Why is church supporting the UID card?

JOHN DAYAL I live in what is called a Cooperative Housing Society flat in East Delhi, among the fortunate few among the middle classes who could get to own a flat in Delhi thanks to the cooperative movement and a cooperative Delhi government in the late Seventies. Unlike DDA flats, life in such a society, even if one lives on the sixth floor, has a sense of community about it. Residents of all 57 flats in our case, former journalists and media employees from all parts of India, get quite animated about social issues, national crises and above all, on municipal issues much as members of any Residents Welfare Association would do. This week, our RWA and its members had their moment of excitement when a private sector group came to make the government Aadhar cards, or Unique Identification cards. Although I have been writing and campaigning against this UIDAI [Unique Identification Authority of India] scheme for a long time – for reasons which I will explain in a short while – my wife, like me a senior citizen, thought it would be good for us if we too got ourselves a card, in addition to the driving license, the ration card, the Income tax number, the several passports, and multiple Identity papers that we carry. As a loyal wife, she eventually did not go to get herself photographed, her iris measured, her thumb prints taken and her bio data punched in by a man who cannot spell Mary [not my wife’s name]. But she does harbour a feeling that we are going to miss this card at some future date. Patently, I am a bad campaigner where my family is concerned. I was, however, really surprised when a neighbour, a senior journalist, a former member of the Communist Party and a scholar of some reckoning met me in the lift. He was going to get his UID card made. I knew him to be a campaigner against such government floppies. “I am opposed to the UID”, he told me. ”I am getting this card made just in case the government denies us some privileges if we do not have such a card.” An ID card, meant to be a beneficial thing, had quite clearly evolved a tinge of the coercive. My neighbour is an individual and took his own decision, without the prompting of the Communist party or anyone else. But why is the church canvassing for the UIDAI? In my travels across the length and breadth of this country, I have fund Bishops and Parish priests, Pastors and their administrators pumping for the card, without really understanding or being able to explain why they think the cards are important. The only conclusion one reaches is that the Christian leadership has an innate trust in the government of the day, and honestly believes that the government cannot do any wrong. It sides with a few popular movements – such as the middle class angst of Hazare and his team, but of course not the peasantry anger which results in Maoists or the Dalit Panthers of yore. Actually, the UID card is a costly joke, possibly even dangerous in the long run. The United Kingdom has it for a brief period, and expeditiously gave it up when the populace objected to breach of privacy and security of data issues. Inaugurating Aadhar on 29, September 2009 in Tembhli Village in Maharashtra, Prime Minister Manmohan Singh called the project the ‘face of modern India’. To Nandan Nilekani, the billionaire co-founder of IT giant Infosys and Chairman of UIDAI with the rank of a Union minister, the project is the foundation for future development of the nation. Almost immediately, critics called it ominous. “The fact that, a project of this magnitude was implemented without even the basic formalities needed and an enabling law is a matter of utmost concern. How can a government approve a sum over Rs. 3000 crores for a dubious project, without a benefit analysis study and the approval of the parliament? The only possible reason behind the undue haste in implementing the project is the business interests involved,” a critic said. “The social, economic, political and ethical impacts of the project are of frightening scale. And well mark the beginning of the end of democracy in India.” Time therefore to bring the Church face to face with the UID reality, because the issues are important, valid and will impact on the church and the community in the long run. Experts, and the Standing Committee of Parliament on Finance, which examined this scheme have said so. Citing “contradictions and ambiguities within the government” over the implementation of the UID, the Parliamentary Standing Committee on Finance rejected the National Identification Authority Bill and asked the government to bring a fresh legislation. The panel also suggested to the government to “reconsider and review the UID scheme”. The committee headed by senior BJP leader Yashwant Sinha said the scheme “is riddled with serious lacunae.” It said the scheme had been “conceptualised with no clarity of purpose” and was “being implemented in a directionless way with a lot of confusion”. The committee pointed out that initially meant for BPL families, the scheme had been extended to all residents of India and certain other persons. The Empowered Group of Ministers set up for collating the UID and National Population Register (NPR) had “failed to take concrete decision on important issues”. These include “(a) identifying the focussed purpose of the resident identity database; (b) methodology of data collection; (c) removing the overlapping between the UID scheme and NPR; (d) conferring of statutory authority to the UIDAI since its inception; (e) structure and functioning of the UIDAI; (f) entrusting data collection and issue of unique identity number and national identification number to a single authority instead of the present UIDAI and its reconciliation with National Registration Authority”, the committee said. It noted the possibility of misuse of information in the huge data base. “It would be difficult to deal with the issues of access and misuse of personal information, surveillance, profiling, linking and matching of data bases and security confidentiality of information” in the absence of a data protection legislation. Sure enough, the scheme soon got its first data misuse. The Press trust of India reported on 3 October 2011 a complaint regarding misuse of address proof, admitted by the authorities in reply to an RTI query. However, it did not give details of the complaint, received this year, and the complainant. Writing in the Hindu on December 16, 2011 analyst R Ramkumar said the government should pay heed to the parliamentary standing committee's views and suspend the Aadhar project. It would be a travesty to push the project in through the backdoor. He explained that the parliamentary committee does not just reject the Bill; it also raises serious questions about the idea of Aadhar itself. In fact, the report so comprehensively questions the idea that any effort to introduce fresh legislation would require, as a prerequisite, a re-look at the foundational principles on which the project was conceived. Ramkumar listed five important arguments in the parliamentary report. First, it contains scathing criticism of the government for beginning Aadhar enrolment without Parliament's approval. Secondly, it questioned about the enrolment process followed for Aadhar numbers which, it said was “riddled with serious lacunae, with no clarity of purpose.” The report concludes that the enrolment process “compromises the security and confidentiality of information of Aadhar number holders,” and has “far reaching consequences for national security.” The reason: “the possibility of possession of Aadhar numbers by illegal residents through false affidavits/introducer system. “Thirdly, the government had not enacted a “national data protection law,” which is a “pre-requisite for any law that deals with large-scale collection of information from individuals and its linkages across separate databases. Fourthly, the report strongly disapproves of “the hasty manner” in which the project was cleared. isting ID documents are also not available.” And last, the report tears apart the faith placed on biometrics to prove the unique identity of individuals. The report concludes that, given the limitations of biometrics, “it is unlikely that the proposed objectives of the UID scheme could be achieved.” Law researcher and civil society activist Dr. Usha Ramanathan, the nation’s top expert on the subject, says the UID project is an experiment – not a solution. She said while recognizing that biometrics is "sensitive information", the agency has washed its hands of responsibility for the safety, security and confidentiality of the data during enrolment and passed the buck to the registrars. In Mumbai women were unable to enroll because of blisters and calluses and the effect of abrasive detergents on their hands. In Bangalore and Delhi that senior citizens were unable to get enrolled because their fingerprints did not work. The credibility roadblocks that these reports were setting up were sought to be removed by the UIDAI by threatening enrollers with "action" if they turned any person away. Questions have arisen about persons with disabilities, some of whom may not have fingerprints or irises that meet the biometric standards required by the UIDAI for enrolment. In Pune, a man received his UID with his wife's photograph appended to it. The US magazine The New Yorker describes how this embarrassment is sought to be averted: a computer operator sits in an office running through enrolment forms to make a cursory judgment whether the image matches the demographic information. "That day," the journalist reports, "he had already inspected more than 5,000 photographs, and he had clicked "incorrect" 300 times: men listed as women, children as adults, photographs with two heads in them." It seems there are infinite variations to the theme of error. In May, "unidentified persons" walked away with two laptops and a pen drive which held data pertaining to 140 persons from an enrolment centre in a school in Hadaspur, Maharashtra. The back-up information was also on the same laptop. The data included "sensitive details" relating to passports, voter ID cards, bank accounts, photographs and a range of other information. In July, five persons were arrested in Bangalore for issuing fake UID. The UIDAI heard about the racket when they were approached with complaints that "Global ID Solutions" was selling franchises to customers to take up Aadhar enrolment for a non-refundable fee of Rs. 2.5 lakh an enrolment kit. This episode exposed the perils of indiscriminate outsourcing. In October, a software error resulted in hundreds of residents of Colaba in south Mumbai having their addresses recorded as Kolaba, Raigarh district. The enrollers claimed that this was a software glitch and that enrolees would just have to return another day to re-enrol. Only, the guidelines of the UIDAI do not have a provision for re-enrolling any resident. Dr. Ramanathan says “This is no innocent data collection in a vacuum. Set amidst NATGRID and UID, it conjures Orwellian images of Big Brother. The relationship between the state and the people is set to change dramatically, and irretrievably, and it appears to be happening without even a discussion about what it means. The National Population Register has been launched countrywide, after an initial foray in the coastal belt. All persons in India aged over 15 years are to be loaded on to a database. This will hold not just their names and the names of their parents, sex, date of birth, place of birth, present and permanent address, marital status – and “if ever married, name of spouse” – but also their biometric identification, which would include a photograph and all eight fingers and two thumbs imprinted on it. This is being spoken of with awe, as the ‘biggest-ever' census exercise in history. 1.2 billion people are to be brought on to this database before the exercise is done. This could well be a marvel without parallel. But what will this exercise really do? Dr. Ramanathan cautions it is wise not to forget that this is not data collection in a vacuum. It is set amidst NATGRID (National Intelligence Grid), the UID and a still-hazy-but-waiting-in-the-wings DNA Bank. Each of these has been given spurs by the Union Home Ministry, with security as the logic for surveillance and tracking by the state and its agencies. The benign promise of targeted welfare services is held out to legitimise this exercise. She says if the Home Ministry were to have its way, NATGRID will enable 11 security and intelligence agencies, including RAW, the IB, the Enforcement Directorate, the National Investigation Agency, the CBI, the Directorate of Revenue Intelligence and the Narcotics Control Bureau and other secret services, to access consolidated data from 21 categories of databases. These would include railway and air travel, income tax, phone calls, bank account details, credit card transactions, visa and immigration records, property records, and the driving licences of citizens. It is the admitted position that the information gathered in the house-to-house survey, and the biometrics collected during the exercise, will feed into the UID database. The UID document says the information that data base will hold will only serve to identify if the person is who the person says he, or she, is. It will not hold any personal details about anybody. What the document does not say is that it will provide the bridge between the ‘silos' of data that are already in existence, and which the NPR will also bring into being. So with the UID as the key the profile of any person resident in India can be built up. Why is a problem? Dr. Ramanathan answers “Because privacy will be breached. Because it gives room for abuse of the power that the holder of this information acquires. Because the information never goes away, even when life moves on. So if a person is dyslexic some time in life, is a troubled adolescent, has taken psychiatric help at some stage in life, was married but is now divorced and wants to leave that behind in the past, was insolvent till luck and hard work produced different results, donated to a cause that is to be kept private — all of this is an open book, forever, to the agency that has access to the data base. And, there are some like me who would consider it demeaning to have this relationship with the state. For the poor, who often live on the margins of life and legality, it could provide the badge of potential criminality in a polity where ostensible poverty has been considered a sign of dangerousness. (This is not hyperbole; read the beggary laws, and the attitude of some courts reflected in the comment that `giving land for resettlement to an encroacher is like rewarding a pickpocket.')” “Also, the Citizenship Rules cast every ‘individual' and every ‘head of family' in the role of an ‘informant' who may be subjected to penalties if he does not ensure that every person gets on to the NPR, and keeps information about themselves and their ‘dependents' updated. There isn't even an attempt at speaking in the language of democracy!” Dr. Ramanathan points out. Concerned with these issues, eminent persons led by former Kerala Law minister and retired Supreme Court justice VR Krishna Iyer demanded in a joint statement, that the UID project be halted, a feasibility study be done covering all aspects of this issue, experts be tasked with studying its constitutionality, the law on privacy be urgently worked on, a cost- benefit analysis be done and a public, informed debate be conducted before any such major change be brought in. We should await such an exercise before so enthusiastically encouraging innocent parishioners to get their fingerprints and eyes scanned.

