Taking Measures Against Destruction of Temples and Houses of Religious Minorities and Land Grabbing

Introduction:

Destruction of temple and houses of religious minorities and land grabbing can be considered as a way to express hatred towards religious minorities.[1]It is not only in the modern days that the world is witnessing an enormous eruption of violence out of religious or ethnic hatreds.[2] Throughout history mass killing, eviction, and other types of human rights violations are being committed against each other only because of their religious, ethnic or linguistic differences.[3] The pace of minority population decrease has quickened in recent years and several districts of Bangladesh are now witnessing the decrease of their minority population in absolute numbers.[4] Several districts of Bangladesh are now witnessing the diminishing of their Hindu and Buddhist populace supreme numbers.[5] Looting and burning of households, destruction of temples and religious idols, murder, rape, forced religious conversion, illegal occupation of property, extortion, threats to family structures and other soft and hard intimidations are reducing and forcing this population to migrate.[6]

As per the report of Freedom House from 2015, religious minorities face societal discrimination and harassment in Bangladesh.[7] Minority groups and their houses of worship are the targets of violence.[8] The 2016 US Commission on International Religious Freedom (USCIRF) report states that-

during the reporting period, religious minority leaders and laity from the Christian, Shi’a Muslim, Hindu and Buddhist communities were killed, injured or threatened and some houses of worship were attacked.[9]

According to International Religious Freedom (IRF) report of 2014,

Religious freedom organizations said it was often difficult to determine to what extent the attacks were motivated by religious animosity or by criminal intention, personal conflict, property disputes, political concerns etc.[10] The report also notes that the most frequent abuses were looting and destruction of religious sits and homes.[11]

The International Crimes Tribunal sentenced Delwar Hossain Sayeedi, the vice-president of the Jamaat e Islami to death for war crimes committed during the 1971 Bangladesh Liberation War on 2013.[12] Following the sentence, Hindu properties were looted, Hindu houses were burnt into ashes and Hindu temples were vandalized.[13]

This chapter will address the issues, which an activist, lawyer needs to know while assisting a victim of temple destruction, destruction of houses of religious minorities and land grabbing. Human rights activists, community leaders and lawyers need to understand the legal framework while they are working with the victims of temple destruction, house and land grabbing. This chapter will focus on the following issues:

International legal framework regarding destruction of temple and houses of religious minorities and land grabbing

Incidents of destruction of temple and houses of religious minorities and land grabbing in Bangladesh

Laws of Bangladesh addressing destruction of temple and houses of religious minorities and land grabbing

Steps an activist or an advocate undertake to assist the victims of temple destruction and land grabbing

International legal framework regarding destruction of temple and houses of religious minorities and land grabbing

SL No.	International legal framework regarding destruction of temple and houses of religious minorities and land grabbing	Articles
1.	Hague Regulations (1899)	Article 56 provides that the property of the communes, that of religious, charitable, and educational institutions, and those of arts and science, even when State property, shall be treated as private property. … All seizure of, and destruction, or intentional damage done to such institutions, to historical monuments, works of art or science, is prohibited.
2.	Hague Regulations (1907)	Article 56 provides that The property of municipalities, that of institutions dedicated to religion, charity and education, the arts and sciences, even when State property, shall be treated as private property. All seizure of, destruction or willful damage done to institutions of this character, historic monuments, works of art and science, is forbidden, and should be made the subject of legal proceedings.
3.	ILC Draft Code of Crimes against the Peace and Security of Mankind (1996)	Pursuant to Article 20(e)(iv) of the 1996 ILC Draft Code of Crimes against the Peace and Security of Mankind, “[s]eizure of, destruction of or willful damage done to institutions dedicated to religion, charity and education, the arts and sciences, historic monuments and works of art and sciences” is a war crime.
4.	The Universal Declaration of Human Rights (1948)	Article 17 provides that everyone has the right to own property alone as well as in association with others and no one shall be arbitrarily deprived of his property.
5.	The European Convention on Human Rights, 1950	Protocol 1, Article 1 provides that every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possession except in the public interest and subject to the conditions provided for by law and by the general principles of international law.
6.	The International Convention on the Elimination of All Forms of Racial Discrimination, 1965	Article 5 provides that everyone has the right to equality before the law without distinction as to race, color and national or ethnic origin, including the "right to own property alone as well as in association with others” and "the right to inherit".

