Meena Menon
http://www.thehindu.com/news/national/article3563333.ece
“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.
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