BJP leader Charged in Nun’s Rape

Friday, 11 December 2009
Vishal Arora/ Compassion News

Police in Orissa state have arrested an official of the Hindu nationalist Bharatiya Janata Party (BJP) for allegedly leading an attack that ended in the rape of a Catholic nun during last year's anti-Christian mayhem in Kandhamal district.

Officers in the eastern state of Orissa had been searching for Gururam Patra, identified by local residents as the general secretary of the BJP in Kandhamal district, for more than 14 months. Arrested on Saturday in Balliguda, Patra was charged with leading the attack but not with rape.

Dilip Kumar Mohanty, an investigating officer, told Compass that a non-bailable warrant had been issued against Patra, accused of being "the main organizer" of the attack on Aug. 25, 2008, in which then-28-year-old Sister Meena Lalita Barwa said she was gang-raped. Mohanty said he had gathered "sufficient evidence" against Patra.

"He is the one who went into the house where the nun was staying and took her out, along with his associates who outraged her modesty," Mohanty said.

Previously police had arrested 18 associates of Patra.

The Rev. Ajay Singh of the Catholic Archdiocese of Cuttack-Bhubaneswar told Compass that Patra had become a "terror" for local Christians, as "he was threatening against [those] identifying the accused in numerous cases."

Violence in Kandhamal took place in August-September 2008, killing more than 100 people - mostly hacked to death or burned alive - and incinerating more than 4,500 houses, as well as destroying over 250 churches and 13 educational institutions. The violence began after a VHP leader, Swami Laxmanananda Saraswati, was killed by Maoists (extreme Marxists) on Aug. 23. Hindu extremist groups wrongly blamed local Christians for the assassination.

A local Christian from K. Nuagaon village, where the nun said she was raped, told Compass on condition of anonymity that Patra was the general secretary of the BJP for Kandhamal district. But the BJP and its ideological mentor, the Hindu nationalist conglomerate Rashtriya Swayamsevak Sangh (National Volunteer Corps or RSS), were reluctant to admit association with him.

Suresh Pujari, president of the Orissa state BJP, told Compass that he did not know if Patra was a member of his party.

"I have heard his name, but I have never met him," he said. "The BJP is a big organization, and I cannot know everyone."

RSS spokesperson Manmohan Vaidya told Compass that Patra was a block president (a local government position) in Balliguda during the violence.

"He may have attended a few meetings of the RSS, but he was never associated with the organization officially," he said.

Investigating officer Mohanty said police have yet to establish his affiliations, but "it appears that he was from the RSS group." Mohanty said Patra was not accused of rape but of being the main leader of the attack.

On Nov. 11, Orissa Chief Minister Naveen Patnaik, told the state assembly House that 85 people from the RSS, 321 members of the Vishwa Hindu Parishad (World Hindu Council or VHP) and 118 workers of the Bajrang Dal, youth wing of the VHP, were rounded up by the police for the attacks in Kandhamal.

Educated by Christians

Union Catholic Asian News (UCAN) agency reported Patra attended a Catholic school, Vijaya High School, in Raikia town in Kandhamal district.

The news agency quoted the Rev. Mathew Puthyadam, principal of the school when Patra attended, as saying that he was a good student and respected the priests.

"I really wonder how he changed," Puthyadam told UCAN.

UCAN reported that Puthyadam said right-wing Hindu groups commonly recruit people educated at Christian schools and indoctrinate them against Christians. There were a few other former students of Catholic schools who also led mobs that attacked Christians in Kandhamal, he added.

Puthyadam reportedly said that when Patra's mother brought him to the school, she said he lost his father in early childhood and they had no money to continue his studies; the priest arranged sponsorship through a Christian aid agency to cover his fees and lodging at Bishop Tobar Hostel.

‘Police Refused to Help'

It was during these attacks that Barwa of the Divyajyoti Pastoral Centre in K. Nuagaon area in Balliguda, said she was attacked and raped.

At an Oct. 24, 2008, press conference, the nun said 40 to 50 people attacked the house in which she and priest Thomas Chellantharayil were staying; he also was attacked in the Aug. 25 incident. She said the assailants first slapped and threatened her, then took her out of the house.

