Sunday, January 17, 2010

Documents of the Association of Kandhamal Violence Victims

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-10/2010. Date:13.0.10-

To

The Chief Justice,

Orissa High Court,

Cuttack, Orissa.

Sub: Demand for the urgent steps against communal elements.

Your Honour,

We the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present this memorandum for your appropriate action.

Soon after the unprecedented Kandhamal communal violence, the Government of Orissa set two Fast Track Courts to expedite the many criminal cases arising from the communal violence directed against the Christian community. The Courts, and the Court premises, have however become a travesty of justice. One of the presiding judges and the police have caused us deep concern as we fear a major miscarriage of justice for the following reasons:

1. The sense of insecurity among witnesses is adding to the gross miscarriage of justice in the two Fast Track courts. Victims and witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. Shoddy police investigations have already created a crisis in the dispensation of justice, and even genuine eye witnesses are reneging in court as they see the court premises full of top activists of fundamentalist organizations and often the same persons who had burnt their houses. The police mute watchers, as always. The witnesses are threatened in their homes, and even their distant relatives are being coerced.

1. In the current volatile political situation, we fear with reason that religious political leaders and former ministers are influencing the district administration and judiciary system along with communal elements in Kandhamal.

2. Even the media has reported at the strange situation in the two Fast Track court of Ad hoc Additional Session Judges which are trying all the murder and arson cases against Legislative Assembly Member Manoj Pradhan. Though witnesses have deposed strongly on his involvement in the crimes, he has been let off in case after case.

3. The accused Manoj Pradhan, BJP MLA, threatened one of the witnesses in front of the police personnel inside the Fast Track Court, and he also threatened the police.

4. Till today communal elements are still threatening the witnesses in the remote villages where they live, due to which the witnesses are in panic and do not dare to speak in the court. Many witnesses have even refused to come to court as they do not dare to travel anymore.

5Around 20 to 25 advocates are arguing for the defense, and the Public Prosecutors are not able to cope with the volume of work every day.

6. While we do not want to cast any aspersions on the PPs, their actions have left us in great doubt.

7. We also have strong doubts in the quality of the police investigations which are making it easy for the guilty to go scot free.

8. It is a matter of serious concern that it is more than one year passed the affected households is yet to be enlisted in the government list for compensation depriving them all the support and rehabilitation. It is crime against humanity as the hapless and helpless victims abandoned to look for themselves. There is gross malpractice due to corrupt and indifference attitude of the local officials, who have not list the fully damaged houses as fully, but partially thus effectively depriving the compensation and supports. We demand immediate assessment and support.

9. Due to prolong violent and fearful environment, the families have left the villages. Taking advantages of this, the fringe elements and criminal elements of Sangh Parivar has looted the household articles and assets thus rendering the families bereft of any assets. We demand proper and full assessment be done and compensate the families suitably.

10. The compensation packages declared by the state Govt. for the damage households are very meager amount which is not sufficient for the house construction. Conversely, these packages are much less than the compensation packages provided to the Sikh and Godhra riots victims. Proportionate package should be provided to the Kandhamal victims also.

We seek urgent actions from Your Honour in the interests of justice such as shifting the sensitive cases related to Manoj Pradhan to outside, to Cuttack or Bhubaneswar, transferring the judges and changing public prosecutors, provide special protection to witnesses.

Yours faithfully

Convenor

SHPS, Kandhamal, Orissa.

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(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-11/2010 Date:13.01.201-

To

Hon’ble Justice Sri Sarat Chandra Mahapatra,

Chairman, Inquiry Commission for Kandhamal Violence,

At State Guest House,

Bhubaneswar.

Sub: Boycott of the Hon’ble Commission by SHPS Association.

Your Honour,

We the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Kandhamal violence), Kandhamal herewith present this memorandum to inform you of our decision to boycott the Inquiry Commission for the under-mentioned reasons:

1During your days visit to Kandhamal you made a statement stating, inter alia, that the Kandhamal violence is not communal violence but is of ethnic origin. This statement you made even before a proper inquiry was begun. [Enclosed is copy of one of the media reports.]

2After the Commission began hearings, you made it a practice to brief the press on your “judgment” or ruling of the day.

3. The Commission formulated leading questions on issues such as conversions which were sociological in nature and in fact would further incite the violence which was still going on unchecked.

4. Responsible public officers like Pravin Kumar, police Superintendent, former and present police DG Gopal Nanda and Monmohan Praharaj were made to give the absurd but sensitive statements about religious conversion as if it was crime and then what role Police had taken to control the crime. The Police officers did not tell about why they could not prevent the march of funeral procession of Swami Laxmanananda with instigated mobs. Such statements caused further desperation among the witnesses and victims fighting their cases in Fast Track Courts and aggravated the situation. They should be summoned and held responsible for these acts.

5. BJP president, Suresh Pujari’s presence inside the Courts is threatening to the witnesses and inspiring the culprits. Moreover he is allowed to enter into the commission chamber under garb of a lawyer and before the press meet is conducted.

6. Recently, in response to the question of Mr. Adikanda Sethy, MLA, Chhtrapur; the Chief Minister, Mr. Navin Pattnaik, said in the Assembly that the RSS, VHP and Bajrang Dal activists were involved in the Kandhamal violence. The commission should summon the records of the Assembly and take note of this as part of its proceedings, which it has not said it has done.

7. Your media statements have shown clearly that you have pre-decided and have already come to the conclusion about the violence without going through all the evidence that could have come before the Commission if it had proceeded without pre-conceptions and patent bias.

In the face of all these, we are left in no other position than to boycott the proceedings of the Honorable commission, holding it biased and its statements based on preconceived notions which are not rooted in facts or investigations.

Yours faithfully

Convenor

SHPS, Kandhamal, Orissa.

Encls:

Justice Sarat Chandra Mahapatra statement before first affidavits

Newsreader, “Justice Sarat Chandra Mahapatra commission enquiring into Kandhamal violence has issued a notification for the general public to submit affidavits by 15th (of Number 2009).

Based on the affidavits, the commission shall develop framework/procedures on 28th of this month.

In the meanwhile, Justice Mahapatra commission after his visit to Kandhamal in his preliminary assessment stated, “Communalism is not the primary reason for the riot.”

Reporter: Justice Mahapatra is not ready to accept that Kandhamal incidence is communal conflict. Justice Mahapatra appointed to make enquiry into Kandhamal violence said, “The problems are ages. It cannot be attributed to the bitterness of the two communities”. “Likewise, in order to find out the reasons for killing of swami and the violence thereafter and the role of the administration in aftermath of the killing, and the hand of external forces to intensify the conflicts have to be looked into it” he said.

Justice Mahapatra’s voice, “Administration, social and political when all these combined, discontentment got deepened and it manifested from the killing of Laxmanananda”.