A KANDHAMAL UPDATE ON CHRISTMAS EVE

GOVERNMENT DOES NOT CARE JUST HOW MANY WILL SLEEP UNDER THE STARS ON CHRISTMAS IN KANDHAMAL, BUT HAVE WE FORGOTTEN? BY JOHN DAYAL 22 December 2011 This is the fourth Christmas that many people of Kandhamal in Orissa will “celebrate” in terror, a few thousand of them without a real roof over their head, scores of widows and orphans remembering the denial of justice which has seen the killers of the head of the family walk away merrily after being set free by the sop called Fast Track Courts Justice still remains an overwhelming issue for about everyone of the 56,000 people who had to run for their lives first on 24th December 2007 and then again from 24th August 2008. They need not have had to flee if they had obeyed their attackers, changed their faith to Hinduism and burnt a Bible as a token of their leaving Christianity. They did not. Four hundred villages were purged of all Christians, more than 5600 houses and about 295 or so churches burnt, a hundred or more killed -- the exact number will never be known -- some women, including at least one nun raped. The tension remains, exacerbated this season with the murder of a law assistant who was uninvolved in protecting witnesses. In another tribal district, Keonjhar, twelve houses were burnt in a scenario eerily, and frighteningly, similar to the one in 2007 and 2008. Adding to the apprehension is the call by a local group for an agitation, a Bandh, during Christmas week. A few days ago, in Bujlimendi village, Arabbakka gram panchayat, Tikkabali block of G Udayagiri Tehsil, the house of Kaleswar Digal, 45, was sleeping with his family which includes three children, when his house was set on fire just after midnight. The family escaped, but the house, including their animals, were destroyed. There are 25 Christian families in this village of 100 houses, now living in palpable fear. The murder was of Rabindra Parichha, a legal activist who had been working with the Evangelical Fellowship of India for justice in Kandhamal. He was killed on 15th December evening at Bhanjanagar, Ganjam District, which adjoins Kandhamal. A former village chief and a local leader, Rabindra was a popular figure in the region. His family lives in their home in Bhaliapara, in Raikia block of Kandhamal. The police have not been able to say why he was killed. His body bore multiple injuries. Cause of his murder is not known. Rabindra Parichha is the third Christian leader to be killed during this year. Pastor Saul Pradhan of Banjamaha (Raikia) was the first Christian killed during 2011. The police version is that he died of too much liquor and the cold. Pastor Minoketan Nayak of Midiakia (Baliguda) was killed on 26 July. Police say that he died in a bike accident. The police have not acted on reports that Manoj Pradhan, member of the state legislative assembly and prime accused in several cases of murder has been moving from village to village instigating anti-social elements and allegedly urging them to “finish off” all Christian leaders of Kandhamal. The police are also deaf to reports of hate speech. On 23 July, a large rally at Phulbani saw a lot of hate speech, and slogans such as "Hindu-Hindu: bhai-bhai _ Anya sab desh-drohi" [Hindus are brothers. Everyone else is a traitor]. The police was present, but took no action. The "Kui Samaj", a front organisation of the right wing hyper nationalist Bharatiya Janata Party which was once in an alliance in the State government, has called for Kandhamal bandh for five days from 23 to 27 December, throwing the Christians into a state of panic. They have memories of the 2007 violence which also took place in the backdrop of another such strike, or bandh. Bipra Charan Nayak, convener of the Survivors’ Associations of Communal Violence, has demanded that the district and state authorities take note of the latest strike call and act swiftly and sternly. The memorandum, to the government said “We remind you that every year, Kui Samanyaya Samittee in nexus with extreme element of Sangh Parivar gives Bandh Call creating mental trauma among the peace loving Christians of Kandhamal. We demand that such practice be stopped.” The All India Christian Council, one of the several groups working in rehab and justice issues said “Although we are for the freedom of expression and do not wish to curb demonstrations and political activity by any group, even by those who are against Christianity and the Christian people, it is the duty of the government to ensure that there is no excuse for confrontation or violence. In Kandhamal, we have had bitter experience. Out community has been deeply wounded, specially in the aftermath of bundh calls during and around Christmas. We are therefore apprehensive of such bandh calls. The Orissa government and the Kandhamal administration must restrain all mischievous and fundamentalist elements and ensure the Christmas is peaceful.” Not that the region outside Kandhamal is peaceful. On 8th December 2011, a Hindu group attacked 3 tribal Christian families at Chandikhole, a suburb in Jajpur district close to Keonjhar district. When the people went to the police station, they were detained on charges of “conversion” of Hindus. The saddest commentary on the governance in Orissa is in the narrative of the dispensation of justice, specially in the fast track courts where not a single person has so far been convicted of murder – mostly because the witnesses have been coerced into silence and the police has made sure there is precious little forensic evidence from their shoddy investigations The following is the current Status of communal violence cases of 2008-2009 of Kandhamal district. Do remember that more than 3,500 persons filed complaints to the authorities.: 1. CASES REGISTERED BY THE POLICE : 827 2. NO. OF CHARGE SHEETS : 512 3. NO. OF FINAL REPORTS SUBMITTED : 315 4. NO. OF CASES ENDED IN CONVICTION : 68 5. NO. OF PERSONS CONVICTED : 412 6. NO. OF CASES ENDED IN ACQUITTAL : 140 9. NO. OF PERSONS ACQUITTED : 1900 10. NO. OF CASES PENDING TRIAL : 304 11. NO. OF ACCUSED PERSONS ARRESTED : 1607 [Acknowledgments: Fr Ajay Singh, Fr Dibya Parichha, Br Marcose, Pastor Harish Arshaliya, Rev Vijayesh Lal]

Government must bring Bill against Communal and Targetted viiolence

National advocacy and prayer campaign for Communal Violence Prevention Bill JOHN DAYAL Mr Hazare and many of the middle class who have joined him in his national camoaign against corruption do not seem to take the threat of communalism as seriously. No national campaign has yet been launched against the sort of hate violence that leaves hundreds dead every year in various parts of the country, and periodically peaks in the massacre especially of the religious minorities, particularly Muslims, and occasionally Christians and Sikhs. It has therefore fallen, so to speak, on the church in all its denominational diversity to launch a united campaign of advocacy and prayer to urge that Government of India urgently bring before Parliament and pass the Prevention of Communal and Targeted Violence (Access to Justice and Reparation) Bill 2011 after suitable amendments that take care of continuing concerns of minorities, and some concerns of state governments. The Bill, commonly called the CV Prevention Bill, was drafted earlier this year by the National Advisory Council and is now with the Union government. The All India Christian Council , an apex Human Rights and Freedom of Faith forum, and several other groups recently inaugurated the prayer campaign with large meetings of priests, pastors and laity in Bangalore, Mysore, Pune and Panchkula in Haryana. Meetings are planned nationwide. The Catholic Bishops Conference of India, the National Council of Churches, Diocesan Bishops and heads of various church groups and NGOs are also being requested to take the prayer and advocacy campaign to the grassroots in every state. The Bill, with some proposed amendments, has been strongly supported by religious minorities as well as by most members of civil society as an effective means to curb communal violence which has plagued this country after Independence in 1947, and bring justice to the victims. In the last ten years there have been more than 6,000 incidents of communal violence, according to information provided by the government to Parliament. Among the most heinous mass crimes against religious communities in India have been the anti-Sikh violence of 1984 in New Delhi and other cities, the anti-Muslim pogrom in Gujarat of 2002 and the anti-Christian massacre and mass arson in Kandhamal in Orissa in which 56,000 persons were forced to flee to forests when over 5,600 houses in 400 villages were burnt down by Hindutva mobs. Over 100 persons were killed, Nuns and other women were raped and over 290 churches destroyed. In all cases, the police and officials stood by without acting. Many police and civil officers were guilty of involvement in all these acts of mass violence, and others were guilty of inaction and impunity. In the first week of December 2011 again in Orissa, 12 families of Christians were attacked in a will planned manner in Keonjhar district. In Kashmir, Pundits in a major way and local Christians have also been subject of targeted violence and threats by fundamentalist elements.. All these have been in reported in Indian Currents. Justice, rehabilitation and resettlement in all cases has been tardy. The worst is the issue of justice. Most victims, including of murder, have been denied justice. In Kandhamal, for instance, not a single person has been convicted for murder. The proposed Bill seeks to secure justice for victims and end the climate of impunity by bringing the guilty officials to book. The proposed law maintains that minorities are denied justice because of the communal behaviour of a section of religious and political extremists and the apathy or involvement of the administration. The Bill will also curb hate speech and similar actions. In recent months, VHP leader Dr Praveen Togadia has called for the beheading of missionaries in issues of conversion. Janata party leader Subramaniam Swamy has launched a slander campaign against the Christian and Muslim communities. The Christian groups have denounced conspiracies to scuttle the Bill. The last meeting of the National Integration Council was an example of how the government failed to intervene effectively in support of the bill which, expectedly, came under severe attack from Chief Ministers of BJP Ruled stares as also some allies of the Congress who had issues with the powers of the states on matters of law and order. The government seems reluctant to take immediate steps and discuss the Bill with political parties to end the attempt of Hindutva groups to raise false alarms against the proposed law. Christian leaders in Mumbai had earlier filed a formal complaint demanding legal action against Dr Subramaniam Swamy for spreading hate and violating the Constitution when he wrote an article in a Mumbai newspaper advocating that Muslims should not be given voting rights. Complaints were also filed in New Delhi. Communalism is as evil as corruption. The minority communities have repeatedly called for strong laws to curb hate campaigns and similar activity which leads to the targeting of minorities and marginalised communities, including Muslims, Christians, Dalits and Tribals. It remains to be seen if gthe government will wake up to its duty in this matter. Box item All that you wanted to know about the Prevention of Communal and Targeted Violence Bill 2011 The Prevention of Communal and Targeted Violence (Access to Justice and Reparations) Bill, 2011 is intended to enhance State accountability and correct discriminatory exercise of State powers in the context of identity-based violence, and to thus restore equal access to the law for Scheduled Castes, Scheduled Tribes, and religious and linguistic minorities. It is the Constitutional right of every citizen, no matter how numerically weak or disadvantaged, to expect equal protection from an impartial and just State. Evidence from state records and several of Commissions of Enquiry has confirmed institutional bias and prejudicial functioning of the State administration, law enforcement and criminal justice machinery when a non- dominant group in the unit of a State, based either on language or religion, or a member of a Scheduled Caste or Scheduled Tribe, is attacked because of their identity. This prevents such non-dominant groups from getting full and fair protection of the laws of the land or equal access to justice. The Bill does not give additional powers to the State. This administration already has adequate powers to prevent and control communal violence when it chooses to do so. Communal and targeted violence spreads mainly because the public officials charged with protecting and preventing, either fail to act or act in a biased manner. Existing laws of the land and the machinery of the State are found to work relatively impartially when targeted identity-based offences are committed against dominant groups in a State, but not similarly for non-dominant groups. This Bill will provide correction of institutional bias against groups particularly vulnerable in any State. All citizens, no matter how small their numbers or where they choose to be domiciled, get an equal playing field, in enjoying their full measure of rights as citizens. This is a special provision Bill, for the non-dominant groups, being the linguistic and religious minorities in the unit of the State, and the Dalits and Tribals across the country. KEY PROVISIONS OF THE BILL 1. Defining communal & targeted violence: The provisions of this Bill will apply only when it is first established that the offence was ‘targeted’ in nature i.e. it was knowingly committed against members of a non-dominant group because of their membership of that group, and not for any other reason. Offences under the Indian Penal Code shall be considered offences under this Bill when they meet the definition of ‘targeted’ above. The Bill also specifically defines ‘organized’communal and targeted violence as mass violence that consists of multiple or mass commission of crimes that is widespread or systematic in nature. 