THE SHAME OF KANDHAMAL

The untold story of gender violence in Orissa

JOHN DAYAL

On a recent visit to Orissa, I interviewed a 13 year old girl who had been gang raped on Dussehara evening in a forest in Kandhamal, not far from her home in a  small township. She was returning with her companions from a  “mela” or fete organized to celebrate the victory of good, exemplified by the Lord Rama, over evil, represented in lore by the effigy of abductor King Ravana.  Torn and naked, barring coat someone had given to hide her body, she made it to the town, and eventually to her extended family. After a long struggle and encounter with a foul mouthed woman police inspector and a callous official of the Orissa government’s Women’s Commission, the family managed to get a First Information Report lodged with the Police. The case is still not in court.

Another girl, also about 13 or 14 years old, was not so lucky. Coming home from another fete, she was captured by a gang of young men, stripped and gang raped. They then tied her to a tree, and  in a frenzy, killed her.

And now, a fact finding team, organized by the National Campaign for Dalit Human Rights and others, which went to Kandhamal early in January, has discovered the rape of a third girl. All of them were either Dalits or Tribal. And two of them were Christian.

Away from the mass movement in New Delhi and other big towns, both spontaneous and organized,  of the gang rape and murder of “Brave-heart Daughter of India” as media and politicians called her, there has been a   stunning silence on rapes of Dalit and Tribal women across the country, often enough by members of the police an security forces, and the absolute impunity that goes with it. Orissa has specially been an area of darkness. Some accounts have put the number of rapes in Kandhamal region as high as 30, with civil rights groups speaking of upto 100 cases in Sundargarh, for instance.

This is time to have a look at the full picture in Orissa which has a long history of rapes and its political consequences. Chief Minister Naveen Patnaik's 13-year long regime has witnessed a series of such gory incidents.  Civil rights groups quote official data which says that three women are raped every day in the state.

Local activists say this winter has seen many spine chilling rape incidents. A dancing girl was raped by three persons in the state capital while another girl was molested and pushed out of a running auto-rickshaw in the city. This was followed by a most pathetic incident where a minor girl was forcibly lifted and gang-raped in Rayagada. The orphan girl who was staying with her grand-mother attempted self-immolation.

Crimes against women under three heads - namely rape, molestation and “eve teasing” - during the years 2009, 2010 and 2011 have increased in the state. "There has been a 20% rise in rape cases in the state during 2012. The increase in molestation and eve teasing cases have also recorded roughly the same percentage," a senior official in the state Home department has admitted.  The tribal dominated Keonjhar district tops the list of crimes against women. While 75 rape cases were registered in this mineral rich district in 2011, the figure increased to 101 in 2012. Besides, 235 molestation and 20 eve-teaching cases were also reported in Keonjhar the same year. Mayurbhanj registered the highest number of 295 molestation cases in 2012, figuring slightly below the neighbouring district in rape cases (82).

Christians have been particular targets. In the 2007-2008 attacks, women and girls were targeted for sexual violence, humiliation, brutal physical assaults and threats. “There are several other reports of sexual assault and molestation and it is highly likely that many other such cases have gone unreported due to the shame attached,” warned the study ‘Genocide in Kandhamal: Ethnic Cleansing of Christians by Hindu Rightwing Forces in Orissa’ by the Human Rights Law Network. According to the report of Nirmala Niketan College of Social Work, five women reported that they and / or their female family members had been subjected to sexual assaults, and that 16 women said that young girls in their area had been raped while 12 women reported that women had been raped in their villages.  Though witness testimonies indicate that sexual violence was rampant during the attacks, there are very few reported cases, and an even smaller number that have been registered and are pending in the courts for prosecution. 

Patently, civil society – which includes the Church in the State and in India, must wake up to this grim reality before we seek to rouse the Judiciary and the political system.

We must not be partners in the conspiracy of silence.

SEPTEMBER 2012 UPDATE ON KANDHAMAL

At last, a token of hope amid injustice

But Christians still face an uphill struggle

By John Dayal

New Delhi: 

In the continuing gloom of injustice, broken promises and misadministration in Kandhamal, the birth of the new parish of Pakari has come as a token of hope and light for a Christian community still living with the memory of brutal attacks in December 2007 and August 2008 and with the ensuing “structural violence”.

The two young priests in charge of the parish, Fr. Bimal Nayak and Fr. Cassian Pradhan, a Panos Dalit and a Kondh tribal, are hopeful that it will invigorate the almost 5,000-member local church. They hope that in a few years, they will see the birth of another parish in the remote region of Orissa.