Reporter: In the meanwhile in order to know the opinions of the general public about Kandhamal incident, Justice Mahapatra has issued a notification:

The murder of Swami Laxmanananda and the violence thereafter; The involvement of individuals and the role of community; Anticipation of riot and the preventive measures taken for the riot the hand of individuals/institutions inciting Kandhamal incident should be submitted before the Enquiry Commission before 15th ( of November).

Justice Mahapatra commission: ‘If affidavits submitted in large numbers, then my enquiry could objective and impartial’.

Reporter: After 28th hearing, the next course of action will be decided by Justice Mahapatra Commision. Last month, from 14th to 21st (14thto 21st of October 2009), Justice Mahapatra has visited different parts of Kandhamal and interacted with the local people and at the administration’. Report by Radhamadhav Mishra, OTV.

Source: OTV, Orissa
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(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-12/2010 Date: 13.01.201-

To

Shri Naveen Patnaik,

Chief Minister,

Orissa

We the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Kandhamal Communal Violence), Kandhamal district, Orissa, herewith present this memorandum for your appropriate action.

1. During the year 2007 and 2008 the district of Kandhamal was violently impacted by violence instigated by some communal elements who attacked innocent Christians in a planned and brutal manner.

2

3In this violence, 5347 houses were looted and destroyed by fire, many women and girls were raped, and more than 75 people were murdered in the name of religion and ethnicity. Large-scale displacement and migrations followed with over 50,000 people becoming refugees in their own motherland. The culprits of this inhuman activity are roaming freely, neither arrested nor punished. We demand their immediate arrest, trial and exemplary punishment.

4The Government of Orissa has appointed the Sarat Chandra Mahapatra Commission to inquire into the Kandhamal violence and place its report before the Government. From the very beginning Justice Mahapatra has maintained that the violence is ethnic and in its interim report it sidelined and ignored the role of RSS, VHP, Bajrang Dal. Needless to mention here that your Excellency has clearly exposed the involvement of such organizations in the Orissa Assembly. We have no option but to express our doubts on his impartiality and demand that the Commission be dissolved.

5We feel that the district administration and police instead of unearthing the facts behind Kandhamal carnage are resorting irrational conclusions and judgments with regard to the religious conversions of Christian community. In their depositions before the Mahapatra Commission, they have tried this or that way to find fault with the victims instead of reviewing their role and responsibilities. When creates the communal tension and this kind of irresponsible blaming may cause future conflict. Hence we demand appropriate action against these officers.

6The relief and rehabilitation provided is not sufficient against the damage occurred to the life and property during Kandhamal violence. There are also no records as regards to the number of people got forcefully migrated to other places as a result of violence. We demand for the re-assessment of the damage and provide the compensation to the affected families and take necessary measures to enable the migrated people to come back.

7We demand a special package for the violence affected people and ensure its proper implementation. This package should include land, income generation, education and health care, etc., so that the poor innocent people who have lost everything can be rehabilitated properly.

8We are not satisfied with the legal procedures undertaken in the two Fast Track courts established at Phulbani which seem to be in a hurry to dispose of the cases without proper trial and witness examination. The witnesses are threatened by the accused, and hence the witness protection is most essential to deliver justice. We demand the protection of witnesses by the Government with proper support and care.

9

10In most of the cases are finalized in the Fast Track courts at Phulbani the accused are acquitted. The quality of the Police charge sheets is doubtful; and therefore we demand a CBI inquiry into the cases for proper delivery of justice to the innocent people.

11It has been propagated that Scheduled caste people are guilty of land grabbing by Scheduled Tribes in the district of Kandhamal which has created the ethnic conflict. But this is apportioning blame without any proof or basis. We demand proper settlement of land in the district. Particularly, please ensure to allot lands to landless. The Government should publish a “white paper” on the land issue.

12The “fake caste certificate” issue has created a lot of confusion without a proper investigation and basis. Out of eight hundred caste certificate cases, only one hundred cases have been investigated. It is a matter of grate concern that only for a very few cases, around one Lakh people are blamed. We demand the Government to publish a “white paper” on these issues and take appropriate measures against the officials involved in issuing the fake certificate. The government prepares reports based on officials who are in hand in glove with facist sangh parivar , who are hell bent on creating conflicts among ST and SC reasons behind; thus furthering the violent atmosphere.

13

14Till today many of the victims of Kandhamal violence are staying in the village level relief camps. They get continuously threatened not to stay in the villages. They are not allowed to avail the local materials (wood, water, sand, etc.) for the house construction. Hence we demand for identifying those villages and take appropriate action by ensuring safety and security of the victims.

15We demand exemplary action against those police officials who had supported the violence and remained quiet, instead of providing security to our life and properties.

16It is a matter of serious concern that it is more than one year passed the affected households is yet to be enlisted in the government list for compensation depriving them all the support and rehabilitation. It is crime against humanity as the hapless and helpless victims abandoned to look for themselves. There is gross malpractice due to corrupt and indifference attitude of the local officials, who have not list the fully damaged houses as fully, but partially thus effectively depriving the compensation and supports. We demand immediate assessment and support.

17Due to prolong violent and fearful environment, the families have left the villages. Taking advantages of this, the fringe elements and criminal elements of Sangh Parivar has looted the household articles and assets thus rendering the families bereft of any assets. We demand proper and full assessment be done and compensate the families suitably.

18 The compensation packages declared by the state Govt. for the damage households are very meager amount which is not sufficient for the house construction. Conversely, these packages are much less than the compensation packages provided to the Sikh and Godhra riots victims. Proportionate package should be provided to the Kandhamal victims also.

Yours’ Sincerely,

Convenor

SHPS, Kandhamal, Orissa.

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(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-13/2010 Date: 13.01.201--

To

The Chairman,

Press Council of India,

New Delhi.

Sub: Prayer to Review the role of media in Orissa during Kandhamal Communal Violence 2007 & 2008.

Sir,

On behalf of victims of Kandhmal riot 2007-08, we would like to draw your kind attention to see how the print and electronics media played a devastating role during Kandhamal incident. Particularly Oriya print media played an anti-minority role and portrayed victims as villain. Media failed in its duty as the true watchdog of society and went on circulating misinformation, inciting stories against minorities and biased view points. The genuine concerns of well-meaning citizens and sufferings poor adivasis and dalits have been ignored and had got no place or a wrong place in media.

Therefore, we request you to look into the matter and review the role of media in Kandhamal incident and take necessary steps to censure the defaulters and bring back them to play the role of a fourth pillar of Indian democracy. To support our views, we do attach some evaluating papers prepared by writer and journalist Sri Kedar Mishra, who is working in this field since last 2 years (http://www.kedarmishra.blogspot.com/).

Yours Sincerely,


Convenor

SHPS, Kandhamal, Orissa.


