Justice M Rama Jois moves a private member resolution in Rajya Sabha
BJP Rajya Sabha MP Justice (retd) Shri M Rama Jois moved a private member resolution in Rajya Sabha on August 30, appealing for the constitution of a National Reconciliation Adalat for establishing a Communal Riot Free India. Shri Jois, however, withdrew the resolution after the Minister of State for Home RPN Singh assured in the House that the Government will think over it. Following is the full text of the resolution moved by Shri Rama Jois in the Rajya Sabha:
“Shri M Rama Jois to move the following Resolution:
“Having regard to the fact that:
(i) the communal riots take place in different parts of the country on several occasions between Hindus and Muslims causing colossal loss of life and property to both;
(ii) more than that the people of India get divided on communal lines which is disastrous to the unity of the Nation and feeling of fraternity which is one of the objectives of the Constitution;
(iii) in the larger interest of the Nation, it is necessary to take steps towards establishing Communal Riots free India;
(iv) all is done on such occasions when a riot takes place is to appeal for peace, hold public meetings or to pay compensation to the victims and forget it and repeat the same after another riot takes place and in the meanwhile indulge in making mutual allegations;
(v) this state of affairs should not be allowed to continue as Hindus and Muslims have to live in this Country for all times to come with peace and harmony;
(vi) it is necessary to diagnose the root causes of communal riots and remove them in order to strengthen the feeling of fraternity;
(vii) it is matter of common knowledge that the opposition:
(a) to the enacting of uniform law in the matter of marriage and divorce;
(b) to a total ban on cow slaughter though it is a mandate of article 48 of the Constitution; and
(c) to restore the three of the most sacred places at Ayodhya, Mathura and Kashi to Hindus;
is the root of disharmony between Hindus and Muslims and an earnest effort to settle these issues amicably, is in the interest of the Nation;
(viii) Mahatma Gandhi in his book My Picture of Free India, at page 214-215 has stated that-
“We Indians of whatever religion, have to live together. We are of the same soil, we are nursed by the selfsame Mother and we cannot go on killing each other if India is to live. Let all of us Hindus, Mussalmans, Parsis, Sikhs, Christians, live amicably as Indians, pledged to live as the children of the same Mother, retaining our individual faiths and yet being one, like the countless leaves of one tree.
Hindus, Muslims, Parsis, Christians and other are equally the sons and daughters of India and have equal rights of citizenship”;
(ix) the Supreme Court in the Ayodhya Case (1994 (6) SCC 360 para – 89) has observed that-
“The hearing left us wondering why the dispute cannot be resolved in the same manner and in the same spirit in which the matter was argued, particularly, when some of the participants are common and are in a position to negotiate and resolve the dispute. We do hope this hearing has been the commencement of the process which will ensure an amicable resolution to the dispute and it will not end with the hearing of this matter. This is a matter suited essentially to resolution by negotiations which does not end in a winner and a loser while adjudication leads to that end, it is in the national interest that there is no loser as the final outcome does not leave behind any rancour in any one. This can be achieved by a negotiated solution on the basis of which a decree can be obtained in terms of such solution, in these suits. Unless a solution is found which leaves every one happy, there cannot be the beginning for continued harmony between “we the people of India”;
(x) what the Supreme Court has observed regarding Ayodhya applies equally to other disputes;
(xi) that a recent judgment of the Allahabad High Court in Ayodhya case has narrowed the controversy and has brightened the scope for full and final settlement of the dispute amicably; and
(xii) the national interest demands the necessity of bringing about national reconciliation between the Hindus and the Muslims for a harmonious living;
this House, therefore, urges upon the Government to constitute by law, a National Reconciliation Adalat presided over by a retired Chief Justice of India and one or two retired judges of the Supreme Court and a few reputed and respectable saints or leading personalities of both the communities as members empowering that Adalat to bring about amicable settlement of the disputes once and for all for establishing a COMMUNAL RIOT FREE INDIA”.
NEW DELHI
August 27, 2013
SHUMSHER K SHERIFF
Secretary-General
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