Foot Soldier of the Constitution

1. Teesta Setalvad: A relentless crusader for justice in Gujarat

"It is not easy to be normal again."

Unwavering commitment. Teesta Setalvad, born into a prominent legal family, emerged as a formidable force in the fight for justice for victims of the 2002 Gujarat riots. Her journey from journalism to activism was shaped by her experiences covering communal violence and her deep-rooted belief in constitutional values.

Legal and investigative work. Through her organizations, Citizens for Justice and Peace (CJP) and Sabrang Communications, Setalvad spearheaded numerous legal interventions, including:

• Filing petitions in the Supreme Court
• Assisting witnesses in crucial trials
• Documenting evidence of state complicity
• Challenging the Special Investigation Team's (SIT) findings

Personal sacrifices. Setalvad's pursuit of justice came at great personal cost, including:

• Facing multiple false criminal charges
• Enduring raids on her home and office
• Battling attempts to freeze her organizations' bank accounts
• Withstanding constant media scrutiny and character assassination

2. The Gujarat riots of 2002: A state-sponsored pogrom

"Gujarat 2002 was about impunity of the most unique and unimaginable kind."

Scale of violence. The riots, triggered by the Godhra train burning incident, resulted in:

• Over 2,000 deaths (mostly Muslims)
• Widespread sexual violence against women and girls
• Destruction of homes, businesses, and religious sites
• Displacement of over 150,000 people

State complicity. Evidence gathered by Setalvad and others pointed to active involvement of state machinery in the violence:

• Deliberate delay in deploying security forces
• Police inaction or participation in attacks
• Ministers present in police control rooms during riots
• Inflammatory speeches by political leaders

Long-term impact. The riots left deep scars on Gujarat's social fabric:

• Ghettoization of Muslim communities
• Economic devastation for minority-owned businesses
• Erosion of faith in state institutions
• Rise of Hindu nationalist politics under Narendra Modi

3. Legal battles and investigations: Uncovering the truth

"CJP aimed to try and take up legally every aspect of the genocidal carnage, be it cases for relief camps or compensation, missing persons, accountability or the actual criminal trials."

Multi-pronged approach. Setalvad and CJP pursued justice through various legal channels:

• Filing Public Interest Litigations (PILs) in the Supreme Court
• Assisting victims in filing individual cases
• Pushing for the formation of Special Investigation Teams (SITs)
• Challenging biased prosecutions and investigations

Key cases:

• Best Bakery case: Resulted in retrial and convictions
• Bilkis Bano case: Secured justice for a gang-rape survivor
• Zakia Jafri case: Ongoing attempt to prove high-level conspiracy

Gathering evidence. Setalvad's team meticulously collected and analyzed:

• Police control room records
• Phone call data of key officials
• Witness testimonies
• Government documents obtained through RTI

4. Challenges to the justice system: Overcoming institutional bias

"Courts, in our system of things need to play the crucial role of correcting un-Constitutional executive action."

Systemic obstacles. Setalvad encountered numerous hurdles within the legal system:

• Biased local courts in Gujarat
• Reluctance of higher courts to intervene initially
• Intimidation of witnesses and lawyers
• Appointment of partisan public prosecutors

Strategic interventions. To counter these challenges, Setalvad and CJP:

• Pushed for transfer of key trials outside Gujarat
• Advocated for witness protection programs
• Challenged appointment of biased prosecutors
• Utilized media and international attention to maintain pressure

Landmark judgments. Despite obstacles, some significant legal victories were achieved:

• Supreme Court-ordered reinvestigations
• Convictions in major massacre cases (Naroda Patiya, Best Bakery)
• Establishment of SITs to probe high-level involvement

5. The power of documentation and evidence in fighting impunity

"Never before in the history of human rights jurisprudence have former judges agreed with such élan to be part of an on-going investigation."

Meticulous record-keeping. Setalvad's approach emphasized thorough documentation:

• Maintaining detailed records of victim testimonies
• Analyzing government documents and police logs
• Preserving physical evidence from crime scenes
• Collecting affidavits from whistleblowers within the system

Innovative use of technology. CJP utilized:

• Analysis of phone call records to establish communication patterns
• Sting operations to capture confessions (e.g., Operation Kalank)
• Digital archiving of evidence for easy retrieval and presentation

Building public memory. Efforts to preserve the historical record included:

• Publishing detailed reports and books
• Creating online archives of testimonies and evidence
• Proposing memorials and museums to commemorate the victims

6. Personal costs of activism: Facing intimidation and false accusations

"The Government has – almost obsessively – sought to cut me down to size."

Legal harassment. Setalvad faced multiple criminal cases, including accusations of:

• Tutoring witnesses
• Embezzlement of funds
• Violation of foreign funding regulations

Physical threats. Incidents of intimidation included:

• Attacks on her vehicle
• Threats of violence from right-wing groups
• Constant surveillance and phone tapping

Character assassination. Media campaigns sought to discredit Setalvad by:

• Questioning her motives and integrity
• Portraying her as anti-national
• Focusing on personal details to distract from the core issues

Resilience and support. Setalvad persevered through:

• Legal aid from committed lawyers
• Solidarity from civil society and international organizations
• Unwavering belief in the importance of her work

7. The importance of constitutional values and secularism in India

"Shouldn't one then use that entitlement to further and deepen rights and democracy as well as the sense and quality of justice?"

Upholding the Constitution. Setalvad's work emphasized:

• Equal rights for all citizens, regardless of religion
• Holding state actors accountable to constitutional principles
• Challenging laws and policies that discriminate against minorities

Secularism under threat. The Gujarat riots and their aftermath revealed:

• Rising Hindu nationalist sentiment
• Erosion of secular institutions
• Marginalization of religious minorities in politics and society

Education and awareness. Setalvad's efforts included:

• Developing educational curricula promoting communal harmony
• Organizing public meetings and lectures on constitutional values
• Using media platforms to counter divisive narratives

8. Media's role in shaping public perception of communal violence

"The media did not merely report the attacks on me. They participated in them."

Initial coverage. During and immediately after the riots:

• Some courageous reporting exposed state complicity
• Graphic images and testimonies shocked the nation
• International media attention brought global scrutiny

Shift in narrative. Over time, mainstream media coverage changed:

• Focus moved away from justice for victims
• Increasing portrayal of Modi as a strong leader
• Uncritical acceptance of government narratives

Alternative voices. Setalvad's work in media included:

• Founding Communalism Combat magazine
• Utilizing social media and online platforms
• Collaborating with independent journalists and filmmakers

Media trials. Setalvad herself became a target of media attacks:

• Sensationalized reporting of false accusations
• Lack of context in covering legal cases against her
• Limited coverage of her work and achievements

9. The long road to justice: Persistence in the face of adversity

"We wanted to deconstruct hate politics and encourage voices of peace and hope."

Incremental progress. Over two decades of struggle resulted in:

• Convictions in some major riot cases
• Increased awareness of state complicity in violence
• Development of legal precedents for addressing communal violence

Ongoing challenges. Justice remains elusive due to:

• Political protection of high-level accused
• Delays in court proceedings
• Intimidation of witnesses and activists

Broader impact. Setalvad's work contributed to:

• Strengthening civil society networks
• Inspiring a new generation of human rights defenders
• Keeping the issue of justice for riot victims in public discourse

Future directions. The fight for accountability continues through:

• Pursuit of high-level conspiracy cases (e.g., Zakia Jafri petition)
• Advocacy for comprehensive legislation against communal violence
• Efforts to reform police and judicial systems

Last updated: October 8, 2024