ANNEXURE:

Kandhamal Riot and Mass Media

To be true to my faith, therefore, I may not write in anger or malice, I may not write idly. I may not write merely to excite passion”

·Mahatma Gandhi, Young India Censure

·

·“Kandhamal is burning,” “Church Torched in Kandhamal”, “Kandhamal is simmering again”, etc. made headlines in the newspapers of Orissa. Here I make an attempt to study the way the mass media has depicted the life devastated in the Kandhamal riot of December 2007 and analyse it and the role it has played in the state politics centring the riot-affected people. In trying to make an analysis of it I have taken into consideration the news and articles on Kandhamal riot, the interviews with the journalists involved in it, clippings of electronic media, the news on the net and reports of fact-finding groups. The mass media unanimously agree that the riot affecting the Christmas in last December is out and communal in nature and is based on intolerance.

·

·Even if a dividing line was attempted to be drawn between international, national and local media, both electronic and in print, on the nature and cause of this riot, all of them had established it the same way. The Hindu fundamentalist Rastriya Syamsevak Sangh had made one such attempt in the local and national media. The report on January 3, 2008 inwww.sanghaparivar.com ran:

·“Many media, mostly the national and international, without a reality check – went overdrive to paint a wrong picture about the entire sequence of events. Very few investigated the reasons of the violence put the blame squarely on the Hindus. Only burning of churches and prayer houses were reported, not the lethal attack on the Hindu seer Laxmanananda Saraswati found due place in the newspapers. Not the death of a Hindu - which was immediate provocation for the communal clash – was properly highlighted. Even Maoists joining hands with Christians in attacking tribals were ignored by the international and national media.”

·

·However, the vernacular press predominantly reflected what actually happened on the ground and found Christians being the initiator of the latest hostility between the communities. The followers of Christ faith wee in the forefront of attack and they attacked Hindu hamlets and attacked the police and even collaborated with Maoists in attacking the kondh tribals, they reported.

·Warning for the Local Media

·

·This news of RSS is untrue and motivated. Almost all the local newspapers and TV channels have clearly stated that the Christians were worst affected in this riot and that they were the victims of the hatred-based politics of RSS. Here are mentioned a few excerpts from the newspapers:

·

·“The Brahmanigaon and Daringbadi are tense due to mutual distrust. There are clashes and house-burnings. No particular community can be blamed for this. The minority community had to face the wrath and violence of the majority. Even after getting the intelligence report the Administration did not take necessary steps. As a result of which the riot spread to nearby regions. The Viswa Hindu Parishad played a major role in the worst affected village, Brahmanigaon; so did the majority of Christians in Daringbadi. After its primary investigation the Samaj reported that the Viswa Hindu Parishad and the controversial Collector of the district, Bhabagrahi Mohapatra were solely responsible for the communal riot that began on the last twenty-fourth. The Parishad says that the riot ensued after its leader Swami Laxmananda was attacked which is not true. Rather, it was the VHP which first initiated it in Brahmanigaon”.

·(The Samaj, December 30, 2007)

·

·On 25th evening more than 3000 supporters of VHP and RSS came to Barakhama with weapons and lathis. They began with looting and ended with damaging property. The houses of 285 Christians were burnt within an hour. 215 houses were half-burnt or damaged. Lakhs of rupees, golden ornaments and costly home appliances were looted. Even the pet animals were not spared.

·

·These two reports have clearly held Sangha Parivar responsible for riot. Both the electronic media and mass media have firmly condemned the role of Sangha Parivar. There is yet a conspiracy in branding the local media as the sympathizer of the Sangha Parivar. A dividing line was also drawn regarding the true nature of the local and national media in the Gujarat riot. The Gujurati media was said to be the blind supporter of the Sangha Parivar. This divisive role of the Sangh Parivar is nothing new. The Sangh Parivar lauded the local media to have used local identity as a weapon.


THE MENTAL CONCLICT IN MASS MEDIA

·

·If one looks at the reports of all the three TV channels from Orissa. i.e. ETV, OTV and Doordarshan and Oriya dailies it will be clear that the true causes of the riot have not been deeply analyzed. Its one reason is the religious meanness and elite mind set. It is alleged by some Christian organizations that as the local media is in the hands of the high caste Hindus the Christian minority has not got its due. This allegation is not absolutely baseless. No doubt, the Sangha Parivar has been implicated in this riot. Yet at the same time the Christians have been held accused for their role in conversion. Another aspect of these reports is its lack of study and analysis. One can very well discern the mental conflicts of the reporting journalists. Even if they report that the Sangh Parivar is responsible for the riot they somehow entangle the Christian minority in it.

·

·The purported attack on Swami Laxmanananda Saraswati on the 24th was grossly exaggerated in the media. The journalists took Swamiji’s words as the base of their reporting. The opinions of both the parties present there were not taken into consideration. The ETV report gave so much importance to it that the later incidents were ascribed to the ETV’s reporting. The mass media is equipped with the power to unearth the conspiracy of communalism and has the responsibility to abate it. The local media has failed in this role. Our journalists have made the maximum utilization of their imagination in describing the plight of the riot-affected people. All that the affected people said lacked the element of suffering in it. It is a matter of shame. The statements of Swami Laxmananda and the leaders at Sangh Parivar occupy prominent position in the news reports. The statements of the affected Christians have been deliberately ignored. Our local media seem to be totally ignorant of the sense of dignity and sympathy which is there for the minorities in a democracy.

·

·On the other hand, all those national dailies which have local editions give importance to the statement of the government officials. The reportings for the Times of India, Indian Express, The Pioneer, the Hindu, etc. were done from the Secretariate in Bhubaneswar. By giving importance to what the Chief Minister, the Chief Secretary, the Home Secretary and Director General, Police said the national dailies overlooked the true nature of the incident. Very few journalists visited the riot affected area.

·Kandhamal burnt from Christmas to New Year. All the political parties and the Sangh Parivar tried to fish out of the troubled water. Ironically, the mass media boosted their image. It has been stated earlier that the local media lacked sensitivity to deal with communal feelings. No newspaper or electronic media tried to analyse the situation. Instead, their erroneous reporting stoked the riot.


THE CONSPIRACY OF THE SANGH PARIVAR

·“There is no use burning tyres on the road. Tell me, how many houses of the Christians you have burnt? There will be no peace without revolution. Narendra Modi brought about revolution in Gujurat. That is why peace is there.”