2. Dereliction of duty by Public Servants: This Bill recognizes offences of both omission and commission. Often the greatest cause for communal and targeted violence against non-dominant groups occurring, spreading and persisting, is that public officials do not act. Public servants who act or omit to exercise authority vested in them under law and thereby fail to protect or prevent offences, breach of public order, or cause an offence, screen any offender, or fail to act as per law, or act with malafide and prejudice shall be guilty of dereliction of duty with penal consequences. This is the heart of the legislation, for such accountability shall serve as a deterrent to biased action. 3. Breach of Command Responsibility: This Bill seeks to ensure that the power of holding command over the actions of others is indeed upheld as a sacred duty, and that there is culpability for those who are ‘effectively in-charge’. Given the hierarchical nature of administrative systems, the reality is that too often it is those higher up in a chain of administrative or political command that are responsible for failure to perform their duties. Yet, it is only the junior officer on the ground whose dereliction is visible. The tendency for accountability to be fixed only at the most powerless levels of the official hierarchy is being prevented through the offence of breach of command responsibility. The chain of command responsibility may extend to any level where effective decisions to act or not act are taken. 4. Sanction for prosecution of public servants: This Bill proposes that if there is no response to a request for sanction for prosecution within 30 days from the date of the application to the concerned government, sanction to prosecute will be deemed granted. In relation to certain offences under the Indian Penal Code, 1860, when committed by a public servant, the requirement of obtaining sanction is being dispensed with. This is because these are offences against public justice. Judges shall be the most competent persons to assess the situation and proceed without sanction when satisfied that public justice has been obstructed. 5. Monitoring and Accountability -: This Bill seeks to put in place mechanisms such as a National Authority for Communal Harmony, Justice & Reparation and State Authorities that can make the administrative and criminal justice system work as it should, free from favour or bias or malafide intent. Monitoring and grievance redressal shall be the responsibility of the National Authority for Communal Harmony, Justice and Reparation (NACHJR) and corresponding State Authorities for Communal Harmony, Justice and Reparations (SACHJR). Their mandate is to ensure that public functionaries act to prevent and control communal & targeted violence and also that public servants ensure victims have access to justice and reparation when violence occurs. The functions of the NACHJR/SACHJR are to watch, advise, remind, recommend and warn of consequences if public servants fail to act as per law. The NACHJR or the SACHJRs do not, in any instance, take over any existing powers of any public official or institution, nor supersede the existing law enforcement machinery. They merely monitor to ensure that the system works impartially. The NACHJR/SACHJRs will thus monitor, inquire into complaints, receive or suo moto seek information, and issue advisories and recommendations only when there is alleged inaction or malafide action by public officials and governments. The monitoring mechanism of the National and State Authorities will also provide the ‘paper trail’ to ensure robust accountability of public officials in a court of law. The NACHJR and the SACHJR shall monitor the implementation of the law and prevention of communal and targeted violence. Almost all modern legislations enacted in the last 5 years like the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 and the Right to Education Act, 2009 have built-in provisions for monitoring and grievance redressal. 6. Bi-partisan selection of members of the National Authority for Communal Harmony, Justice & Reparation (NACHJR): The Bill proposes a bi-partisan Selection Committee for members (including Chairperson) of the NACHJR consisting of the Prime Minister (Chairperson), Leader of the Opposition in the Lower House, Leader of Opposition in the Upper House, Minister for Home Affairs, and the Chairperson of the National Human Rights Commission. 7. Composition of the National Authority for Communal Harmony, Justice and Reparation: The Bill proposes a total of 7 members of the NACHJR, of which 4 shall belong to the non-dominant ‘group’ i.e. 4 members must belong either to a linguistic minority in any State in the Union of India, or to a religious minority in any State in the Union of India, or to SCs or STs. Further, no more than 2 members of the NACHJR may be retired public servants. 8. Offences of communal and targeted violence: The Indian Penal Code (IPC) contains most offences committed during episodes of communal and targeted violence. These have been appended in a Schedule to this Bill, and shall be considered offences under this Bill when they meet the threshold of being ‘knowingly directed against any person by virtue of membership of a group’. These offences shall attract the same penalties as laid down in the IPC. Government is currently considering two other forms of violence for inclusion as offences in our statute books, either in the form of amendment bills or new bills. These include brutal forms of Sexual Assault (beyond the limited IPC definition of Rape in S. 375) and Torture. Both these offences have therefore been included in this Bill. Additionally, this Bill defines an offence of Hate Propaganda, because if hate propaganda can be effectively stopped it will enhance the chances of preventing violence. 9. Victims Rights : This Bill seeks to strengthen the rights of the victim in the criminal justice system, through certain provisions in their struggle for justice – from the simple right to information at all stages, the right to get copies of all their statements, to the right to be heard in a court of law, right to protection, right to appeal, and the right to file a complaint with the NACHJR/SACHJR if and when they are aggrieved by failure of the system to protect and secure for them justice and reparations. These provisions are based on the documented experience of the denial of basic rights to victims of non-dominant groups in a State. Indian criminal law is based on the assumption that the State is always on the side of the victim, against the accused, and therefore primarily the rights of the accused need to be protected. The State investigates, prosecutes, and also adduces evidence and appeals. The victim has limited rights in this process. The reality of targeted violence against non- dominant groups is that a biased State may in these cases, be on the side of accused and actively hostile to the victim. This Bill seeks to correct this bias. 10. Relief and Reparation including Compensation for all affected persons whether or not they belong to a non-dominant ‘group: This Bill recognizes that there are no statutory norms and rights for any Indian citizen under present law, for relief, reparation, and compensation. Thus, all affected persons, whether or not they belong to non-dominant groups in a State have been given justiciable rights to immediate relief, and comprehensive reparations, including compensation if they suffer any harm. The Bill casts legal duties on the State to provide rescue, relief, rehabilitation, compensation and restitution, to ensure that all affected persons are restored to a situation better than which prevailed before they were affected by violence. This is based on the experience that some state governments fail to provide even elementary humanitarian services, by refusing to establish relief camps or forcefully disbanding these prematurely. The Bill also recognizes and protects the rights of Internally Displaced Persons, who are temporarily or permanently dislocated because of targeted violence. 11. Compensation – a national standard for all ‘affected persons’: This Bill requires that when there is violence, and citizens lose their lives, livelihoods, and homes, then each devastation must be recognized in the same manner. Each life lost must be compensated for justly and uniformly. Regrettably this has not been the case, and governments have been both arbitrary and selective in awarding compensation to different groups of citizens with different standards of generosity. Compensation must not be a matter of charity or largesse, but a justiciable right with a single uniform standard for every Indian citizen. This Bill provides that compensation shall be paid within 30 days from the date of the incident, and in accordance with a Schedule, which shall be revised every 3 years. No compensation for death shall be less than Rs. 15 lakhs. No compensation for rape shall be less than Rs. 5 lakhs. 12. The Federal Principle: This Bill takes care not to violate in any way the federal nature of our polity. All powers and duties of investigation, prosecution, and trial remain with the State Governments. WHO ARE THE NON-DOMINANT GROUPS IN ANY STATE? The Bill defines non-dominant ‘groups’ as religious or linguistic minorities in any State in the Union of India, and SCs and STs. Examples of non-dominant groups who have, in recent years, come under attack because of their identity in different States and where the State machinery has acted prejudicially, would include Tamils (as a linguistic minority) in Karnataka, Biharis (as a linguistic minority) in Maharashtra, Sikhs (as a religious minority) in Delhi, Muslims (as a religious minority) in Gujarat, Christians (as a religious minority) in Orissa, and Dalits and Tribals in several places in the country. The salient principle is that each of these non-dominant groups in a State may be vulnerable to institutional bias, and thus need special support to restore equality in the way the law works at the local level. ‘Minority’ which refers to both linguistic groups and religious groups, is a shifting category at the level of the States. Thus Biharis, of all religions, constitute a linguistic minority in Maharashtra or in Assam – where they have been vulnerable to attack based on their regional/linguistic identity, but they are dominant in Bihar. Tamil speakers are similarly a linguistic minority in Karnataka, but not in Tamil Nadu. In several states in the Northeast, in Punjab, in the Union territory of Lakshadweep, and in Jammu & Kashmir, Hindus, belonging to any region, are numerically a religious minority. Constitutional arrangements in this regard require that the State of Jammu & Kashmir may suitably domesticate relevant aspects of this legislation, keeping in mind the unique situation prevailing in that State. IS ANY PARTICULAR GROUP THE PERPETRATOR OF COMMUNAL & TARGETED VIOLENCE? The Bill does not classify or assume any particular group to be the perpetrator of communal & targeted violence. The perpetrator of violence could be any person, belonging to any region, language, caste or religion. The Bill is only concerned with ensuring that when the group under attack is non- dominant in that State, then the officers of the State machinery must not be allowed to let bias to breach their impartiality or colour the performance of their sworn legal duty. THE CONSTITUTIONAL MANDATE : There exists a clear mandate to legislate on the issue of prevention and control of communal and targeted violence. Positive and rational legislative measures to correct discriminatory exercise of State power draw their strength from the Constitution of India. Article 14 states that ‘the State shall not deny to any person equality before the law or equal protection of the laws within the territory of India’. Article 21 guarantees right to life and personal liberty, thus State is under duty to protect all its citizens from any kind of violence against them. Article 15 (1) lays down that ‘the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them’. The Constitution thus recognizes that vulnerable groups, defined in Article 15(1), may require protection from discrimination by the State. The Protection of Women from Domestic Violence Act, 2005 and the Scheduled Castes and Schedules Tribe (Prevention of Atrocities) Act, 1989 are examples in the Indian legal system of special legislative provisions for vulnerable groups in response to social reality and experience. Entry 2A and 97 under List 1 of the seventh schedule empower the Central Government to enact laws for the protection of life and liberty.

