A Report to the Nation on the Second Anniversary of the Pogrom
By John Dayal
This should scare any parent – in fact any sensitive person – out of his or her complacency. Manorama Mohapatra, a District Social Welfare officer in Orissa, has reported two cases of incidents of trafficking of girl children in the Kandhamal district recently. Many other girls have been rescued from other parts of India, most notably from Hyderabad and other cities in Andhra Pradesh, which adjoins Orissa and has had age old trading ties and human migration between the two regions.]
But before I continue with the story of these two lucky girls, lucky for having been rescued, this is a capsule of the aftermath Kandhamal episode in Indian history. This is what we hope to bring before a National People’s Tribunal which will sit in Delhi from 22 to 14th August 2000 and listen to 50 victim-superiors of Kandhamal. Experts will explain the results of half a dozen research studies that have been carried out in Kandhamal in recent months – ranging from Gender violence to the psychological impact of the violence on little children. The Tribunal jury comprised of former Chief Justices of the Delhi High Court, Justice A P Shah and Justice Rajindar Sachchar. The expert panel includes film maker Mahesh Bhatt, Admiral Vishnu Bhagwat, National Advisory Council members Harsh Mander and MP Ram Dayal Munda, eminent jurist Vrinda Grover, journalist Seema Mustafa and others.
In case India has forgotten, and sometimes I fear that the people have indeed ceased to remember, Kandhamal district saw two rounds of vicious anti Christian violence in December 2007 and then in August-December 2008. Over 400 villages were purged of their Christian population, with close to 6,000 houses destroyed in mass arson and loot. As many as 295 Church buildings, big and small were destroyed, apart from dozens of Christian social centres and technical training institutions. Perhaps as many as 110 persons were brutally murdered, and we will never know the real figure because the government does not want to record and acknowledge the death of people who were injured and then crawled into the forests and succumbed days alter. And others, including newborns, who died for want of medical attention. Among the dead were women, disabled people, children, Adivasi Kondhs and Dalit Panos. Three women were gang raped and many others molested in what is politely called gender violence.
For the 54,000 persons - which is over 10,000 families -- it will take years more before they can say they have fully recovered from the trauma of the pogrom and one of India’s largest internal displacement after Gujarat 2002 not connected with large dams or natural disasters such as the Tsunami. One third of them still cannot return to their villages for they have been plainly told they will have to become Hindus before they can come. They are destined to live in ghettos or in urban slums. A few who dared were forcibly made Hindus in a simple process in which their hair was shorn and they were made to drink a mixture of cow urine and dung. This I have it from the brother of a victim. The boy suffered in silence, but the next day, ran away and is now once again a practising Christian, though not yet able to live in his own house.
The violence had also impacted on 13 other districts of Kandhamal, and saw copy cat incidents in other states, notably Karnataka, but also in Tamil Nadu, Andhra, Maharashtra, Madhya Pradesh, and Chhatisgarh and so on. The violence died out when there was nothing more left to burn. Neither the Centre, nor the Sate authorities can really lay claim that it was their initiative or their work that brought the fires and the killings under control.
And in a travesty of justice and retribution, the chief officer still rules his fiefdom, the District collector who failed to act when the body of the Vishwa Hindu Parishad leader Lakshmanananda Saraswati, was paraded by VHP and Bajrang Dal leaders for over 270 kilometres touching most villages in the sparsely populated Kandhamal. His response then was that any action would have enraged the mobs further. Policemen, many of whom had often drunk of the “holy water” in which the man used to wash his feet during the many dishpans in his 40 year unlawful reign in the forested district, were of course not even expected to act, and remained silent and distant spectators. Most remain in their posts. Not one has been punished for dereliction of duty. The collector has apparently even been given awards by some institutes which have forgotten that had to be admonished by no less than the Supreme Court of India before he would allow humanitarian aid from Christian relief agencies to be distributed in the camps the government had set up in then wake of the violence. His reasons for denying them permission: he feared they would assist only Christian victims and would therefore exacerbate the situation, forgetting the role these very agencies had played in assisting a paralysed Stet government during the Super-cyclones and floods of past years!
The Centre, ruled by the United Progressive Alliance led by the Congress, and the State, ruled by the autocratic Naveen Pattnaik and his Biju Janata Dal – continue to quarrel over the issue. The centre said it had sent adequate forces, the chief minister said they were mere trainees. But neither Centre nor State have had the charity to look at the condition of the victims. The centre – which had been repeatedly, and in vain, been approached by the top leadership of the Christian community -- vacillated. The then Union Home Minister and now Punjab Governor, Shivraj Patil, proved his arrogance and thorough incompetence by dithering and not been able to make up his mind if the Centre could really invoke Constitutional provisions to force Pattnaik to act. Even the President of India, approached by us, could do little other than formally asking for a report. There is little Indian Presidents, who are constitutional heads, can do unless the Prime Minister and the Union Cabinet present them the relevant papers to sign.
It is this governmental paralysis that is so visible in all facets of the Kandhamal operations – relief, justice, human rehabilitation.
The Church led the initial relief. But the government stood exposed in the quality of camps it ran. Even had nosed New Delhi bureaucrats were shocked at the conditions of life, and for the few foreign delegations that could see camp life, it as worse than conditions in deep Africa, or in prisoners of war camps. More than hunger and disease, it was the indignity that human beings were subjected to, cramped under the tarpaulin, shorn of all privacy. Young girls, women and married couples suffered the worst. Unmarried girls will carry the shame and the trauma to their graves.
Form union revenue secretary K. R. Venugopal, IAS, wrote to the Orissa government: “There can never be any dignity if people practising a particular religion – here Christianity – are told that they can return to their homes only as Hindus. Such threats are unconstitutional and the State has a duty to intervene proactively to put a stop to that and guarantee peaceful residence to the citizens with a right to their religious conviction. All these involve the relevant fundamental rights guaranteed to citizens under Part III of our Constitution as in articles 19, 21 and 25, not to mention the articles that guarantee the right to equality before law and equal protection of the laws and the right not to be discriminated on any account.”
He went on to record the “the impossible conditions seen in the camps visited by us in G. Udayagri and Mandasur. The unacceptable numbers of people living in each of these camps and in each tent in these camps render their lives miserable in the extreme and inhuman. In one tent where I spent an hour at G. Udayagiri speaking to the inmates there were 48 persons of whom several were women. Its dimensions were about 25x15 feet. There was hardly space for any one to move or stretch, what to speak of privacy for women to change? Those women live in the full view of the male inmates, including their own brothers on the one hand and strangers on the other. Their sanitary requirements at a personal level, including of women who have not attained menopause have not been factored in by those who designed or are running these camps. If the official argument is that these women would not know how to use sanitary napkins or pads even if supplied, then they should be provided with whatever they are accustomed to, in consultation with them. It is deplorable that this has not been done. Outside these tents, there are less than 10 toilets for the thousands living in the camp with hardly 5 of them in usable condition.”
Two years on the conditions of the victims of Kandhamal remains in dire straits - homeless, jobless and bereft of any justice from the Pattnaik regime. Fr Ajay Singh, who is a senior activist and involved both in all three aspects of the Kandhamal struggle, says “the fact that the majority of the population of Kandhamal are Adivasis and dalits has only aggravated the criminal negligence of the administration.” Out of 3,300 complaints filed by the victims in the local police stations, only 831 have been registered as FIRs. Majority of the registered cases have not been investigated. The communal bias of the state administration has meant criminals have been acquitted one by one. Now the National Solidarity Forum, a coalition of over 55 organisations from different parts of the country has been formed to take up the cause of justice for the victims of the Kandhamal pogrom.
I have seen how the legal system works in Kandhamal. The two fast track courts set up in a government building in Phulbani, the district capital, are examples of just how justice systems ought not to be conducted. The courtyards of the courts are filled with RSS activists, and witnesses who come are threatened almost within hearing distance of the judges. The two policemen at the court can merely look on. Inside, with the victims getting no independent legal help, they remain at the mercy of two hard pressed and entirely enlightened Public Prosecutors. Their own probity could be questioned if there were competent prosecution lawyers assisting the witnesses in cross examinations and speaking on behalf of the victims. The results are inevitable. There is small punishment in minor cases, but the major cases of murder see the killers go scot free. In the case of the gang rape of the Nun, it took the Christian defence lawyers months before they could win in the High court to get the case transferred from Kandhamal to Cuttack, which is the seat of the High Court of Orissa. But even here, the proceedings do not see the public prosecutors and police actually assisting the cause of justice.
We await the judgment which may take some time. Of the rest, the statistical summary explains the miscarriage of justice in the district.
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Complaints lodged after of 2008 3232
Cases Registered (FIRs) 831
No of Case were commuted to the fast tract courts 193
No. Cases under trial 95
No. Cases disposed (Filed as Closed) 91
No. Persons Convicted 176
Life imprisonment Sentence 5
Persons Acquitted 653
Persons arrested so far 794
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Noted jurist Vrinda Grover in her report “The Law must Change Its Course” has graphically analysed the judicial system and cautioned that the parody of the legal process will have far reaching implications. She and others have also demanded that the crime registration to investigation by special teams, and the trial process now follow the rigours procedures that have been set in motion in Gujarat after repeated interventions by the Supreme Court of India.
This brings me back to the case of the trafficked women. Archbishop Raphael Cheenath has referred the human trafficking as a major criminal and moral threat to the innocent of the Tribal and Dalit people. The most recent case came from the Tikably block, where a girl was lured away by a boy on the promise of marriage and was finally rescued from Jharkhand. In another case, four girls from the Daringbadi block were trafficked to Delhi to work as domestic labour. There were worse cases. In Gumamaha panchayat, 15 girls were rescued from Bhubaneswar railway station, from a person who called himself a supervisor of the noted company L&T. Another two girls, who were studying in class 7, were taken to Noida near Delhi and sexually abused and forced into prostitution. They managed to escape after two months and finally sent back home by an NGO. Activists say such incidents, disclosed to the investigating teams during interactions, are still the tip of the iceberg. According to some NGO activists, there are organised racketeers who are working the district now. Some local people of the district generally act as middlemen and lure the family members by job offers.
Displacement induced migration too has increased after the violence. According to Mr Kumar Raman Das, District Labour Officer, Child Labour, post-violence, families are migrating to other districts and states for work, making migrant labour of children. In Baliguda sub-division (nine blocks), many have migrated to states such as Kerala where wages are high and they are earning Rs 250 per day. Although he maintained that migration by women was not yet high, except in Daringbadi Block, he added that many girls were moving willingly to cities such as Delhi to work as domestic labour.
Most importantly, he said, while migration for work has always been present, and the state administration in Kerala and other places had been supportive so far, post-riots, there has been a sharp spurt in the number that wants to move out, which has made even the state wary and the local police uncooperative. Last year the Kerala government forced 49 migrant labourers from Kandhamal to return, while the Sub-Collector has rescued 73 migrant workers from other states. Children become the worst victim of such circumstances, tossed around and dumped like baggage, without any concern of their present or future.
Kandhamal is used to poverty and hard living. The Orissa Human Development Report, 2005 published by United Nations Development Programme in collaboration with the Federal and Orissa government records, “In 1983, the population live under the Below Poverty Line in Kandhamal district is 74 %; whereas in the same period the coastal Orissa was 67 %. In 2001, the coastal Orissa recorded a reduced percentage of people living under Below Poverty Line to 36 %; while in the same period, Kandhamal district records upward swing of people living under Below Poverty Line up to 75%.” Kandhamal is the second least developed on overall human development index while it is least on health index of Orissa. Tribal and Dalit populations living Below Poverty Line levels is as high as 92% and 87% respectively.
There seems a dim chance of the people rising above the poverty line anytime soon, because there are just no jobs, and the exiting employment schemes, reeking of corruption, seem not to reach the actual victims. Neither government nor Church seems to have come to grips with the problem. An earlier attempt to provide means of self employment to the people has been all but abandoned – businesses that were restored after the 2007 violence were once again destroyed within eight months, and that makes people afraid to invest.
