Full text of the 'Memorandum of Action Taken on the Report of the Liberhan Ayodhya
Commission of Inquiry' tabled by the home minister in Parliament.
The comments and recommendations of the Liberhans Commission of Inquiry
are followed by the government's response in bold
1. GENERAL
1.1 The constitutional scheme to separate religion from politics was intended to
insulate the issues of governance from those of theology. While it may be useful
and indeed desirable to import certain aspects of ethics and morality into the
political arena, the use of religion, caste or regionalism is a regressive and
dangerous trend, capable of alienating people and dividing them into small
sections.
Noted.
1.2 The events of December 6, 1992 and the many subsequent events have already
shown to the nation the danger and the disruptive potential of allowing the
intermixing of religion and politics.
Agreed
1.3 It is imperative therefore for the people, acting through their elected
representatives, to undertake an objective study of whether or not
the existing constitutional, statutory and institutional safeguards have proven
to be efficacious. It seems highly probable from a cursory study of recent
affairs that the measures adopted so far have been overly optimistic and have
not entirely succeeded in providing secular governance, unaffected and uncolored
by religious or regional affiliations.
Accepted. One of the measures contemplated is the Communal Violence
(Prevention, Control and Rehabilitation of Victims) Bill.
1.4 It is high time that institutions like the National Integration
Council were conferred statutory powers. This or any other similar organization
which is set up must call upon the participation of well known and highly
regarded leaders of religious communities and social workers from all over the
country particularly who are not affiliated with any political party to find
ways and means to implement secularism as envisaged by the constitution. The
participants or the ones invited should thereafter be barred from holding any
constitutional office or office of profit or public office or from participation
in any political activity.
National Integration Council is a large organization consisting of
political leaders, representatives from business, media, women’s
organizations, NGOs etc. Conferring statutory powers on the Council may not be
practical. The Council has been set up primarily to act as an advisory body to
advise the Government and other institutions of civil society to advance the
cause of secularism and preserve unity, integrity and communal harmony.
1.5 Political leaders, holders of constitutional offices, offices of profit,
public office and especially those holding cabinet positions or other similar
positions of responsibility, sometimes simultaneously hold offices in religious
organizations, charities and trusts constituted on religious grounds etc. The
temptation to allow one's judgment in one sphere to influence opinions in the
other is irresistible and easily leads to dissatisfaction and disenchantment in
the other sections of the population.
Accepted in part. Government agrees that political leaders etc. holding
public office should not simultaneously hold positions of responsibility in
religious organisations.
1.6 The extraneous interference in democratic affairs for acquiring
political power through criminalisation of political office or mixing of
political and religious affairs has become the order of the day.
Noted
1.7 A special separate law providing for exemplary punishment for misuse
of religion, caste etc. for political gains or illicit acquisition of political
or other power ought to be enacted. Regional tribunals for ensuring swift
prosecution and effective implementation of the law ought to be set up in the
four corners of the country.
Accepted. One of the measures contemplated is the Communal Violence
(Prevention, Control and Rehabilitation of Victims) Bill. The Bill contemplates
the setting up of Special Courts. As regards the cases arising out of the
demolition of RJBBM, the status of 3 cases is as under:
i) Case No 197/92 FIR against lacs of unknown karsewaks, in the special
court Lucknow
ii) Case No. 198/92 FIR against 8 accused in the special court Rae Bareli.
iii) 47 other cases in the special court Lucknow
Steps will be taken to expedite the hearing of these cases.
1.8 The desirability of establishing a Criminal Justice Commission should
be examined which would comprehensively monitor the performance of all law
enforcement agencies and apply corrective measures wherever needed.
Law Commission of India will be requested to study the desirability of
establishing a Criminal Justice Commission.
1.9 The threat from communal violence needs to be dealt with firmly.
Specialised investigating squads need to be formed under the state
criminal investigation agencies and communal offences or crimes committed during
communal riots ought to be vigorously investigated. Governments should not be
able to withdraw charges relating to communal riots.
