 144 people were arrested. The police detained 11 people in Gujarat and Roorkee. In Delhi, the number so far is 23. Most of them appear to be Muslim—and include clerics in some cases—though mainstream media reporting is often vague about their identity. What we do know is that the five men in Delhi who have been charged under the draconian National Security Act are all Muslim. The law allows the government to keep the accused in “preventive detention” for months without bail. That said, at least one of these men was seen firing a gun in the midst of the riot:

Cue the demolition derby

There is no doubt, however, about which community is the target of the demolition drives that follow these riots. In Khargone, 16 houses and 29 shops were demolished across four localities—soon after the state home minister issued an open threat: “Jis ghar se pathar aaye hain, us ghar ko hi patharon kaa dher banaenge” (We will turn the houses from where the stones were pelted to a heap of rubble). 

In Anand, Gujarat, the police razed the properties of those accused in the riots—claiming it was “pre-planned conspiracy” hatched by a sleeper module to achieve the dominance of the Muslim community. In Roorkee, a bulldozer has been stationed outside the village—and a local Hindutva group has demanded the destruction of Muslim homes as punishment—causing many of its Muslim residents to flee. But there has been no action taken as yet. 

What happened in Jahangirpuri: Yesterday, municipal officials launched an “anti encroachment” drive—razing shops in certain parts of the neighbourhood. This is within a day after Delhi BJP chief Adesh Gupta wrote to North Delhi mayor Raja Iqbal Singh (also BJP) demanding that “the illegal encroachments and constructions done by these rioters should be identified and bulldozers run over these encroachments.” And another BJP leader tweeted:“Kaha tha na ab chhodenge nahi” (Didn’t we say, won’t spare you).

According to Scroll, only the Muslim-dominated blocks were targeted, while the Hindu areas were left alone:

“The Jama Masjid stands on a wide street cutting between C and D blocks in Jahangirpuri. About 15 shops away from the mosque is the local Kali Mandir. When the bulldozer reached the temple, it finally halted the demolition drive. The temple, whose entrance also jutted into the pavement, was perhaps the only building on that row that had been left untouched.”

This specific block and the mosque were ground zero for the riots. See the external part of the mosque destroyed below:

Point to note: While the AAP government in Delhi accused the BJP of only talking about “ladai-jhadga and hooliganism,” it also blamed the party for resettling Bangladeshis and Rohingya in different parts of the country to “use” them to cause riots: “If you want to know where the next riots are going to happen, just ask them to reveal where they have settled Bangladeshis and Rohingya.”

The BJP too has framed this issue as a crackdown on illegal immigrants:

“Just like we have seen in certain places in Europe—in Sweden, Holland and Belgium etc—where immigrant communities have created no-go zones where people or even police are afraid to go, it seems illegal immigrants have replicated the same in Delhi.”

There is no evidence that any of these traditionally Muslim neighbourhoods are dominated by illegal immigrants.

FYI: The communist parties were the only opposition presence on the ground trying to stop the demolition—while Rahul Gandhi tweeted: “BJP must bulldoze the hatred in their hearts.”

Quote to note: A BJP source told Indian Express:

“It was decided at the top level with central leaders [as] part of the decision. The Delhi leadership was also demanding it, but it came from the top. Whether on social media or on the ground or in the Sangh, the leadership in Delhi wants the Yogi (Adityanath) model… you also know that for such action to be undertaken and for police and bureaucrats to be convinced, it can’t be done at the state level.”

But are these demolition drives legal?

In Jahangirpuri: The local authorities kicked off the demolitions at 9:30 am—even though it was slated for 2 pm. At 10:30 am, the Supreme Court issued an order that “status quo, as exists today, shall be maintained until further orders”—and called a halt to the drive. But authorities continued to raze the shops—with the police claiming ignorance of the order. And they only stopped when CPI(M) leader Brinda Karat arrived at the spot with an electronic copy of the order. So at least an hour of the demolitions were a clear violation of a direct order from the highest court.

The bigger picture: Thanks to a 2009 Supreme Court judgement, the government can seize the assets of a person who is charged of destroying public property as compensation. This has been turned into law in places like Uttar Pradesh and Madhya Pradesh—where it has been used against anti-CAA protesters. But demolishing the property of those accused of a separate crime is unprecedented—and likely illegal. And here’s why:

One: The person accused of a crime has to be tried and punished according to the law that governs that crime:

“[T]he government cannot use the justification of one alleged crime—in this case, rioting—to prosecute people for another: illegal construction. ‘You cannot punish someone for allegedly pelting stones by destroying their house. To give punishment, there has to be a basis in law,’ [legal expert Anas] Tanwir said."

So it is entirely unlawful for the district collector in Khargone to blithely claim: “Finding out culprits one by one is a time-taking process, so we looked at all the areas where rioting took place and demolished all the illegal constructions to teach rioters a lesson.”

Two: It is also a form of “collective punishment”—where, for example, all the residents of a home are punished for the alleged crime of one person. Or in these cases, entire communities are paying the price for the actions of individuals.

Three: Those arrested have been accused of a crime—and not yet found guilty, as Supreme Court lawyer Vrinda Grover notes:

“Actually there is no law which permits this kind of demolition. This person [accused] is a suspect at this juncture. The police or the administration is behaving like the judge, jury and the executor and is punishing the person.”

Four: Even if we were to buy the argument that these demolition drives are about illegal construction—and not punishment for rioting—the authorities have not followed due process: 

“[W]hile the state has the power to demolish buildings, there are various steps before a demolition: such as sending a notice, giving the accused a chance for a fair hearing and getting an order from a competent body.”

Most of the residents did not receive any notice. Some received one late on a Friday—while the demolition commenced on Monday. And in a number of cases, the homes and shops were perfectly legal.

Point to note: The Court will hear petitions challenging the legality of these demolitions today.

The bottomline: is that we are now racing to the bottom—with no end in sight. 

Reading list

Indian Express and Scroll have the best ground reports from Jahangirpuri. Al Jazeera has the best overview of bulldozer politics—though it predates Jahangirpuri. Scroll’s long piece on the legality of these demolitions is a must-read. This Hindu op-ed explains why they violate international law. Also worth a look: legal expert Gautam Bhatia’s interview with BoomLive. Indian Express reports on the rise of Bulldozer Mama aka Shivraj Singh Chouhan in Madhya Pradesh. The Bastion has a good piece on how eviction drives are a routine way to displace tribal communities in forest reserves.