Kandhamal is also used to disease and sickness. Access to health care remains critical. Even in normal times Kandhamal is endemic in malaria, brain fever with the major annual death tolls. The district records one of the highest Infant Mortality Rate and overall index in the country. The violence aftermath has only added to the woes. It is difficult to reach Medicare to the refugees. The district hospital and other block hospitals are ill-equipped to meet serious medical emergencies. The forest areas and the physical insecurity make transportation of critical ill difficult.
The matter of physical rehabilitation and housing has exposed the real abdication of duty by the state government and its officials in the district headquarters. Without any reference to national standards of rehabilitation of communal violence victims, the state fixed arbitrary rates of Rs 50,000 for fully destroyed houses, and Rs 30 to 30 thousand for homes described as partially destroyed, a convenient definition that has kept most uninhabitable houses deserving only of a lower compensation. The churches’ eagerness to be seen acting somewhere has seen them come and try to help the people complete some of the houses. But after having seen the ground situation, my fears are that not even two thirds of the house will be completed this way, unless the church at large can use the full might of the Supreme court and force the government on build the houses from scratch, and build them to human standards. There are issues of land for those whose land ownership is now being questioned because they are Dalits, and this issue also needs to be redressed. The government is not able to build a single house to completion because its support of Rs 50,000 for fully and Rs 20,000 for partial damaged houses, is barely sufficient for mere walls; leaving the house shell without roofs. Even those houses which escaped destruction, were looted, and there is no provision to help people rebuild their lives.
But I feel the real concern is about the children of Kandhamal. I accompanied various European Union teams to Kandhamal, official and unofficial, and I was struck that both men and women in the tams thought of the plight and psychological status, the hiatus in education, and the lack of expert counselling as ;possibly the most major issues in the ravaged district. Over 12000 had their studies discontinued, or severely interrupted. Children in the higher classes – the hopes of a better life for the future – were the worst affected as they did not study almost a full academic year. For the girls, who are due to sit for boards’ examination for 10th and 12th class, this really meant an end to their education, and an end to their dreams and ambitions of a better life. The trauma remains a nightmare, and it may take years before they are healed, if ever.
For me, this is the final tragedy of Kandhamal. An entire generation has been seared by the violence born out of hate and intolerance projected by a specific fascist ideology, fuelled by political and religious competiveness, the fanaticism of one man now dead, murdered by the Maoists in his own home. The tragedy has been compounded by the incompetence of the administration, the utter lack of a sense of responsibility by the bureaucracy and police. The human tragedy seems not matter to Chief minister Naveen Pattnaik, and even his political rivals, the Congress. That is the final tragedy. For Orissa and its ruling elite, Kandhamal does not exist, much less matter. It is the invisible wound, the hidden tumour, which may fester and injure thousands of poor, but does not politically hurt the rulers.
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With main Kandhamal Report
The National Solidarity Forum, a coalition of over 55 organisations from different parts of the country, which was formed this summer to take up the cause of justice for the victims of the Kandhamal pogrom held an Exhibition at Constitution Club on 22nd April depicting the carnage through drawings, paintings, photographs and semi destroyed artefacts from the burnt down Churches of the district. The exhibition, inaugurated by noted poet and Member of Parliament Javed Akhtar preceded a National People’s Tribunal. The Tribunal jury comprised of former Chief Justices of the Delhi High Court, Justice A P Shah and Justice Rajindar Sachchar. The expert panel includes film maker Mahesh Bhatt, Admiral Vishnu Bhagwat, National Advisory Council members Harsh Mander and MP Ram Dayal Munda, eminent jurist Vrinda Grover, journalist Seema Mustafa and others. The finale was a National Protest Day on 25th August 20101 in Delhi – and also in Bangalore and Mumbai – entitled “No More Kandhamal’. A list of demands has been presented to the Central and State governments by the National Solidarity Forum at the Protest march.
DEMANDS:
The National Solidarity Forum demands:
1. Immediate prosecution of the police officials who failed to register FIRs and who have allowed criminals to escape justice;
2. Prosecution of policemen who supported the communal violence in Kandhamal;
3. Prosecution of all those who are responsible for forcible conversions to Hinduism;
4. Transfer investigation of the Kandhamal violence to the Central Bureau of Investigation or SIT;
5. Full compensation for the over 5,600 houses destroyed in mass arson;
6. Compensation for victims of gender violence;
7. Compensation for loss of livelihood for two years;
8. Full compensation to all next of kin of those who died in the riots;
9. Resettlement of victims with provision of security in their villages;
10. Employment for men and women victims;
11. Trauma counselling for children, women and men;
12. Assistance for children, especially girls who cannot continue their education as their school certificates have been burnt;
13. Assistance for a large number of survivors whose documents of land and property were destroyed;
14. Implementation of a basic witness protection scheme and provision of assistance and remuneration to victims in order to ensure their testimony in court;
15. Repeal of the Orissa Freedom of Religion Act, 1967, which fuels prejudice towards religious minorities;
16. Establishment of a State Commission for Minorities, on the model of the national Commission for Minorities;
17. Prosecution of District, state and administrative officials for their dereliction of duty during violence and rehabilitation
[This article has also been published in the Indian Currents, New Delhi in its edition dated 22 August 2010]
Saturday, August 21, 2010
Monday, August 16, 2010
Admiral of the Faith
Raphael Cheenath of Kandhamal
By John Dayal
August 2010
In a year which marks the Centenary of Blessed Mother Teresa and of Saint Alphonsa, most would find it difficult to find another authentic Christian hero for the Faithful in India. Raphael Cheenath would possibly blush if someone were to describe him as a living Saint -- if a tall deeply tanned and well built man in his late Seventies, who has seen both the urbane world and the deep of the forests, can indeed blush. But the Archbishop of Cuttack Bhubaneswar, and as he is now better known across the globe, “Archbishop Cheenath of Kandhamal”, is indeed one of a kind, a hero of the faith for Catholics, Episcopal and Evangelical Christians. This for having provided leadership to a battered and fragile community consisting of indigenous Tribal Kondh people and Dalit Panos groups, the poorest and the most marginalised segments of the population, to stand up to the worst form of persecution Christians have faced in over three hundred years. The last such large scale violence against the faithful was at the hands of Tipu Sultan, King of Mysore, who ravished the West coast of the Konkan and drove the Catholics on a long march to captivity.
What Cheenath and his people faced was the full hatred of India’s emergent neo-fascist religious bigots, described by political scientists as the Sangh Parivar. This is a pseudo-military political conglomeration believing in the right of their upper caste co-religionists to be the true and only inheritors of India, with Muslims and Christians in particular as aliens who have no place in the motherland. This group, which took inspiration from the Nazi and fascist traditions of Adolf Hitler and Il Duce Mussolini from the Europe of the 1920s and 1930s, has been unhappy at India’s partition with the Muslim dominated western regions becoming the Islamic republic of Pakistan. They transferred their political angst into an animosity against Indian Muslims. This animosity has triggered perhaps twenty thousand riots in fifty years against the Muslims, who form just over ten per cent of the population. The Sangh hatred of Christians – who are less than 2.4 per cent of the national population -- was perhaps even deeper, partly by identifying the community with the imperial British who ruled India for more than a Hundred years, and partly for seeing in proselytising Christian missionaries a threat to the core of Hinduism itself. This led to a series of violent acts, sporadic in the first forty years of Independence of India in 1947, but bursting into the open in the mid 1990s, mostly in Gujarat, Orissa and Madhya Pradesh.
The Sangh violence of the 1990s against Christians saw the emergence of Archbishop Alan De Lastic of Delhi as the undisputed leader and spokesman of the Christian community in the country. Alan took to advocacy at the highest level, representing the community’s cause with the highest political leadership in the land, and when that failed to rouse the national conscience, led the community into radical action, including all India agitation such as the strike of 4 December 1998 which saw every educational and medical institution run by the community close down for a day in protest.
The government’s response, then, and of the Bharatiya Janata party now, was to call for a national debate on conversions, a ruse repeatedly used by the Sangh Parivar to coerce the community and subvert Constitutional guarantees of freedom of faith.
The Sangh violence in Kandhamal was at a much higher pitch, lasted much longer and affected more people than the mayhem had in 1998 or even earlier. When the fires died down in the plateau of Kandhamal right in the middle of the State of Orissa, more than 54,000 people had become refugees in their own homeland, Over 400 villages had been purged of all Christian presence, a hundred people had been killed and over 5,600 houses burnt. Children lost their childhood, those going to school lost years of academic progress. A Nun was gang raped, and there were reports of many other rapes and molestation. Girls were molested, and into the third year, some had been victims of human trafficking. For many, the trauma was worse – they had been told they could not return to their villages till they became Hindus, a process accomplished by forcibly shearing off their hair and making them drink a mixture of the dung and urine of a cow. Most refused and were severely beaten up and brutalised. They remain the real heroes.
In a way, Cheenath had a lifetime of experience in the tribal regions of central India to know how to respond even to the unexpected. Raphael Cheenath, born in Manalur, Kerala on 29 December 1934 joined the Society of the Divine Word, worked in Madhya Pradesh and Orissa as a missionary and priest, and was eventually appointed Bishop of Sambalpur, before being named 1 July 1985 as the second Archbishop of Cuttack-Bhubaneswar Archdiocese. As missionary, priest, Bishop and Archbishop, he had worked closely with the Dalit and Tribal communities. It is an interesting factoid that his Bishop’s house is almost entirely staffed by people from Kandhamal.
When violence broke out, first in December 2007 at Christmas-time and then in August 2008, it was natural and swift for a duty-bound Cheenath to convey the cries and the anguish of the victims to the national political and governmental leadership. With other colleagues of the Episcopacy in the Catholic Bishops Conference of India, he met the President of India and the Prime minister, the Governor and the Chief Minister. When the Chief Minister refused to meet the Christian delegation which had called on him, Cheenath led the clergy group to stage a Gandhian “dharna” or sit-in at the residence of the Chief Minister till the man, Mr Naveen Pattnaik, agreed to meet them.
The fires however continued to rage in the forests. It was the forest, like a mother, which sheltered the refugees, preventing a much higher death toll. But they were without relief. The district officers refused permission for Church agencies to bring in relief. The Sangh had feared that church relief agencies would further convert people or spread Christianity! The media was not helpful.
Cheenath had the courage to go to court. He has consistently shown this commitment to justice, to the need to challenge the legal system of the country to deliver justice to religious minorities. This is not as easy as it sounds. Justice still eludes most in Kandhamal, and it is the legal review system that has been put ion place by the church that is ensuring that the Fat Track courts trying several of the criminal cases are closely monitored and preparations made for remedial action.
Cheenath’s writ petition in the Supreme Court of India was the first of the many steps that would have to be taken in courts big and small, and it produced results. If over 2,000 of the houses have now been completed and relief agencies are working, it is because of that court action.
Cheenath would sound out the justice system more than once. He became the first Archbishop, or Christian leader, in living memory to appear before a Judicial Commission, the Justice Panigrahi Commission, to put on record the plight of the common an the poor of his community. He refused to be cowed by the cross examination of hostile lawyers, most of whom were politically aligned with the Sangh Parivar.
It has been this charismatic leadership in all sectors – the justice system, the relief and rehabilitation, and the matter of faith – that Cheenath has been successful in strengthening the spiritual values of the people and of his clergy and restoring faith in the system, which had been shattered. In fact, government and judiciary owe him a debt of gratitude for this, for it would have been so easy for the frustrated and the angry to lose faith in democratic processes and institutions when faced with the magnitude of the crisis and the initial hostility of police and administration.