Accepted. One of the measures contemplated is the Communal Violence
(Prevention, Control and Rehabilitation of Victims) Bill. The Bill
contemplates the setting up of Special Courts. As regards the cases arising out
of the demolition of RJBBM, the status of 3 cases is as under:
i) Case No 197/92 FIR against lacs of unknown karsewaks, in the special court
Lucknow
ii) Case No. 198/92 FIR against 8 accused in the special court Rae Bareli.
iii) 47 other cases in the special court Lucknow
Steps will be taken to expedite the hearing of these cases.
1.10 The Election Commission of India must also ensure that any complaints
brought before it by any citizen of the country, of attempts to misuse religious
sentiments, or to appeal to voters through the mode of their piety, whether by
holding thinly disguised electoral rallies in places of worship, or posing as
political supplications to God must result in swift action and possible
disqualifications.
The matter will be referred to the Election Commission of India
1.11 This subject requires the consideration not just of the Parliament
of India, but also of religious leaders and statesmen alike. While I cannot
prescribe a code of conduct or regulations for the running of the democratic
process, I must recommend that the demerger of religion and politics must be
studied and implemented at the earliest.
Noted
1.12 It is inherently unfair, immoral and legally dubious to hold
democracy hostage to religious and casteist blackmail. The separation of state
and religion has been debated at great length in every age and has found favour
in almost every organised civilized society.
Agreed
1.13 The Constitution of India is an endorsement of this principle of
separation and goes on to clarify in unequivocal terms that the Indian union
does not eschew religion or declare an irreligious state.
Agreed
1.14 The liberties granted to individuals and religious aggregations extend
to such activities which can be construed purely for the welfare of the general
public, members of that religious aggregation or for preserving and promoting
its culture. The intermixing of the two aspects of human social life is neither
envisaged nor permitted under the constitution or law.
Agreed
1.15 The negative covenants specifically bar the state from discriminating
against any religious denomination. As a necessary and inescapable corollary,
the injunction against state patronage of any religion has to be read within
these provisions and has been thus treated ever since the inception of this
Constitution.
Agreed
1.16 The next logical conclusion must therefore be that a government which is
formed on the premise of religion or which has religious issues on its political
agenda must also be barred. A government which is formed by professing its
support to a particular religion or which has a religious issue or purpose as
its stated agenda must therefore fall foul of the explicit and implicit
proscriptions of the constitution.
Noted. The matter will be examined further.
1.17 I must therefore recommend and reiterate the views of numerous statesmen
that in order to achieve the ideal of a secular state, the incorporation of
religious agenda within political manifestos or electoral promises is made an
electoral offence and should incur summary disqualification for the individual,
or for the political party if such blatant resort to the religious and casteist
sentiment is part of the party's substantive poll plank.
As in para 1.16 above.
1.18 It is my considered recommendation that the Parliament, Legislatures,
elected governments and the political parties themselves must rededicate
themselves to ensuring a secular India, whether strengthening existing
provisions in the Codes of Conduct or in election related laws.
Agreed. Whether the code of conduct and whether election related laws
require amendments will be referred to the Election Commission.
1.19 It is high time that the Parliament constitute an assembly to look into the
working of Constitution and the short falls observed or noticed in the years
since its inception; and to suggest requisite steps for remedying them.
A Commission headed by a Retd. Chief Justice has already reviewed the
working of the Constitution. The Commission on Centre-State Relations has
already been set up and its report is expected by March 2010 and further action
will be considered on the basis of that report.
2. RECOMMENDATIONS PERTAINING TO THE CIVIL SERVICES
2.1 The enforcement of law and the maintenance of order in the society depend
upon a responsive, efficient and upright police force and bureaucracy. In
present times, the police and the bureaucracy face a crisis of confidence. The
general public rightly or wrongly does not trust either as a protector or as an
honest enforcer of the laws. This perception is reflected in the appointment of
numerous committees and commissions by the Parliament to study and propose
reforms. The Law Commission too has examined the various shortcomings which
exist in the infrastructure today.
Agreed.
2.2 The efforts of these acknowledged reform experts has been published and
presented in a plethora of reports which are available in the public domain. A
conspectus of these reports reveals a clear consensus of the ills which plague
the current system. The problems which have been documented and widely commented
upon include the nexus between the police and the politician or the bureaucrat
and the politician, the rampant corruption which exists at the bottom and at the
top levels, the stark insensitive and unhelpful nature of the frontline forces,
the deplorable state of training and the reliance on brute force rather than
scientific investigation techniques. These same reports also present a wide
spectrum of solutions from which once again, a common set of suggestions can be
distilled.