The church building is still just a design on a piece of paper, broadly resembling the church in Brahminigaon, which is getting the finishing touches on reconstruction after its destruction on Christmas Eve, 2007. The new parish will have a hostel and perhaps even a school, as well as the presbytery for the parish priest and his assistant, and a few rooms for visiting bishops and clergy.

One school may not be enough to challenge the success of the Sangh Parivar in spreading its hate ideology to the young.

Surveys by several groups, including mine, the All India Christian Council, reveal a massive effort by the Hindu nationalists to penetrate every village in the region. By this summer, the Sangh had set up an estimated 500 “Shishu mandirs,” or formal schools, and as many as 500 additional “Ekal vidyalayas,” or one-teacher schools, in remote villages.

Neither the government nor the church comes anywhere close to these numbers.

Observers have also noted changes in the tactics of the Rashtriya Swayamsewak Sangh, the main cadre of the Hindutva Parivar in the villages. The presence of Maoists in Darringbadi and other blocks has made the Sangh focus on areas where the Maoists are absent, or present only in small numbers. No major attacks have been reported this summer against Christians.

But the absence of violence brings little joy for much of the Christian community. In interviews and affidavits, residents speak of extreme economic hardship, particularly in remote areas, because of a lack of employment and ongoing economic boycotts of Christians.

In the villages of Tikabali, Adasapanda and Mujhlimandi, Christians are not being employed as labor in the fields or in the local markets.

Worse, many Christian men and women have been kept out of the government-run Mahatma Gandhi National Rural Employment Guarantee Scheme, which is supposed to provide 100 days a year of paid employment on official projects such as roads, bridges and water conservation works.

Government agencies are still harassing tribal Christians, forcing them to get a recommendation from the political outfit Kui Samaj when they come to get their “caste certificates” which are needed for scholarships, jobs and other “benefits” from the state and union governments. This is of course illegal, but the practice goes on despite Christian activists and lawyers notifying the District Collector.

There is also no government initiative as yet to give land to the landless tribals.

The cumulative impact of these situations is the migration of tribals and Dalits first to Phulbani, the district capital, and Baliguda, the only two major towns in the district, and then out of Kandhamal and even out of Orissa.

Recent surveys have confirmed that as many as 10,000 of the 56,000 people impacted by the violence have not returned to their homes in the villages.

With the justice process in the two fast-track courts showing no progress, Christian groups have once again petitioned the Supreme Court for re-investigation of the murders committed during the August 2008 violence. There have been just two convictions in more than 30 cases accepted by the government, after a death toll of more than 90. The Supreme Court is expected to take up the writ soon.

In another major initiative, the National Human Rights Commission is being approached by victims and their representatives who are seeking a comprehensive justice and rehabilitation package such as the ones victims of the anti-Sikh violence of 1984 and anti-Muslim violence in Gujarat in 2002 won after interventions by the Supreme Court and the National Human Rights Commission.

The comprehensive application points out that thousands of children continue to be without education, and men and women without jobs. Both individuals and the church have been denied adequate compensation for the destruction of property during the riots, because of deficiencies in government surveys and irrational systems of calculating the loss.

Christian activists have taken great heart from the recent Supreme Court judgment holding two BJP politicians guilty of murders in Gujarat’s Naroda Patiya area, and NHRC decisions in similar cases.

This has been reflected in the mass rallies that have been held in Phulbani and Bhubaneswar on August 25. Police gave permission at the last moment for Christians to mark the fourth anniversary of the violence. Berhampur Bishop Sarath spoke to about 4,000 people about the need for justice and rehabilitation.

The RSS held its own rally on August 23 to commemorate the murder, by Maoists, of Vishwa Hindu Parishad vice president Lakshmanananda Saraswati. Several hundred RSS activists shouted slogans asking for the arrest of the “real” murderers of Saraswati. Seven Kandhamal Christians have been rotting in jail for four years as suspects, their bail applications routinely denied by the courts.

[First published in Ucan News, 12 September 2012, New Delhi]

Kandhamal Update March 2011

ORISSA KANDHAMAL UPDATE

MARCH 18, 2010

Deep in village, thugs enforce economic boycott of Christians

From John Dayal

As Archbishop Raphael Cheenath, now on a farewell pastoral tour of Kandhamal, extols the courage, faith and perseverance of the Dalit Panos and Tribal Kondh Christians of the central Orissa district in the face of unceasing Hindutva pressure, deep in the villages, the economic boycott of Christians in enforced by organised gangs of fanatical thugs.