It is not that the Archbishop has not faced charges from the lesser informed among clergy and lay persons, mostly for not being physically present in Kandhamal in the initial weeks, and coming first to Delhi and then staying back in the Bishops House in Bhubaneswar. But to say this is to not fully understand the geography of the area and the political and violence situation. There was hardly a Catholic institutional building intact in the entire region. It may, by the way, be recalled that a bomb was thrown at Bishop’s house during Christmas 2007; the complaint of this was made to the police by no less than Father Bernard Digal, then Treasurer of the Archdiocese. One of the great tragedies of Kandhamal was the martyrdom of Fr Bernard, who left the comparative security of Bishops’ house to travel close to 300 kilometres to see the ground situation in the district, which also happened to be his homeland. His own village had been devastated. His brother and family had seen their hut being burnt to the ground, and were now staying with thousands of others in a refugee camp. Bernard was waylaid, and beaten savagely, and then left for dead. He was rescued by others a day alter, brought to hospital. He almost recovered after intensive treatment in Mumbai, but eventually succumbed to his internal injuries and complications in a hospital in Chennai just when everyone was expecting him to be declared cured.
That showed the threat to all clergy and religious, especially women who were absolutely not safe. The Archbishop had been identified by the Sangh Parivar and named as their main enemy. The Sangh staged dharna and agitations in Bhubaneswar asking for his immediate arrest, tighter with Rajya Sabha member Radha Kant Nayak and a couple of others. The threat to the Archbishop’s life and liberty was very real. The Sangh was trying hard to implicate him and some other Catholic leaders in the murder of the Vishwa Hindu Parishad vice president Lakshmanananda Saraswati whose murder, acknowledged to be their handiwork by left-wing militant Maoist groups of the region, that had triggered off the violence. The body of this man had been taken in a procession of over 200 kilometres through the hills and valleys of Kandhamal, accompanied not just by Sangh leaders, but even by the highest district civil and police authorities who ten stood by while well armed mobs used direr and knife to lay into the Christian community village after village. The district authorities were just not ready to take the risk for a survey of the violence by the Archbishop, afraid both for his security and possibly that his presence could make the Christian community rise in revolt in the refugee camps where living conditions were barely fit for animals. And when finally Cheenath did come to the district, it had to be while being escorted by an armed convoy.
There had also been charges, muttered silently and gossiped through SMS messages and emails that while Pentecost pastors stayed with the community even in refugee camps, the Catholic priests had gone to the forests. Cheenath had even in the Christmas 2007 violence given clear instructions to the men and women under his charge – human lives were precious and sacred, but buildings could be rebuilt. Catholic fathers including parish priests saw their churches burn as they fled to the forests, but many of the parishes were coming alive within months of the return of peace, the lone priest living in the ashes of the parish church, so to speak, of perhaps a single surviving room in what was once his home. Catholic institutions were the main target of the violence of 2008, but it is the resilience of the church and the strength of its leadership – including the courage of individual priests – that the Church is alive once again in the forests of Kandhamal.
Cheenath has toured Europe and other countries, but more important, it has been his witness in many states in the country that has encouraged and strengthened the community and given it hope. His evidence before visiting human rights groups, and as important, before emissaries of various countries and the international human rights movement, including the Untied Nations Human Rights Council through its Special Rapporteur, that Cheenath ahs been successful in explaining to the world at large the danger that neo Nazi and fascist groups, riding a narrow religious nationalism, pose not just to India, but to international peace. We cannot say this of many other religious leaders in the country today. As someone who has seen him at close quarters over the last three years, I have come to respect and admire Archbishop Raphael Cheenath. His life remains under threat. But Cheenath has been a veritable Admiral, leading his men, of course, but also steering the community to security, and peace while maintaining pressure on the State to give Justice to the victims.
By John Dayal
August 2010
In a year which marks the Centenary of Blessed Mother Teresa and of Saint Alphonsa, most would find it difficult to find another authentic Christian hero for the Faithful in India. Raphael Cheenath would possibly blush if someone were to describe him as a living Saint -- if a tall deeply tanned and well built man in his late Seventies, who has seen both the urbane world and the deep of the forests, can indeed blush. But the Archbishop of Cuttack Bhubaneswar, and as he is now better known across the globe, “Archbishop Cheenath of Kandhamal”, is indeed one of a kind, a hero of the faith for Catholics, Episcopal and Evangelical Christians. This for having provided leadership to a battered and fragile community consisting of indigenous Tribal Kondh people and Dalit Panos groups, the poorest and the most marginalised segments of the population, to stand up to the worst form of persecution Christians have faced in over three hundred years. The last such large scale violence against the faithful was at the hands of Tipu Sultan, King of Mysore, who ravished the West coast of the Konkan and drove the Catholics on a long march to captivity.
What Cheenath and his people faced was the full hatred of India’s emergent neo-fascist religious bigots, described by political scientists as the Sangh Parivar. This is a pseudo-military political conglomeration believing in the right of their upper caste co-religionists to be the true and only inheritors of India, with Muslims and Christians in particular as aliens who have no place in the motherland. This group, which took inspiration from the Nazi and fascist traditions of Adolf Hitler and Il Duce Mussolini from the Europe of the 1920s and 1930s, has been unhappy at India’s partition with the Muslim dominated western regions becoming the Islamic republic of Pakistan. They transferred their political angst into an animosity against Indian Muslims. This animosity has triggered perhaps twenty thousand riots in fifty years against the Muslims, who form just over ten per cent of the population. The Sangh hatred of Christians – who are less than 2.4 per cent of the national population -- was perhaps even deeper, partly by identifying the community with the imperial British who ruled India for more than a Hundred years, and partly for seeing in proselytising Christian missionaries a threat to the core of Hinduism itself. This led to a series of violent acts, sporadic in the first forty years of Independence of India in 1947, but bursting into the open in the mid 1990s, mostly in Gujarat, Orissa and Madhya Pradesh.
The Sangh violence of the 1990s against Christians saw the emergence of Archbishop Alan De Lastic of Delhi as the undisputed leader and spokesman of the Christian community in the country. Alan took to advocacy at the highest level, representing the community’s cause with the highest political leadership in the land, and when that failed to rouse the national conscience, led the community into radical action, including all India agitation such as the strike of 4 December 1998 which saw every educational and medical institution run by the community close down for a day in protest.
The government’s response, then, and of the Bharatiya Janata party now, was to call for a national debate on conversions, a ruse repeatedly used by the Sangh Parivar to coerce the community and subvert Constitutional guarantees of freedom of faith.
The Sangh violence in Kandhamal was at a much higher pitch, lasted much longer and affected more people than the mayhem had in 1998 or even earlier. When the fires died down in the plateau of Kandhamal right in the middle of the State of Orissa, more than 54,000 people had become refugees in their own homeland, Over 400 villages had been purged of all Christian presence, a hundred people had been killed and over 5,600 houses burnt. Children lost their childhood, those going to school lost years of academic progress. A Nun was gang raped, and there were reports of many other rapes and molestation. Girls were molested, and into the third year, some had been victims of human trafficking. For many, the trauma was worse – they had been told they could not return to their villages till they became Hindus, a process accomplished by forcibly shearing off their hair and making them drink a mixture of the dung and urine of a cow. Most refused and were severely beaten up and brutalised. They remain the real heroes.
In a way, Cheenath had a lifetime of experience in the tribal regions of central India to know how to respond even to the unexpected. Raphael Cheenath, born in Manalur, Kerala on 29 December 1934 joined the Society of the Divine Word, worked in Madhya Pradesh and Orissa as a missionary and priest, and was eventually appointed Bishop of Sambalpur, before being named 1 July 1985 as the second Archbishop of Cuttack-Bhubaneswar Archdiocese. As missionary, priest, Bishop and Archbishop, he had worked closely with the Dalit and Tribal communities. It is an interesting factoid that his Bishop’s house is almost entirely staffed by people from Kandhamal.
When violence broke out, first in December 2007 at Christmas-time and then in August 2008, it was natural and swift for a duty-bound Cheenath to convey the cries and the anguish of the victims to the national political and governmental leadership. With other colleagues of the Episcopacy in the Catholic Bishops Conference of India, he met the President of India and the Prime minister, the Governor and the Chief Minister. When the Chief Minister refused to meet the Christian delegation which had called on him, Cheenath led the clergy group to stage a Gandhian “dharna” or sit-in at the residence of the Chief Minister till the man, Mr Naveen Pattnaik, agreed to meet them.
The fires however continued to rage in the forests. It was the forest, like a mother, which sheltered the refugees, preventing a much higher death toll. But they were without relief. The district officers refused permission for Church agencies to bring in relief. The Sangh had feared that church relief agencies would further convert people or spread Christianity! The media was not helpful.
Cheenath had the courage to go to court. He has consistently shown this commitment to justice, to the need to challenge the legal system of the country to deliver justice to religious minorities. This is not as easy as it sounds. Justice still eludes most in Kandhamal, and it is the legal review system that has been put ion place by the church that is ensuring that the Fat Track courts trying several of the criminal cases are closely monitored and preparations made for remedial action.
Cheenath’s writ petition in the Supreme Court of India was the first of the many steps that would have to be taken in courts big and small, and it produced results. If over 2,000 of the houses have now been completed and relief agencies are working, it is because of that court action.
Cheenath would sound out the justice system more than once. He became the first Archbishop, or Christian leader, in living memory to appear before a Judicial Commission, the Justice Panigrahi Commission, to put on record the plight of the common an the poor of his community. He refused to be cowed by the cross examination of hostile lawyers, most of whom were politically aligned with the Sangh Parivar.
It has been this charismatic leadership in all sectors – the justice system, the relief and rehabilitation, and the matter of faith – that Cheenath has been successful in strengthening the spiritual values of the people and of his clergy and restoring faith in the system, which had been shattered. In fact, government and judiciary owe him a debt of gratitude for this, for it would have been so easy for the frustrated and the angry to lose faith in democratic processes and institutions when faced with the magnitude of the crisis and the initial hostility of police and administration.
It is not that the Archbishop has not faced charges from the lesser informed among clergy and lay persons, mostly for not being physically present in Kandhamal in the initial weeks, and coming first to Delhi and then staying back in the Bishops House in Bhubaneswar. But to say this is to not fully understand the geography of the area and the political and violence situation. There was hardly a Catholic institutional building intact in the entire region. It may, by the way, be recalled that a bomb was thrown at Bishop’s house during Christmas 2007; the complaint of this was made to the police by no less than Father Bernard Digal, then Treasurer of the Archdiocese. One of the great tragedies of Kandhamal was the martyrdom of Fr Bernard, who left the comparative security of Bishops’ house to travel close to 300 kilometres to see the ground situation in the district, which also happened to be his homeland. His own village had been devastated. His brother and family had seen their hut being burnt to the ground, and were now staying with thousands of others in a refugee camp. Bernard was waylaid, and beaten savagely, and then left for dead. He was rescued by others a day alter, brought to hospital. He almost recovered after intensive treatment in Mumbai, but eventually succumbed to his internal injuries and complications in a hospital in Chennai just when everyone was expecting him to be declared cured.
That showed the threat to all clergy and religious, especially women who were absolutely not safe. The Archbishop had been identified by the Sangh Parivar and named as their main enemy. The Sangh staged dharna and agitations in Bhubaneswar asking for his immediate arrest, tighter with Rajya Sabha member Radha Kant Nayak and a couple of others. The threat to the Archbishop’s life and liberty was very real. The Sangh was trying hard to implicate him and some other Catholic leaders in the murder of the Vishwa Hindu Parishad vice president Lakshmanananda Saraswati whose murder, acknowledged to be their handiwork by left-wing militant Maoist groups of the region, that had triggered off the violence. The body of this man had been taken in a procession of over 200 kilometres through the hills and valleys of Kandhamal, accompanied not just by Sangh leaders, but even by the highest district civil and police authorities who ten stood by while well armed mobs used direr and knife to lay into the Christian community village after village. The district authorities were just not ready to take the risk for a survey of the violence by the Archbishop, afraid both for his security and possibly that his presence could make the Christian community rise in revolt in the refugee camps where living conditions were barely fit for animals. And when finally Cheenath did come to the district, it had to be while being escorted by an armed convoy.