Incidents of destruction of temple and houses of religious minorities and land grabbing in Bangladesh:

Since independence, there are so many incidents regarding destruction of temple and houses of religious minorities and land grabbing in Bangladesh.[14] Most of the land seizures took place in the districts of Natore, Pirojgonj, Chittagong, Narsingdi, Bagerhat, Barisal, Manikganj, Tangail, Satkhira, Pabna, Manikganj and Munsgiganj.[15]

Published on	Incidents
Times of India, February 5, 2010,	A group of 30 to 35 men attacked an ancient Hindu temple in Sonargaon of Narayanganj District. The group vandalized the temple and four houses, injuring at least five persons and destroying six idols.
The New Age, between March and May 2010	Individual allegedly attempting to seize land felled forty trees belonging to the Hindu community and occupied the Arpara Bazar Temple land in the Sadarupazila.
Naya Diganta, April 20, 2010	A group of individuals attempting to seize land, backed by the locals, occupied the Shree Shree Rajeshwari Temple in the village of Ambaria. The temple property was still in dispute, and the local Hindu community was unable to worship there.
bdnews24.com, September 8, 2013	Unidentified persons have vandalized idols at two temples of Hindu goddess Kali in Netrokona Sadar. At Jongol boruari village the idols of goddess Kali and Mahadeb were found wrecked, said Nirmol Das and PankajSaha Roy, secretary of Upazila Pooja Celebration Committee. The vandal had broken into the temple and beheaded the idols and left the heads lying inside.
Ramu Violance, September 29, 2012	On 29 September, at around 10 P.M. at night, some people staged a procession in Ramu in protest of the perceived blasphemous image uploaded to a Facebook account. At around 11:30 PM, some of the Buddhist houses were torched. Subsequently, Buddhist temples, monasteries, and residences were also torched. Ten Buddhist villages were attacked as well with gunpowder, kerosene, and petrol, used for the purpose. The arson continued till 3 A.M. in the morning of 30 September. On 30 September, in the evening, Buddhist monasteries and Hindu temples were attacked in UkhiaUpazila in Cox's Bazar District. Two more Buddhist monasteries were burnt in Ukhiya early on Monday. At Marichya, the Dipankar Bouddha Bihar was torched while at Khairatipara the Pangyamitra Bouddha Bihar was also torched. By Monday, a total of six monasteries and temples have been damaged in Ukhia. The fanatics also burnt the MatriMandir Hindu temple in Jelepara. The violence spread to Patiya Upazila in Chittagong District on Sunday. At noon, Buddhist monasteries and Hindu temples were attacked in Patiya. After the midnight past Sunday i.e. on the early morning of 1 October 500 workers of the Western Marine shipping company torched two Buddhist monasteries and one Hindu temple in Patiya. In Kalagaon, the Ratnankur Bouddha Bihar and the Nabarun Sangha Durgabari were torched as was the Abhay Bouddha Bihar in Lakhera. Rohingya refugees from Myanmar are suspected to be involved in the attacks. On Tuesday afternoon, 2 October, three Rohingyas was arrested by the police in Chakaria Upazila of Cox's Bazar District while they were trying to attack a Buddhist monastery in Manikpur.
The Daily Star, May 30, 2013	Century old idols of a Krishna temple at Kuleshwari Bari in Hossainpur of Kishoreganj lay in ruins after criminals attacked the temple Tuesday night. Locals said the Hindus have been offering prayers at the temple for around 150 years.
Bangladesh minority council, November 29 2017.	On 13 January 2016, an indigenous woman was stabbed by land grabber over a land dispute at Sarappur village under Madhainagar union of Tarashupazila in Sirajgonj district. The victim is Shefali Rani Singh, wife of Golak Singh on the same village. Locals said that there was a dispute over a piece of land between Mohammad Hamza and Shefali Rani Singh. Recently Court gives judgment in favor of Shefali.