The 77 year old Divine Word Society prelate of Orissa retires on 2nd April 2011. Like Archbishop Alan De Lastic of Delhi who emerged the face and voice of the community in his unflinching challenge to persecution in the 1990s, Cheenath was the central figure in the legal and civil society challenge to mass arson, serial murders and gang rapes unleashed in 2007 and 2008 by members of the RSS, Adivasi Kalyan Ashram and Bajrang Dal, whose political identity was confirmed by Chief Minister Naveen Pattnaik in the State Legislative Assembly.

Cheenath saluted his people saying “You have raised the faith into new heights at the face of death. I am proud of you.” As he cautioned them not to be misled by the apparent peace prevailing in the area, he said “For the government, peace has returned, but I am not sure how long it would remain, We cannot sit idle, but continue to fight for our Constitutional rights, especially religious freedom to earn sustainable peace.”

In the past, stressing that justice and peace had to go together, the Archbishop moved the Supreme Court in 2008 when the arrogant Collector-cum-District Magistrate Dr Krishna Kumar banned the entry of Christian relief organisations to help the traumatised people. The Supreme Court ruled in the Archbishop’s, favour. He has moved the Supreme Court through the Human Rights Law Network on several issues, including a challenge to the Orissa High Court granting bail to a convicted murderer, Manoj Pradhan, on the plea the he was a legislator. The Supreme Court again ruled against the lower court.

Despite these heroic efforts, much remains the same in that heavily forested district as far as justice and state action is concerned. Br Markose, a Gabriel Brother from Ranchi now working at the grassroots, has been systematically reporting issues of economic boyctott an official apathy.

In an email to me yesterday, Br Markose narrated recent cases of vigilante decisions from Bodimunda where houses of Christians were destroyed in August 20908. Twice during 2009, the Christians tried to bring construction material such as sand to rebuild their houses. On both occasions, the sand was reloaded into the tractor and taken to the temple. The owners of tractor were fined before the vehicle was released by the hardcore Sangh cadres of the village.

After six months, due to the untiring efforts of activists, the villagers took courage to hire a tractor and bring sand. On 14th March this year, Pradeep Nayak hired a tractor from village Rudangia and brought two loads of sand. The next day, Joseph Nayak hired the tractor of Tileshwar Digal of village Breka,. After making two trips, driver Ishak was stopped by a mob of about 12 persons led by Birendra Pradhan, stopped him and demanded a fine of Rs. 5051. The driver did not have the money. He left the tractor on the road and returned to the village.
Nabin Nayak and Bikram Nayak called Bro Markose on the phone who told them to immediately tell the police. Pastor Sunil Paricha called up the Superintendant of Police who referred him to the Tikabali police station. The Police cane to Bodimunda at night and the tractor was released. But the goons had taken away battery, jack and wrench from the tractor in lieu of fine. They told the driver that these materials would be returned when fine was paid.

On 17th March a four-hour long meeting was held at Catholic Church of the village more than 60 Christian men and women participated. Finally they wrote a formal report to the police, saying they would see the matter through, come what may.

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LEGAL FACT-SHEET AND UPDATE DECEMBER 2010

Complaints lodged before the police station in Kandhamal after the
Violence of 2008 -- 3232
Cases registered -- 831
Number of cases committed to the Fast track courts 1 & 2 -- 277
Number of case Acquitted ( Violence case ) court No – 1 & 2 -- 128
Number of case Convicted ( Violence case) court No – 1 & 2 -- 59
Number of case pending trial (Violence case) court No – 1 & 2 -- 44
Accused convicted so far --183
Accused acquitted so far -- 639

AS NATION PREPARES TO CELEBRATE REPUBLIC DAY, IN KANDHAMAL, SURVIVORS OF COMMUNAL VIOLENCE FACE A THIRD DISPLACEMENT

Around 100 survivors of communal violence, who have been staying in an abandoned NAC market complex at G. Udaygiri of Kandhamal district after the forcible closure of relief camps by the government, have been asked by the local administration to vacate the place. With the news of visit of a European Commission team to the region, the government have ordered to remove the people again as a part of its attempt to project that government had brought back normalcy in Kandhamal and violence affected people are living at their villages peacefully without any threat.

`The BDO has asked us to vacate immediately and if we refuse police force will be used,' said the worried survivors of Kandhamal violence. When the violence broke out on August 23, 2008, they were forced to leave their villages and their houses were burnt down. They had to take shelter in relief camps, but they were forced to leave from there also after the new BJD government come to power. Hence they had taken shelter in the market complex like beggars.