There had also been charges, muttered silently and gossiped through SMS messages and emails that while Pentecost pastors stayed with the community even in refugee camps, the Catholic priests had gone to the forests. Cheenath had even in the Christmas 2007 violence given clear instructions to the men and women under his charge – human lives were precious and sacred, but buildings could be rebuilt. Catholic fathers including parish priests saw their churches burn as they fled to the forests, but many of the parishes were coming alive within months of the return of peace, the lone priest living in the ashes of the parish church, so to speak, of perhaps a single surviving room in what was once his home. Catholic institutions were the main target of the violence of 2008, but it is the resilience of the church and the strength of its leadership – including the courage of individual priests – that the Church is alive once again in the forests of Kandhamal.
Cheenath has toured Europe and other countries, but more important, it has been his witness in many states in the country that has encouraged and strengthened the community and given it hope. His evidence before visiting human rights groups, and as important, before emissaries of various countries and the international human rights movement, including the Untied Nations Human Rights Council through its Special Rapporteur, that Cheenath ahs been successful in explaining to the world at large the danger that neo Nazi and fascist groups, riding a narrow religious nationalism, pose not just to India, but to international peace. We cannot say this of many other religious leaders in the country today. As someone who has seen him at close quarters over the last three years, I have come to respect and admire Archbishop Raphael Cheenath. His life remains under threat. But Cheenath has been a veritable Admiral, leading his men, of course, but also steering the community to security, and peace while maintaining pressure on the State to give Justice to the victims.
Friday, June 25, 2010
Sangh schools dominate Orissa education landscape
Sangh dominates Orissa's schools
BHUBANESWAR, [PRASHANTI,] JUNE 25 2010-06-25
Radical Hindu groups in the Indian state of Orissa may have stolen a march on Christians by developing a large network of schools in rural areas of the state neglected by the Church, an education expert fears.
Since 1978, the Rashtriya Swayamsevak Sangh (RSS, national volunteer corps) has built a network of 793 schools in the eastern state with a faculty of 12,000 teachers, local reports say.
“The RSS has spearheaded the movement, successfully penetrating into the educational systems of both the grassroots and centralized regulatory commissions,” Angana Chatterji is a professor of Social and Cultural Anthropology at the California Institute of Integral Studies, USA.
“A whole new generation is being grown indoctrinated in Hindutva (Hindu ideology). It is a devious strategy to teach hate to the young,” the paper claims, with as many as 55 of the top 100 10th grade students now coming from these schools.
“The RSS made it clear that the schools, called Shishu Mandirs, together with the Ekal Vidyalayas (single-teacher primary schools in villages), were set up to counter the influence of the schools run by the Church,” John Dayal, secretary general of the All India Christian Council, said.
He lamented that Christian schools, which are mostly located in metropolitan cities and towns, have earned the reputation of being elite English language institutions for the rich and powerful.
Barring a few exceptions, there are hardly any Christian schools in rural areas, Dayal added, and the RSS-run schools fill the vacuum, providing high quality education without the elitism. “The Church needs to do a rethinking in this regard,” he warned.
Father Anselm Biswal, former director of social work, agreed. “The schools that we have are no match for the RSS schools,” he said. “What we require today is a commitment and direction to the issue of education”.
In this year’s annual examinations for the tenth class, children of the RSS schools, many of them sons and daughters of government officials, took the top positions across Orissa.
BHUBANESWAR, [PRASHANTI,] JUNE 25 2010-06-25
Radical Hindu groups in the Indian state of Orissa may have stolen a march on Christians by developing a large network of schools in rural areas of the state neglected by the Church, an education expert fears.
Since 1978, the Rashtriya Swayamsevak Sangh (RSS, national volunteer corps) has built a network of 793 schools in the eastern state with a faculty of 12,000 teachers, local reports say.
“The RSS has spearheaded the movement, successfully penetrating into the educational systems of both the grassroots and centralized regulatory commissions,” Angana Chatterji is a professor of Social and Cultural Anthropology at the California Institute of Integral Studies, USA.
“A whole new generation is being grown indoctrinated in Hindutva (Hindu ideology). It is a devious strategy to teach hate to the young,” the paper claims, with as many as 55 of the top 100 10th grade students now coming from these schools.
“The RSS made it clear that the schools, called Shishu Mandirs, together with the Ekal Vidyalayas (single-teacher primary schools in villages), were set up to counter the influence of the schools run by the Church,” John Dayal, secretary general of the All India Christian Council, said.
He lamented that Christian schools, which are mostly located in metropolitan cities and towns, have earned the reputation of being elite English language institutions for the rich and powerful.
Barring a few exceptions, there are hardly any Christian schools in rural areas, Dayal added, and the RSS-run schools fill the vacuum, providing high quality education without the elitism. “The Church needs to do a rethinking in this regard,” he warned.
Father Anselm Biswal, former director of social work, agreed. “The schools that we have are no match for the RSS schools,” he said. “What we require today is a commitment and direction to the issue of education”.
In this year’s annual examinations for the tenth class, children of the RSS schools, many of them sons and daughters of government officials, took the top positions across Orissa.
Thursday, June 24, 2010
Observations of the Christian Community on Proposed Communal violence Prevention Bill 2005/10
National Advisory Council meeting 24th June 2010
A. The Christian community, approximately 2.4 per cent of the Indian population, is yet to emerge from the trauma of the violence against it in Kandhamal District of Orissa in 2007 and 2008, which saw mass murder, unprecedented arson, gang rapes and coercive change of religion, among other crimes, and the continuing acts of violence against its members, individual pastors, priests, nuns, institutions, prayer meetings and tract distribution, across the country but more viciously in Karnataka, Orissa, Maharashtra, Andhra Pradesh, Gujarat, Rajasthan, Punjab, Uttarakhand, and occasionally even in the National Capital Region of Delhi. This experience is marked by our understanding of the protection given to the aggressors, issues of command responsibility and impunity, and a callous attitude towards Christianity which is seen even in official circles as an alien religion, and its faithful as so much lesser citizens in the exercise of their Constitutional rights. This experience, as much as our empathy with the experiences of our brothers and sisters in the Dalit community, the Tribal people and members of the Sikh and Muslim faiths, guides our understating of communal violence, and our response to the Communal Violence Control and Prevention Bill through its various incarnations from when it was first moved in Parliament in 2005 till the last Cabinet note of December 2009.
The Catholic Bishops Conference of India gave a detailed note to the Government some time ago. On behalf of the All India Christian Council, its office bearers also conveyed to Government our feelings. Other denominations and groups have also communicated with the government. The Christian community consists of several ecclesiastical groups and denominations, apart from ranging across all linguistic and ethnic groups in the country as is proper for its 2,000 year old history of existence in this great country.
It may be mentioned that we entirely support the major recommendations made by the Muslim community groups and by concerned Civil society. We strongly feel any Law to be relevant must empower the people, specially the survivor-victims. It must in no way further empower the State and the political apparatus to harass religious minorities.
This note therefore covers not just the experience of the Catholic and Episcopal groups in all their diversity as already enunciated by them, but also the experiences and needs if the membership of the All India Christian Council from the Evangelical and Pentecost churches, Independent Church groups and pastors, and above all, the common Christians, specially Tribal and Dalits, who may worship in their house, or go to a Church, and who are untied in their faith in the Salvation assured by Jesus Christ.
B. Needless to say, the proposed CV Bill is ignorant of the diversity of the minority communities, and specifically of the following issues of the Christian Community.
1. Dalit Christians: 60 per cent of all Christians in India trace their origins from the Dalit communities, now called the Scheduled Castes. They live with their fellow Indians in Dalit colonies, semi urban hovels, and village Cheris. They are subject to all atrocities faced by the others. In addition, they are targeted for being Christians, taunted, vilified and subject to sustained hate campaigns. And yet they do not get the hope or the security provided by anti-atrocity laws, or other provisions of the IPC.
2. TRIBALS: A large number of tribals are Christinas in the States of Rajasdthan, Madhya Pradesh, Gujarat, Maharashtra, Andhra, Chhatisgarh, Orissa and Jharkhand, apart from the Tribals of the North-Eastern region. The tribals of the so-called Chhotanagpur region particularly suffer from administrative and communal action, and find little or no recourse in the law. The experience in Kandhamal has brought this to the fore.
3. PLACES OF WORSHIP: While large cathedrals are landmarks in cities, the churches in small towns and villages may be just a kutcha hut or a log cabin. Often, both in Catholic and Protestant traditions, prayers are held within the house together with family members and neighbours. Sometimes, prayers are also held in the open on Sundays and other special days. Increasingly house churches have been targeted and often the police has been a party to the violence.
4. VIOLENCE AGAINST WOMEN: Nuns of the Catholic, Orthodox and of some Episcopal churches, as well as wives of Evangelical and Independent pastors have been particularly targeted in Madhya Pradesh, up to and including gang grape and sexual coercion, with the police entirely inactive, if not complicit. The Nuns can be identified at a distance and are therefore vulnerable all the more.
5. DIFFUSED POPULATION: Apart from certain districts, the Christian population is widely dispersed, and ingle families or a small cluster becomes very vulnerable.
6. PATTERN OF VIOLENCE: Though populations are dispersed in the major states – barring Kerala, Meghalaya, Nagaland and Goa, -- the violence is consistent. And yet authorities, especially the police dismiss it as “sporadic” unrelated and unconnected violence. The overall Pattern of Violence is never taken into account while taking preventive or curative measures.
7. HATE CAMPAIGNS: For the last forty years, there has been a consistent and sustained hate campaign against Christians, often officially supported. Where huge temples exist in government building and even in police stations, it is perhaps difficult to expect a secular approach from subordinate officials and policemen. The hate campaign in media is supported by partisanship in the district administration, further aggravating the communal harmony in those regions. These include refusal to distribute religious tracts and refusal of permission to sell or distribute Bibles, permission for holding Healing Ministries and Prayer meetings on public or private grounds and fields, and mis-reporting in the mass media painting the Christians in a negative light.
The following is an internal commentary by the All India Christian Council and its expert associates, which takes into account the above and assesses the new Bill with its suggestions.
C. OUR OBSERVATIONS ON THE CV BILL
The government has proposed a law to prevent control and deal with the aftermath of communal violence, which would include caste-based or religiously-motivated violence. Communal violence is recognised as a problem which runs deeper than simply undermining law and order. The UN Special Rapporteur on freedom of religion or belief echoed the NCM in emphasising that communal violence is most likely to occur in a situation in which the following elements are present:
• Long-standing antagonism along religious lines;
• A specific occurrence triggering an emotional response among members of religious communities;
• A sense among perpetrators and the religious community to which they belong that communal violence is justifiable;
• A sense among perpetrators that the reaction of police to communal violence would be absent, partisan or ineffective.
The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2009, was first introduced on 26 November 2005, and has undergone a series of revisions, which include the adoption of a number of recommendations issued by the NCM. It is expected to be introduced in the Lok Sabha in 2010, having received Cabinet approval in December 2009.
PROVISIONS:
The purpose of the Bill is outlined in the Statement of Objects and Reasons:
“Communal violence threatens the secular fabric, unity, integrity and internal security of a nation. With a view to empowering the State Governments and the Central Government to take effective measures to provide for the prevention and control of communal violence and to rehabilitate the victims of such violence, for speedy investigation and trial of offences including imposition of enhanced punishments, than those provided in the Indian Penal Code, on persons involved in communal violence and for matters connected therewith, it has been decided to enact a law by Parliament.”