Laws of Bangladesh addressing destruction of temple and houses of religious minorities and land grabbing:

SL No.	Laws of Bangladesh addressing destruction of temple and houses of religious minorities and land grabbing	Articles/Sections
1.	The Constitution of the Peoples Republic of Bangladesh, 1972		Article 27 ensures that all citizens are equal before law and entitled to equal protection of law.
2.	The Constitution of the Peoples Republic of Bangladesh, 1972		Article 13(c) guaranteed “private ownership that is ownership by individuals within such limits as may be prescribed by law.
3.	The Constitution of the Peoples Republic of Bangladesh, 1972		Article 42 (1) provides that every citizen shall have the right to acquire, hold, transfer or otherwise dispose of property, and no property shall be compulsorily acquired, nationalized or requisitioned save by authority of law.
4.	The Constitution of the Peoples Republic of Bangladesh, 1972		Article 43(a) provides that every citizen shall have the right to be secured in his home against entry, search and seizure.
5.	The Penal Code, 1860		Section 329 provides that whoever voluntarily causes grievous hurt for the purpose of extorting from the sufferer or from any person interested in the sufferer any property or valuable security…. Shall be punished with imprisonment for life, or imprisonment of either description for a term which may extend to ten years and shall also be liable to fine.
6.	The Penal Code, 1860		Section 442 provides that whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place of worship, or as a place for the custody of property is said to commit “house- trespass’’. Section 448 provides that whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand taka or with both.

Steps an activist or an advocate undertake to assist the victims of temple destruction:

SL No.	Assisting the victims of temple destruction
1.	Giving emotional and psychological support
2.	Collecting & understanding the fact
3.	Seeking help from Legal Aid
4.	Filing FIR
5.	Filing Writ Petition
6.	Application for Permanent Injunction
7.	Giving advice to secure the records regarding the incident
8.	Complaining to the National Human Rights Commission

Exercise:

On 11th September, in the evening, Buddhist monasteries and Hindu temples were attacked in Pankouri Upazila in Churighat District. At Makhipur, a total of six monasteries and temples have been damaged. The fanatics also burnt the Shorgo Mandir Hindu temple in Jelepara.

Suppose, you are an activist/a lawyer. Now-

How will you assist the whole community in this regard?

Outcomes of this Chapter:

SL No.	Outcomes
1.	Understanding International legal framework regarding destruction of temple and houses of religious minorities and land grabbing
2.	Identifying Incidents of destruction of temple and houses of religious minorities and land grabbing in Bangladesh
3.	Gathering knowledge about Laws of Bangladesh addressing destruction of temple and houses of religious minorities and land grabbing
4.	Gathering knowledge about the Steps an activist or an advocate undertake to assist the victims of temple destruction

[1]Mondal, C.G. (2019). The Trajectories of Hindu Existence in Bangladesh: A Politico-Legal Exploration. ELCOP Yearbook of Human Rights. p. 129.

[2] Kabir, G. M. (1978). Minority Politics in Bangladesh, 1947-1971. University of British Columbia.

[3] Ibid

[4] Barua, Jyoti, A. (2017). 10th session: Minority Youth: towards inclusive and diverse societies. Bangladesh minority council. P. 1

[5] Ibid

[6] Ibid

[7]Freedom in the World 2016: Bangladesh. Freedom House (2016). Retrieved from: https://freedomhouse.org/report/freedomworld/2016/bangladesh. Accessed on: 09.02.2021

[8] ibid

[9]Ali, A. (2016, June 13). Brutal Killings Target Bangladesh Religious Minorities. USA today. Retrieved from: https://www.usatoday.com/story/news/world/2016/06/13/brutal-killings-target-bangladesh-religious-minorities/85842236/ Accessed on: 09.02.2021

[10] Ibid

[11] Ibid

[12]Alam, S. (2013, March 13). "Hindu temples, homes attacked across Bangladesh". Agence France-Presse. Retrieved from: https://web.archive.org/web/20130317035708/http://en.newsbharati.com/Encyc/2013/3/3/Hindus-under-attack-in-Bangladesh.aspx Accessed on: 09.02.2021

[13] ibid

[14]Hasnat, R. (2017). Systematic Persecution of Religious Minorities: Bangladesh Perspective. Journal of Humanities and Social Science.

[15] ibid