Still waiting for justice in Kandhamal

WAITI NG FOR JUSTICE: A REPORT OF THE NATIONAL PEOPLE’S TRIBUNAL ON KANDHAMAL EXECUTIVE SUMMARY A National People’s Tribunal (NPT) on Kandhamal was held in New Delhi on 22-24 August 2010, organized by the National Solidarity Forum - a countrywide solidarity platform of concerned persons from various walks of life. The NPT aimed at assisting the victims and survivors of the Kandhamal violence 2008 to seek justice, accountability and peace and to restore the victim-survivors’ right to a dignified life. The twelve-member jury of the NPT was headed by Justice A.P. Shah (retd.). The Tribunal’s final report was released in Bhubaneswar on 2nd December 2011. The report is based on the testimonies of 45 victims, survivors and their representatives. Additionally, it incorporates and draws upon the contents of studies, field surveys, research, fact-finding reports and statements to the Tribunal that were presented by 15 experts. The 197-paged report is divided into four parts. The first part provides the background and context of the violence in Kandhamal in 2008, and highlights the fundamental aspects of the violence. The second part focuses on the impact of the violence. In separate chapters, this part examines aspects such as freedom of religion, the gendered impact of the violence, impact on children, and the impact on socio-economic and cultural rights. The third part compiles and analyzes the responses to the violence. It encompasses role of the state and democratic institutions, processes of justice and accountability and the aspect of reparations. The fourth and concluding part of the report lays down the concluding observations and the recommendations of the jury. Annexures to the report include details of victim-survivors who deposed before the Tribunal, details of reports / statements presented to the Tribunal and details of members of the Organizing Committee for the Tribunal. MAJOR OBSERVATIONS: • Communal Violence in Orissa: The targeted violence against the adivasi and dalit Christian community in Orissa violates the fundamental right to life, liberty and equality guaranteed by the Indian Constitution, and affirmed by the ICCPR, ICESCR, CERD and other international covenants. The brutality of the violence also falls within the definition of ‘torture’ under international law, particularly the Rome Statute of the International Criminal Court. Communal forces have used religious conversions as an issue for political mobilisation and incited horrific forms of violence and discrimination against adivasi and dalit Christians. • Violence in Kandhamal: The 2008 attacks in Kandhamal were widespread, and were executed with substantial planning and preparation. The violence meets all the elements of ‘crimes against humanity’ as defined in applicable international law. Christians who refused to abandon their faith and convert to Hinduism were brutally killed or injured. Burning and destruction of property (residential, official and religious / charitable institutions) was also a predominant form of violence. Human rights defenders have been deliberately targeted for their role in assisting victim-survivors. Moveable property, valuable documents and certificates were looted / destroyed to economically impoverish and lower the socio-economic status of the victim-survivors. Evidence of the attacks was systematically and meticulously destroyed in order to scuttle the processes of justice and accountability. • Gendered Impact: The jury observes, with deep concern, the silence that prevails in matters of sexual assault, at various levels including documenting, reporting, investigating, charging and prosecuting cases. The threats of sexual violence against women and their daughters continue, heightening women’s sense of vulnerability. The attacks on women violate constitutional guarantees of equality and non-discrimination on the ground of sex, and other international standards, including the CEDAW. The relief measures undertaken by the government have been marked by gender blindness and did not address women’s special needs for privacy, nutrition, medical and psychological support. There is no implementation of government schemes by which widows, single women and women survivors of violence can be restored to a life with dignity. • Impact on Children: The impoverishment of the victim-survivor community after the violence has had an adverse impact on the children jeopardizing their physical, psychological and intellectual development. Many children have witnessed horrific violence to their close family members and suffer from acute trauma with no access to services of socio – psycho support and healing. Many children have dropped out of school due to the financial inability of the families to bear the expenses, due to fear or discrimination by the school authority. Children having been forced into the labour force, in hazardous conditions, in order to supplement the family income, and have also been trafficked for the purposes of forced labour, sexual exploitation and abuse. • Impact on Socio-economic and Cultural Rights: The violence against Christians has caused large-scale displacement, leaving the victim-survivors with a sense of rootlessness. The destruction of many churches and prayer halls, and the failure to reconstruct them has deprived the victim-survivors of their right to religious practice. The victim-survivor community is unable to freely practise its faith and is thereby reduced to a state of secondary citizenship – an anathema in a democracy like India with a constitution that guarantees fundamental rights. The violence has had an adverse impact on the livelihood and economic well-being of the affected people. Socio-economic boycott of the Christian community continues to be implemented in a variety of ways. The provisions of NREGA too do not benefit them as it is implemented in manner that discriminates against persons on grounds of religion, caste and gender. • Role of State Administration and Public Officials: The jury members observe, with grave concern, the deliberate dereliction of constitutionally mandated duties by public officials, their connivance with communal forces, participation in and support to the violence and a deliberate scuttling of processes of justice through acts of commission and omission. The state agencies have blatantly failed to extend much-needed institutional support to victim-survivors and protect them from attacks to their persons and properties, ostracism, socio-economic boycott and subjugation by non-state actors. The state government has also failed in its responsibility to prevent the violence in Kandhamal in August 2008. • The Justice Process: The jury observes, with deep concern, that the criminal justice system has been rendered ineffective in protecting victim-survivors and witnesses, providing justice and ensuring accountability for the crimes perpetrated. The complicity of the police and their collusion with the perpetrators during the phase of investigation and prosecution, indicate an institutional bias against the targeted Christian adivasi and dalit community. Victims and witnesses engaged in the justice process have been threatened and intimidated, as there is no guarantee of safe passage to and from the courts. Guidelines on witness protection, issued by the Supreme Court and various High Courts, are not followed by the Fast Track courts. Women and child witnesses face extreme vulnerability. The jury further observes that clear gaps exist in substantive, procedural and evidentiary law to prosecute and punish those responsible for targeted mass violence, and that international jurisprudence in this regard has potential relevance for filling the gaps in Indian criminal law. • Reparations: Through the issuance of a notification prohibiting non-profit organizations from conducting rescue and relief work in Kandhamal, the state government abdicated its constitutionally-mandated duty to protect the lives and human rights of vulnerable populations. The dismal conditions in the government-run relief camps are clearly indicative of the indifference of the State government to the plight of victim-survivors. They are violative of the right of victim-survivors to a life with dignity and equality, as guaranteed by the Indian Constitution; and the right of all IDPs to an adequate standard of living, as recognized UN Guiding Principles on Internal Displacement, 1998. The award of meagre compensation to some victim-survivors and its denial to many, defeat the very purpose of awarding compensation - to repair the harm and loss caused to the victim-survivors. The lack of uniform criteria in damage assessment has led to an arbitrary determination of compensation amounts by State authorities whose acts are coloured by institutional bias against the Christian community. The absence of a comprehensive rehabilitation package has prevented the victim-survivors from being restored to a life of dignity. The negative role of public officials in the peace committees and the infiltration of perpetrators in such committees indicate that the state government’s peace initiatives have been a dismal failure. The jury reiterates that while confidence-building measures are of prime importance, these cannot be undertaken in the absence of or as a substitute for processes of justice and accountability, which are the tool for long-lasting peace in the region. MAJOR RECOMMENDATIONS: A. Socio-economic and Cultural Rights Apply National Rural Employment Guarantee Act (NREGA) and other livelihood schemes of the state and central government to the affected community, without any discrimination on the basis of caste, religion or gender. Act against those engaging in such discrimination. Implement widow pension schemes; provide government jobs to individuals from families of deceased victims, on compassionate grounds; reinstate/reappoint victim-survivors engaged in government jobs prior to the violence and transfer them to areas that they perceive to be safe and secure; provide soft loans for commencement of small businesses. Ensure that relief camps meet the minimum international standards of health, hygiene and privacy for IDPs; they should have facilities to meet the educational and nutritional needs of children, lactating mothers and pregnant women; provide medical and psychological, particularly trauma counselling to the victims/ survivors, with a special attention to the needs of women survivors of sexual and gender-based violence. Incorporate a separate section in the State policy on relief and rehabilitation that conforms to Article 3 of the Child Rights Convention, as the guiding principle for all relief and rehabilitation work. Recommend that the National Commission for Protection of Child Rights and the National Commission on Scheduled Castes and the National Commission on Scheduled Tribes assess the needs of children, dalits and adivasis respectively from the affected Christian community in Kandhamal, and make recommendations to appropriate agencies at the state and central levels for ensuring their rehabilitation at the earliest. Address educational needs of the children who have suffered displacement as a result of the violence. Address the long-standing problem of landlessness and land alienation of the dalits and adivasis in a comprehensive manner through land reform and redistribution. B. Legal and Judicial Processes Identify unreported cases of sexual and gender-based violence and include the offence of sexual assault in First Information Reports (FIRs), in cases where it has been ignored and ensure that they are effectively investigated and prosecuted. Enquire into the acts of all public officials named in this Report, and pursue stringent disciplinary, administrative and other legal action against them for grave dereliction of duty, and for collusion and complicity in the crimes committed by the perpetrators. Strictly enforce Sections 153 A and B of the Indian Penal Code (promoting enmity between different groups and doing acts prejudicial to maintenance of harmony) in order to proactively prevent programmes that are divisive, propagate hate and incite violence against religious minorities. Constitute a Special Investigation Team (SIT) to re-examine the already registered FIRs for accuracy, examine registrations of fresh FIRs, the trials that resulted in acquittals due to intimidation and/or lack of evidence and recommend the trials that need be transferred or fresh trials be conducted outside Kandhamal. Appoint Special Public Prosecutors who discharge their duties with professional competence and integrity. At the appellate stage in the Orissa High Court a special panel of lawyers to represent