The current version of the Bill sets out a series of measures to these ends, and includes the following provisions:
• Article 3(1) groups a number of offences under the Indian Penal Code (IPC) and other laws in a schedule. If one or more of these offences are committed “in such manner and on such a scale which involves the use of criminal force or violence against any group, caste or community, resulting in grievous hurt, loss of life, or extensive damage or destruction of property” and where “such use of criminal force or violence is committed with a view to create disharmony or feelings of enmity, hatred or ill-will between different groups, castes or communities”, resulting in an imminent “threat to the secular fabric, integrity, unity or internal security of India”, a state government is required to notify this as a “communally disturbed area”.
• Article 4 specifies that a state government may request the central government to deploy armed forces in these circumstances.
• Article 5 provides for preventative measures to be taken by a district magistrate prior to any outbreak of communal violence.
• Articles 6-10 provide for preventative measures to be taken by the “competent authority” after an area has been designated as communally disturbed.
• Articles 11-16 proscribe and stipulate punishments for certain acts associated with communal violence, including possessing weapons or threatening witnesses;
• Article 17 stipulates punishments for public servants or competent authorities who act in a mala fide manner or wilfully fail to exercise lawful authority, and thereby fail to prevent communal violence.
• Article 19 provides that punishments stipulated for scheduled offences must be doubled if the offences are committed on a scale and in a manner which constitute communal violence.
• Article 21 provides for the declaration of police stations within the scheduled area, and for the provision of women police officers to investigate scheduled offences committed against women or children.
• Article 22 provides for the review of cases where the investigating officer does not file a charge sheet within three months of a First Information Report (FIR) being registered.
• Article 23 provides for the constitution of “Special Investigation Teams” if the state government believes the investigation of offences was not carried out in a fair and impartial manner.
• Articles 24-37 provide for the establishment and procedure of “Special Courts” for the trial of scheduled offences, and for the appointment of public prosecutors. Article 32 provides for concealing the identities of witnesses testifying before a special court.
• Articles 38-41 provide for the creation and functions of a “State Communal Disturbance Relief and Rehabilitation Council” by the relevant state government, including several ex officio members and several members nominated by the state government, including representatives of all major religious communities. Article 40 stipulates the functions of the council in planning relief efforts, including advising the state government on compensation and the establishment of relief camps, taking a range of remedial measures for the welfare of victims and the reparation of damage, recommending measures for activating a “district communal harmony committee” and reporting to the government on shortcomings in remedial measures. Article 41 stipulates the preparation of a plan “for promotion of communal harmony and prevention of communal violence” to be recommended for adoption by the council to the state government.
• Articles 42-44 provide for the creation and functions of a district equivalent of the state committee, to act as the implementing body for relief and rehabilitation measures.
• Articles 45-48 provide for the creation and functions of a national equivalent of the state committee, with responsibilities including advising relevant state governments on relief, rehabilitation and compensation and making recommendations to the central government.
• Articles 49-52 provide for state governments to establish schemes for the compensation of victims of communal violence.
• Articles 53-54 provide for the payment of compensation for damages by offenders.
• Articles 55-56 set out special powers of the central government to deal with communal violence. These include directing the
relevant state government to take appropriate measures, and declaring a “communally disturbed area” if the state fails to do so when necessary, and deploying armed forces under the authority of the central government.
• Article 58 provides that there should be no discrimination in the provision of relief or compensation “on the ground of sex, caste, community, descent or religion”.
D. OUR CRITIQUE:
The principle of a CV Bill has been welcomed by religious minorities in India, and it has the potential to add positively to India’s excellent body of legislation protecting against acts of discrimination or prejudicial violence. However, there exist legitimate concerns about the effectiveness of the 2005 and the 2009 drafts of the Bill, which have been voiced by civil society and religious minority organisations, by the NCM and by the UN Special Rapporteur on freedom of religion or belief in the report of her 2008 visit to India. The Special Rapporteur recommended specifically that the legislation “should take into account the concerns of religious minorities” (paragraph 67).
The most serious, substantive and prominent concerns about the Bill in its current form include the following:
1. The Bill does not define “communal violence” adequately, and therefore cannot protect against it effectively. Firstly, it construes communal violence as disharmony between two different communities, or mass rioting by one community against another, but it does not recognise the process by which communal tension or hatred is incited, and it does not recognise the phenomenon of state complicity in the incitement or execution of communal violence. Secondly, the premise of the “communally disturbed area” does not do justice to the reality of communal violence as experienced by some religious minorities, especially Christians: certain states see frequent, well-targeted, single incidents of religiously-motivated violence, which are often orchestrated by extremist organisations, and this pattern of violence would not be addressed under the provisions of the Bill. Thirdly, the Bill inadequately covers the possible range of offences which might constitute “communal violence” (including specific forms of sexual violence), and the implications of this context for evidentiary standards in the investigative process.
2. The Bill does not provide for sufficient safeguards against the poor or discriminatory exercise of power by those responsible for protecting the rights of victims, which is a recurrent problem in cases of communal violence. The Special Rapporteur noted that civil society organisations have “voiced their concern that the sweeping powers given by the Bill to state governments could be misused to intimidate members of the minority community” (paragraph 40). Article 17 provides for the prosecution of public servants for the dereliction of duty, but this requires the prior sanction of the state government, and if the state government is complicit in (or not unfavourable towards) the communal violence, it becomes extremely unlikely that discriminatory behaviour or the dereliction of duty by public servants will be prosecuted. Article 22 of the Bill provides for the review of every case in which the investigating officer does not file a charge sheet within three months of an FIR being registered, but this may be circumvented by the common tactic whereby police officers fail to register FIRs according to proper procedure. Article 57, the so-called “good faith” clause, provides immunity for officials; however, the standard of mens rea, or command responsibility, should be enshrined in the Bill, so that superior authorities are held accountable for the unlawful activities of their subordinates. The NCM made a number of relevant additional recommendations to increase accountability: That the reports of any commissions of inquiry should be made public as a matter of course; that the National Human Rights Commission should be mandated to monitor the performance of special courts; and that those found guilty of involvement in communal violence should be debarred permanently from government jobs and from contesting any office.
3. The Bill should provide additional measures to protect witnesses or victims from intimidation. Article 15 criminalises acts which threaten witnesses, and Article 32 provides that the identity of witnesses may be concealed. However, the Bill should draw upon the guidelines of the Supreme Court and recommendations of the Law Commission. It would be strengthened considerably by providing for the police protection of witnesses at risk of threat or intimidation. Incentivising witnesses by providing travel and maintenance expenses (as recommended in Article 21(2)(ii) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act), would further protect against witnesses preferring to stay silent rather than risking intimidation as a consequence of giving evidence. In addition, the rights of persons displaced into camps as a result of communal violence, as outlined in Article 40(b), should be in line with the UN Guiding Principles on Internal Displacement, including the provision of education to displaced children (principle 23) and ensuring that camps continue until the establishment of suitable conditions and the means for the displaced persons to return voluntarily, in safety and with dignity, to their homes, or to resettle voluntarily (principle 28).
4. The Bill should set out a uniform, binding scheme for the provision of compensation to victims of communal violence, to address the inconsistencies shown in previous cases. It should establish the rights of victims or their dependents to financial compensation, and should also provide compensation to rebuild places of worship damaged or destroyed as a result of communal violence. This was among the recommendations of the NCM not included among the amendments in the 2009 version of the Bill.
E. Aftermath of 2008 anti-Christian violence in Orissa
In August to October 2008, Orissa witnessed the worst spate of communal violence ever faced by the Christian community in post-independence India, including brutal murders and rapes, widespread destruction of churches and property, and forcible conversions to Hinduism. The attacks, centred in Kandhamal district, were catalysed by the assassination on 23 August 2008 of Lakshmananda Saraswati, local head of the radical Hindu nationalist group VHP, by assailants believed to have been Maoists. On 24 August, when his remains were paraded around the district, mobs began setting up roadblocks, shouting Hindu nationalist and violent anti-Christian slogans, openly blaming Christians for the murder and calling for revenge as they attacked Christian targets. Although rural poverty and underlying issues of ethnic tensions over entitlements in Kandhamal played a role in the violence, these were not the primary causes but provided a context for the radicalisation of one community and the incitement of violence. The Orissa chief minister publicly acknowledged the role of extremist Hindu nationalist organisations in the violence in the legislative assembly for the first time in November 2009.
The violence which started in August 2008 continued for over eight weeks. At least 50,000 were displaced and 70 were killed; among the victims were Hindus opposing the rioters. Widespread anti-Christian attacks had also taken place in Kandhamal in December 2007, impunity for which laid the foundations for the second more serious wave of violence in 2008. The state government failed to implement detailed recommendations made by India’s NCM in early 2008.
F. SOCIAL CONTEXT:
Rural poverty is endemic in southern Orissa, the area in which the violence was centred, and the rural poverty ratio actually increased in this area during the period 1983-2000. There exist deep underlying issues of entitlement in Kandhamal, which created a context for the instigation of the 2008 violence: one such issue is the classification of Scheduled Caste and Scheduled Tribe communities, which was formalised in 1950. Both communities trace their ancestry to the indigenous inhabitants of the land, and constitute a single ethnic, linguistic and cultural group. However, Kandhamal is designated as a ‘Scheduled Area’ under the provision of the fifth schedule of the constitution, and as such, certain entitlements are reserved for the Scheduled Tribes, including freehold (patta) ownership of land. This is a potential cause of tension between Scheduled Castes and Scheduled Tribes. Moreover, Christians of Scheduled Caste background or ancestry are not eligible to the same entitlements as Scheduled Castes (see section 4.3 above). It is in the interest of those Scheduled Castes who profess Christianity to be reclassified as Scheduled Tribes, as this would reverse their double disenfranchisement, so tensions among Scheduled Castes and Scheduled Tribes can therefore take on a religious colouring in the right circumstances.
Although these factors of ethnicity and entitlement provided a context for the violence, it is important to emphasise that Christians in the area have been drawn from both Scheduled Caste and Scheduled Tribe communities. During the violence, Christians from both communities were attacked.
The extremist Hindu nationalist presence in Kandhamal has played upon existing sensitivities, and co-opted them onto a religious nationalist template. Extremist Hindu nationalists have been operational in the area for around 40 years, and they originate from a non-indigenous, caste Hindu, trader community. Their agenda has been the preservation of Hindu purity, including the prevention of cow slaughter and of religious conversions. Christians, as the largest religious minority in the area, constitute a threatening ‘other’, and provide a ready scapegoat.
The local prominence of Naxalites, or Maoist insurgents, creates an additional layer of complication. Naxalites were almost certainly responsible for the assassination of Swami Lakshmananda Saraswati, which precipitated the mass violence against Christians. There are numerous theories about the Naxalites’ motivation for the murder, one of which is that it was an act of retribution against his activities, and that it was calculated to gain support from disenfranchised people in the area, including Christians. The palpable absence of state machinery from the area, means that the scene has been set for something of a ‘turf war’ between Hindu extremists and Naxalites.
G. ISSUES ARISING FROM CHRISTIAN EXPERIENCE OF KANDHAMAL FAST TRACK COURTS:
We had welcomed the Fast track courts and had high hopes from the two Additional Sessions Judges and the Public prosecutors. We feel betrayed after the lapse of one year. Out of 12 deaths by murder, where judgement is pronounced, there was only one conviction; and accused in 11 deaths are acquitted. Justice, reconciliation and peace remain an unfulfilled objective. There are legitimate fears of impunity on a large scale. Local lawyers suggest that the majority of crimes have not been registered properly by the police, and the majority of cases which reach the courts have resulted in acquittals. There is also widespread evidence of endemic bias and dereliction of duty in the investigation and prosecution of offences. As of now, lawyers in Kandhamal said that of 3,223 complaints submitted to the police; only 831 had been registered as First Information Reports (FIRs). The judicial system in place has been partially successful, but the realities of trying cases in a rural situation amidst widespread fear, combined with poverty and illiteracy, create special needs which the current system is failing to address adequately. Many witnesses or victims are reluctant to testify in court for fear of retribution and lack of confidence in the efficacy of the system, and they have been intimidated and threatened, sometimes by mobs outside courtrooms;
We suggest that the new CV bill take care of the following issues:
1. The Fast Track courts should be set up outside the affected area, preferably in a neighbouring district, and in special cases, in an adjoining state to remove any inference with the course of justice.