`Where can we go with these two babies?' asked a crying mother Ms. Menaka Nayak (25). Her youngest baby was born in the camp itself. `We can not go back to our village, because they will not allow us to live there if we do not convert to Hinduism. The government is not prepared to provide security and necessary help. On top of it they are trying to throw us out from here also’.

Mr. Moses Nayak, who has been prevented by the Hindu fundamentalists to come back to his village Ratingia as he had refused to change his religion unlike his two brothers, presently solely depends on daily wage based labour works, has no other options than to stay here. An elderly couple from R.Padikia village are also debarred to come back to their ancestral land as they failed to present their two ‘pastor’ sons before the communally motivated village mobs.

Following the dreadful communal violence around twenty thousand people have already migrated to different places outside Kandhamal. There are another five thousand people, who neither can afford to go outside nor can go back to their villages, living like refugees in various places of their home district. Although the district

administration is claiming of ensuring security, peace and rehabilitation to the survivors, the reality speaks of a different story. The seventeen families from the villages such as R.Padikia, Kutuluma, Loharingia,Kilakia, Jimmangia, Dakedi, Kiramah, Ratingia staying in NAC market complex are virtually landless and legally not entitled to claim their house damage compensation as they do not have records of rights over the lands they used to have their houses since generations. Whoever have RoR over their small patches of homestead land, are debarred by fundamentalists to reconstruct their houses. Very few people were given compensation and again that amount was not more than Rs.10, 000.

`Even after seventeen months, there is no indication of justice for the survivors of communal violence in Khandamal', says Fr. Ajay, Director, Jana Vikas, an leading NGO in Kandhamal who represents National Centre for Dalit Human Rights (NCDHR) `There were 295 churches and 6,000 houses burnt down apart from schools, hospitals and other institutions. The victims are none other than poor adivasis and dalits. Urgent action is needed from the government to take care of the needs of the refugees of communalism who have been reduced to the level of beggars and second class citizens. This is not a matter of charity, but a fundamental right enshrined in the constitution of India’. The office building with other accessories belonging to Jana Vikas was one of the first to be burnt down on 25th August 2008.

`It appears that the existence of refugees of communalism is threatening the image of the Orissa government' says Dhirendra Panda, well known secular activist from Orissa. `That is the reason why they are trying to remove them instead of facilitating their security and rightful restoration’.

Mr.Sarat Nayak from Dakedi, a landless labour who can not go back to his village, complains of the indifference of the school authorities to get his child admitted in any other school. It has been found a numbers of children within age group of 5-14, who are staying in this non-official camp, had to discontinue their studies and there is no visible action by the local administration to bring back these children to schools again.

Let alone other problems, now the first and foremost need is prevent further evacuation of these hapless and hopeless adivasi and dalit victims. Whatever may be the intention, excuses or explanations put forth by the government, the reality is that one hundred victims of communal violence will be thrown out on streets within a day or two. Perhaps, the secular and human rights activists may respond.

[Original report by: K.P.Sasi, Film Maker]

Justice, Kandhamal style

Miscarriage of Justice in Kandhamal Courts

From John Dayal

12 November 2009

I have just come back from Orissa, very depressed at the way the criminal justice system is working in that benighted state.

I had gone to take part in a rare Civil Society meeting with victims, some law experts and some Human Rights activists on 3rd November 2009 in Bhubaneswar. In truth, barring some leaders of various Left parties and Women’s groups, there is not much of a civil society in Orissa as far as violence on Christians or Muslims is concerned. Fortunately, there are activists – and Dhirendra Panda is one such – who are determined to press for justice. Fortunately again, there are some more activists working in the defence of the rights of Tribals and workers whose very existence is threatened by the entry of global mining giants trying to profit from the underground riches of Orissa. About them, in another note.

Advocate Rasmi Ranjan Jena says “As we know in most of the cases already tried in the Fast Track Courts in Kandhamal the accused persons have been acquitted. This is nothing but a great failure of the criminal justice system which has miserably failed to give justice to the victims of the communal violence. At this juncture there is an urgent need of critical analysis of the factors responsible for the failure. Though nothing much should be expected from a judicial forum in a communal society, but we need to have a self introspection to develop a strategy for the upcoming days.”

The following is a more urgent situation report on meeting convened under the banners of the Common Concern and Orissa Manavik Adhikar Suraksha Abhijan on justice delivery crisis. The report’s authors include Dhirendra Panda and Fr Ajay Singh. While this report is critical of the legal support systems for the victims, I must acknowledge the work done by the Human Rights Law Network and the Christian Law association who have had to work with young local lawyers and limited resources in the face of official machinery that is determined not to pursue justice with honesty.