A committee set up by the MHA has culled out 49 recommendations relating
to police recruitment, posting promotion and grievance redressal mechanism made
by various Commissions/ Committees in the past. Government is considering these
recommendations as part of the National Police Mission. Micro Missions have been
identified and projects prepared by the Micro Missions are being commended to
the State Governments for implementation. To the extent they pertain to the
Central Government, the Central Government will implement or help in
implementing these projects.
2.3 Unfortunately, these reports have remained dead letters and the
recommendations have not been implemented in a cohesive, systematic and workable
manner. The few attempts at police reforms have been patchy at best and have
found resistance not only from within the police forces, but also from the
criminal bar as well as some states worried about the implications for the state
— union relations. I do not wish to reinvent the wheel, nor claim to be an
expert on the subject. However, an exhaustive analysis of the facts and
circumstances which resulted in the events of December 6th 1992 in the backdrop
of these reports on the policing or bureaucratic system makes it abundantly
clear that the failure to take the law enforcement agencies and systems into the
21st century has contributed and continues to contribute to a state of
lawlessness.
As in 2.2 above.
2.4 The nexus between the politician and the policeman or the
bureaucrat needs to be disrupted; the confidence of the common man needs to be
restored in the police officer and the administrator. Experts have already
written lengthy monographs on the subject and suggested specific changes. We
need to ensure that these reforms are undertaken holistically at the earliest.
As in 2.2 above
2.5 Specific offences that have inter-state, national and international
dimensions should be declared federal offences and investigated by a special
crimes division of the Central Bureau of Investigation, which should function
under the administrative control of the Ministry of Home Affairs.
Parliament has enacted the National Investigation Agency Act whereunder
certain offences are treated as offences that have inter-State ramifications and
hence the investigation and prosecution of those offences have been entrusted to
the NIA. NIA is under the Ministry of Home Affairs.
2.6 The problem of a politically and religiously biased civil service and
police service is particularly vexatious. The civil servant or police officer
who professes or practices closeness to a political or religious leader and who
thereby allows it to colour his objective discharge of duties is an anathema to
good governance.
Agreed
2.7 The root cause of the problem may possibly lie in the very process
which is used to recruit these officers. Just as in areas requiring excellence
such as the profession of medicine, the profession of governance cannot admit of
candidates whose merit is not of proven providence.
The UPSC is examining changes in the recruitment procedure for All India
Service officers. This recommendation will be communicated to the UPSC.
2.8 It serves little purpose to squander the skills and talents of a
doctor or an engineer by posting them to positions requiring a combination of
skills including administration, diplomacy, logic and legal acumen. The civil
servants who are posted at the helm of affairs ought to be picked for the skills
that they are required to exercise, rather than for completely unrelated
academic skills or for casteist or regional basis.
As in para 2.7 above.
2.9 It is inexplicable how our current system takes the brightest
academicians of the country and based only on their inter se merit, train them
variously as specialists in foreign service, revenue, police, administrative or
a veritable spectrum of "lesser" civil services. The aptitude,
training, experience and suitability of a particular candidate are of the least
concern of the current recruitment process.
As in para 2.7 above.
2.10 It is also inherently dangerous and unsatisfactory to allow civil
servants to seek patronage of political or religious leaders. The en masse
exodus of civil servants from positions of power after each election is the best
evidence of the malaise that affects our system.
Noted.
2.11 In the first half of their career, most officers fall prey to
extraneous influence for securing transfers and postings or other benefits for
themselves. In the latter half, the emphasis is equally on finding out and
securing a roosting ground for their post-retirement period.
Noted.
2.12 It is therefore my recommendation that the recruitment into the
civil and police services should be extensively revamped and recruitment on the
basis of aptitude, education, training and experience should be preferred over
recruitment on the basis of academic excellence in unrelated fields.
The UPSC is examining changes in the recruitment procedure for All India
Service officers. This recommendation will be communicated to the UPSC.