"There were three men who first threatened to throw me into the smoldering fire," she said. "Then they threw me on the veranda [which was] full of plastic pieces. One of them tore my blouse and undergarments. While one man stood on my right hand, the other stood on my left hand and the third man raped me."

Another man tried to rape her as she got up, she said, and when a mob arrived she was able to hide behind a staircase. But the mob pulled her out and threatened to kill her while others wanted to parade her naked in the street.

"They then beat me up with their hands," she said. "I was made to walk on the streets wearing my petticoat and sari, as my blouse was torn by one of the attackers. When we reached the market place I saw two policemen there. I asked them to help me, but they refused."

When the nun filed a complaint at the Balliguda police station, she said, police made no arrests until The Hindu newspaper highlighted her case on Sept. 30, 2008.

Christian leader John Dayal, a member of India's National Integration Council, said the government has yet to fully address violence against Christians.

"The administration, civil and police, have to act with their full strength to stop the hate campaign that has been unleashed in the last one year, and which has penetrated distant villages, creating schism and hatred between communities," he said.

On Sunday Christians and rights activists formed a new organization, the Association of Victims of Communal Violence in Kandhamal in Phulbani to deal with the growing communal divide in Kandhamal.

"The major task of the new association, working closely with clergy and civil society activists irrespective of religion, is to restore public confidence and to ensure that the victims and witnesses felt safe enough to depose in court," said Dayal.

He said Christian leaders hope this grassroots initiative will also help in the process of reconciliation and allow people to go back to their villages, where right-wing groups are threatening them with death if they do not convert to Hinduism.

Dayal also said there were rumors of human trafficking in Kandhamal, and that the new association felt special projects for women and especially young girls were urgently required.

"I pray they remain rumors," he added.

Let we forget

LEST WE FORGET

In its annual report for 2008, India’s Ministry for Home Affairs recorded that the country had witnessed a high incidence of communal violence --- as many as 943 communal incidents, mainly against Muslims and Christians, took place in which 167 persons were killed and 2,354 persons were injured. The figures were up from those of 2007, when there were 761 incidents in which 99 persons were killed and 2,227 persons were injured.

Some details:

ORISSA

14 (of 30) Districts hit

315 Villages destroyed

4,640 Houses burnt [State government earlier estimates 4,215]

54,000 Homeless initially

20,000 People still living as Internally Displaced Persons

1,500 People still in Government run camps / enclaves

120 People murdered [Estimated, but not officially acknowledged]

7 Priests/ Pastors killed

10 Fathers/Pastors/Nuns injured

3 Rapes confirmed [One of Nun]

252 Churches destroyed [estimated by State government]

13 Schools, colleges destroyed

827 cases have been registered

6 persons convicted

4 Cases in which all accused acquitted

Registered

2. KARNATAKA

8 (of 29) Districts affected

33 Churches attacked update again

53 Christians injured in attacks, including Nuns assaulted by state police.

[This does not include incidents of violence and persecution witnessed in Tamil Nadu, Madhya Pradesh, Maharashtra, Kerala, Andhra, Chhattisgarh, Delhi and many other States in 2008-09]

The reality of Kandhamal – One year on, the crisis of State continues

Our Lord teaches us not to hate. We do not hate our enemies.

But Fear is real, specially in Orissa’s Kandhamal district.

It is not just Kandhamal, or indeed Orissa. Unfortunately, circumstances in India are such that the religious minorities and the marginalised groups, the Dalits and others, have to live under the shadow of fear, of violence and domination, hate and official impunity, always looking over the shoulder for the next threat. Priests in forest parishes, pastors in villages, evangelists in distant rural areas, and social activists live under a very real and very dark shadow of fear.

In Kandhamal a year after that dreadful day of 24^th August 2008, the situation remains terrible. We know for a fact that perhaps as many as 20,000 [of the 50,000 who were rendered homeless when almost 5,000 houses were torched by Hindutva mobs] remain internally displaced persons, living as refugees or beggars in other towns of Orissa and in nearby states, some even in Mumbai and New Delhi. Some live in Christian ghettos created by the government which could not protect them in their home villages.

