“Every Thursday, there would be an evening Aarti at the Jalaram Bapa Temple. Then one Shaukat Ali purchased a house right across the temple. He would object to the Aarti. He eventually got 28 houses in the society sold to Muslims and now the Aarti at the temple has stopped. Not just that, the temple has now also been put up for sale,” says a source close to the developments in Bharuch on condition of anonymity.
He says that in 2019, Disturbed Areas Act was implemented in parts of Bharuch but people including administration has been exploiting loopholes which has led to demography change in certain areas. “Only Hindus lived in Soni Faliyo and Hathikhana areas in Bharuch at one point. Now there are hardly 20-25 Hindu families living there. They have decided to sell off their homes and leave,” he added.
“I’ll give you an example. You and I are both living in same residential society. You live in house no 11 and I in house no 12. Logic dictates that all houses in same residential society would fall under the Disturbed Areas Act if the area falls under it. But then these bureaucrats and others have found out loopholes. They claim that one house falls under one TP scheme and other in another and hence one house falls under Disturbed Areas Act while other does not. Everyone is turning a blind eye to this demography change,” he said.
The video shot by local media channel GujaratWatch shows how Hindus have put up signs of homes and temples up for sale. “The residents of this chawl are Hindus but it is now up for sale,” says one of the banner.
The sources in the know of the matter, however, say that when the residents protested against such taking over of property by exploiting loopholes, police and administration instead threatened to file case against them accusing them of disturbing peace. “The government was elected to protect interest of Hindus, which is why they also brought in laws like anti-forced conversion laws, disturbed areas act, but such loopholes are being exploited and administration is not doing anything,” he said.
One of the residents, Gaurang Rana, while speaking to OpIndia said that there is a modus operandi where homes of Hindus are purchased by a Hindu buyer and within just 2-3 months a Muslim person will purchase it from the Hindu buyer. “Have you ever seen such transactions where a person owns home just for 2 months before selling it off? This when the houses fall under Disturbed Areas Act?” he said.
OpIndia had earlier reported how a similar case took place in Surat where a Muslim builder brought in a Hindu partner temporarily for purchase of land in Surat’s Adajan area where Disturbed Areas Act is in place. The Act was circumvented and permission to construct a building was obtained by the Muslim builder next to a temple by bringing in a Hindu partner ‘temporarily’ to hoodwink the law.
Speaking on increased woes of remaining Hindu families left in the area, he said that there is a temple where Aarti-Bhajan take place. “They (new Muslim residents) would create ruckus and object to usage of speakers. When we go sit in the faliya (community area), they accuse us of misbehaving and threaten us with false cases. It has become too difficult for us to stay here,” he said.
“We are fed up with this mental torture. We have made presentations before the administration but nothing has come out of it,” he said. OpIndia tried to reach out to Bharuch district authorities but could not get through.
In a letter written to the administration, residents of Soni Faliya alleging illegal transfer of property to Muslim owners, said that the demography of the area is changing and it has turned into a Muslim dominated area. “If this happens, they could slaughter animals in public places which could be disturbing for Hindus, especially women and children, who are predominantly vegetarian. Similarly it may also cause hindrance to celebration of Hindu festivals. They have already stopped playing of religious songs at Jalaram Bapa temple and Shiva temple in the locality,” the residents say in a note to the Chief Minister of Gujarat written on 2nd September, 2020.
Stating that in the past there have been incidents of communal violence in this area, the residents allege that Ramesh Prajapati (Intawala), who sold off the property to Muslim owners, is trying to create an atmosphere of communal discord. They have also alleged that Prajapati has received huge sums of money for selling property to Muslims.
Alleging conspiracy, the residents say that at first one or two Muslims would buy property at high rate. Then the Hindus in the area get influenced and sell their homes. Later, when the demography changes, the remaining Hindus end up having to sell their property at lower rates because of change in demography. “A lot of Hindu areas have now become Muslim dominated areas,” the letter says. The residents further insist that a high level probe is initiated for such transfer of property.
What is Disturbed Areas Act
District Administration, to maintain communal harmony and peace, could declare certain areas as ‘Disturbed Areas’ which are susceptible to demography change. The transfer of immovable property in these areas would require an elaborate procedure. The seller, in the application, must mention that the seller is selling the property by their own free will.
Disturbed Areas Act is often wrongly interpreted that it applicable where at least one party between buyer and seller are either Hindus or Muslims. The thing is, any such transactions in such areas would require to follow due process. This is to preserve the religious and community value and identity of the areas which are susceptible to demographic change.
A Collector would carry out formal inquiry after any such application is made and police and district magistrate have to carry out the inquiry. In such cases, the authorities have to physically go to the property and take information that is publicly available and even take written approval from people affected. This includes those who live nearby that particular property as well. Only once the procedure is followed and Collector is satisfied will he approve the transfer of property.
Essentially, the Collector is the peacekeeper of the district and it is his/her responsibility that the communal harmony is maintained. To make sure things don’t escalate and communal riots do not break out, the Collector has the responsibility of keeping peace. Through this Act, the government is trying to keep a check on the polarisation of communities in sensitive parts of the state.