I quote from the report:

“In the context of regular acquittals of the persons accused of criminal involvement during Kandhamal violence by Fast Track Courts on the ground of non-availability of witnesses, a meeting was held at Lohia Academy, Bhubaneswar to listen the experiences of the victims and their witnesses seeking justice. About seventy five persons including the victims, activists, representatives of left/democratic political parties and civil society organisations, advocates, media persons, civil society

members, church leaders and others participated in the Meeting.

Agenda

• Sharing of experiences/concerns by victims and witnesses in and outside courts

• Sharing on challenges faced by Lawyers and organizations engaged in legal aids

• Observations/Suggestions by the Participants

Among the participants, Prafulla Samantara, renowned activist and an ardent advocate of people’s rights and movements, Radhakant Sethy, former MLA and leader of CPI-ML Liberation, Dr. John Dayal, Member of National Integration Council, Sudhir Patnaik, Editor, ‘Samadrusti’, John Nayak, former DG of Police, Orissa, Prasant Paikray and Ramakrishna Panda – leaders of CPI, Smt. Tapasi Praharaj, CPI-M leader, Smt. Saila Behera, Shanti Ranjan Behera – Senior Social Activist, Ms. Lalita Missal – Woman Rights’ Activist (NAWO), Hemant Nayak – Social Activist, Mahendra Parida - Social Activist and Trade Union leader, Pradip Pradhan – RTI Activist and many others shared their observations regards to the approaches to the problems faced by the victims.

Observations

• Public Prosecutors are mostly found biased against the victims

• In comparison with the skills, influences, clouts, numbers of advocates favoring the accused persons, the strength of advocates need to be improved

• Faulty and biased methods of police investigation, framing the charge sheets and presentations in the Courts weaken the cases

• Absence of social and physical security of the victims and witnesses inside and outside the Court

• The provision that in GR cases only Public Prosecutors can argue, while the victim parties can not appoint their own advocates privately, does not help the victims in cases where PPs are biased.

• Show of extra-favour to the accused ones by some judges harass the victims and their counsels

• Lawyers counseling the victim parties are even persuaded not to continue their legal assistance

• Witnesses are threatened/allured to turn hostile

• Absence of democratic and left parties in comparing to the dominance of BJP and RSS helps the culprits and corrupts the atmosphere of the courts

Suggestions

• Appeal to transfer the cases to outside Kandhamal, preferably to Bhubaneswar and Cuttack courts.

• Christian Lawyers’ Association, Human Rights Law Network and other groups engaged for legal aid should work in a coordinated manner

• Assistance from senior and experienced lawyers should be taken up

• Engagement of other lawyers to assist the P.Ps\A.P.Ps in GR cases and submission of written arguments by other lawyers

• Mobilisation of activists to be present in the court will help in building confidence among the victims and influence the PPs/APPs and judges to be careful to some extent

• A Public Hearing/People’s Tribunal can be organized..

• Lawyers should be smart enough to intervene at the right manner at the time of necessity

• Local people need to create their own defense mechanism

• Secular minded organizations/activists, particularly the people participating in this programme, need to evaluate the ongoing legal actions and decide upon appropriate measures to respond to the current situation collectively.

• At the state level a joint committee involving people from various sectors need to be formed to keep regular watch on legal matters and monitor the actions being taken up by the organizations engaged in legal aids

• It is necessary to document the court proceedings and situation of witnesses and victims, which can be used in future for raising the issue before higher courts and media

• A Kandhamal level committee should be formed for monitoring justice delivery processes and for looking after mobilizing social supports for the victims and witnesses

• Extensive media campaign has to be taken up to expose the illegal and biased behavior and functioning of PPs/APPs and judges.

• Referring to the deposition of Police officers before the Sarat Chandra Mohapatra Commission, information will be collected from their respective offices using RTI and a letter can be sent to the Governor with a copy to the Commission can be sent mentioning the concerns and position of the civil society

Decisions

• An ad hoc state level joint solidarity committee was formed involving the participants to coordinate

o Interaction with political parties for their support for the victims in getting justice

o Media campaigns

o Keeping watch on legal processes

o Documentation of justice delivery processes

o Social Mobilisation for backing the victims inside/outside courts

,;

Footnote:

To understand the different factors responsible for the failure it will be convenient to have a minimum idea on the chain/ stages on which the justice delivery process runs.

The stages of criminal cases in series:

(1)Occurrence of the Incident--- (2)FIR--- (3)Investigation (includes arrest of the accused & Submission of Charge-sheet)--- (4) Magistrate( who commits the case to the competent court)--- (5)Trial (includes Framing of Charges, Summon to Witnesses, Testimony by the witnesses, Argument & Judgment)--- (6) Appeal

Difficulties & Lacunas in different stages

(1) Occurrence of the Incident

- Many of the victims are not eye witnesses as they fled away to the jungle just before the incident happened.

