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You are here: Home / Archives for Mukul Sinha

Passion for justice: Mukul Sinha’s pioneering work

May 12, 2015 by Nasheman

Following is the introductory chapter of a booklet on the life and works of Advocate Mukul Sinha, compiled and published by Friends of Mukul Sinha. It will be released today evening at a Convention on Reclaiming Democracy in Ahmedabad.

Mukul-Sinha

 

by Arvind Narrain and Saumya Uma

Mukul Sinha passed away on 12 May 2014. His death occurred just before the results of the national elections were declared on 16 May 2014. The general election of 2014 brought the National Democratic Alliance (NDA) government to power.

In the new political context, the dangers of forgetting what happened in Gujarat in 2002 are real.  The truly heroic efforts of Mukul Sinha and the small band of courageous, committed and persistent activists and lawyers resulted in the unprecedented conviction of over 100 persons for carnage-related cases. This now stands in danger not only of being forgotten but also overturned. Simultaneously, the threat and intimidation to civil society activists has increased.

It is in this defining moment, that we immensely feel the absence of Mukul Sinha. It is also in this context that we felt the necessity to attempt, through this publication, an understanding of what his work means to all of us, as a source of motivation and resolve to take forward his efforts towards justice and accountability.

Who was Mukul Sinha?  

As the range of tributes in this volume makes clear, Mukul Sinha was a trade union leader as well as a labour and service lawyer who shot to   national fame as the uncompromising and fearless legal spearhead who   sought to ensure accountability for what happened in Gujarat in 2002.

By their achievements in Gujarat, Mukul as well as the numerous   other activists from Gujarat have sent out a message that, justice is   indeed possible and creative lawyering and human rights lawyering lie   in goading the system to work even in the most difficult circumstances.   In doing the impossible, Mukul was an inspiration.

Why This Volume?  

This volume seeks to tell the story of the inspirational force that was Mukul Sinha from many facets. Mukul Sinha‘s own words, as reproduced   through a conversation with him in February 2013, highlight the varied aspects of his work, his strategic engagement with the law and his vision  of justice. His writings indicate a passionate commitment to working for labour rights, slum dwellers rights, environmental rights as well as the right to life and security of every person, immaterial of his or her religious or caste identity. What emerges in the course of this narrative is not only a political commitment but equally the skill, persistence and hard work which are the necessary concomitants to actualizing this vision of justice. Mukul Sinha‘s writings indicate the range of his concerns right from the politics of science to the issue of secularism and globalization to labour law issues such as the minimum wage.

A modest and self-effacing person, Mukul was not one to highlight   his own achievements. To get a sense of his enormous contribution   to nurturing a vision of democracy, one needs to understand and   assimilate his work through the people he worked with and the   people he inspired. The tributes paid to Mukul by fellow travellers   in the pursuit of justice emphasize the enormous importance of his   work. Fellow activists from Gujarat including Nirjhari Sinha, Fr. Cedric   Prakash, Pratik Sinha, and Gagan Sethi have penned heartfelt tributes   on the gap which Mukul‘s absence opens up in Gujarat as well as the   resolve to take Mukul‘s work forward.

The fact that Mukul‘s impact was not limited to Gujarat alone but has 9 had an impact at a national level emerges from the tributes by Upendra Baxi, Harsh Mander, Mihir Desai, Manisha Sethi, Mahtab Alam, Ajit Sahi, Saumya Uma and Arvind Narrain.

In addition to the public persona of Mukul Sinha, a personal side to him emerges from a range of tributes. Pravin Mishra, writes that he was ―an activist, scientist, lawyer, cook, poet, singer, lover, father, comrade and a great human who cared for every fellow human but cared very little when people misunderstood him.‖ He was also an atheist, communist, an advocate with legal acumen, grit and determination as well as a sense of humour.

The tributes also talk about the final days before his death when he continued working from his hospital bed in the Intensive Care Unit. He was dictating material to be uploaded on his website, discussing legal strategies with colleagues on important cases and asking for court documents to study and analyze. Highlighted by Mihir Desai, Harsh Mander and Gagan Sethi in their tributes to him, these are a poignant reminder of Mukul‘s passionate commitment to justice.

A running thread through the contributions is the thought—how does one remember someone who was so invaluable? The thought which echoes through all the tributes is that to remember Mukul Sinha is to remember our own humanity, as a gesture, not towards the past but towards the future.