2. The Judges appointed should be subjected to review for their performances by superior courts to weed out bigotry and vested interest, if any
3. Special public prosecutors be appointed at government expense out a panel whetted by civil society and survivors-victims
4. Survivor-victims are allowed to arrange their own lawyers to assist the Special PPs.
5. Survivor Victims be allowed to file additional FIRs other than those filed by police suo motu
6. Survivor-Victims’ lawyers be allowed to cross examine defence witness and intervene properly in the judicial court process.
7. Witnesses security and transport be taken care of by government in a foolproof witness protection programme
8. In case of gender violence cases, in camera proceedings be arranged
9. Adequate security be provided in court premises and environments
10. Legal observers / amicus curie be allowed to monitor the course of the trial
11. Special Investigation Teams be set up in case police investigations are found to be inadequate.
John Dayal
Secretary General, All India Christian Council
National Advisory Council meeting 24th June 2010
A. The Christian community, approximately 2.4 per cent of the Indian population, is yet to emerge from the trauma of the violence against it in Kandhamal District of Orissa in 2007 and 2008, which saw mass murder, unprecedented arson, gang rapes and coercive change of religion, among other crimes, and the continuing acts of violence against its members, individual pastors, priests, nuns, institutions, prayer meetings and tract distribution, across the country but more viciously in Karnataka, Orissa, Maharashtra, Andhra Pradesh, Gujarat, Rajasthan, Punjab, Uttarakhand, and occasionally even in the National Capital Region of Delhi. This experience is marked by our understanding of the protection given to the aggressors, issues of command responsibility and impunity, and a callous attitude towards Christianity which is seen even in official circles as an alien religion, and its faithful as so much lesser citizens in the exercise of their Constitutional rights. This experience, as much as our empathy with the experiences of our brothers and sisters in the Dalit community, the Tribal people and members of the Sikh and Muslim faiths, guides our understating of communal violence, and our response to the Communal Violence Control and Prevention Bill through its various incarnations from when it was first moved in Parliament in 2005 till the last Cabinet note of December 2009.
The Catholic Bishops Conference of India gave a detailed note to the Government some time ago. On behalf of the All India Christian Council, its office bearers also conveyed to Government our feelings. Other denominations and groups have also communicated with the government. The Christian community consists of several ecclesiastical groups and denominations, apart from ranging across all linguistic and ethnic groups in the country as is proper for its 2,000 year old history of existence in this great country.
It may be mentioned that we entirely support the major recommendations made by the Muslim community groups and by concerned Civil society. We strongly feel any Law to be relevant must empower the people, specially the survivor-victims. It must in no way further empower the State and the political apparatus to harass religious minorities.
This note therefore covers not just the experience of the Catholic and Episcopal groups in all their diversity as already enunciated by them, but also the experiences and needs if the membership of the All India Christian Council from the Evangelical and Pentecost churches, Independent Church groups and pastors, and above all, the common Christians, specially Tribal and Dalits, who may worship in their house, or go to a Church, and who are untied in their faith in the Salvation assured by Jesus Christ.
B. Needless to say, the proposed CV Bill is ignorant of the diversity of the minority communities, and specifically of the following issues of the Christian Community.
1. Dalit Christians: 60 per cent of all Christians in India trace their origins from the Dalit communities, now called the Scheduled Castes. They live with their fellow Indians in Dalit colonies, semi urban hovels, and village Cheris. They are subject to all atrocities faced by the others. In addition, they are targeted for being Christians, taunted, vilified and subject to sustained hate campaigns. And yet they do not get the hope or the security provided by anti-atrocity laws, or other provisions of the IPC.
2. TRIBALS: A large number of tribals are Christinas in the States of Rajasdthan, Madhya Pradesh, Gujarat, Maharashtra, Andhra, Chhatisgarh, Orissa and Jharkhand, apart from the Tribals of the North-Eastern region. The tribals of the so-called Chhotanagpur region particularly suffer from administrative and communal action, and find little or no recourse in the law. The experience in Kandhamal has brought this to the fore.
3. PLACES OF WORSHIP: While large cathedrals are landmarks in cities, the churches in small towns and villages may be just a kutcha hut or a log cabin. Often, both in Catholic and Protestant traditions, prayers are held within the house together with family members and neighbours. Sometimes, prayers are also held in the open on Sundays and other special days. Increasingly house churches have been targeted and often the police has been a party to the violence.
4. VIOLENCE AGAINST WOMEN: Nuns of the Catholic, Orthodox and of some Episcopal churches, as well as wives of Evangelical and Independent pastors have been particularly targeted in Madhya Pradesh, up to and including gang grape and sexual coercion, with the police entirely inactive, if not complicit. The Nuns can be identified at a distance and are therefore vulnerable all the more.
5. DIFFUSED POPULATION: Apart from certain districts, the Christian population is widely dispersed, and ingle families or a small cluster becomes very vulnerable.
6. PATTERN OF VIOLENCE: Though populations are dispersed in the major states – barring Kerala, Meghalaya, Nagaland and Goa, -- the violence is consistent. And yet authorities, especially the police dismiss it as “sporadic” unrelated and unconnected violence. The overall Pattern of Violence is never taken into account while taking preventive or curative measures.
7. HATE CAMPAIGNS: For the last forty years, there has been a consistent and sustained hate campaign against Christians, often officially supported. Where huge temples exist in government building and even in police stations, it is perhaps difficult to expect a secular approach from subordinate officials and policemen. The hate campaign in media is supported by partisanship in the district administration, further aggravating the communal harmony in those regions. These include refusal to distribute religious tracts and refusal of permission to sell or distribute Bibles, permission for holding Healing Ministries and Prayer meetings on public or private grounds and fields, and mis-reporting in the mass media painting the Christians in a negative light.
The following is an internal commentary by the All India Christian Council and its expert associates, which takes into account the above and assesses the new Bill with its suggestions.
C. OUR OBSERVATIONS ON THE CV BILL
The government has proposed a law to prevent control and deal with the aftermath of communal violence, which would include caste-based or religiously-motivated violence. Communal violence is recognised as a problem which runs deeper than simply undermining law and order. The UN Special Rapporteur on freedom of religion or belief echoed the NCM in emphasising that communal violence is most likely to occur in a situation in which the following elements are present:
• Long-standing antagonism along religious lines;
• A specific occurrence triggering an emotional response among members of religious communities;
• A sense among perpetrators and the religious community to which they belong that communal violence is justifiable;
• A sense among perpetrators that the reaction of police to communal violence would be absent, partisan or ineffective.
The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2009, was first introduced on 26 November 2005, and has undergone a series of revisions, which include the adoption of a number of recommendations issued by the NCM. It is expected to be introduced in the Lok Sabha in 2010, having received Cabinet approval in December 2009.
PROVISIONS:
The purpose of the Bill is outlined in the Statement of Objects and Reasons:
“Communal violence threatens the secular fabric, unity, integrity and internal security of a nation. With a view to empowering the State Governments and the Central Government to take effective measures to provide for the prevention and control of communal violence and to rehabilitate the victims of such violence, for speedy investigation and trial of offences including imposition of enhanced punishments, than those provided in the Indian Penal Code, on persons involved in communal violence and for matters connected therewith, it has been decided to enact a law by Parliament.”
The current version of the Bill sets out a series of measures to these ends, and includes the following provisions:
• Article 3(1) groups a number of offences under the Indian Penal Code (IPC) and other laws in a schedule. If one or more of these offences are committed “in such manner and on such a scale which involves the use of criminal force or violence against any group, caste or community, resulting in grievous hurt, loss of life, or extensive damage or destruction of property” and where “such use of criminal force or violence is committed with a view to create disharmony or feelings of enmity, hatred or ill-will between different groups, castes or communities”, resulting in an imminent “threat to the secular fabric, integrity, unity or internal security of India”, a state government is required to notify this as a “communally disturbed area”.
• Article 4 specifies that a state government may request the central government to deploy armed forces in these circumstances.
• Article 5 provides for preventative measures to be taken by a district magistrate prior to any outbreak of communal violence.
• Articles 6-10 provide for preventative measures to be taken by the “competent authority” after an area has been designated as communally disturbed.
• Articles 11-16 proscribe and stipulate punishments for certain acts associated with communal violence, including possessing weapons or threatening witnesses;
• Article 17 stipulates punishments for public servants or competent authorities who act in a mala fide manner or wilfully fail to exercise lawful authority, and thereby fail to prevent communal violence.
• Article 19 provides that punishments stipulated for scheduled offences must be doubled if the offences are committed on a scale and in a manner which constitute communal violence.
• Article 21 provides for the declaration of police stations within the scheduled area, and for the provision of women police officers to investigate scheduled offences committed against women or children.
• Article 22 provides for the review of cases where the investigating officer does not file a charge sheet within three months of a First Information Report (FIR) being registered.
• Article 23 provides for the constitution of “Special Investigation Teams” if the state government believes the investigation of offences was not carried out in a fair and impartial manner.
• Articles 24-37 provide for the establishment and procedure of “Special Courts” for the trial of scheduled offences, and for the appointment of public prosecutors. Article 32 provides for concealing the identities of witnesses testifying before a special court.
• Articles 38-41 provide for the creation and functions of a “State Communal Disturbance Relief and Rehabilitation Council” by the relevant state government, including several ex officio members and several members nominated by the state government, including representatives of all major religious communities. Article 40 stipulates the functions of the council in planning relief efforts, including advising the state government on compensation and the establishment of relief camps, taking a range of remedial measures for the welfare of victims and the reparation of damage, recommending measures for activating a “district communal harmony committee” and reporting to the government on shortcomings in remedial measures. Article 41 stipulates the preparation of a plan “for promotion of communal harmony and prevention of communal violence” to be recommended for adoption by the council to the state government.
• Articles 42-44 provide for the creation and functions of a district equivalent of the state committee, to act as the implementing body for relief and rehabilitation measures.
• Articles 45-48 provide for the creation and functions of a national equivalent of the state committee, with responsibilities including advising relevant state governments on relief, rehabilitation and compensation and making recommendations to the central government.
• Articles 49-52 provide for state governments to establish schemes for the compensation of victims of communal violence.
• Articles 53-54 provide for the payment of compensation for damages by offenders.
• Articles 55-56 set out special powers of the central government to deal with communal violence. These include directing the
relevant state government to take appropriate measures, and declaring a “communally disturbed area” if the state fails to do so when necessary, and deploying armed forces under the authority of the central government.
• Article 58 provides that there should be no discrimination in the provision of relief or compensation “on the ground of sex, caste, community, descent or religion”.
D. OUR CRITIQUE:
The principle of a CV Bill has been welcomed by religious minorities in India, and it has the potential to add positively to India’s excellent body of legislation protecting against acts of discrimination or prejudicial violence. However, there exist legitimate concerns about the effectiveness of the 2005 and the 2009 drafts of the Bill, which have been voiced by civil society and religious minority organisations, by the NCM and by the UN Special Rapporteur on freedom of religion or belief in the report of her 2008 visit to India. The Special Rapporteur recommended specifically that the legislation “should take into account the concerns of religious minorities” (paragraph 67).