- As the investigation started very late the proofs and marks of violence had disappeared or washed away.

(2) FIR

- Non- registration by the police

- The names of the accused persons are not mentioned

- Delay in filing

- In some FIR the offence in specific is not disclosed

- In most of the cases copies of the FIR not given to the victim

- The informant himself is hostile in some cases.

(3) Investigation

- No proper investigation but a stereotyped process adopted by the police.

- Non-examination of the important witnesses

- Accused examined as the witnesses.

- Non-arrest of the accused persons ( particularly the kingpins) till date

- The property of the absconding accused persons could have been attached ( Sec 83 of Cr.P.C.) which could compel them to surrender.

- Proper sections of IPC not mentioned in the Charge-Sheet

- Delay in filing of Charge-sheet helped the accused persons to get bail.

(4) Magistrate

- The lawyers for the victim could have put their objection before the magistrate, before whom the charge-sheet is submitted, on the non- mentioning of appropriate sections of IPC in the Charge-sheet. ( Section 216 of Cr.P.C)

(5) Trial

- Most of the independent witnesses were hostile as they were threatened by the accused persons in the village.

- The court atmosphere is not conducive for free and fair trial.

- The judge and the public prosecutors lacks judicious mind.

- Deficiency of trained lawyers in comparison to the number of cases.

- Lacuna in the part of the lawyers engaged on behalf of the victim. No effort to build up the case in favor of the victim, only tutoring of the witnesses on their previous statement of the police is done. The lawyers could have done as the following.

- Effort could have been made to cover up the lacuna in the FIR as well as the statement before the police, while giving testimony before the trial court.

- The witness/ victim could have been prepared on the point on which the defense lawyer is striking.

- Proper caution could have been taken to avoid major discrepancy between the testimonies of the major witnesses.

- Petition could have been laid to examine the important witnesses who are not charge-sheeted. ( Section 311 of Cr.P.C)

- Written argument could have been filed in each case at the time of final argument. ( It must be kept in mind that if the lawyer has not filed the Vakalatnama from the initial stage then he may not be allowed to file written argument in the final stage.)

- Even though most of the witnesses are becoming hostile, the victim and the family members could have been properly guided before giving testimony. Because law is well settled, the sole testimony of the victims / the eye witnesses, if inspires confidence and appears to be natural and truthful and also corroborated by the documentary evidences, is enough to convict the accused.

(6) Appeal

- No appeal preferred in most of the cases where the accused were acquitted.

- Appeal should be preferred in conviction cases as in the said case conviction is done for only few accused persons and most of them are acquitted.

-

[PP is Public Prosecutor appointed by the Administration. CrPC is Criminal Procedure Code, IPC is Indian Penal Code, FIR is First Information Report, ]

Hindutva's Violent History

Hindutva's Violent History

By Angana Chatterji

06 September, 2008
Tehelka

Hindutva's production of culture and nation is often marked by savagery. On 23 August 2008, Lakshmanananda Saraswati, Orissa's Hindu nationalist icon, was murdered with four disciples in Jalespeta in Kandhamal district. State authorities alleged the attackers to be Maoists (and a group has subsequently claimed the murder). But the Sangh Parviar held the Christian community responsible, even though there is no evidence or history to suggest the armed mobilisation of Christian groups in Orissa.

After the murder, the All India Christian Council stated: “The Christian community in India abhors violence, condemns all acts of terrorism, and opposes groups of people taking the law into their own hands”. Gouri Prasad Rath, General Secretary, VHPOrissa, stated: “Christians have killed Swamiji. We will give a befitting reply. We would be forced to opt for violent protests if action is not taken against the killers”.

Following which, violence engulfed the district. Churches and Christian houses razed to the ground, frightened Christians hiding in the jungles or in relief camps. Officials record the death toll at 13, local leaders at 20, while the Asian Centre for Human Rights noted 50.

The Sangh’s history in postcolonial Orissa is long and violent. Virulent Hindutva campaigns against minority groups reverberated in Rourkela in 1964, Cuttack in 1968 and 1992, Bhadrak in 1986 and 1991, Soro in 1991. The Kandhamal riots were not unforeseen.

Since 2000, the Sangh has been strengthened by the Bharatiya Janata Party's coalition government with the Biju Janata Dal. In October 2002, a Shiv Sena unit in Balasore district declared the formation of the first Hindu ‘suicide squad’. In March 2006, Rath stated that the “VHP believes that the security measures initiated by the Government [for protection of Hindus] are not adequate and hence Hindu society has taken the responsibility for it.”

