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Ahead of the Hanuman Jayanti festival to be on April 6, the Ministry of Home Affairs (MHA) released an advisory on April 5, asking states to ensure law and order and monitor factors that could disturb “communal harmony in society”. The advisory comes in the wake of a series of incidents of communal violence reported on the occasion of Ram Navami last week, on March 30 to April 1, from the states of Gujarat, Maharashtra, West Bengal, Bihar and Jharkhand.
The Ministry said in a tweet on Wednesday, “MHA has issued an advisory to all States in preparation for Hanuman Jayanti. The governments are encouraged to ensure the maintenance of law and order, peaceful observance of the festival, and monitoring of any factors that could disturb communal harmony in society.”
During the occasion of Ram Navami, many districts of West Bengal reported Incidents of violence, anti-Muslim hate speech, arson and stone pelting. The State witnessed chaos and disharmony on March 30 in Howrah where several vehicles were torched and shops ransacked. A day after at Rishra area in neighbouring Hooghly district, clashes were reported in West during a Ram Navami procession in which BJP national vice president Dilip Ghosh and party’s Pursurah MLA Biman Ghosh were present. The MLA was injured and hospitalised. Parts of the nearby Serampore also witnessed incidents of vandalism following which prohibitory orders were imposed and internet services suspended.
On April 4, the Ministry had sought a detailed report from the West Bengal government following a letter by Bharatiya Janta Party (BJP) State president Sukanta Majumdar to Home Minister Amit Shah, where he alleged police inaction. He blamed the State Director General of Police Manoj Malaviya for harassing members of the Hindu community while turning a blind eye to the criminals and culprits from the minority community.
Calcutta HC directs Bengal government to requisition central forces to maintain peace
On April 5, the Calcutta High Court directed the West Bengal government to requisition central forces for assisting the state police in maintaining peace during Hanuman Jayanti celebrations. The court said in view of events in the recent past, during Ram Navami, the order was being given to assure the general public that they are safe and will not be affected by any disturbance.
The High Court has ordered the state government that the Central forces has to be deployed in the sensitive areas where there is a chance of violence during upcoming Hanuman Jayanti. The court has observed that the government must ensure the security of the common people as the top priority. The state has responded to the High Court stating that they are ready to deploy paramilitary forces.
No political leader should make any comments that disturbs peace and harmony, the order also observed. Notably, amid the imposition of section 144, there are still tensions across several areas in the state.
On April 3, West Bengal Chief Minister Mamata Banerjee had claimed there are plans afoot for another round of violence in the State on Thursday, April 6, when the nation celebrates Hanuman Jayanti. According to her, several rallies and processions by religious and civil society groups are planned across the country on the occasion of Hanuman Jayanti.
Observing that prevention is better than cure, a division bench presided by Acting Chief Justice T S Sivagnanam directed the West Bengal government to requisition central forces to avoid any breach of peace when Hanuman Jayanti rallies are taken out on Thursday.
The court also directed the Centre to make swift arrangements for such deployment on receipt of requisition from the state.
As provided by Bar and Bench, Advocate General S N Mookherjee told the court that around 2,000 applications have been received by the police in the state for holding Hanuman Jayanti rallies. The order came on a PIL filed by Leader of Opposition in West Bengal Assembly Suvendu Adhikari.
2019 MHA Advisory
On January 17, 2019 also, a Special Advisory had been issued by the Union Ministry of Home Affairs (No. V-11026/71/2016-Arms) for “Restraining misuse of firearms for celebratory purpose” In this advisory, the MHA has drawn attention to an concerns raised by the Hon’ble Delhi High Court in its order dated September 13, 2017 passed in WP (C) No. 4057/2016 & WP (C) No. 10283/2016 regarding loss of precious lives, grievous injuries and loss of property caused due to illegal celebratory firing in marriages, public gatherings, religious places / processions, parties, political rallies etc
This 2019 MHA Advisory drew attention to the “appropriate provisions are enshrined in Chapter IV and Chapter V of the Arms Act, 1959 and Chapter IV of the Arms Rules, 2016 for curbing illegal uses of firearms which are to be enforced by the State/UT Police and suitable penal actions are to be initiated in case of any infringement of referred provisions occurs. In addition, Form-III of the Arms Rule-2016 under which individual arms licences are issued, subject to restriction on the licences, inter-alia, not to resort to brandishing of fire arms in public place and carrying or discharge a fire arm in built up area or any public place on the occasion of marriage, public assembly, fair or procession or any public event. Nevertheless incidents of loss of precious lives, grievous injuries and loss of property with the use of licenses as well as unlicensed firearms takes place on account of celebratory firing which is a matter of grave concern.
Further the advisory also stated that since ‘Police and Public Order are the subject matter of States/UT under the Constitution, therefore, the effective enforcement of Law/Rules/advisories laid down by Central Government is the responsibility of the States/UT. In this regard, Ministry of Home Affairs has already issued advisory on the subject matter vide letter no. V-11026/71/2016-Arms dated 16.06.2016 (copy enclosed at Annexure-2 of the advisory).
The MHA advisory directed that states must “ensure that strict legal actions are taken, as per the provisions contained in the Arms Act, 1959, the Arms Rules, 2016 and other relevant provisions of IPC and Cr.PC, against the person(s) indulged in the illegal practices of celebratory firing in marriages, public gatherings, religious places / processions, parties, political rallies etc. so as to curb such incidences. Further, licences of such perpetrators or any licences who violates the provisions of Arms Act,1959, the Arms Rules, 2016, to be cancelled in accordance with the law.” It is crucial that this advisory which clearly seems to have remained on paper, unimplemented even in the capital of Delhi where the police report directly to the Union Home Ministry, is implemented.
Several if not all such processions in recent times have witnessed the phenomenon of arms being brandished while the processions are on and hence we thought it fit to bring this to your notice.
Tragically despite such repeated advisories states continue to experience violence during processions that are becoming increasingly belligerent and aggressive, making a mockery of the festivals they are supposed to celebrate.
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