Dalit Christians demonstrate as Sangh launches counter offensive

From John Dayal, New Delhi

18 November 2009

As about a thousand Dalit Christians and Muslims, led by Bishops and several Members of Parliament, demonstrated at Jantar Mantar on Parliament Street today, the Bharatiya Janata party launched a counter offensive to stop converts from the former untouchable castes of Hinduism getting the Constitutional rights so far given to Hindus, and also to those who converted to Buddhist and Sikhs to escape the caste stigma.

The BJP ideology holds Buddhists, Jains and Sikhs to be part of Hinduism, a position rejected by believers of those faiths. The Scheduled Caste affirmative action includes reservations in government jobs and educational institutions, as also representation in Parliament, State legislatures and local self government institutions. There are other legal safeguards to prevent atrocities against Dalits.

The Christian and Muslim Dalit Protest, with people mostly from the Southern States and Punjab softly cautioned the Congress and its allies that the community would look for other political options if their rights were not restored to the January 1950 pristine position – affirmative action without reference to religion. The rally was inaugurated by Delhi Archbishop Vincent Concessao and Catholic Bishops Conference general secretary Abp Stanislaus of Gandhinagar.

Earlier this month, several thousand Muslims had gathered in Patna to make a similar demand, under the leadership of OBC leader Laloo Prasad Yadav and Dalit leader Ram Vilas Paswan, both former Union ministers. The meeting accused the Congress of not being honest in its commitments made over the years to Christians and Muslims of Dalit Origin.

The meeting in New Delhi today saw the Archbishop of Chennai, and even some Congress MPs say they would sharpen the struggle till the rights to Scheduled caste status were restored.

These rights were taken away by a Presidential Order in 1950 which affectively limited political and economic reservations to those Dalits who chose to remain in the Hindu fold. Later, under political pressure, the rights were restored to Dalits an Neo Buddhists, Muslims and Christian continue to be denied rights under upper caste fear of large scale conversions to these “non Indian” religions, and a fear among Hindu Dalits that newcomers to the Scheduled Caste list would eat into their share of the privileges, both arguments affectively denied by the agitators.

On the eve of the Delhi rally, the BJP accused the Congress conspiring to usurp the rights for quota enjoyed by scheduled castes in the Constitution by sticking to its stand on including converted Dalit Christians and Muslims in SC fold."The Congress-led UPA government is adamant to cover the converted minorities and Christians within the quota fixed for scheduled castes under the Constitution," BJP general secretary T C Gehlot told reporters in Patna.

The Press Trust of India quoted Gehlot, also a member of the SC Reservation Rights protection Manch, said the organisation would conduct 'Honour Constitution' functions in every district in the state between November 26, 2009 and January 26, 2010 against the Dalit Christian and Muslim demands.

Miscarriage of Justice in Kandhamal Courts

From John Dayal

12 November 2009

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

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

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

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

I quote from the report:

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

members, church leaders and others participated in the Meeting.

Agenda

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

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

• Observations/Suggestions by the Participants

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

Observations

• Public Prosecutors are mostly found biased against the victims

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

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

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

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

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

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

• Witnesses are threatened/allured to turn hostile

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

Suggestions

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

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

• Assistance from senior and experienced lawyers should be taken up

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

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

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

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

• Local people need to create their own defense mechanism

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

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

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

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

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

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

Decisions

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

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

o Media campaigns

o Keeping watch on legal processes

o Documentation of justice delivery processes

o Social Mobilisation for backing the victims inside/outside courts

,;

Footnote:

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

The stages of criminal cases in series:

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

Difficulties & Lacunas in different stages

(1) Occurrence of the Incident

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

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

(2) FIR

- Non- registration by the police

- The names of the accused persons are not mentioned

- Delay in filing

- In some FIR the offence in specific is not disclosed

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

- The informant himself is hostile in some cases.

(3) Investigation

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

- Non-examination of the important witnesses

- Accused examined as the witnesses.

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

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

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

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

(4) Magistrate

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

(5) Trial

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

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

- The judge and the public prosecutors lacks judicious mind.

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

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

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

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

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

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

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

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

(6) Appeal

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

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

-

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

A cry from Uadaigiri

KUIDINA FORUM FOR PEACE AND JUSTICE
AT-NUA SAHI (KUPANAJU), G.UDAYAGIRI, KANDHAMAL, ORISSA, PIN-762100

Letter No. – 1132/2009 Date – 22.10.2009

To

Sj. Justice R.K. Patra,
Chairperson,
Orissa Human Rights Commission,
Bhubaneswar.

Sub:- Prayer for independent enquiry of case No.472/2009 by OHRC, