“Most of prisoners in Maharashtra jails victims of prejudice”
A report on Muslim prisoners in Maharashtra jails by the Tata Institute of Social Sciences (TISS) establishes that most of them do not have connections with criminal gangs, and points to an acute bias of the police for arresting them in some cases only because they belong to a particular community.
A Study of the Socio Economic Profile and Rehabilitation Needs of Muslim Community in Prisons in Maharashtra, 2011, by Dr. Vijay Raghavan and Roshni Nair from the Centre for Criminology and Justice School of Social Work, Tata Institute of Social Sciences (TISS), states that 96 per cent of the respondents have not been held under preventive detention charges, thus indicating that they are not viewed as a threat to law and order.
The study which surveyed 339 Muslims, mostly between 18 and 30 years of age, in 15 prisons says this implies that most respondents do not have connections with criminal gangs or have any record which may be a threat to law and order. About 25.4 per cent of those imprisoned don’t have lawyers to represent them in their cases.
The police’s bias against Muslims led to some of the arrests under the erstwhile Terrorist and Disruptive Activities (Prevention) Act (TADA), the Maharashtra Control of Organised Crimes Act (MCOCA) and even under the Official Secrets Act.
‘Two types of laws’
An agent in textile export, Murtuza, arrested under the Official Secrets Act on charges of spying, says in his interview to the research team: “There are two types of laws in this country. One is for Hindus and the other is for Muslims. The policeman is first a Hindu and then a policeman. The judge is first a Hindu and then a judge and the lawyer is first a Hindu then a lawyer. People who work against the State, indulge in rioting, kill thousands of innocent people, and harass women and children roam free in this country. They are not punished. I am suffering only because I am a Muslim.”
Murtuza strongly feels that the discriminatory attitude is one of the major reasons for his arrest. He says that the police do not have enough evidence against him and yet he remains in prison. Two years have passed and the case is dragging on in court. He misses his court dates because the escort to take him to court is often not available. He has applied for bail thrice, but it has been rejected each time. He also applied for transferring the case to a different judge, but nothing has happened yet.
Poor victimised
Another prisoner Moiz says that “every time he tries to start life afresh, the police arrest him in some false case. They also demand money from criminals and those who can pay are set free. The poor are victimised. The police are very powerful and can do anything.”
Some interviews reflect the deep despair and alienation of the people interviewed. Muneer feels that after the demolition of the Babri Masjid, the rift between Hindus and Muslims has widened. Due to the riots and bomb blasts in 1992-93, the police perception of Muslims has become negative. The police view them as criminal minded. Migrants from Uttar Pradesh and Bihar are viewed with prejudice by the police.
Shoaib expressed his fears about the breakdown of the social fabric if the bias against Muslims continues. “The police have a negative perception of the Muslim community and act with bias. Due to the actions of the police and fundamentalist politics, the perception of Muslims is negative in society. If the situation continues to be like this, the next generation may get into further crime and vested interests could use them. Society’s perception and the negative feelings of hatred have to be reduced. Only then there is hope for a better tomorrow. Otherwise the situation will get worse for individuals, their families and society.”
About 70 per cent of the 3,000 Muslims prisoners in 15 jails were under trials and 30 per cent were convicted prisoners. What is of concern is that 52.8 per cent are charged with violent crimes mainly murder, attempt to murder, rape, assault and kidnapping. Among the under trials interviewed charge sheets have only been filed in 47.4 per cent of the cases and a mere 3.8 per cent have reached judgement stage, indicating the slow pace of trials. Of those interviewed 75.5 per cent were arrested for the first time and 25.5 per cent are repeat offenders.
The percentage of Muslims in jails is also a high 36 per cent, says Dr. Raghavan, quoting recent official figures. Along with Gujarat and Kerala, Maharashtra is one of the States with the most disproportionate number of Muslims in prisons.
The Sachar Committee report says that in Maharashtra, Muslims account for 10.6 per cent of the general population; yet they comprise 32.4 per cent of the prison population. For those incarcerated on terms of less than a year, the figure rises: 42 per cent of prisoners on short-term sentences in the State are Muslims.
This study was done at the behest of the Maharashtra State Minorities Commission in response to the charge of a disproportionate number of Muslims in jail. It makes a slew of recommendations relating to rehabilitation and correctional programmes, and the need for steps to sensitise the police and prison administration.
Last month the findings were presented at a meeting with Arif Naseem Khan, State Minister for Minority Affairs.
The Minister accepted most of the recommendations, especially those relating to legal aid, adult education, vocational training, release on probation, and awareness and counselling centres in Muslim areas.
The Additional Chief Secretary of Minority Development will call a high-level inter-departmental meeting soon to work out ways to implement the recommendations.