In response to the so-called attack on him, the eighty-two-year-old Swami Laxmanananda Saraswati had made this statement from the Daringbari Health Centre in the very presence of the police and journalists. Surprisingly it was given more prominence in the national media than in the local ones. The reason is obvious. The local media did not want to displease the Swami and the Hindu majority reader as a whole. The proprietors of the Oriya dailies who are more interested in making profit than upholding ideals prefered indifference to neutrality in such a sensitive issue. The Fourth Estate had not come forward to give protection to the minority community. After the riot when it was compared with that of Gujarat at the rational and international level, the Sangh Parivar used the local media. They had argued that it was caste-based and that it was not communal in nature. Radhakant Nayak, the previous administrator and present Congress M. P., was implicated in it. Another matter of surprise was that his reaction was not sought in this regard. At the time of riot the Sangh Parivar demanded the arrest of Radhakant Nayak who was staying at Delhi. The local media seemed to give importance to the unjustified demand of the Sangh Parivar. The opinions of all the sections of the society were not taken into consideration at the time of the riot or after that. The local media did not bother as to why the Sangh Parivar was demanding the arrest of Radhakant Nayak. All of them comepeted to present their reports in a manner conduicive to the BJD-BJP coalition government. The ex-Minister Padmanav Behera who was made a scapegoat was not given adequate scope to express his opinion.

·

·At the time Kandhamal was burning The Samaj carried a report based on the interview with Swami Laxmanananda Saraswati, in which it was stated that conversion was the root cause of unrest at Kandhamal. This report published from Cuttack rather than abating the Kandhamal riot fuelled it. The report ran like this :

·

·The Government as well as the missionaries engaged in conversion are responsible for the situation in Kandhamal. They could be the trouble-shooter. The path-finder for the VHP, Swami Laxmanananda Saraswati has stated that the Hindus are only defending themselves. After the alleged attack by the Christians on 24th, Swami Laxmanananda being treated in Cabin No.3 of the Surgery Department gave an exclusive interview to The Samaj in which he said that the missionaries are trying to establish special Christian zones in the divided districts of Bhulbani, Koraput, Kalahandi, Bolangir and in Bhanjanagar of the district Ganjam, Khandapada of the district of Nayagarh and in Anugul and Athamalik. For this money flows from such Christian countries like the U.S. and the U.K. The Swami and his supporters are working towards the preservation of Hinduism. Their efforts have resulted in the drastic reduction in conversion and many converted Christians have come back to the Hindu fold. Infuriated at it, some people have attempted to kill him. Asked about the possible solution to this problem at Kandhamal, Swamiji has said that this was the spontaneous protest of the Hindus. No government can stop this. The age-old dissatisfaction of the Hindus are now ventilated. In it he had no role to pay. After massive protest the missionaries desisted from conversion but after the Congress Party came to power they have become active. If the conversion comes to an end there will automatically be no unrest in the state. Giving information on the event of the 24th, Swamiji who does not want to reveal his past said that day he along with his five supporters set out by a Marshal Jeep from Jalespeta to Brahmanigaon. At Daringbari which is five kilometers from Daringbari there stood a bus obstructing traffic. Despite repeated horns when the bus did not move the driver of Marshal jeep Naresh Kanhr and Kishore Pradhan accosted the bus driver. That was when they were attacked by the people in the bus along with the villagers who rushed there. It was by his presence of mind that Naresh had a narrow escape. Out of three hundred families in that village only one was a Hindu family. From this figure one can realize the grave situation in Kandhamal, says the Swamiji who has been active against conversion in Kandhamal.

·

·The language and tone of this report must have suited the Hindu fundamentalists. The local media has made tremendous effort to establish Laxmanananda Saraswati as the symbol of Hinduism. Praising him, The Organiser, the mouth piece of the Sangh Parivar wrote. “Four-decade-long sadhana at Chakapad has successfully awakened the spirit of Hindutva among the Vanavasis and drawn them away from the clutches of missionaries.” But this Sanyasi is more immersed in power politics than in meditation. It is due to his leadership at Chakapad that Kandhamal is kept burning. No media has questioned Laxmanananda. All of them have been showing respect to this old sanyasi. There is no problem in showing respect to a religious man. But the role of Laxmanananda is that of a villain since in the name of stopping conversion and ensuing a process of purification he has only created an atmosphere of religious intolerance. We get the hint of it from the description of the turn of events. The media is agog in the description of events as it is laudatory in highlighting Laxmanananda. The mental inflict in media is due to this paradoxical stand.

·

·Tehelka 19, January 2008 described Laxmanananda as belonging to washerman community and that he established an ashrama at Chakapad in 1969, from where he started propagating Hinduism. As the Hindu Sanyasis keeps his past a secret one could not have got to know anything about Laxmanananda from his own mouth. Laxmanananda Saraswati has been publicly saying that he has been trying since 1969 when he established an ashram at Chakapad to save Kandhamal from being a totally Christian dominated area. Even as his statements are loaded with elements that is prone to creating tension the local media has been lionizing him. Before riot ensued at Brahmanigaon, Laxmanananda repeatedly held meetings there and provoked the public to attack the Christians. Although he has been directly or indirectly involved in stoking riot he has not been arrested. This old sage plays a clear role in speaking ill against the Christian missionaries and the Dalit Christians of Kandhamal, in blocking roads and in staging hunger strikes and above all keeping Kandhamal in unrest.

·

·The 2007 Kandhamal riot was not all unpremeditated. It was aimed at eliminating the minority Christians from Kandhamal. Laxmanananda played a leading role in the agitation to establish a Hindu rashtra. On the occasion of the birth centenerary of one of the leaders of Sangha Parivar on April 2006 the Sangh parivar organized Astamatruka Rath Yatra in Kandhamal. Indians are suffering yet from the poisonous reaction of Lal Krishna Advani’s Rath Yatra in the context of Ram Janmabhumi. There has been repeated Ratha Yatras in Kandhamal. The anti-christian slogans are kept alive through Yajna, Yatra and Purification process. The Sangh Parivar rose in protest against the breaking of Rama Setu in Tamil Nadu. Regular conspiracies were hatched in Chakapad Ashram. The local Administration was aware of it yet no perceptible steps were taken. Instead of projecting Hindu Sameelan of April 2006 as communal in nature it was showcased as a religious jamborree. The local minority had to face its consequences in December 2007. It was not an end in itself. Even today Kandhamal remains an insecure place for the minorities. On July 8, 2008 there was tension in Kandhamal which centred round the slaughter of a cow.

·The Dharitri, July 10, 2008 writes on it “Again Kandhamal is burning. No sooner the people of Kandhamal have forgotten the trauma of the riot of December 2007 than there has risen tension in Tumuribandh. That to, it centres around the slaughter of a cow. The conflict within the communities is simmering in Mattipara of Tamudibandh Block. At this time due to the opposition of a Baba in Jalespeta to the slaughter of a cow he has been attacked. Opposing this incident the VHP has called for a strike in Kandhamal. So far the Bandh is peaceful.”

·

·In another report The Samaj says, “It has been noticed that Tumudibandh Block of Kandhamal district is going to be a site of another riot. Only one kilometer away from the headquarters of this Block, where the cow was slaughtered and against which there was protest, Bulubaba alias Brundaban Nanda who is the chief disciple of Laxmanananda Saraswati was attacked. It had a state-wide reaction. With the spread of the news of Bulubaba’s camera being snatched away, the blood of the slaughtered cow being smeared on him and the attack on him, the Bandh was observed in G. Udaygiri, Raikia, Baliguda and Tumudibandh and VHP called for a twelve-hour Bandh throughout the State.

