Recommendations

In view of the considerations contained inour report, we would recommend that a Commission of Inquiry — set up inaccordance with the relevant law and consisting of eminent non-official andnon-political personalities, known and respected for their objectivity,impartiality, integrity and experience — be constituted to ascertain all thefacts concerning the events that took place between 31 October and 4 November inDelhi.

Our conclusions make it amply clear that the first and most essentialresponsibility of the Government should be to identify all the culprits,regardless of their social, political or economic standing, and to deal withthem in strict accordance with the law of the land. Many of them have been namedor identified on several occasions. They must be brought to trial without anyfurther delay.

To facilitate comprehensive and expeditious investigations, an adequate numberof special investigation teams, consisting of experienced personnel of knownintegrity and competence, should be constituted forthwith. To ensure speedydisposal of such cases, special courts, competent to award deterrent sentenceswithout procedural delays, should be set up — under a special law, ifnecessary.

Only such steps will convince the people that the Government does not allow anyindividual, however influential or well-placed, to violate the law withimpunity. The supremacy, uniformity and majesty of the law must be upheld.

We have referred to the utter failure and dereliction of duty of the police inDelhi. Some of them have been accused of instigating or even participating inthe criminal acts committed during the fateful five days. Wherever suchofficials are found to have committed crimes, they should be prosecutedaccording to the law. Negligence or dereliction of duty calls for exemplarypunishment after departmental enquiry. Where appropriate, recourse could be hadto the proviso to Article 311 of the Constitution.

The scales of compensation announced so far are inadequate and need to bereviewed. We recommend that full compensation be given to all who have losttheir means of livelihood, to those whose dwellings have been destroyed ordamaged or whose property has been looted and not recovered, and to those whoselarge or small shops or factories have sustained damage. Special considerationshould be given to widows and orphans. We recommend that widows be given a largeenough sum of money which could yield an adequate annuity if invested. Orphansand children of women widowed during the disturbances should be provided withfree education along with a suitable stipend to take care of their maintenanceso long as their studies are not completed.

Trucks, private cars, scooters, taxis, auto-rickshaws, cycle-rickshaws and othervehicles were destroyed in their hundreds. In the majority of cases, thesevehicles, whether owned or hired, provided the owners with their means oflivelihood. Ad hoc compensation should be given for all damaged or destroyedvehicles in cases where the insurance cover did not include damage during riotor civil commotion. If a particular kind of vehicle is in short supply,directives should be issued to ensure priority supply.

Many victims are not willing to return to their former residential areas.Suitable alternative sites should be provided, comparable to their previousplaces of residence. Relocation of widows should be effected only after dueconsultation with them and their individual consent obtained as far as possible.

For loss of business or damage to premises, factories or stock-in-trade, wherethey were uninsured, interest-free loans for a restricted period should beauthorised. If this is not found possible, at least the differential rate ofinterest should be extended to them.

The Commission was informed that in some areas women had been abducted. Vigoroussteps should be taken to recover and reunite them with their families.

By extending protection to Sikhs, some non-Sikh individuals sustained damage totheir property. Generous compensation should be given to such persons who riskedtheir lives and property in this endeavour.

To those whose houses, shops or factories were destroyed or damaged, controlleditems, amongst them building materials, should be supplied on a priority basisand at a concessional price.

Delhi, being the capital, is a microcosm of the country. Its police force shouldrepresent this variety to the maximum extent feasible bearing in mind otherservice requirements and desiderata. As recent events have shown, the presentforce has forfeited public confidence. Serious thought should therefore be givento its reorganisation.