The VHP has 1,25,000 primary workers in Orissa. The RSS operates 6,000 shakhas with a 1,50,000 plus cadre. The Bajrang Dal has 50,000 activists working in 200 akharas. BJP workers number above 4,50,000. BJP Mohila Morcha, Durga Vahini (7,000 outfits in 117 sites), and Rashtriya Sevika Samiti (80 centres) are three major Sangh women's organisations. BJP Yuva Morcha, Youth Wing, Adivasi Morcha and Mohila Morcha have a prominent base. Bharatiya Mazdoor Sangh manages 171 trade unions with a cadre of 1,82,000. The 30,000-strong Bharatiya Kisan Sangh functions in 100 blocks. The Sangh also operates various trusts and branches of national and international institutions to aid fundraising, including Friends of Tribal Society, Samarpan Charitable Trust, Sookruti, Yasodha Sadan, and Odisha International Centre. Sectarian development and education are carried out by Ekal Vidyalayas, Vanavasi Kalyan Ashrams/Parishads (VKAs), Vivekananda Kendras, Shiksha Vikas Samitis and Sewa Bharatis — cementing the brickwork for hate and civil polarisation.

This massive mobilisation has erupted in ugly incidents against both Christians and Muslims. In 1998, 5,000 Sangh activists allegedly attacked the Christian dominated Ramgiri-Udaygiri villages in Gajapati district, setting fire to 92 homes, a church, police station, and several government vehicles. Earlier, Sangh activists allegedly entered the local jail forcibly and burned two Christian prisoners to death. In 1999, Graham Staines, 58, an Australian missionary and his 10- and six-year-old sons were torched in Manoharpur village in Keonjhar. A Catholic nun, Jacqueline Mary was gangraped by men in Mayurbhanj and Arul Das, a Catholic priest, was murdered in Jamabani, Mayurbhanj, followed by the destruction of churches in Kandhamal. In 2002, the VHP converted 5,000 people to Hinduism. In 2003, the VKA organised a 15,000- member rally in Bhubaneswar, propagating that Adivasi (and Dalit) converts to Christianity be denied affirmative action. In 2004, seven women and a male pastor were forcibly tonsured in Kilipal, Jagatsinghpur district, and a social and economic boycott was imposed against them. A Catholic church was vandalised and the community targeted in Raikia.

Change the cast, the story is still the same. 1998: A truck transporting cattle owned by a Muslim was looted and burned, the driver’s aide beaten to death in Keonjhar district. 1999: Shiekh Rehman, a Muslim clothes merchant, was mutilated and burned to death in a public execution at the weekly market in Mayurbhanj. 2001: In Pitaipura village, Jagatsinghpur, Hindu communalists attempted to orchestrate a land-grab connected to a Muslim graveyard. On November 20, 2001, around 3,000 Hindu activists from nearby villages rioted. Muslim houses were torched, Muslim women were ill-treated, their property, including goats and other animals, stolen. 2005: In Kendrapara, a contractor was shot on Govari Embankment Road, supposedly by members of a Muslim gang. Sangh groups claimed the shooting was part of a gang war associated with Islamic extremism and called for a 12hour bandh. Hindu organisations are alleged to have looted and set Muslim shops on fire.

It is Saraswati who pioneered the Hinduisation of Kandhamal since 1969. Activists targeted Adivasis, Dalits, Christians and Muslims through socio-economic boycotts and forced conversions (named ‘re’conversion, presupposing Adivasis and Dalits as ‘originally’ Hindus).

Kandhamal first witnessed Hindutva violence in 1986. The VKAs, instated in 1987, worked to Hinduise Kondh and Kui Adivasis and polarise relations between them and Pana Dalit Christians. Kandhamal remains socio-economically vulnerable, a large percentage of its population living in poverty. Approximately 90 percent of Dalits are landless. A majority of Christians are landless or marginal landholders. Hindutva ideologues say Dalits have acquired economic benefits, augmented by Christianisation. This is not borne out in reality.

In October 2005, converting 200 Bonda Adivasi Christians to Hinduism in Malkangiri, Saraswati said: “How will we… make India a completely Hindu country? The feeling of Hindutva should come within the hearts and minds of all the people.” In April 2006, celebrating RSS architect Golwalkar’s centenary, Saraswati presided over seven yagnas attended by 30,000 Adivasis. In September 2007, supporting the VHP’s statewide road-rail blockade against the supposed destruction of the mythic ‘Ram Setu’, Saraswati conducted a Ram Dhanu Rath Yatra to mobilise Adivasis.