·

·As in previous riots, the media did not play a neutral role in this riot. The allegations that Swami Laxmanananda and his disciples brought forward were blown out of proportion. The non-Hindus eat beef; no Hindu has any right to snatch away that right from them. The motive beheind Laxmanananda’s and his brigand’s protest is only to create tension. In a secular state it is a matter of irony that sanyasi should be encouraged in mass media to indulge in mean activities like blocking the road by cutting down trees, holding hunger strike abusing the minority and blaming the Administration if it is not supportive of his activities.

·

·EDITORIAL IRRESPONSIBILITY

·

·The local media has failed utterly to analyze and evaluate the Kandhamal riot. So did the Administration, civic society, political parties, local leadership and the police. If one analyses the reports and editorials of the local papers it will show clearly how they have failed to hint at the failure of others. The Kandhamal riot started on 24th. The Samaj in its 30th and 31st December 2007 and 1st January 2008 editions carried three reports under the title “Postmortem”. Those three reports were full of contradictions, and were misleading. While The Samaj blamed in its first report the VHP, it blamed the Christians in the second and the Naxals in the third report for the riot at Kandhamal. One thing that is clear from it that The Samaj was not sure about its stand in this issue. The most interesting thing was that there was not even a single statement of any affected person in their one thousand and five hundred-word article. Nor were the opinions or reactions of the minority community placed in it. The report on 31.12.2007 ran like this:

·

Getting foreign fund, support of two retired IAS Officers and encouragement of local MPs the Christians in the sensitive district of Kondhmal are said to be getting more and more strengthened. As a consequence, the caste-based conflict of Kondhmal has taken the shape of communal riot. The Kondh-Panos conflict was the main conflict in Kondhmal but two retired IAS Officers and the local MP have started encouraging the Christians. The pouring of foreign fund has acted like ghee in fire. In no circumstances the tribals of Kondhmal fall victim to the allurements of the Christians to get converted. The two retired IAS officers are exercising their power and contact to get funds for tempting the tribals. It has come to such a stage that if there are five wards in a village there are five churches or prayer halls in that village. With their blessing from those officers and MPs the Panoss try to show off their affluence to the tribals and poor Hindus. This has resulted in a large scale dissatisfaction even among the tribal Christians. While the tribals are Baptists the Panoss are Roman Chatholics. Only in Siarigaon of Katingia Panchayat and in Saraguda some tribals are Roman Catholics. Baliguda, Ghumusar, Udayagiri, Nuagaon and Daringbadi Blocks have a large number of Christians in comparison to other Blocks of the district.

·
What could be the purpose of this report? It is childish to claim that riots become frequent with the increase of numbers of prayer halls and organizations of the minority community. It is still more ridiculous to make issues out of it in prominent newspapers. Due to baseless and misleading reports people become biased. It is surprising that the journalist who was asks the minority community people about their foreign funding does not ask the same question to the Hindu fundamentalists. Nobody asks whose assistance has helped the Chakapad Ashram grow in the last twenty years. Where from do crores of rupees come to support the Hindu organization and its movement? Before bringing Radhakant Naik, John Naik and Issac Behera to the witness box our journalists should not forget to ask the same question to the Orissa branch of BJP. While Kondhmal was bruning how did the newspaper publish in bold letters the BJP’s irresponsible statement “Kandhmal Riot is the creation of Christian NGOs?” The BJP leaders have not been questioned further about this statement in press conferences.

·

·The Prajatantra on 17.1.2008 ran the following report:

·

·The BJP has alleged that some organizations run by the Christians are responsible for the present riot at Kandhamal. For this purpose the names of some organizations and NGOs operating there have been published. Jewel Oram, a senior leader of BJP, in a press conference on Wednesday said that deceptive news is given currency. It is said that the Christians there are a minority. The Hindus have been oppressing them and that this not is created by VHP and BJP. But this is absolutely false. The truth is that the Hindus are a minority there and they are being oppressed instead. In Brahmanigaon Christians numbering about 5000 attacked the Hindus. Their houses were burnt. Visiting that area Jewel Oram came to know that those Christians were armed and supported by such NGOs as Action Aid, NISWAS, SFDC, Aama Gaon, CPSW and Alok Grama.

·

·The communal politics operates on baseless and misleading facts. We get to hear such a voice from Jewel Oram. Here the question is whether the journalists should have quoted him in verbatim? He has only lied. He is not supported by facts when he is alleging anybody. It is nothing but political motivation to bring changes against any organization without facts and proofs. By encouraging such sick mentality the mass media is setting a dangerous trend.

·

·On January 10, 2008 The Sambad carried an editorial essay by Banabihari Panda, the former Director General of Police. Such type of editorial page articles are supposed to be based on facts and analysis of those facts. But it was nothing but a collage of reports, rumours and so-called news. Banabihari Panda wrote:

·The event following it is attack on Swami Laxmanananda Saraswati. It was reported in the newspapers that about 200 people armed with lathis, sticks and spears stopped his vehicle and attacked him. This incident is solely responsible for the riot in Kandhamal. Many opine that had this incident not happened the riot would not have spread so rapidly. Therefore those who attacked him should be booked and punished. Some churches were burnt. That is to be condemned. Church is a prayer hall, where God is worshipped. Those who committed this crime should be punished. Likewise it is reported that five temples have been razed. Those who did it should be equally punished. Burning a church or breaking a temple is unpardonable. All those miscreants should punished.”

·

·It was never considered whether such an article should be carried as an editorial piece. There is no official report that any temple was razed in Kandhamal. The media did not report from this angle either. Some leaders like Jewel Oram have shamelessly claimed that the Christians are not a minority in Kandhamal. The population of the district of Kandhamal is 6,48,201. Out of that while 5,27,757 are Hindu 1,17,950 are Christian. Instead of refuting misleading facts of the leaders the media has highlighted them. Excepting a few stray villages in Kandhmal the rest of the villages have a minority of Christian population. The Sangh Parivar claimed that it is a caste-based conflict not a communal riot: so did the mass media.

·

·The Sangh Parivar has repeatedly changed its role in the context of the Kondhmal riot. If now it claims that Kondhmal unrest is due to conversion then it would say that it is merely caste-related conflict. In order to suppress the event the spokes person of the Sangh parivar, Ram Madhab had written in rediff.com on January 8, 2008, “We must not ignore the fact that Kondhmal is for that matter many such incidents have been a localized incident; not a phenomenon as the candlelightwalas should want us to believe.”