2.13 It may be particularly useful to conduct periodic exercises of screening
the members of the civil and police services to identify and weed out the
communal or biased elements.
A review of the officer’s performance is now done under the relevant
rules. The procedure of review will be strengthened and based on objective
factors, without giving room for misuse.
2.14 I also recommend that the nexus between the politicians, religious
leaders, civil servants and the police officers should be disrupted and rooted
out. Civil servants ought also to be barred from holding office of profit after
their retirement. A tenure policy should be put in place to prevent illegitimate
political interference in police and administrative functioning
Noted. A tenure policy is in place in the Central Government and has been
commended to the State Governments. Post-retirement commercial employment is
already governed by rules.
2.15 Judicial prudence and the fact that I have not been given a mandate on
administrative reforms preclude me from giving any concrete recommendations on
specific administrative reforms. Be that as it may, the urgent need for reforms
to the recruitment, service conditions, service regulations and post-retirement
avenues is writ large.
Noted. Amendment of the rules is an ongoing exercise and will be done from
time to time.
3. RECOMMENDATIONS PERTAINING TO RIOT CONTROL
3.1 The police service in India is a state subject predominantly. The same
police personnel who are deputed to man police stations and to investigate
crimes can often - though not in all cases - be found to be posted on crowd
control and riot control duties. The provincial armed police, wherever they have
been established, were ostensibly attempts to free these specialized personnel
from routine jobs and were expected to be trained in preventive and preemptive
measures.
The suggestion of separating law and order duties from investigative
duties has been commended to the State Governments. Specialised police forces
for specialised functions are being raised by State Governments. More training
institutes are being established and the training curriculum is being upgraded
to meet the new challenges.
3.2 The training and equipment given to these forces is woefully
inadequate. Bamboo sticks and flimsy sticks offer scanty protection to these
forces and pose little deterrent threat to miscreants. The use of lethal force
is rightly eschewed in favour of less deadly method which at present
predominantly includes rubber bullets or tear gas.
Agreed. Under the Police Modernisation Scheme, State Governments are
provided funds to enhance their training capabilities as well as to procure
modern equipment including non-lethal equipment.
3.3 The crowd control equipment provided to these forces is at best ad hoc
and home grown or whatever can be locally fabricated. There are few
scientifically conducted studies into the efficacy or correct usage of these
measures. The training to the peacekeepers is inadequate and equips them neither
in the optimum use of whatever material and equipment is available, nor in the
conduct which they must adhere to.
State of art crowd control equipment developed on basis of scientifically
conducted studies is already available in the country and many State Governments
have already procured them. Training in the field of crowd control forms part of
the syllabus and the syllabus is being upgraded.
3.4 A duty to quell an unruly mob must never be confused with a license to
attack, molest or hurt unarmed malcontents or miscreants who may have been
whipped up into frenzy by some occurrences or by some vested interests.
Agreed. Detailed SOPs have been developed by many States for riot control.
3.5 At the same time, the attitude cannot be of all-or-nothing. The riot
control officer must not choose only from between an all-out attack or a
permissive submission. The riot police must be highly trained to disarm,
disperse and render mobs ineffectual without having to resort to objectionable
methods.
Agreed. Capacity building for handling riot situations is emphasized in
all training programmes.
3.6 What also became painfully obvious was the danger of allowing the
guardians of peace to sympathize with miscreants to the extent that they become
a part and parcel of the problem instead of the solution. If the sympathies of
the men are suspect, the senior officers must replace them immediately by
withdrawing them and posting replacement personnel instead. If the senior
officers are unable to gauge the emotions and the involvement of their men with
the miscreants, the senior officers must be held strictly responsible for their
failure.
Agreed. State Governments will be advised again in the matter.
3.7 Police reforms, in terms of men and equipment, are long overdue. The
Indian Police Service has replaced the Imperial Police Service more than half a
century ago. The attitude and the methods must also change.
Agreed. Police Reforms is already on a high agenda of the MHA. A committee
set up by the MHA has culled out 49 recommendations relating to police
recruitment, posting promotion and grievance redressal mechanism made by various
Commissions/ Committees in the past. Government is considering these
recommendations as part of the National Police Mission. Micro Missions have been
identified and projects prepared by the Micro Missions are being commended to
the State Governments for implementation. To the extent they pertain to the
Central Government, the Central Government will implement or help in
implementing these projects.