In 2008, Hindutva discourse named Christians as ‘conversion terrorists’. But the number of such conversions is highly inflated. They claim there are rampant and forced conversions in Phulbani-Kandhamal. But the Christian population in Kandhamal is 1,17,950 while Hindus number 5,27,757. Orissa Christians numbered 8,97,861 in the 2001 census — only 2.4 percent of the state’s population. Yet, Christian conversions are storied as debilitating to the majority status of Hindus while Muslims are seen as ‘infiltrating’ from Bangladesh, dislocating the ‘Oriya (and Indian) nation’.

The right to religious conversion is constitutionally authorised. Historically, conversions from Hinduism to Christianity or Islam have been a way to escape caste oppression and social stigma for Adivasis and Dalits. In February 2006, the VHP called for a law banning (non- Hindu) religious conversions. In June 2008, it urged that religious conversion be decreed a 'heinous crime' across India.

‘Reconversion’ strategies of the Sangh appear to be shifting in Orissa. The Sangh reportedly proposed to 'reconvert' 10,000 Christians in 2007. But fewer public conversion ceremonies were held in 2007 than in 2004- 2006. Converting politicised Adivasi and Dalit Christians to Hinduism is proving difficult. The Sangh has instead increased its emphasis on the Hinduisation of Adivasis through their participation in Hindu rituals, which, in effect, ‘convert’ Adivasis by assuming that they are Hindu.

The draconian Orissa Freedom of Religion Act (OFRA), 1967, must be repealed. There are enough provisions under the Indian Penal Code to prevent and prohibit conversions under duress. But consenting converts to Christianity are repeatedly charged under OFRA, while Hindutva perpetrators of forcible conversions are not. The Sangh contends that 'reconversion' to Hinduism through its ‘Ghar Vapasi’ (homecoming) campaign is not conversion but return to Hinduism, the ‘original’ faith. This allows them to dispense with the procedures under OFRA.

The Orissa Prevention of Cow Slaughter Act, 1960 should also be repealed. It is utilised to target livelihood practices of economically disenfranchised groups, Adivasis, Dalits, Muslims, who engage in cattle trade and cow slaughter.

In fact, a CBI investigation into the activities of the VHP, RSS and Bajrang Dal is crucial as per the provisions of the Unlawful Activities (Prevention) Act, 1967. Groups such as the VHP and VKA are registered as cultural and charitable organisations but their work is political in nature. They should be audited and recognised as political organisations, and their charitable status and privileges reviewed.

The state and central government's refusal to restrain Hindu militias evidences their linkage with Hindutva (BJP), soft Hindutva (Congress), and the capitulation of civil society to Hindu majoritarianism. How would the nation have reacted if groups with affiliation other than than militant Hinduism executed riot after riot: Calcutta 1946, Kota 1953, Rourkela 1964, Ranchi 1967, Ahmedabad 1969, Bhiwandi 1970, Aligarh 1978, Jamshedpur 1979, Moradabad 1980, Meerut 1982, Hyderabad 1983, Assam 1983, Delhi 1984, Bhagalpur 1989, Bhadrak 1991, Ayodhya 1992, Mumbai 1992, Gujarat 2002, Marad 2003, Jammu 2008?

The BJD-BJP government has repeatedly failed to honour the constitutional mandate separating religion from state. In 2005-06, Advocate Mihir Desai and I convened the Indian People's Tribunal on Communalism in Orissa, led by Retired Kerala Chief Justice KK Usha. The Tribunal’s findings detailed the formidable mobilisation by majoritarian communalist organisations, including in Kandhamal, and the Sangh's visible presence in 25 of 30 districts. The report did not invoke any response from the state or central government.

In January 2000, The Asian Age reported: “‘One village, one shakha’ is the new slogan of the RSS as it aims to saffronise the entire Gujarat state by 2005.” Then ensued the genocide of March 2002. In 2003, Subash Chouhan, then Bajrang Dal state convener, stated: “Orissa is the second Hindu Rajya (to Gujarat).”

We all know what has happened in Kandhamal December 2007, and again now. The communal situation in Orissa is dire. State and civil society resistance to Hindutva’s ritual and catalytic abuse cannot wait.

The writer is associate professor of anthropology at California Institute of Integral Studies and author of a forthcoming book:
Violent Gods: Hindu Nationalism in India's Present, Narratives from Orissa


From Tehelka Magazine, Vol 5, Issue 36, Dated Sept 13, 2008