Keywords: Muslim prisoner, Maharashtra jails
It is understandable that Bomb blasts and other terrorist acts has made Muslims suspect . However it is important that the state should act impartially and not harass an innocent purpose . It is also recommended that the Muslim organisations should act as a bridge between the state and muslim population and ensure the community as a whole is patriotic and peaceful and also the criminals elements are practively corrected .We need muslim NGO's who work for the welfare of Muslims in the country .
Thanks for sharing this. Common people's final hope is on courts, police
and law next to their God. But when even institutions on which final
hope kept turns to provide injustice, then that leads few of those
oppressed to take terrorism in their hand.
May God save my country.
Responsible journalism should be balanced and should serve the society/nation. The above article will only help to perpetuate the perception that muslims in India are ALWAYS subjected to bias. The reporter/author of article gives only the views of the accused to support the ' findings ' of anti muslim bias by police. If there is a bias ( the bias in India by police is more based on the weight of your purse rather than of any religious nature ) by all means it should be exposed and corrected. In a truly democratic country such nonsense can not be tolerated and should be rooted out. But the article would have been more balanced if Meena Menon had included views of the police as to why Murtuaza is inside the prison. Surely we can not take his own view as unalloyed truth.
With our snail paced Judiciary and overwhelming corruption, any and everyone in
this country are a potential victim. Regarding Police, there are some good officers,
there are many bad officers - anyway, what can one expect from the ones who
bribed to get their job or on some "recommendations".
Most important for us is the to make our judiciary efficient and processes
transparent.
TISS report is shocking. This kind of bias happen all over the
country. Recently in Kerala, Kerala Police scrutinised the Email of
268 people in Kerala. Out of that 258 were Muslims.This kind of a
bias is wrong in many ways.Primarily It is against human rights,
constitution & social frame work etc. Moreover from the professional
point of view of Police too: when a community is foccused, who ever is
not in focus can be very easily misused for heinous crime against
humanity like drug, weapon deals , creating riots, explosions ( for
example : Purulia arms drops, findings of Karkare abt the involvement
of HIndu extremist groups in various bomb explosions( Mecca Masjid etc
)). If POlice is biased , they are not only biased fellows , they are
idiots having no sense of professionalism , nationality, respect for
constitutional values etc too.
Kudos to TISS for its true and enlightening report on human rights and illegal detention of many innocent muslim youths in Maharashtra. Indeed, the report was shocking and aweful. Will the govt and nhrc wake up and do the needful to undo injustice to who are really inocent detainees? Will the hallow pro minority cong stop its shedding corcodil tears for god's sake at least hence forth.
I am not commenting on the content or the outcome of the report. But it seems that given the larger implications of this issue the sample is too low. In case of any such report, The Hindu should also give the methodology adopted by the researcher. Above all, the credibility of a organization like TISS in such matters is questionable.
Disproportionate number of muslim prisoners in jail is of the concern as a secular democratic country. If TISS's reported anti-muslim bias of police is correct, we the future generation will suffer badly.
This makes sad reading and indicates a lack of objectivity in the
police. Training in human relations could help, but only if there is
systematic followup. What is disheartening is that the ruling party
at the Centre courts the Muslim community's vote with all kinds of
gimmicks but lacks a serious plan to assure similarity of treatment
regardless of religion, caste, community or sex. It is obvious that
many of the Muslim prisoners would not be there if they had the money
to pay the bribes demanded. Since a larger percentage of Muslims are
poor,they suffer, although criminals with money are allowed to roam
frees. The corrupt government in New Delhi is unable to deal with a
problem that is too hot to handle, unless it begins by setting its own
house in order, something that is not going to happen unless a true
incorruptible nationalist comes to power at the Centre, a nationalist
who will not cite coalition compulsions to tolerate corruption so that
he can stay on in power.
Accused in criminal cases are put behind bars till the courts give their final verdicts. Even
politician such as Mr.Raja ex.telcom minister & his co- accused were imprisoned for their
suspected involvement in 2G.case. Finding such as that of the TISS which appers to be
aimed at gaining cheep popularity and looks more of an oppinion poll results.Hence such
things aught not to have been given much importance and published in reputed news paper
like The Hindu.
Indian Muslims should take heart in the fact that they are not treated like Rohingyas in Burmah, Uighurs in China, Tamilians in Srilanka and Chechens in Russia. There is enough opportunity for a Muslim from Kashmir to top in IAS selection, to become a President of India, to become CJ in Supreme court and to become Chief Election Commissioner. There are also many good hearted Hindus like Mulayam Singh Yadav who inspite of being called derisively as Mowlana or Mowlavi, do not treat Muslims as mere vote bank. It will take a long time for a democracy to mature and the Muslim society itself should educate itself, become more responsible, industrious and above all stop all direct and indirect support to foreign infiltrators and extremist elements. To a Muslim, patriotism is part of his Faith in Islam.
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