3.8 I recommend the establishment of a centralised riot control
constabulary, equipped with modern weapons for crowd control under the control
of the Union of India. The deployment of this force should be made by the
central government independent of state, under its own supervision. A law
enabling the Central Government to take over the administration of a specified
geographical area for the purpose of crowd management or for maintaining or
restoring peace, particularly when the State Government itself is unable or
unwilling to take action, should be enacted. It should prescribe the duration
tor which such a takeover over of the administration is possible, subject to
strict review by the Parliament. Such a law would be less drastic than the
imposition of President's Rule or the dissolution of a legislative assembly.
A centralized riot control constabulary may not be required considering
that there already exists a Central Police Reserve Force which is sent to States
as and when required to augment the efforts of the State Police. Some aspects of
this recommendation will be met by the provisions of the proposed Communal
Violence (Prevention, Control and Rehabilitation of Victims) Bill.
4. RECOMMENDATIONS PERTAINING TO INTELLIGENCE AGENCIES
4.1 There are any number of intelligence agencies which exist inside
India. Each state has a myriad system of gathering human, electronic and
communications intelligence. The union government has a larger number of
agencies and operatives at work collecting information as well.
Noted.
4.2 The institutional and personal jealousies which abound and which
have been extensively written about, by insiders and by experts, prevent the
bits and pieces of intelligence from being assembled into usable and actionable
information.
Intelligence sharing is a complex issue and measures have already been
taken to improve intelligence sharing. The establishment of MAC and SMACs is a
step in this direction.
4.3 There is a strong need today to ensure coordination between the
various state and union intelligence agencies, whether they operate within
commercial, revenue, police, international or specialized domains.
As in 4.2 above
4.4 It is also imperative that the state's or union's intelligence
agencies do not become mere appendages of the incumbent government. The use of
precious intelligence resources and trained personnel for petty political gains
is wholly deplorable and must give way to higher purposes. It is imperative that
the state and central intelligence agencies share information and cooperate with
each other to ensure the overall welfare of the state and of the people.
As in 4.2 above
5. RECOMMENDATIONS PERTAINING TO THE CENTRE STATE RELATIONS
5.1 It is trite that the state and the Central Government exist for the
promotion and welfare of the citizens of the India. No State Government can
claim that it acts only for those people born solely within its boundaries or
that it will actively discriminate against those who live outside its area. The
caveats that accompany the preceding observation are few and imposed only for
particular exigencies or to protect a particularly weaker or underprivileged
section of society.
Agreed
5.2 The State Governments and the union government occupy and fulfil
complementary domains. The goal of either government is the same and the
audience it addresses is also the same. There are hardly any reasons for a State
Government to treat the union government as an adversary or vice versa. Each has
a specific purpose in our constitutional scheme.
Agreed
5.3 Party politics must come to an end upon the swearing of the oath by
a legislator. Upon taking oath, a person ought to cease thinking like a party
member and instead assume the larger and loftier role of a statesman and a
member of the government. The sworn-in ministers and the chief minister are
responsible for protecting and upholding the rights even of those who opposed
them at the hustings. The incumbent government is not entitled to discriminate
against those who belong to other political parties, religions or castes - the
proscription is not only moral, but also legal.
Agreed
5.4 The rivalry and adversarial stance adopted by a State Government composed
of ministers from one political grouping as against the members of the union
government which may be consisting of legislators from a different political
party is neither healthy nor warranted.
Agreed
5.5 As members of a single union, the State Governments must therefore trust
the union government and expect a reciprocal trust as well.
Agreed
5.6 The bone of contention between states and the union is frequently the
allocation of monies and the siting of industrial, power or other projects which
can boost the economy of the host state. It is as much incumbent upon the
Central Government to dole out its largesse equitably as it is for the State
Government not to view each other or each other's domiciles with hostility.
Agreed. It may also be pointed out that there are other institutional
mechanisms such as Finance Commission, Planning Commission etc. to ensure
equitable allocation and distribution of Central Government resources.