The most serious, substantive and prominent concerns about the Bill in its current form include the following:
1. The Bill does not define “communal violence” adequately, and therefore cannot protect against it effectively. Firstly, it construes communal violence as disharmony between two different communities, or mass rioting by one community against another, but it does not recognise the process by which communal tension or hatred is incited, and it does not recognise the phenomenon of state complicity in the incitement or execution of communal violence. Secondly, the premise of the “communally disturbed area” does not do justice to the reality of communal violence as experienced by some religious minorities, especially Christians: certain states see frequent, well-targeted, single incidents of religiously-motivated violence, which are often orchestrated by extremist organisations, and this pattern of violence would not be addressed under the provisions of the Bill. Thirdly, the Bill inadequately covers the possible range of offences which might constitute “communal violence” (including specific forms of sexual violence), and the implications of this context for evidentiary standards in the investigative process.
2. The Bill does not provide for sufficient safeguards against the poor or discriminatory exercise of power by those responsible for protecting the rights of victims, which is a recurrent problem in cases of communal violence. The Special Rapporteur noted that civil society organisations have “voiced their concern that the sweeping powers given by the Bill to state governments could be misused to intimidate members of the minority community” (paragraph 40). Article 17 provides for the prosecution of public servants for the dereliction of duty, but this requires the prior sanction of the state government, and if the state government is complicit in (or not unfavourable towards) the communal violence, it becomes extremely unlikely that discriminatory behaviour or the dereliction of duty by public servants will be prosecuted. Article 22 of the Bill provides for the review of every case in which the investigating officer does not file a charge sheet within three months of an FIR being registered, but this may be circumvented by the common tactic whereby police officers fail to register FIRs according to proper procedure. Article 57, the so-called “good faith” clause, provides immunity for officials; however, the standard of mens rea, or command responsibility, should be enshrined in the Bill, so that superior authorities are held accountable for the unlawful activities of their subordinates. The NCM made a number of relevant additional recommendations to increase accountability: That the reports of any commissions of inquiry should be made public as a matter of course; that the National Human Rights Commission should be mandated to monitor the performance of special courts; and that those found guilty of involvement in communal violence should be debarred permanently from government jobs and from contesting any office.
3. The Bill should provide additional measures to protect witnesses or victims from intimidation. Article 15 criminalises acts which threaten witnesses, and Article 32 provides that the identity of witnesses may be concealed. However, the Bill should draw upon the guidelines of the Supreme Court and recommendations of the Law Commission. It would be strengthened considerably by providing for the police protection of witnesses at risk of threat or intimidation. Incentivising witnesses by providing travel and maintenance expenses (as recommended in Article 21(2)(ii) of The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act), would further protect against witnesses preferring to stay silent rather than risking intimidation as a consequence of giving evidence. In addition, the rights of persons displaced into camps as a result of communal violence, as outlined in Article 40(b), should be in line with the UN Guiding Principles on Internal Displacement, including the provision of education to displaced children (principle 23) and ensuring that camps continue until the establishment of suitable conditions and the means for the displaced persons to return voluntarily, in safety and with dignity, to their homes, or to resettle voluntarily (principle 28).
4. The Bill should set out a uniform, binding scheme for the provision of compensation to victims of communal violence, to address the inconsistencies shown in previous cases. It should establish the rights of victims or their dependents to financial compensation, and should also provide compensation to rebuild places of worship damaged or destroyed as a result of communal violence. This was among the recommendations of the NCM not included among the amendments in the 2009 version of the Bill.
E. Aftermath of 2008 anti-Christian violence in Orissa
In August to October 2008, Orissa witnessed the worst spate of communal violence ever faced by the Christian community in post-independence India, including brutal murders and rapes, widespread destruction of churches and property, and forcible conversions to Hinduism. The attacks, centred in Kandhamal district, were catalysed by the assassination on 23 August 2008 of Lakshmananda Saraswati, local head of the radical Hindu nationalist group VHP, by assailants believed to have been Maoists. On 24 August, when his remains were paraded around the district, mobs began setting up roadblocks, shouting Hindu nationalist and violent anti-Christian slogans, openly blaming Christians for the murder and calling for revenge as they attacked Christian targets. Although rural poverty and underlying issues of ethnic tensions over entitlements in Kandhamal played a role in the violence, these were not the primary causes but provided a context for the radicalisation of one community and the incitement of violence. The Orissa chief minister publicly acknowledged the role of extremist Hindu nationalist organisations in the violence in the legislative assembly for the first time in November 2009.
The violence which started in August 2008 continued for over eight weeks. At least 50,000 were displaced and 70 were killed; among the victims were Hindus opposing the rioters. Widespread anti-Christian attacks had also taken place in Kandhamal in December 2007, impunity for which laid the foundations for the second more serious wave of violence in 2008. The state government failed to implement detailed recommendations made by India’s NCM in early 2008.
F. SOCIAL CONTEXT:
Rural poverty is endemic in southern Orissa, the area in which the violence was centred, and the rural poverty ratio actually increased in this area during the period 1983-2000. There exist deep underlying issues of entitlement in Kandhamal, which created a context for the instigation of the 2008 violence: one such issue is the classification of Scheduled Caste and Scheduled Tribe communities, which was formalised in 1950. Both communities trace their ancestry to the indigenous inhabitants of the land, and constitute a single ethnic, linguistic and cultural group. However, Kandhamal is designated as a ‘Scheduled Area’ under the provision of the fifth schedule of the constitution, and as such, certain entitlements are reserved for the Scheduled Tribes, including freehold (patta) ownership of land. This is a potential cause of tension between Scheduled Castes and Scheduled Tribes. Moreover, Christians of Scheduled Caste background or ancestry are not eligible to the same entitlements as Scheduled Castes (see section 4.3 above). It is in the interest of those Scheduled Castes who profess Christianity to be reclassified as Scheduled Tribes, as this would reverse their double disenfranchisement, so tensions among Scheduled Castes and Scheduled Tribes can therefore take on a religious colouring in the right circumstances.
Although these factors of ethnicity and entitlement provided a context for the violence, it is important to emphasise that Christians in the area have been drawn from both Scheduled Caste and Scheduled Tribe communities. During the violence, Christians from both communities were attacked.
The extremist Hindu nationalist presence in Kandhamal has played upon existing sensitivities, and co-opted them onto a religious nationalist template. Extremist Hindu nationalists have been operational in the area for around 40 years, and they originate from a non-indigenous, caste Hindu, trader community. Their agenda has been the preservation of Hindu purity, including the prevention of cow slaughter and of religious conversions. Christians, as the largest religious minority in the area, constitute a threatening ‘other’, and provide a ready scapegoat.
The local prominence of Naxalites, or Maoist insurgents, creates an additional layer of complication. Naxalites were almost certainly responsible for the assassination of Swami Lakshmananda Saraswati, which precipitated the mass violence against Christians. There are numerous theories about the Naxalites’ motivation for the murder, one of which is that it was an act of retribution against his activities, and that it was calculated to gain support from disenfranchised people in the area, including Christians. The palpable absence of state machinery from the area, means that the scene has been set for something of a ‘turf war’ between Hindu extremists and Naxalites.
G. ISSUES ARISING FROM CHRISTIAN EXPERIENCE OF KANDHAMAL FAST TRACK COURTS:
We had welcomed the Fast track courts and had high hopes from the two Additional Sessions Judges and the Public prosecutors. We feel betrayed after the lapse of one year. Out of 12 deaths by murder, where judgement is pronounced, there was only one conviction; and accused in 11 deaths are acquitted. Justice, reconciliation and peace remain an unfulfilled objective. There are legitimate fears of impunity on a large scale. Local lawyers suggest that the majority of crimes have not been registered properly by the police, and the majority of cases which reach the courts have resulted in acquittals. There is also widespread evidence of endemic bias and dereliction of duty in the investigation and prosecution of offences. As of now, lawyers in Kandhamal said that of 3,223 complaints submitted to the police; only 831 had been registered as First Information Reports (FIRs). The judicial system in place has been partially successful, but the realities of trying cases in a rural situation amidst widespread fear, combined with poverty and illiteracy, create special needs which the current system is failing to address adequately. Many witnesses or victims are reluctant to testify in court for fear of retribution and lack of confidence in the efficacy of the system, and they have been intimidated and threatened, sometimes by mobs outside courtrooms;
We suggest that the new CV bill take care of the following issues:
1. The Fast Track courts should be set up outside the affected area, preferably in a neighbouring district, and in special cases, in an adjoining state to remove any inference with the course of justice.
2. The Judges appointed should be subjected to review for their performances by superior courts to weed out bigotry and vested interest, if any
3. Special public prosecutors be appointed at government expense out a panel whetted by civil society and survivors-victims
4. Survivor-victims are allowed to arrange their own lawyers to assist the Special PPs.
5. Survivor Victims be allowed to file additional FIRs other than those filed by police suo motu
6. Survivor-Victims’ lawyers be allowed to cross examine defence witness and intervene properly in the judicial court process.
7. Witnesses security and transport be taken care of by government in a foolproof witness protection programme
8. In case of gender violence cases, in camera proceedings be arranged
9. Adequate security be provided in court premises and environments
10. Legal observers / amicus curie be allowed to monitor the course of the trial
11. Special Investigation Teams be set up in case police investigations are found to be inadequate.
John Dayal
Secretary General, All India Christian Council
Wednesday, March 17, 2010
Christian Council suggests major overhaul of bill against communal violence
The following is the text of the letter
Dr. Manmohan Singh
The Prime Minister of India
Your Excellency Dr. Manmohan Singh:
Greetings from the All India Christian Council.
We applaud your government for its desire to protect the idea of India – a secular government with equality for all. We welcome the intention to pass a Bill on communal violence which will add to India’s strong body of laws.
However, the Christian community has deep concerns about the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2009, from the drafts we’ve read. We humbly request a serious re-write of this legislation. Our main concerns:
1. The Bill doesn’t adequately address the question of hate campaigns and the “communalisation process” (i.e. hate speech published in local language media) that precede communal violence. This well-studied phenomenon of activities, some already illegal but not often prosecuted, is a root issue.
2. The Bill doesn’t take into account the demography and pattern of living of various communities. Specifically, anti-Christian violence is normally dismissed by public officials as “sporadic” (although there may be a serious incident daily in some areas). Because other minorities live in concentrated or contiguous areas, those “communally disturbed areas” are more easily identified. In Orissa, Kandhamal would likely not fit the Bill’s definition but we know what happened there in 2007-2008.
3. The Bill doesn’t give States guidelines on reparations and compensation. We need a uniform national policy as well standards on the assessment of damages after riots in order to prevent ghettoisation.
4. The Bill doesn’t fully address police and administrative impunity properly or adequately. The “good faith” clause, which exempts police and public servants from prosecution unless there is permission from the executive branch, is a major concern.
We share concerns, especially voiced by Muslim groups, that the Bill doesn’t fully acknowledge the individual victim, treats communal violence as spontaneous rioters versus rioters (instead of acknowledging the possibility of premeditated or state-sponsored violence), and gives much power to state
governments which, historically, have occasionally acted in a biased manner. We need to see stronger checks and balances.
Also, we acknowledge that some shortcomings are systemic legal issues better addressed by your government in separate legislation or orders. The most important, in our humble opinion, include:
• Establishing witness protection programs and guidelines
• Strengthening of National Commission for Minorities and state minority commissions
• Action against police who refuse to register FIRs
• Permanently debarring government officials guilty of involvement in communal violence – or any crime – from government jobs and from contesting any office
• The rights of “internally displaced persons” in relief camps should mirror UN Guiding Principles on Internal Displacement e.g. including immediate education for displaced children
Many provisions of the current version of the Bill are acceptable. But we request you to consider the input above so that a weak Bill is not passed which requires the almost impossible process of securing future amendments.
Our community has learned from recent waves of communal attacks in Orissa and Karnataka as well as ongoing onslaught on house churches, individual pastors/priests and nuns, and the terrible hate campaigns in newspapers which are officially sponsored by several state governments. Our suggestions are rooted in the reality of rural India where the vast majority of our members – thousands of Protestant, Catholic, and independent Christian organisations – live and work to improve our beloved society.