The Sangh Parivar had advised the civilized society to take it lightly. Further, that it was not a communal riot; rather there are many political reasons involved in it. And the local media knowingly or unknowingly acted as a facilitator. Within a week only three persons died while hundreds went missing. 71 churches, 48 prayer halls, 5 convent schools, 7 hostels, 2 vocational centres, more than 500 houses and 126 shops were burnt. Fire was the greatest weapon in it. In this heinous attempt to wipe out the minority the media did not even play a neutral, not to speak of a deterrent role.


WHO IS RESPONSIBLE FOR THE RIOT?

·

·The wound of the riot of December 2007 is yet to heal. Finding ever other excuse the Hindu fundamentalist organizations and the organizations at the district level at Kandhamal, supported by them have been blocking roads and staging demonstrations. Trying to analyze their causes the media have only misled the public opinion. They lack data. Even if they might have it they do not analyze it. In preparing this project I have collected and analysed more than 200 reports, articles, editorials and interviews. Some of the reports have already been analysed. The reports I have analysed have clearly reflected the mental conflict of the journalists and how they have confused the general public. The journalists never concentrated on certain required points. Those reports repeatedly blamed conversion and appropriation of land as main causes of riots. In its article, “Behind the Unrest of the Kondhmal” on July 11, 2008 The Sambad wrote:

·
“Appropriation of land of the Adivasis is one of the major reasons which contribute towards conflict in Kondhmal. It is for years that deceptive methods have been taken to appropriate the lands of the Adivasis, thereby displacing them. As a result, they are like refugees in their own native place. The provision has it that a non-Adivasi cannot buy an Adivasi’s land. As per the Regulation II, 3 and 4, 1956 a special court has been created under the Sub-Collectors of Phulbani and Baliguda. Such cases are to be tried on priority basis in these courts while many cases of appropriation of Adivasi Lands by non-Adivasis are pending in this court. There are many instances when the Adivasis who won the decree have not been able to get back their lands due to lack of assistance of Administration and police. As there is a dearth of household and cultivable lands in Kondhmal its inhabitants are facing a lot of difficulty. If they get their household land and cultivation land much of their problems could be solved. In Kondhmal the loss of caste is another root cause of unrest.”

·

·Reports of this kind have created a wrong idea among the people that it is caste-related conflict and not due to communal feeling. There is an attempt to draw a divisive line among the Panos and the Kandhas. Seventeen percent of the population of the district is of Dalit caste. Ninety percent of them are Christians. Eighty percent of them are landless. Without mentioning concrete cases our journalists have built a context. According to 2001 Census, of the total population of the district, i.e. 6,48,201, 3,36,809 are Adivasis. They constitute 52% of the total population. Another section has created conflict between 52% Adivasi and 17% Dalits. The mass media is precisely silent about them. It is a worth-mentioning fact that majority of the journalists of this district represent that third section. They are not the original inhabitants of the district. Coming from other districts they have bought the lands of the Adivasis and are settling there. Another strange fact is that in Kandhmal there are not much lands under the ownership of the raiyats. 88% of the land of the district is in the ownership of the government. Out of that 71% is reserved forest and 17% un-reserved forest. There is only 12% of the ownership of the land by the individuals. Those who benefit most from the 12% of the land are the ones who have come to and settled in Kandhamal. If an analysis of population growth of this district from 1961 to 2001 is made it will be like this: Adivasis 70%, Dalits 60%, whereas non-Adivasi and non-Dalit Hindus are 134%. This unnatural growth is the root of all problems. The Adivasis and Dalits are exploited; their lands are snatched away from them. In this regard both are victims of exploitation. The mass media has never given importance to it.

·

·As there is no cordial relationship between the Kandhas and Panos a fictitious history about them has been spread by the local Hindu fundamentalist organizations and political parties. Regarding it L. S. S. O’Malley says in his Bengal District Gazetteer, which was published in 1908:

In the Kandhamals, the Panos were the serfs of the Kandhas. They worked on their farms and wove cloth for them, in return for which they obtained a small area of land, grain for food and all their marriage expenses; they used also to procure victims for the Meriah sacrifices. Their serfdom was so well recognized that if a Panos left his master and worked for another, it caused serious dissensions among the Kandha community. To this day there is a settlement of Panos – a kind of Ghetto – attached to every large Kandha village, where they weave the cloth the Kandhas require and work as farm labourers. The picture remains more or less the same today except for the Meriah sacrifice. In lieu of Meriah, buffaloes are being procured for sacrifice.

The Adivasis and the Dalits are having a long history of living together. After the emergence of the fundamentalist Hindu organizations in the seventies there has been ebb in their relationship. Consequentially there have been more than five riots in Kandhamal since 90s. There have been repeated attempts to suppress the Christian organizations operating in this district. It has already been mentioned that there are more than five lakh Hindus in this district. Basically the Adivasis are not Hindus; they have their own customs and tradition. They have been constantly projected on the official as well as non-official levels as Hindus. When the Sangha Parivar started this programme in Orissa it chose Kandhamal as it is dominated by the tribals. It tried to inculcate in the Adivasis a feeling through different ways that they too are Hindus. Some local leaders who used adivasis to gain political mileage joined the Sangh parivar. The nexus between the Sangh parivar and the leaders of the Adivasis came to light during the riot. The joint efforts of the Kui society and the Sangh Parivar made the riot more complicated. That complication is yet to be untangled. Even today Kandhamal is tense and the lives of the minority community is threatened.


CONCLUSION

An internal feud has already been noticed between Kandhamal and mass media. The life story of the tribals and Dalits has rarely been rightfully portrayed in the local newspapers owned by high caste and higher class people. Different political parties have used the media very often to further their interest. The first newspaper to be published from Orissa, which was one hundred and fifty years ago and run by Christian missionaries was Prabodh Chandrika. It had carried news of the conflict between the Kandhas and the administrators of the colonizers. It ran like this:

·“The news has reached us that in Kandhamal early at dawn on December 6, many Kandhas armed with arrows attacked the Agent Sahib. The Agent had with him the Laskars. As the Kandhas shot arrows at him he ordered the Laskars to fire at them. One of the Kandhas died on the spot. Frightened, they retreated and are gathering at a distance. The reason as to why the Kandhas are acting like this is not yet clear.”

·

·At that time the Christian Missionaries could not lay a finger at the problems of Kandhas. They could dare to mention the incident clearly because they could not understand their problems. At a later period the missionaries had remarkably joined the colonizers in helping them in the field of health and education. That is why the number of Christians increased in Kandhamal. It was not just the Dalits who were converted. The Adivasis also followed the Dalits’ footsteps. It was possible due to the selfless service of the missionaries. There was no communal tension in Kandhamal till 70s of twentieth century. It was only after the appearance of the Sangh Parivar at Kandhmal that the poisonous seed was sown there, which has later sprouted into riots.

·

·The Editorial Guild of India has laid out categorical rules which should be followed while reporting the riots. I have already discussed how the media has failed to follow those rules in reporting riots from Kandhamal. Finally here I sum up some pertinent points regarding the reports of the media on riot at Kandhamal:

1. In the context of the Kandhamal riot, the media committed a major mistake by doing a wrong analysis of the basic facts regarding the district.