5.7 It is therefore my recommendation that a fresh look at inter-state
and centre state relations be undertaken with a view to advance the common good
of the people.
The Government has constituted a Commission on Centre-State Relations for
this purpose. The Commission is likely to complete its work and submit its
report with recommendations by 31st March, 2010. Besides, the Inter state
council is another forum to examine Centre State relations and to enable a
smooth working relationship between the Centre and the States.
6. RECOMMENDATIONS PERTAINING TO THE RELIGIOUS AND CULTURAL SITES
6.1 In a land as old as India, and with its rich ancient culture and
heritage, it is inevitable that each stone and each structure has a story to
tell.
Agreed
6.2 Our land has been called the cradle of most religions and for that
reason; there is a proliferation of temples and places connected with each
religion all around us.
Agreed
6.3 The historical cycles and the rise and fall of each religious movement
has also undeniably seen friction between the various communities, religions and
regional rulers.
Noted.
6.4 The disputes between various groupings about the provenance of monuments,
temples and other structures have survived into this day and age, and like in
the case of the Ram Janambhoomi - Babri Masjid issue, are capable of fomenting
unnecessary and unwanted trouble and disharmony.
Agreed
6.5 These are however not issues which can be resolved without the
participation of experts. The question whether a structure was a temple or a
mosque can only be answered by a scientific study by archaeologists, historians
and anthropologists. No politician, jurist or journalist, learned though they
may be, can provide a comprehensive answer to such questions and any attempt to
hijack the issue can only result in the chaotic consequences which resulted in
the events of December 6th 1992.
Agreed
6.6 It is therefore my recommendation that a statutory national commission be
composed of acknowledged experts to delve into these questions of the provenance
of historical monuments, artifacts etc. and their determination should be deemed
to be definitive and final.
The mandate of the Archeological Survey of India is to undertake
archaeological studies and the preservation of archaeological heritage of the
country under various Acts of the Indian Parliament. ASI's function is also to
explore, excavate, conserve, preserve and protect the monuments and sites of
National & International Importance. Hence, it is not necessary to appoint
another National Commission and it would suffice to strengthen the functions of
the ASI.
6.7 There should be no hesitation in associating the finest historians,
anthropologists and archaeologists from within and outside the country, and in
equipping these experts with the latest and most sophisticated tools in an
attempt not only to finally answer the question of the historical legacy of
these places, but also to ensure that their findings contribute to harmony and
peace between communities, castes and regions.
The Archeological Survey of India will be requested, in the discharge of
its mandate, to associate reputed historians, anthropologists and archaeologists
both from within the country and outside.
7. RECOMMENDATIONS PERTAINING TO THE PRESS
7.1 In his book On Heroes and Hero Worship, Thomas Carlyle quoted British
politician Edmund Burke who said "there [were] Three Estates in Parliament;
but, in the Reporters' Gallery yonder, there sat a Fourth Estate more important
far than they all."
Noted.
7.2 The importance and primacy of the media in a free society cannot be
denied. However, with the enormous privileges that these chroniclers of history
enjoy, they must also be alive to the trust that the common man reposes in them.
Agreed.
7.3 Unlike other learned professions like those of doctors or lawyers, the
media in India has no professional standards body capable of effectively dealing
with yellow journalism. The Press Council of India as it exists today, has no
authority to hear complaints from persons aggrieved of questionable reporting
and effectively punishing a mischievous journalist.
Agreed
7.4 There is a dire need for a body on the lines of the Medical Council of
India or the Bar Council of India which has a permanent tribunal which can
entertain and decide complaints against individual members of the press corps or
against newspapers, TV or radio channels as also media conglomerates.
Ministry of Information and Broadcasting and Ministry of Law will be
requested to examine the desirability and feasibility of establishing a Tribunal
or a Regulatory Body for the purpose.
7.5 I strongly recommend that a statutory body be setup to oversee the media
in the country. It is highly desirable that journalists ought to be granted
licenses just like the practitioners of other learned professions and ought to
be subject to disciplinary action, including suspension of the rights to work as
journalists on grounds of proven professional misconduct.
As in 7.4 above