the victims of Kandhamal violence should be constituted. Recommend that State Legal Services Authorities set up a legal cell to assist victims in their legal cases and interactions with the police and courts. Provide protection to victims and witnesses before, during and after the trial process according to the guidelines provided in the judgments of the Delhi and Punjab and Haryana High Courts. Take pro-active measures to prevent threat of sexual and gender-based violence to women survivors and their daughters and pay attention to the needs of the child witnesses involved in various proceedings related to the Kandhamal violence. The State Legal Services Authority lawyers to also ensure, that witnesses depose freely and without fear in the fast Track Courts and to bring any incident of intimidation to the notice of the concerned authorities including the Court. State Legal Service Authority to assist the victim- witnesses to initiate appropriate legal action in this regard. Accord special protection to human rights defenders and adequately compensated the damage to their residential and organizational properties so that there are no impediments to their work in assisting victim-survivors with processes of justice and reparations. C. Reparations Adopt, at the very minimum, the 1984 anti Sikh and 2002 anti Muslim Gujarat compensation package to enhance the compensation already announced. In addition, victims of sexual and gender-based violence should be included as a ground eligible for compensation and employment. Recognize the right of the Internally Displaced Persons (IDPs) to return home and create enabling conditions to facilitate such safe return in accordance with the UN Basic Principles and Guidelines on Development-based Evictions and Displacement, 2007 and UN Guiding Principles on Internally Displaced Persons. Facilitate the return and reintegration of the affected families back in their villages of habitual residence, or resettle them in safe and secure alternative places of residence that is near to agro-based or other livelihood possibilities. Formulate and implement policies to provide victim-survivors full reparations, which include compensation, restitution, rehabilitation, guarantees that the crimes committed will not be repeated, and forms of satisfaction such as restoration of their dignity and a public acknowledgement of the harm that they have suffered; meeting national and international human rights standards. Include movable properties into the scheme of compensation, and adequately compensate loss of valuables, cash, agricultural produce and cattle, essential documents, household articles and vehicles towards restoring the victim-survivors and their families to the standard of living that they enjoyed prior to the violence. Focus on revival of dignified livelihood options for the affected families, and facilitate a resumption of the livelihood they had pursued prior to the violence. Make a concerted effort at recovery and return of lands that the victim-survivor families had abandoned at the time of the violence, in order that they may pursue agro-based forms of livelihood. Include members of the affected community, particularly women, in all confidence-building and peace-building initiatives by the state and district administration. Substantive participation of women in village level peace committees should be facilitated, rather than a token representation. D. Minority Rights Protect the right to religious freedom and clarify that this freedom means and includes the right to remain animist, areligious and/or atheist, and make any form of forced conversion or reconversion illegal. Formulate a policy / programme to urgently address the issue of institutional bias against the minority Christian community in Kandhamal and other parts of Orissa, through a combination of perspective-building and stringent action that is intended at upholding the rule of law. Review OFRA to ensure that it does not violate the right to religious freedom as guaranteed by the Indian Constitution and international law. Review the definition of the Scheduled Castes in The Presidential Order of 1950, on the basis of the discrimination experienced by members of schedule castes even after conversion. Implement the recommendations of the National Commission for Minorities, issued in their reports of January, April and September 2008 with immediate effect. **********

Implications of interrogation of Pastor by Shariah Mullahs in Srinagar, Kashmir

Conversions, Shariah kangaroo courts, the law of the land and fragile unity of minorities JOHN DAYAL In retrospect, the church in India has displayed remarkable sobriety and a sense of responsibility in their response to the arrest in Srinagar of Reverend Chander Mani Khanna, pastor of the All Saints Church. The Muslim Ulema of the rest of India have been reluctant to condemn the arrest, precipitated by the demand of a local Mufti. The vital issues of the rights of minorities, and freedom faith are however involved, which impinge on all minorities even in states such as Gujarat, Maharashtra, Karnataka and Orissa and remain relevant in Kashmir. I suppose one can understand their reluctance in the backdrop of the complexities and sensitivities involved in anything that is concerned with the State of Jammu and Kashmir. The same is the reason perhaps for the silence of civil society in India and in the state of Jammu and Kashmir. Only journalists and activists Seema Mustafa in New Delhi and Javed Anand in Mumbai have dared spoken, pleading for caution but articulating the voice of sanity and freedom. Before anything else, it is important to recall the political geography of Jammu and Kashmir. It is, of course, an inseparable member state of the Union of India, as patriotic voices constantly remind us. It was once ruled by a Hindu King, the late Hari Singh, not much liked by the large Muslim population of the Valley of Srinagar, which is one of the three district entities that make up the state. The other two are the areas of Jammu, with a huge Hindu population and a record number of temples, and Ladakh, an almost entirely Buddhist region with just a handful of Muslims, Hindus and Christians. The tiny Christian minority in the State lives largely in the Jammu region, mostly of Dalit origin, with about 500 in the valley and a much smaller population in Ladakh. For some time after Independence and the ascension of the state to the Union of India, J and K, as it is known popularly, had its own prime minister and sadr-e-riyasat, [head of state] Karan Singh, before they were designated chief minister and Governor respectively. Special status is accorded to the State under Article 370, many Indian institutions have no jurisdiction in the state and many laws have to be extended to the region through the state legislature. India and Pakistan have fought four wars over the State, the last being the infamous Kargil glacier encounter which cost both countries precious human lives with tension still prevailing in the uninhabitable heights. In the habitable valley, there is another confrontation. Half a million Indian soldiers, by some counts, are in the valley tackling both the border situation and a continuing confrontation with terrorists as well as with the civilian population, The confrontation has been violent most of the time. Many innocents have been killed, entirely illegally. Women and children have been victims. A major victim of the communalised situation in the valley has been the exodus of the Hindu Pundit population to Jammu, Delhi and refugee camps elsewhere. A sad aftermath has been the rise of fundamentalism and the supremacy of a doctrinaire kind of politico-religious Islamic clergy. The seeds of the confrontation with the Christian community lies in the powerful segment of this clergy which is carving out its space in challenge to the established state government, the other political groups, the military and the political parties. As Seema Mustafa points out, the vast majority of Kashmiris in the valley, all Muslim, are peaceful people adhering to a soft and melodious Sufi Islam, far removed from the stridency of Wahabism espoused by the extremist groups. But there do not seem to be any routes of approaches to the aggressive clergy, Apart from the confrontation with the state forces, and the occasional violence on the small number of Pundits who remain in Srinagar and some rural areas of the valley, there has been violence against Christians in the past too. On 26 February 2011 , the school run by a Christian family was burnt. The government helped with the reconstruction. Before this the Tyndale Biscoe School Tangmarg was burnt , The Good Shepherd School of the Roman Catholic church at Pulwama was burnt. The community as a whole has suffered much, in silence. The people, who speak with us on conditions of anonymity, and the family of Rev Khanna, say the situation is very volatile and bad, stressing they do not want to add fire to the situation there at present “but try to apply some political pressure from outside the state in an silent manner so that we get what we want and the lives of people are safe also”. This is a sentiment shared by Seema Mustafa who says “We must take into account the sensitivity of Kashmir as it is different from Madhya Pradesh and UP. That is imperative or anything you say will create more trouble than the initial trouble itself. Unlike the popular perception created here, Kashmiris are secular people and we can reach out to many there to ensure that sane voices emerge. The state government has created additional trouble with the arrest, and that needs to be countered as well. The separatists can be persuaded to give a statement for secular harmony, I am sure, as can civil society, and for the release of the pastor. But it has to be worked out properly.’ Pastor Khanna is a well known personality in Srinagar. Dr Richard Howell, general secretary of the Evangelical Fellowship of India and outgoing secretary of the National United Christian Forum, says “I have known Rev. Khanna for many years. He in fact was involved in reconciliation work in Kashmir valley. He confidently went to Srinagar from Jammu, much against the advice of all. I am sure that he has done no wrong. We need to move soon on some sort of a dialogue to stop rumours, the latest being; now it is the turn of Christians to leave the valley. There are about 400 Christians working in schools and hospitals, a few in government service.” The events leading up to Khanna’s formal arrest at the behest of a Mullah, the Grand Mufti, have opened up serious questions that need to be addressed. Pastor Khanna had baptised some people in the church during the regular baptism ceremonies. A few of those were former Muslims who had been coming to the church for a long time. All were adults. A video was made of this event and put on YouTube on the Internet. The pastor was summoned, not by the police, but by the Mufti, He was questioned for seven hours, harangued, threatened. The government became scared, or possibly wanted to divert attention from other on-going crises in the state, not the least of which is an accusation against chief minister Omar Abdullah of involvement in the murder of a member of his own party who had become a criminal. The police told Khanna they were protecting him, then raided his church, and finally arrested him on charges of fomenting communal strife. The church feels cornered. It took days for the local church to make statement. The NHRC, National Commission for Minorities and he National Advisory Council and others are silent though they have been informed by many. The political parties are mute. Civil society is dead in Srinagar, and silent in India. No group of activists has yet denounced the arrest or the kangaroo court. Right wing Hindutva groups agree with the mullahs. Political action is patently required and people have call upon the President of India, the prime minister, the governor of the state of J and K and the leaders of various political groups to take steps to get the priest out of the police lockup Above all, the frail relationship between Muslims and Christians -- both minorities in India – is under great stress. Remember, Christians had made common cause with Muslims in their hour of crisis in Gujarat 2002 and elsewhere. The media, as usual, seems barking up the wrong tree, giving tendentious stories, not questioning how religious groups over-rule or act on behalf of the police. This is how a local newspaper reported the episode: Deputy Inspector General (DIG) Central Kashmir Range, A G Mir told ‘Kashmir Images’ that Khanna has been arrested by Police Station Ram Munshi Bagh and FIR 186 of 2011 under