2. The language used in the media for the minority was one of disdain and pity, which is to be condemned.

3. No importance was attached to the opinion of the minority community. On the contrary, the statements of the fundamentalist Hindus and their organisations were dealt with in a great detail.

4. The intellectuals and experts in the field were not asked about their opinions on the riot. Whatever articles by the eminent persons that came out in the newspapers were by the retired IAS or IPS officers.

5. The opinions of the ones affected in the riot were never published. Another matter of regret is that the hearts of the journalists did not melt to present the sad tale of the victims. Very often the journalists wrote as per their whim. There was not much effort by the editors to look into it.

6. By mentioning the involvement of the Naxals in the movement against the industrialization and globalization the journalists have been only showing their true colours. There is no proof of the Naxal’s involvement in the religious or communal conflicts. The media unnecessarily tried to show the involvement of Naxals in the Kandhamal riot. In that ignoble effort they also tried to rope in some voluntary organizations and secular intellectuals.

7. In stead of following the journalistic norms, most of the reports were driven by political compulsions. It seems every newspaper reflected a particular party’s stand or an ism. In this case the tendency was more towards achieving political benefits rather maintaining high standard of humanitarianism. It has only left a stigma on the morality of the local media.


Kedar Mishra

POSTED BY KEDAR

lAN ANALYSIS OF MEDIA IN POST-KANDHAMAL VIOLENCE ODISHA

I am now writing an analysis on the reportings of Kandhamal violence in Odisha. The role of media is analysed here by an insider and it’s a criticism within media.

Kedar Mishra

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-14/2010. Date:13.01.10-

To

Her Excellency,

The President of India,

New Delhi

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-15/2010. Date:13.01.10-

To

The Honorable Prime Minister of India,

New Delhi.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-16/2010. Date:13.01.10-

To

The Hon’ble Chairman,

National Human Rights Commission,

New Delhi

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-17/2010. Date:13.01.10-

To

The Hon’ble Chairman,

State Human Rights Commission,

Orissa.

.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-18/2010. Date:13.01.10-

To

The Home minister,

Minister of Home affairs

Govt of India,

New Delhi.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-19/2010. Date:13.01.10-

To

The Minister of information and Bureau,

Govt of India,

New Delhi.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-20/2010. Date:13.01.10-

To

The Hon’ble Commission for Scheduled Caste,

Govt of India,

New Delhi.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-21/2010. Date:13.01.10-

To

The Hon’able Commission for Scheduled Tribe,

Govt of India,

New Delhi.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-22/2010. Date: 13.01.10-

To

The Hon’ble Governor,

Orissa, Bhubaneswar.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-23/2010. Date: 13.01.10-

To

The Chairman,

Editors Guild’s Of India,

New Delhi.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

(ASSOCIATION OF VICTIMS OF KANDHAMAL COMMUNAL VIOLENCE)

At/Po- MundaSahi, Balliguda, Kandhamal, Ph-9438072385

Letter no-24/2010. Date:13.01.10-

To

The Hon’able Commission for Minorities,

Govt of India,

New Delhi.

Sub:- Submission of the copy of the submitted memorandum.

Your Honour,

This is for your kind information that, we the undersigned members of the Sampradayik Hinsa Prapidita Sangathana (Association of Victims of Communal Violence in Kandhamal), Kandhamal District, Orissa, herewith present the copy of the memorandum submitted to chief justice of Orissa High Court, Inquiry commission of Kandhamal violence, Mr.Sarat Chandra Mahapatra, Retd.justice, Orissa high court, Mr. Navin Pattanaik, Chief Minister of Orissa and Press Council of India for the necessary and urgent action.

Yours sincerely

Convenor, SHPS, Kandhamal, Orissa.

Friday, January 15, 2010

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]

Friday, December 11, 2009

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.

Thursday, December 10, 2009

Kandhamal victims unite, knock at Government’s doors for justice; action for grassroots reconciliation, security and confidence

December 10, 2009

A meeting of Priests, Pastors, community leaders and activists held at Berhampur on 7th December 2009 has endorsed the formation of the Sampradayik Hinsa Prapidita Sangathana [Association of Victims of commuinal violence in Kandhamal] formed earlier in Phulbani after a series of meetings in which human rights and civil society activists from Bhubaneswar and Cuttack also took part.

All these meetings were the first of their kind since Hindutva violence against the Christian community in Kandhamal and other districts of Orissa left over 5347 houses looted and burnt, 295 churches destroyed, women and girls raped, and more than 75 people murdered in the name of religion and ethnicity. Large-scale displacement and migrations followed with over 50,000 people becoming refugees in their own motherland.

Two fast track courts set up in the aftermath of the violence have lost the confidence of the people with murderers, one of them a BJP legislator Manoj Pradhan, being released in several cases with eye witnesses too scared to dispose against the culprits. About 2500 complaints had been registered but only 823 FIR have been registered. All the cases were classified into murder (27 cases), attempt to murder cases, rape case, etc.

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. This grassroots action will also help in the process of reconciliation and hopefully allow people to come back to their villages which are now barred to them by Hindutva activists who are forcing them to first convert to Hinduism before assimilating in the old habitations.

However, the association has expressed its deep distrust in the current justice delivery system, saying the Fast Track Courts are working perhaps too fast in trying to finish off the cases without looking closely at the evidence. Of cases involving 12 murders, there has been conviction just in one case, for instance.

The association has also decided to boycott the Justice Mohapatra commission probing the murder of VHP vice president Lakhmanananda Saraswati and the violence that followed his death at the hands of a Maoist group on 23rd August 2008. They said the commission has preconceived notions and has already formed its conclusions without even waiting for evidence.

The meeting at Berhampur, presided over by Archbishop Cheenath, was also attended by other Bishops and church leaders including Bishop Sarath Nayak of Berhampur and Believers Church bishop Bardhan, National Integration Council Member John Dayal, Human rights activist Dhirendra Panda and senior lawyers from the Christian Law Association, Human Rights Law Network, and the All India Christian Council and all church groups represented in the region.

Meanwhile the Archbishop of Bhubaneswar-Cuttack and Kandhamal, Most Reverend Raphael Cheenath, SVD, has also met the Collector and submitted him a memorandum highlighting the same issues of instilling a sense of security among the villagers and giving them adequate compensation, rehabilitation and employment.

It was made clear at the various meetings that security of the people remained the main concern. The sense of insecurity is also leading to a gross miscarriage of justice in the two Fast Track courts. As victims have complained to the Orissa High Court separately, witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. Shoddy police investigations have already created a crisis in the dispensation of justice, and even genuine eye witnesses are reneging in court as they see the court premises full of top activists of fundamentalist organisations and often the same persons who had burnt their houses. The police remain mute watchers, as always.