Yours Sincerely and Most Respectfully,
Dr. Joseph D’souza John Dayal
President, aicc Secretary General, aicc
Hyderabad New Delhi
dsouza@aiccindia.org john.dayal@gmail.com
C.C.:
Shri M. Veerappa Moily, Union Cabinet Minister for Law & Justice
Shri P. Chidambaram, Union Minister of Home Affairs
Shri Salman Khurshid, Union Minister of State (Independent Charge) for Minority Affairs
Smt. Sonia Gandhi, Chairperson, Indian National Congress Party
-------------------
Hindustan Times report today:
Amended law to let Centre take charge in riot-hit states
Aloke Tikku, Hindustan Time
r
New Delhi, March 17, 2010
The government’s final version of the communal violence law empowers the Centre to take charge of an area where riots have broken out once it sends in central forces, if it finds the state government concerned reluctant to act against the rioters.
The new law still does not allow the Centre to send armed forces on its own to a riot-hit spot. But once a state has asked for central forces to quell violence, the Centre will have the right — under certain circumstances — of setting up a unified command, comprising these forces and the local police.
The amendment was cleared by the Cabinet last December and is expected to come for parliamentary approval next month.
The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, however, says the Centre can declare an area “communally disturbed” and take direct charge only if the state concerned refuses to act against the violence being perpetrated to such an extent that the secular fabric of the country, or internal security, is endangered.
To guard against political misuse, the law stipulates that the Centre must
draw the attention of the state government to the deteriorating state of affairs, and set a deadline for it to take necessary steps to suppress the violence.
Until now, central forces deployed in a state worked under the control of the local district administration. But henceforth, in special circumstances, it will work under the unified command, which will report to the Centre.
The amendment was conceived of in the backdrop of the 2002 Gujarat riots, when it was widely believed the state government had done little to discourage the rioters.
Even so, it is bound to anger state governments who will see it as an encroachment on their powers. Eight of 12 states that responded to a survey by a parliamentary panel had even opposed an earlier, milder version.
Saturday, February 27, 2010
To the Nuns and Priests of Orissa
The priests of Kandhamal
By John Dayal
Kandhamal is deadly beautiful. A tropical forest, but with close mountains and deep valleys, and a climate that can get alpine in winter, without the snow. The topography of this plateau in the middle of the Indian province of Orissa may have saved the lives of tens of thousands of Christians who fled to the forests as mobs with murder, arson and rape on their minds, attacked 300 villages on 25 August 2008. At the peak of the violence, 54,000 men, women and children were hiding in these forests of tall Sal trees, where bear and big cats still abound, and wild elephants can be heard in the dark of the night. Among those 54,000 were the families of perhaps three dozen Catholic priests and twice as many Nuns, and two dozen priests themselves, hiding and waiting for the moment the police would come to restore order. For some of them, it came too late. A hundred people may have died there, among them three protestant Pastors and a Catholic priest, Fr Bernard Digal, who was grievously wounded and succumbed some time later. A nun, Sister M, as I will call her, was among at least three women raped.
The brutal tragedy however also shed light on how close are the bond that the local priests have with their flocks. Unlike in many other parts of India where he parish priest may have come from as far as three thousand kilometres, be of a different ethnicity and with a different mother tongue, priests and nuns in Kandhamal are of the soil. The villages that were torched were where they were born, the churches destroyed were the priest too had been baptised, and where they celebrated their First Mass.
There is therefore something remarkable about the Priests and Nuns of Kandhamal, be they Dalits or the Tribals. Some of them, such as Fathers Vijay Naik and Vijay Pradhan, the first a Dalit and the second a Tribal, have doctorates from Roman universities. Many others chose to study social work, and were active at the grassroots. They helped galvanise a people who for centuries had suffered from a situation close to serfdom in which food was rare and education unknown, where women were vulnerable and children could bare hope to grow to adulthood. No wonder the work of the priest sand nuns had angered vested interests, the local equivalent of big business, and the power brokers. When the violence broke out, the families of the priests were particular targets. The brother of Fr Mrityunjay, the secretary of the Archbishop of the region, was forcibly converted into Hinduism by a murderous gang shaving off his head and forcing cow dung and urine down his throat. The youth suffered in silence, but was back in the church in the refugee tent as soon as it was humanly possible.
As elsewhere in the world, the clergy and women religious in India too face occasional charges of financial wrongdoings, but those in Kandhamal can easily be said to be crystal clean. The family of father Bernard Digal, who was Treasurer of the Archdiocese and became its first martyr in the violence, lived in a mud and thatchl hut when I visited them some years ago. After the violence, they were among thousands living in a government refigure camp. They still have to return to their village.
I salute the priests and Nuns of Kandhamal.
Saturday, February 6, 2010
Call for Reconciliation, Peace and Justice in Kandhamal
PRESS STATEMENT
Saturday, 6th February 2009
Archbishop Cheenath’s call for full reconciliation in Kandhamal through justice; deep concern at slow pace of reconstruction and rehabilitation; Cynical authorities diverting issues from restoring human dignity of the 2008 anti- Christian violence survivors
[The following is the statement of His Grace Raphael Cheenath, SVD Archbishop of Cuttack-Bhubaneswar at a Press Conference today on the current situation in Kandhamal, Orissa and issues of rehabilitation and reconciliation and justice in the District. The press conference was also addressed by Dr John Dayal, Member, National Integration Council, and Secretary General, All India Christian Council.]
Archbishop Raphael Cheenath, the senior Church leader of Orissa, said today that despite the claims of the state and district administrations, the human dignity, rights and life of the Christian victims of the 2008 violence remained far from normal. Fifteen months after they were uprooted, thousand still live in makeshift shanties along the road, and in the forests, with no seeming hope of rehabilitation, and harassed daily by Block and panchayat officials and the police. Hundreds of babies have been born in these conditions. “We want full reconciliation and lasting peace in Kandhamal which will be possible when justice is transparent, lives are rebuilt and people return to their own villages without fear. We do not want any ghettoisation in the district.”
He faulted the attitude of the authorities on three major issues – the criminal justice dispensation system in the Fast Track courts which was being subverted by terrorising of witnesses and shoddy investigations, the utter inadequacy of government assistance in rebuilding houses, and the absence of genuine employment, livelihood and education schemes. It may be recalled the present District collector was very much on duty and present at the spot with the Deputy Inspector General and other top police officers when the violence started, and the mob attacked the Phulbani Church in the District headquarters.
The Church, which had received no assistance at all in rebuilding its own places of worship social development institutions, had extended great help, but the task was far too big for non government organisations. “It needs political will to implement special schemes by the government. We are willing to help to the best of our ability and resources,” he assured the government. But, he said, he would have no hesitation in again approaching the Orissa High Court at Cuttack and the Supreme Court of India in New Delhi if the misery of the people was not ameliorated. They cannot be allowed to live through another summer and other monsoons without a shelter over their heads. The victims need sympathy but administration is raising all sorts of rules and regulations in the matter of relief and rehabilitation. Various human rights groups have warned of trafficking in young girls of the district.
Initially,10 to 11,000 families were displaced from their homes by the violence. An estimated 1,200 families have migrated from the immediate area, many of them to Bhubaneswar or to other states in India . Over 6,000 refugees are living in the Saliasahi slums of Bhubaneswar, the State capital, and tens of thousands are working as labour in Andhra and other states, some as far away as Kerala and Punjab. 200-300 families continue to reside in private displacement camps in the district. At least 4,400 families continue to live in tents, makeshift shelters or the remnants of their damaged houses. The remainder of families have returned either to their villages or near their villages. The number who have received financial assistance from the government or the church or NGOs is not known for certain, but is believed to be 1,100.
The Dalit Christians remain the worst sufferers and have been denied employment, land and other entitlements. The state government’s schemes announced by the Chief minister must embrace all communities. This is so even in the employment of Special Police Offices, SPOs,” he said. The District Collector has no hope to offer to the Dalits.
In the violence between 25the August and December 2008, as many as 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 54,000 people becoming refugees in their own motherland. The administration arbitrarily fixed Rs 50,000 for fully destroyed houses, even though the reconstruction cost of even a simple house was from Rs 85,000 upwards. Similarly the administration arbitrarily designated fully destroyed houses as partial-damaged category with much lower relief. Most houses are indeed fully damaged and we want the administration to give full compensation.
The Church is helping towards minimum support of as many as 2,500 houses, but even after this, 3,000 families remain homeless. So far the Catholic Church has helped 181 fully damaged houses and 546 partly damaged houses. Building materials have been distributed over to 752 families and the work in progress in Raikia and Nuagam Blocks only. Even though we do not have exact statistics regarding the victims who have returned to their villages and settled down, a rough guess would be that, about one third of 54,000 Christians displaced due to violence, have returned to their villages, despite the claim of the administration. Some of them just do not want to go aback for fear as they are being threatened to become Hindus if they want to come back home. Many affected households are yet to be enlisted in the government list for compensation depriving them all the support and rehabilitation. There is gross malpractice due to corrupt and indifference attitude of the local officials.
Justice is critical to long term peace. The two Fast Track Courts, and the Court premises, have seen a travesty of justice. Witnesses are being coerced, threatened, cajoled and sought to be bribed by murderers and arsonists facing trial. The court premises are full of top activists of fundamentalist organizations. The witnesses are also threatened in their homes with elimination, and even their distant relatives are being coerced specially in the murder and arson cases against Legislative Assembly Member Manoj Pradhan. Though some witnesses have deposed strongly on his involvement in the crimes, he has been let off in case after case.
We are demanding a Special Investigation team to investigate every case of murder and arson. Similarly, there is also need for transferring the cases against politically powerful persons such as Manoj Pradhan, MLA, to outside Kandhamal, preferably to Cuttack or Bhubaneswar.
We are deeply concerned the high rate of acquittals in the fast Track courts. The victims filed 3,232 Complaints in the police stations of Kandhamal. Of these, the police registered cases in only 832 instances. As many as 341 cases were in G Udaigiri alone, 98 in Tikabali and 90 in Raikia, followed by the others. Even out of this small number, only 123 cases were transferred to the two Fast Track Courts. So far 71 cases have been tried in the two courts, and 63 cases have been disposed off. Of these, conviction is only in 25 cases, and even that is partial as most of the accused have not been arrested or brought to trial. Only 89 persons have been convicted so far while as many as 251 have been acquitted and set free for want to witnesses against them. Among them is Manoj Pradhan. It is strange that in the case of ten deaths by murder, nine cases have been closed without anybody being convicted while there has been partial conviction in the case of one death. Who will bring justice in the case of the nine murder cases?
We demand that independent lawyers be associated with the Special Public Prosecutors who are overworked. The witnesses and the victims need full legal help so that the cases can be pursued with vigour and justice is available.
Compensation, Employment and Land issues: The compensation package declared by the State Government is very meagre, which is not sufficient for the house construction or any other purpose. This is a national calamity and demands a special package for the affected people which should include land, income generation, education and health care, etc., so that the poor innocent families who have lost everything can be rehabilitated properly. The government and the administration are giving all sorts of excuses to displace people from land they have lived on and farmed for generations. There should be proper settlement of land in the district, including lands to landless.
The Government should publish a “white paper” on the land issue.
Above all, the Government must maintain a position of neutrality and transparency. The block officers have been playing with the facts, indulging in corrupt practices and cosmetic exercises whenever political and other dignitaries come to visit or inspect. Innocent people are coerced into giving a false picture. The Chief minster must investigate the role and functioning of the entire District administration, including the Collector, the block and tehsil officers and others connected with the operations. It is strange that officers in whose presence the violence took place and thousands of houses were burnt are still in office and are declaring that there is peace in the district.
For further information please contact Fr. Mrutyunjay – 09437644796, John Dayal 09811021072
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