section 153A and 295A registered against him. Police have also registered a case against six unidentified Kashmiri youngsters who were allegedly baptized by the Christian priest. Kashmir’s Grand Mufti, Mufti Bashir-ud-din last month summoned the priest to his court to explain about the alleged attempts of conversion. The Pastor, however, was out of station and had sought time to appear before the Grand Mufti, who heads Court of Islamic Jurisprudence in Kashmir. And finally when Khanna presented himself before a group of 15 Islamic scholars and representatives of various religious groups headed by the Grand Mufti, he denied his involvement first, but later on confessed his complicity. Initially he did not accept that he was doing this,” Mufti Bashiruddin said. The Pastor reportedly said he was on a “peace mission promoting communal harmony between Muslims, Sikhs, Hindus and Christians. But when confronted by some boys, he had no option but to accept,” the Grand Mufti said, adding that they had a CD containing evidence about how the Pastor was performing conversions. The Pastor has confessed to having converted 15 boys so far and promised to give their list to the Grand Mufti, reports said. “The Pastor said some NGOs and intellectuals were with him in this mission and some of them had accompanied him to South Africa to preach Christianity,” said the Grand Mufti. Terming the issue a “grave” one, he said Muslim ‘Ulema’ (scholars) from various organizations including the Jamat-e-Islami, the Jamiat-e-Ahle Hadees, the Islamic Study Circle and the Nadwatul Ulema would meet again to take a final decision.As of now I have reserved my judgment. The Ulema council was scheduled to meet on November 19, but it has been postponed,” the Grand Mufti said.” The Church of North India and the local Christian community deny any wrong doing by the pastor. They have also reaffirmed their resolve to continue with their mission of service in the valley and the state. The most incisive comment has come from Javed Anand, general secretary, Muslims for Secular Democracy of Mumbai. ” Addressing the media, Kashmir’s grand mufti, Mohammed Bashiruddin warned that such activities “warrant action as per Islamic law” and will not be tolerated. “There will be serious consequences of this. We will implement our part and the government should implement its," the mufti thundered. What’s Islamic law and a shariah court doing in a secular democratic polity? ... For what crime has Khanna been booked? Unlike states like Gujarat, Orissa and Madhya Pradesh, J&K does not have a law against conversions. But where there is a will there’s a way. The pastor has been charged under sections 153A and 295A of the Ranbir Penal Code, the J&K equivalent of the Indian Penal Code. Section 153A pertains to the offense of “Promoting enmity between different groups…” and doing acts prejudicial to maintenance of harmony”. Section 295A has to do with “Deliberate and malicious acts, intended to outrage religious feelings of any class by insulting its religion or religious beliefs”. “Why should conversion of a few Muslims to Christianity be deemed a malicious act intended to outrage religious feelings? Why should it be tantamount to promoting enmity between different groups? These might be questions for you and me. But Omar Abdullah and his police may well be wondering whether the FIR and the arrest are enough to douse the flames. The worse quite possibly is yet to come. A Dharma Sansad comprising of leaders of different Muslim sects in Kashmir is to meet soon to deliberate over the “grave issue” and decide on further course of action. The responses to the video-clip have apparently been venomous. "We promise to kill all Christian missionaries and burn their buildings, schools and churches!" pronounces one of them while another proclaims, "We should burn this priest to death!" Echoes of Pakistan’s obnoxious blasphemy laws? “It is far from clear whether the priest is in fact guilty of a cash-for-conversion deal. Only a thorough and impartial investigation could establish if there’s any truth in the charge. But in the brand of Islam the grand mufti and most mainstream Muslim organizations espouse, the issue of inducement is irrelevant. The theology is simple: for conversion into Islam, there’s Divine reward aplenty for both the converter and the converted; but conversion out of Islam is gunaah-e-azeem(mahapaap), treason of the highest order, deserving of the harshest punishment.” Human rights groups and Muslim bodies from the Valley and elsewhere especially, must denounce the hounding of the pastor and the ‘Islamisers’ reminded that Article 25 of the Indian Constitution guarantees to all citizens “the right freely to profess, practice and propagate (their) religion”. The last word, of course has not been said. Even as efforts continue to get the pastor out of prison on bail, or to get him transferred to the Jammu jail for safety reasons, National Commission for Minorities vice chairman Dr. Hmar T Sang liana was paying a visit to Srinagar to meet with various groups and the government. Efforts were also on to open a dialogue with various national and Kashmir Muslim groups for a long term peace with a broad basic agreement that the dialogue must continue in an environment of mutual understanding, and not in short term grandstanding. The government, meanwhile, is being encouraged to stick to the points in law and not to exacerbate the situation in the guise of buying peace. - - - [First published in Indian Currents, New Delhi]

Politics of the murder of an Indian Nun

A NUN’S MURDER POSES QUESTIONS FOR STATE AND CHURCH Activist and Whistle-blower Sr Valsa John pays with her life for defending the Tribals’ ownership of their land, minerals and forests JOHN DAYAL It was proper that the candlelight vigil in memory of Sister Valsa John of Dumka, Jharkhand, on Friday 18th November 2011 at New Delhi’s Sacred Heart Cathedral became a celebration of her life, the work of Christian activists in defence of the rights and dignity of the poor, tribals, dalits and marginalised. It also posed a challenge to the Church in general if it would retreat in fear at the brutality of Valsa’s sacrifice, or get courage from the luminescence of her sacrifice and go deeper into territories of human rights still uncharted -- obeying the demands of Caritas in Veritate, love and the Truth underpinning the social teachings of the church. It also had a message for the State, the government and the political, bureaucratic and criminal justice system – will they wake up to the threat posed to society in general and to whistle blowers and rights defenders in particular from the unholy regime of impunity and the conspiracy between vested interests in governance and the corporate sector for whom profits are God. Valsa John’s fellow activists in Jharkhand, New Delhi and elsewhere, mourned a comrade. The gathered Archbishops, Bishops, Nuns, Priests and Laity felt the loss of a person who heard the call of God when she was already working as a teacher. Valsa had responded to that call with an alacrity and sincerity that surely will remain a lesson for many more than just her congregation, the illustrious Sisters of Charity of Jesus and Mary. To the common people, Sr. Valsa John is a Martyr whose blood would not go in vain. But they also wanted to find out why she was murdered, calling for a high level enquiry, possibly by the Central Bureau of Investigations, into the criminal conspiracy behind her dastardly murder because Jharkhand State’s police investigation and justice system are rickety at best, and often part of the corporate and mafia conspiracies. Sr Valsa John, 52, is the fourth social activist killed in unexplained circumstances in India this year. Like many other activists, trade union leaders and Right To Information crusaders, she had a premonition of her death, and had warned friends and relative, and perhaps even the police, that she feared a brutal end. Valsa was brutally murdered in her room in a rented house in Pachaura, In Pakur in Dumka district of Jharkhand late at night on Tuesday, 15th November 2011. The bloodstained floor of Sister Valsa’s room bore testimony to the violence. She had been attacked by a group, said to number anywhere from two dozen to forty men armed with swords, axes and other weapons. Her head was nearly severed from her body. Some Maoist literature and a spade were left behind, possibly as a ruse. Many immediate theories were floated to account for the attack. One was that Valsa may have incurred the wrath of a group of local criminals for seeking justice for a raped tribal girl and that may have been the immediate provocation . Valsa had sought an appointment with Pakur deputy commissioner S K Singh after the Amrapara police refused to lodge an FIR against the alleged rapists. Singh did not deny that an appointment had been sought, newspapers reported, quoting him as saying “She may have contacted my office for an appointment.” Amrapara police maintained no FIR about a rape had been lodged at the police station, although they detained two persons for questioning today in connection with the murder. A deathly silence remains in Pachaura, the village where Valsa was butchered. The local media too has taken sides, some imputing motives. The local reporters of the large media such as the Times of India have particularly come in for scrutiny for their apparently biased reporting. Valsa was laid to rest at the Christian cemetery at Dudhani in Dumka on 17th November after the Mass in St. Paul’s Cathedral. Her eldest brother, Baby Malamel, and two of her nephews, from Kochi were present for the funeral. About 600 to 700 people were present for the funeral, 200 of whom were from the village Pachaura where she lived.Even as her body as buried in the Jharkhand she had come to love, Valsa has been espoused by national and international organisations working in Human Rights. Amnesty International asked for an enquiry at the highest level, suspecting the hand of mining mafia. Cardinal Telesphore Toppo called it a shame for the state. Officials of almost every church organisation – from the Catholic and Syrian Churches to the Evangelical and Pentecost denominations, made common cause, calling her a martyr in the cause of serving the poor, as mandated by Jesus Christ who she loved so dearly. Sr Mary Scaria, an Advocate of the Supreme Court of India and also an activist, recalled Sr Valsa as a member of her own congregation, the Sisters of Charity of Jesus and Mary known for their work in education and activists in various parts of the country. The Congregation was founded on the 4th November in 1803, in a little village of Lovendegem in the diocese of Gent, Belgium by the parish priest, Fr. Peter Joseph Triest, in the aftermath of the French Revolution which left so much poverty and misery, specially that of the children. On 4 November 2003 the Congregation celebrated 200 hundred years of living out the charism of the Sisters of Charity. Following the footsteps of the founder, no challenge was too great, no request too trivial and no one too precious. This has been a sacred history during which every milestone has seen the deepening of the threefold dimension of the SCJM life of love - Love for God her father, love for one another and love for all peoples especially the poor, the abandoned and those who are deprived of love and dignity in the world. The sisters are active in England, France, Ireland, Netherlands, Israel, Rwanda, Mali, Congo, South Africa, Venezuela, India, Sri Lanka, Pakistan, the Republic of Central Africa and Rome. The Mother house of the Congregation is in Ghent, Belgium. This was the congregation Valsa chose to be her destiny. Valsa was born on 19 March 1958 at Vazhakala village of Idappally in Ernakulam District of Kerala, the second child of her parents. A good student, she went on to become a teacher in her home town’s St. Pius UP School,. Her life still felt unfulfilled, and one day Valsa decided she would live and work for the poor and exploited people of our country. The Sisters of Charity of Jesus and Mary had a convent in her village and she approached them and told them about her wish. They told her that the SCJM sisters work in the rural areas, mainly among the marginalized people and through this congregation; she would be able to fulfil her desire. She did not hesitate. After her religious training she was assigned to Palamu district. In 1993 she came to Sahibganj district and worked with the Jesuit Fathers at Kodma. She was transferred to Jiapani Mission in 1995. Jesuit priest and tribal intellectual-activist Dr Marianus Kujur says “If she wanted she could have had a cosy and comfortable life in ‘God’s