The witnesses are threatened in their homes, and even their distant relatives are being coerced. This requires urgent and immediate action by the District administration and the Police to ensure that the process of justice is not thwarted and sabotaged.

There are major lacunae in the relief and rehabilitation of the victims of mass arson. Not a single Christian place of worship or Christian NGO has been compensated for their tremendous loss, but the poor victims are also being mocked by the inadequate compensation. The violation of principles of rehabilitation is at several levels. The first is in identifying the houses as fully or partially damaged. Secondly, houses by the dozens have not been enumerated by the government surveyors. Thirdly, the victims of the 2007 arson, especially in Barakhama have been criminally left out of the reckoning and for those 225 or so poor families, it has been second year without adequate shelter.

It costs about Rs. 85,000 to reconstruct a house and yet the government gives only Rs 50,000 in separate tranches. It is the duty of the state to give the full money. Just to save the people from the vagaries of the weather, the Church has sought to pitch in, but their resources are meagre and more than 2,500 families cannot be helped by the Church.

There is no information from government or the district administration about the livelihood of those affected by the violence. The administration without delay must conceive and execute a scheme so that every family effected by violence has at least one person, if not more, in gainful employment in government projects so that they can live a life of dignity, and to prevent large scale migration and pauperisation of victim families.

It was felt special projects for the women victims, and especially young girls, are also required urgently in Kandhamal. There are already rumours of human trafficking. I pray they remain rumours.

The administration has to act swiftly on the issue of allotting land for homes to those persons who have fallen into the gap of the Forest Act, and have no land to build their houses. They have to be identified, allotted land so that they can live in peace without facing the perpetual threat of being ousted.

The administration, civil and police, have also 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. The law of the land must be implemented severely to contain and deter those indulging in this activity.

Thursday, December 3, 2009

Kandhamal Update 4th December 2009

4TH DECEMBER 2009
From John Dayal in Kandhamal:
Of the 12 murder cases tried inthe fast Track courts in Phulbani, Kandhamal district or Orissa, India, the accused have been let off in 11 murders, and convicted in just one. A member of the State Legislative assembly on the Bharatiya Janata party ticket, Mr Manoj Pradhan, has been let off in th four cases in which he has been tried so ar. He and his henchmen have been accused by witnesses of terrorising them, or seeking to bribe them.
A belated effort is now being made to revive civil society and the process of justice and reconciliation towards a lasting peace in Kandhamal, which remains the worst single case of persecution of Christians in South Asia. Most of the over 5,000 houses destroyed in the December 2007 and August 24-October 2008 mayhem remain un-built, and several thousand of the 50,000 Christian refugees are still to return home. Many cannot as they have been told they have to convert to Hinduism before they will be accepted in the villages. The threats and coercion continue till today.
The police and administration, as usual, look on. The one change is the Chief Minister, Mr Naveen Patnaik’s acceptance, in an answer in the State legislature, that it was the Rashtriya Swayamsewak Sangh and its sister organisations of the Bajrang Dal and Vishwa Hindu Parishad which were responsible in the anti Christian violence, the first time the government has accepted this reality. Two judicial commissions of enquiry, plodding on in Cuttack and Bhubaneswar, are yet to admit this fact.
The following is an update:
I. The Harsh Reality of Orissa and especially of Kandhamal is:
1. No one raised a voice when violence hit the Christians in December 2007 and August 2008, not even the governments
2. Civil Society in Bhubaneswar and Cuttack, if it existed, played dead, and nation was not moved.
3. Barring a few Left parties who could protest, the Political Apparatus remained silent and invisible, including so called friendly parties and groups
4. The Media was violently biased, specially the Oriya Media
5. Fact Finding groups either misunderstood the causes, or just blamed either Conversions or Dalit-Tribal conflicts as the cause of the violence, and even people’s enquiry commissions incouding An Oriya Judge and Teesta Setalvad have yet to give their reports on the 2007 violence.
6. Post violence, civil society and peace institutions have yet to be revived.
7. Church was shattered, deeply wounded and overwhelmed by the magnitude of the violence. Barring the PILs in the Supreme Court, no real pressure on Government to construct all houses fully, pay sustenance allowances etc, and government jobs.
II. Post Violence;
1. Church is focussed on helping complete houses instead of using the law to let government complete the houses. As a result, though the Catholic Church says it will help complete 1200 houses, Believers Church 900 Houses, Eficor about 300 houses, and CNI a similar number, another 2,500 houses remain without help. Also without help are the 250 or so victims of the 2007 violence, especially in Barakhama, who have been left to thereon devices.
2. Although there has been much work by religious groups in distributing Holy Bibles and clothes, and in counselling victims, there has not been commensurate work in enhancing the sense of security.
3. The result is that complainants and witnesses to violence feel very insecure and are susceptible to coercion, blackmail and perhaps allurement.
4. The result has been that despite the effort of well meaning young lawyers, especially of the CLA and HRLN, not much progress has been made in getting convictions especially in the murder cases involving BJP political leaders.
5. In many villages, refugees have not been able to return because the threat of forcible conversion to Hinduism remains.
6. The government peace committees remain on paper, or are loaded against Christians
7. Not much headway has been made in getting the Collector to secure land for non Tribals so they can construct their houses.
8. No headway has been made at village level towards reconciliation
III. Reviews:
1. Civil Society groups have met sporadically to assess the situation, including those coming from Delhi, but there has not been much sharing of info and concepts.
2. The first major initiative was taken by Fr Ajay and Mr Dhirendra Panda to call a meeting on 3rd November 2009 in Bhubaneswar to assess the satiation. Almost the entire political spectrum, excluding the BJP, BJD and Congress, were present, incouding women groups, tribal and Dalit groups and specialists. Several victims were also present. Dr Dayal, and Advocate Sr Mary Scaria, Ms Lansinglu Rongmei, Mrs Tehmina Ram Arora and Ms Vrinda Grover met several times in New Delhi to discuss the legal issues.
3. As part of the follow up of the decisions and recommendations of those meeting, some activists held meetings in It was also decided o get senior advocates and observers to be present for some time in the Fast Track courts so that grounds could be prepared for intervention in superior courts.
4. As a follow-up of those meetings and after consultations with senior Bishops of Orissa of various denominations, it was felt that the Church had a major role to play at the grassroots level to reconstruct social and civil society structures to give courage and strength to the victims. This can be done only at the homeland village level and not by outsiders from Bhubaneswar or elsewhere in the country.
5. It was therefore decided to call a meeting in Berhampur, the nearest big town, of all religious workers – Priests, pastors, catholic religious, NGO workers, catechists and others – on 7th December 2007 for a full day discussion cum workshop to discuss the issue and to encourage the religious groups to begin grassroots work apart from the religious work and relief they have been doing.
6. It was decided to bring experts to help brief the religious on these issues.

Thursday, November 12, 2009

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