The only genuine tribute one can pay Mukul is to bring the quality of both heart and head to human rights activism and redouble our efforts to ensure that the gains of the past are not lost as we face more difficult battles in the near future.  One also learns from Mukul that the defining quality of an activist is a stubborn will to fight for justice. Mukul‘s life also embodies the dictum that the more injustice there is, the stronger is the commitment to combat it. Mukul Sinha embodied the politics of a collective aspiration for a more just world and has contributed immeasurably to the nourishing of our utopias.

We hope that this volume functions as a spark of inspiration, reminding us of our rich histories of struggle and provides us the resources and the impetus to navigate the future with hope, commitment, resilience and humour–qualities which Mukul Sinha embodied.

Filed Under: Opinion Tagged With: Gujarat, Mukul Sinha

Nanavati Commission: Another hoax on people of India!

November 20, 2014 by Nasheman

Photo: AFP

Photo: AFP

by Fr. Cedric Prakash

Finally, on November 18, 2014, exactly 12 years 8 months and 12 days after it was first constituted by the Gujarat Government on March 6,h 2002 to probe the burning of the Godhra train and the subsequent carnage which broke out in several parts of Gujarat, the Commission headed by GT Nanavati (a former judge of the Supreme Court of India) submitted its report to the current Chief Minister of Gujarat, Anandiben Patel.

It was originally known as the KG Shah Commission but it was later reconstituted to include Justice Nanavati, after several civil rights groups and individuals protested over the closeness that Justice Shah had with Narendra Modi. Justice Shah died in 2008; and Justice Akshay H. Mehta (who granted bail to Babu Bajrangi in the Naroda Patiya case) was appointed on April 5, 2008 to be a member of this Commission.

The content of this more than 2000-page report has not yet been made public but if one goes by the grapevine and what seems to be “leaked out” to sections of the media, then one can very easily conclude the following: that those really responsible for the law and order in the State have been given a ‘clean chit’; that the burning of S-6 Coach of the Sabarmati Express on February 27, 2002, just outside the Godhra railway station was a ‘meticulously planned act of conspiracy’ (this was already said in the Commission’s interim report in 2008); and finally the only people who seemed to be ‘responsible’ for not preventing or controlling the violence are some lower rung policemen and some apparently anti-social elements.

The Commission which has claimed to have looked into 4,160 cases of violence in Gujarat between February 27th and May 31st 2002 also states that it has gone through 46,000 affidavits submitted by over 4,000 victims of the violence that paralysed Gujarat and continues to be one of the darkest and bloodiest chapters of independent India. It was given 24 extensions (of almost six months each) before it submitted its report.

Till July 2012, the Commission ran up an expenditure bill of more than Rs 5.00 crore with an additional miscellaneous expense of Rs 1.62 crore. It has been past two-and-a-half years since; so the final cost of this Commission (including the disguised expenditure) will surely run to a mind-boggling amount and all at the cost of the state exchequer (a Gujarati newspaper puts a conservative cost of Rs.9.00 crore).

Several concerned citizens like the late Mukul Sinha of Jan Sangharsh Manch, Sanjiv Bhatt and others have tried their level best to bring the Commission – any thinking citizen will know – on track and ensure that truth prevails and that the victim-survivors are given justice. The Commission has been full of inconsistencies, lapses and loopholes. Sinha, who cross-examined several witnesses, has consistently demanded that Modi, who was the Chief Minister of Gujarat at that time, had to be interrogated, too. Why the Commission took the pains to deny this request from Sinha and several others does not leave much room for doubt!

Even though the Commission has submitted its report, many for the victim-survivors (and several others who have accompanied them) are the Gujarat Carnage of 2002 is not a closed chapter. The relentless pursuit for truth and justice will continue until those who presided over this carnage are brought to book. Only then, will they truly be able to sing our motto emblazoned on our national emblem “satyameva jayate” (truth alone triumphs!)

Fr. Cedric Prakash is the Director of Prashant, the Ahmedabad-based Jesuit Centre for Human Rights, Justice and Peace.

Filed Under: Opinion Tagged With: 2002, Genocide, Godhra, GT Nanavati, Gujarat, Mukul Sinha, Nanavati Commission, Narendra Modi, Naroda Patiya

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