own country’, where she started her career as a teacher more than 20 years ago. But she did not. She came to Pachaura in 1998 and the anti-mines movement in the area started in 2000, working for the people in coal mining areas of Jharkhand for 12 years and guided them in their struggles. She perhaps did not realise it then, but she was joining a distinguished band of people who had fought for the right of the tribals. Long ago in the 1880s, suffocated by injustice and oppression from all sides visionary leader Sido of Bognadih village near Barhait sent a clarion call to all the Santhals to get organized and rise up in arms. His brothers Kanhu, Chand and Bhairav and his sisters Phulo and Jhano too joined him to give his leadership shape and substance. This, historians recall, resulted in the legendary Santhal rebellion of 1855, which swept the British administrators off their feet. Valsa landed in the midst of important developments – the issue of rights over the coal in that mineral rich region. Kataldih village near Amrapara block in Pakur district has reserves of good quality of coal on a very large scale The main users are the Punjab State Electricity Board and the private sector Emta Group of companies – collectively called the Panem coal mines.. Human Rights group Peoples Union for Civil Liberties, PUCL, investigated the issue back in 2003 and published a detailed report on the Pachaura coal mining project when the media began reporting resistance from local tribals to the Project. The PSEB is a ‘public utility service’ wholly owned by the Government of Punjab. By a letter of the Ministry of Coal and Mines (Department of Coal), letter No. 47011/1(4) 2000- CPAM dated 26th December, 2001, Pachaura Central Block was allotted to the PSEB for captive mining for supply of coal on an exclusive basis to its own power plants. The PSEB formed a Joint Venture Company, PANEM Coal Mines Limited, with Eastern Minerals and Trading Agency (EMTA) to produce, supply, transport and deliver coal from the coalmines of Pachaura Central Block, exclusively to PSEB thermal power stations. According to Gazette notification, by the Ministry of Coal and Mines (Department of Coal) F.no.38011/4/2002 CA, dated Feb.22, 2002, the Central Government specified “as an end use the supply of Coal from the Pachaura Central Block by PANEM Coal Mines Limited on an exclusive basis to the power plants of Punjab Electricity Board for generation of thermal power. PUCL noted that the Government surveyed and delineated the whole area covering 41 square kilometers with demarcated divisions such as North, South and Central Blocks. Pachaura Central Block is given to PSEB. This Block measures approximately 13 square kilometers covering nine revenue villages (mouzas) such as Singhdehri, Taljhari, Kathaldih, Chilgo, Bisunpur, Dangapara, Amjhari, Liberia and Pachaura. It is estimated that Pachaura Central Block holds 562 million ton of coal reserve. Out of this reserve it was proposed that in an area of approximately 13 square kilometers open cast mining will be done in 11 square kilometers. The Central Block envisaged 44 years of open cast mining to extract 289 million tons of coal. The Jharkhand Government is expected to get annual royalty at the rate of Rs. 100 crores. The Government claimed it was legally within its power to acquire land for specific purpose given the Land Acquisition Act. The PUCL team heard the local people who said “We have been living here for long. Our forefathers Sido and Kanhu and their followers sacrificed their lives and won for us freedom from oppression and gave us an identity. And all of a sudden, like a bolt from the blue, we hear that someone is coming to enter our premises and oust us as if we are encroachers and criminals.” The people knew that that elsewhere in Santhal Parganas, at Lalmatia and at Chitra, collieries have displaced and decimated tribals and most of the promises of rehabilitation remained only on paper. The PUCL report highlighted that the tribal community is a cohesive community with its communitarian mode of living, interaction and decision-making. It depends on a life close to nature with its rivers and forests, with agricultural fields and grazing lands, places of communitarian gatherings for festivals and village functions. It also has its ancestral abode right in its midst. It is in this socio-cultural phenomenon they live and conduct their affairs. Their homes may be mud walled and grass roofed but they have a beauty and functional practicality of their own. Land is their most important natural and valuable asset and imperishable endowment from which the tribals derive their sustenance, social status, economic and social equality, permanent place of abode and work and living. It is a security and source fr economic empowerment. Therefore, the tribes too have great emotional attachment to their lands. Civil servant and later Commissioner for Scheduled Tribes Dr. B. D. Sharma has noted this was the thesis behind Jawaharlal Nehru’s Panchsheel which enunciated that “ people would develop along the lines of their own genius and we should avoid imposing anything on them. We should try to encourage in every way their own traditional arts and culture. Tribal rights in land and forest should be respected. We should try to build up a team of their own people to do the work of administration and development. Some technical personnel from outside will, no doubt, be needed, especially in the beginning. But we should avoid introducing too many outsiders into tribal territory. We should not over administer these areas or overwhelm them with a multiplicity of schemes. We should rather work through, and not in rivalry to, their own social and cultural institutions. We should judge results, not by statistics, or the amount of money spent, but by the quality of human character that is evolved.” This was codified in the Fifth Schedule of the Constitution which is an integral scheme of the Constitution with direction, philosophy and anxiety to protect the tribes from expropriation. Its objective is ‘to preserve tribal autonomy, their culture and economic empowerment to ensure social, economic and political justice for preservation of peace and good government in the Scheduled Areas. B D Sharma said all actions of the State must be in furtherance of the above Constitutional objective and dignity of persons belonging to the Scheduled Tribes, preserving the integrity of the Scheduled Areas and ensuring distributive justice as an integral scheme thereof. The executive in the name of the Governor stands vested with all the necessary powers, perhaps more, for achieving the aforesaid objectives.”. Sr Valsa John believed in this thesis of justice for the tribals. The sustained resistance of the people forced the PSEB to work out a rehabilitation package which included monetary compensation, employment against land in exceptional circumstances only to fill vacancies, jobs for one member of a family which has lost three or more acres of land, Sr Valsa had been jailed in 2007 for protesting against the forced acquisition of adivasi lands for Panem. It was because of her role in negotiations with all the authorities that a more comprehensive agreement was worked out. The agreement with Panem paved the way for alternate land, employment, a health centre and free education for the children of the displaced families. Apart from economic rehabilitation and resettlement benefits, the company agreed to fill the pits of the open cast mines, level them, put good sand, make it cultivable and give back the land to the people. It agreed to a crop compensation for the land under mining at Rs. 6000 per acre per year, a share of the profit to the people (Rs. 10,000 per acre per year) till they fill the pits and give back the land to the people and undertaking to level the remaining land of the people and make it fit for better cultivation using lift irrigation facilities. The company also agreed to jobs for the affected people, free education, a hospital with all modern facilities, quarters with four rooms and a veranda and the standard facilities under existing government rules. As the local media now reports, there were some who were dissatisfied with the agreement Valsa had reached. No one knows if any of these disgruntled elements are a part of the conspiracy. For civil society, Sr Valsa’s murder is part of another chain too. Three other social activists have been killed this year after fighting on behalf of victims of human rights violations and marginalized communities, or using India’s Right to Information legislation to expose human rights violations and government corruption. In November 2011, Nadeem Sayed, a Gujarat-based activist, was stabbed to death after he testified on behalf of the victims of the Naroda Patiya massacre case in which 95 persons had been killed during the 2002 Gujarat anti-Muslim riots. In August, environmental activist Shehla Masood, 35, was shot dead in Bhopal city in August after trying to expose environmental violations of urban infrastructure projects and challenging mining plans in Madhya Pradesh. In March, Jharkhand social activist Niyamat Ansari was abducted and killed after he used the Right to Information legislation to expose local contractors and officials who had embezzled funds earmarked for the rural poor. Suspicions centre around armed Maoists because Ansari's exposes threatened their share of the embezzled funds in return for protecting the corrupt contractors and officials. India’s civil society has been demanding new legislation to protect activists who received threats after filing petitions demanding crucial information affecting the livelihoods of local communities. For the Church and the Christian community, the brutal murder of Sr Valsa has to be also seen in a different light. This certainly is not a question of persecution of a minority community. Sr Valsa was in Dumka not as a proselyser, as some in the print and electronic media make her seem, but as a human rights activist obeying her calling. But the murder does have a critical mission dimension. After being battered into some sort of submission to the will of the state during the seven year regime of the pro Hindutva Bharatiya Janata Party-led National Democratic Alliance, and the last eight years of an insipid United Progressive Alliance, the church is at the cusp, or the precipice, of a great rethink. The State has betrayed the Church on the issue of rights to Dalit Christians. It has given no clear answer in the Supreme court which is hearing Writ petitions by various groups on restoring the rights of Dalit Muslims and Christians which they enjoyed before the passing of the 1950 Presidential Order. The State has also shown no signs of reversing the notorious Freedom of Faith laws enacted by many Congress and BJP ruled States. The government is also playing an insidious game in using the Right to Education Act to “tame” the church institutions. These are signals as much as the central government’s silence to the call of that great Hindutva leader, oncologist Dr Praveen Togadia of the Vishwa Hindu Parishad who has called for the beheading of anyone who converts a single Hindu. Any other person would have been in jail for saying less. Will the church be cowed down before this building pressure. There are some murmurs saying that the church must focus on faith and leave social action to others. A section of the Church wants to focus on insinuation building. A small but influential section of the church wants to stress its “nationalistic” credentials to cosy up to the right wing Hindutva elements and evade their political wrath. But this is not the majority of the Church. One is happy to note a strong spine in all denominations of the Church. The recent mass movement, which the church supported in Tamil Nadu, is an indication of this. The Bishop and priests who participated in the movement against an ill planned nuclear power plant in Koodankulam where villagers of Idinthakarai staged relay hunger strikes to protest against the Koodankulam nuclear plant whose safety has been called into question. Right wing propagandists, politicians and a section of the media have joined hands to demonize the Church. It is heartening to see the brave response of the people and the religious who hold the public cause to be superior to their own well being. The situation in Orissa, Chhatisgarh and several other states may demand the same fortitude and courage from the church. The Nun working in a distant forest hamlet, or standing in challenge to the conspiracy of mafia, police and the corporate sector, is proof that the church actually practices its theoretical preferential commitment to the poor.