We know that so called fast track courts of the Orissa government have set free known killers because the police did not prepare a sound case and because the state failed to protect witnesses who were threatened and who could not give evidence. We know that government has reneged in its promise of financial relief and rehabilitation of widows and other victims of the violence. We also know to our deep regret how even so called judicial commissions headed by retired High Court judges have tried to pin blame on Christians citing conversions as the main cause of violence without even trying to identify the perpetrators of murderous violence.

The threat is potent enough for many Christians to prefer to live in government refugee camps in ghastly conditions because the killers roam scot free in their home villages while the police look on. All this has been documented by the international media, and by noted Indian Christian investigative reporters such as Anto Akkara and Vishal Arora. Independent scholars Professor Angana Chatterji of California, and Prof Manoranjan Mohanty and Advocate Vrinda Grover, both of New Delhi have documented this. Even the National Minorities Commission has commented on it. And of course the Church and its Human Rights activists continue to raise the issue with the National and State governments. The uneasy peace is maintained by armed police whose energies have however been diverted to cope with Maoist militant activity in this region and other states.

The main threat continues to be from Hindutva elements who have tasted blood and who have prospered and flourished under official patronage. Many of them are now joining the ruling party, the Biju Janata Dal. The police and administration is also heavily infiltrated by these elements. The lack of a witness programme and the involvement of crucial police officers prevent real investigation and ensure s a miscarriage of justice. We await superior court judgments to petitions that these criminal cases be tried outside Kandhamal and outside Orissa so that witness protection programmes can be put into place. .Official impunity, the tacit support to Hindutva, and increasing polarisation do not augur well for religious minorities.

But this is our homeland, and we will remain, even if the struggle for justice has to continue indefinitely. It is the state’s duty to end violence, a duty it must carry out. We are before the Supreme Court for this, as also before the President of India. We also know that the international human rights community is watching India.

For the Christians of Orissa, and of Kandhamal in particular, there is the strength of faith which prevents the fear from becoming a routing or crippling paralysis. Even in the darkest hour of violence in Orissa a year ago, the people refused to abandon their faith, and that is where they conquered fear of that sort.

As for reconciliation, most of us have been working for reconciliation and peace. Not reconciliation as a compromise, or as a sign of defeat; not reconciliation as surrender; but reconciliation born out of forgiveness and underpinned by justice ensured by the state. Murderers and killers, who did the violence out of ideologies of hate and mischief, need to be punished, but communities need to get over the suspicion and hate and come together once more.

Time is ripe for genuine reconciliation in Orissa and elsewhere.

Page four

Demands and Recommendations which the government must implement in Orissa:

i. Investigate the forcible conversion of Christians to Hinduism, and prosecute perpetrators under the provisions of the Indian Penal Code;

ii. Ensure that (with reference to the ruling of the Supreme Court in Writ Petitions) police unfailingly assist victims of violence to submit FIRs.

iii. There must be a Witness Protection Programme put into immediate operation giving serious consideration to the need for a suitable atmosphere for victims and witnesses to testify, in order to expedite prosecutions and convictions;

iv. Investigate reports of police officers failing to register cases or showing complicity in attacks, and bring prosecutions against offending officers;

v. Supply a substantial number of investigating officers and public prosecutors, and implement fast-track courts in at least four locations in Kandhamal district.

vi. Request that the Central Bureau of Investigation (CBI) carry out an investigation into the assassination of Vishwa Hindu Parishad leader Lakhmanananda Saraswati and the subsequent anti-Christian violence from 24^th August 2008, paying specific attention to the root causes of this violence, including the propagation of anti-Christian hatred;

vii. The Government should take measures to carry out an extensive research with the view to rehabilitating the victims of violence, make the recommendations public, and implement them without loss of time.

viii. Provide education to displaced children

ix. Provide further compensation for those who have been affected by the violence, including covering the loss of crops, livestock and employment, and assess required levels of compensation on a case-by-case basis through certified independent evaluators;

x. Undertake to follow the recommendations of the National Commission for Minorities in September 2008 on the establishment of Peace Committees, and further to take measures to ensure that all communities are adequately represented within such Peace Committees, to enable these to promote reconciliation and inter-communal understanding with integrity;

xi. Establish a State Commission for Minorities (in the model of its national counterpart) and ensure that members of the commission are appointed by transparent and non-partisan procedures;

xii. Repeal the Orissa Freedom of Religion Act, 1967.