India puts lives ahead of nuclear energy

People’s life and livelihood versus nuclear power for industry JOHN DAYAL It is the life and the livelihood of the poorest of the poor versus a nation’s ambitions in nuclear energy for industry and super-powerdom in Koodankulam in south India. A lakh of men, women and children demonstrated earlier this month at the, several of them launching a ten daylong hunger-strike, demanding a stop to the Russia-assisted construction of a 1,000 megawatt nuclear power plant which has triggered a nagging controversy both on its physical safety, following the Fukushima disaster in Japan, and its impact on the environment affecting the livelihood of several million boatmen and fisher-folks along the Coromandel coast. It made international news was the presence of a large number of Catholic Priests and Nuns, many of them born in the area and umblically connected with the people whose cause they so openly espoused. Catholics and other Christian denominations form a significant part of the coastal population of Puducherry, Tamil Nadu, and of neighbouring maritime states of Andhra Pradesh, Karnataka and Kerala, most of them subsisting on fishing and prawn farming, both sensitive to a warming of sea currents because of unchecked waste water discharge. According to a UCAN report , the people came from 20 Catholic villages and a dozen others around Koodankulam from the districts of Kanyakumari, Thoothukudi and Tirunelveli. The agency interviewed some of the demonstrators.“Russian nuclear technology has failed in Chernobyl. Why should we use it here to endanger our lives,” said Bishop Yuvon Ambroise of Tuticorin and chairperson of the Office for Justice, Peace and Development (JPD) at the Catholic Bishops’ Conference of India. Bishop Ambroise said the country should look to Europe and Japan as an example.“India should follow Germany and Japan, who recently announced that they are giving up their nuclear facilities after the Fukushima disaster.” “Our lives are in danger because of the nuclear plant,” said Bishop Peter Remigius of Kottar. “We want the facilities to be used for useful purposes.” Medha Patkar, who mothered the Narbada Bachao movement against big damns said questions remained over why the government had approved the facility in an inhabited area despite environmental concerns. After more than a week, the agitation was called off when the Union government and the administrations of Puducherry and Tamil Nadu, the two affected States, called a temporary halt to work on the nuclear plant and promised talks with the local people. The Tamil Nadu Cabinet of chief minister J Jayalalitha is to pass a formal resolution and send it over to the Union Government. Prime minister Manmohan Singh will have to take a call on the issue after he returns from New York where is attending the General Assembly of the United nations. It remains a moot question if the government will indeed halt further work and eventually shut down the existing units of the plant. Fears are it will not. Nuclear energy, for war and for peace, remains locked in a fierce stranglehold of hyper nationalism and the needs of the growing economy in a country whose people aspire to be a global superpower in the not too distant future. This nationalism has made real debate on safety and security issues all but taboo in the country, with just a handful of activists and academics involved in any genuine debate. Years of nuclear isolation, when its only technological support was from the then Soviet Union, accentuated India’s paranoia that the world wanted to keep it away from cheap power for its growth. A clandestine nuclear military experiment exploded India into the Big Power club when the regime of the late prime minister Indira Gandhi carried out an underground blast in the early 1980s in the desert sands of Rajasthan. Two decades later, the government of Prime Minister Atal Behari Vajpayee, leading a National Democratic alliance collation headed by his own Hindu nationalist Bharatiya Janata party, carried out a series of explosions in the same testing grounds. Pakistan, neighbour and traditional enemy, followed suit with its own nuclear experiments. Both countries today have an estimated more than two hundred strategic nuclear warheads mounted on ground and air-borne missiles, and possibly also on warships. This show of might, and an end of the soft military alliance with Russia, has helped India reach pacts in nuclear material with the US and Europe who look on the expanding Indian market with deep interest. Electricity for industry and homes remains a critical need for India, which does not have great reserves of oil, and only limited reserves of high grade coal for hydrocarbon-fuelled thermal power plants. With most of its northern rivers flowing through unstable seismic regions prone to earthquakes, the safety of existing hydel power plants has been called into question. The collapse of the tunnels in the Teesta river project in the north eastern state of Sikkim in the recent earthquake had revived the paranoia first evoked when a quake hit the Koyna dam in Maharashtra some years ago. Jawaharlal Nehru and his scientific advisers thought succour lay in clean nuclear energy. In 1962 Homi Bhabha, the father of atomic energy in India, projected 20,000 mw in nuclear generation capacity by 1987 based on imported reactors. The target, and future targets, could never rally be achieved. The Department of Atomic Energy which owns the largely indigenous nuclear power program now has a target of 20,000 MWe for 2020 and expects to have 63,000 MWe nuclear capacity on line by 2032. It aims to supply 25 per cent of electricity from nuclear power by 2050. Because India is outside the Nuclear Non-Proliferation Treaty due to its weapons program, it was for 34 years largely excluded from trade in nuclear plant or materials, which has hampered its development of civil nuclear energy until 2009. Due to these trade bans and lack of indigenous uranium, India has uniquely been developing a nuclear fuel cycle to exploit its reserves of thorium. Its current energy derived from nuclear plans is 5,000 mw. According to the government’s own assessments, quoted in the media, electricity demand in the country is increasing rapidly, and the 830 billion kilowatt hours produced in 2008 was triple the 1990 output, though still represented only some 700 kWh per capita for the year. Because of the massive transmission line losses, this resulted in only 591 billion kWh consumption. Coal provides 68 per cent of the electricity at present, natural gas 8 per cent, hydro-electric units giving 14 percent more The per capita electricity consumption figure is expected to double by 2020, with 6.3% annual growth, and reach 5000-6000 kWh by 2050. By the way, there are many who blame coal based units for pollution and question the security and safety, even the displacement potential, of dams meant for irrigation and power. The crippling of the Fukusima plant in Japan in the earthquake and tsunami in March 2011 has for once brought the safety debate into the public domain. The International Atomic Energy Agency’s global expert fact-finding group has in its June report said “there were insufficient defence for tsunami hazards” the likes of which devastated the Coromandel coast of India, as also Indonesia, Thailand and Sri Lanka, some years ago. The Nuclear Power Corp. of India has undertaken safety evaluation of 20 operating power plants and nuclear power plants under construction, suggesting a series of safety procedures, specially for plants along the coastline. The nuclear power lobby says the Russian VVER reactors of 1000 MWe are considered to be quite safe, unlike the Chernobyl graphite RBMK reactors. They have many safety features built in to them, and have an operating life of 40 years. The reactors at Koodankulam have an added “passive cooling” system for additional safety. The more advanced VVER 1200 reactors, with more safety features, are being built in Russia, and would be available for the future expansion of Koodankulam. While 30 VVER-1000 reactors have been built, 19 more are planned or are under construction. China has built two such reactors at the Tainwan nuclear power plant and is constructing six more. The VVER 1000 built in China has 94 per cent of its systems automated, i.e. the plant can control itself under most situations. The IDEA has referred to the Tainwan station as the “safest nuclear power plant in the world”. The lobby says the Koodankulam reactors can be considered to be adequate from the safety standpoint. “There would be no rational reason for stopping the project at this stage, when it is over 95 per cent completed.” The plant is far from major seismic activity, it is said, and therefore the risks are manageable. This is challenged by anti Nuclear activists such as the pioneering journalist Praful Bidwai who has carried out a safety campaign for more than twenty years. The environment impact on the ocean is a more urgent issue. The Koodankulam thermal power plant will require large amounts of cooling water, an estimated 70 cubic metres per second, which will be heated up while going through the coils of the nuclear power plant and will be discharged into the sea. The impact of this warm water on the marine environment is said to be difficult to assess, and would depend on the sea depth, flow rates, and ecology. There have also been some allegations of the health effects of radiation on people living in the vicinity of nuclear power plants elsewhere in India. But India has clearly indicated it will not abandon the quest for nuclear energy. Prime Minister Manmohan Singh is emphatic about the future of India’s nuclear energy programme, saying “there would be no looking back on nuclear energy,: and in fact proposing expanding India’s civil nuclear energy with adequate safety measures. Indian civil society is not convinced if the measures will really be adequate to prevent a future disaster. Koodankulam and the fishermen in its neighbourhood remain apprehensive.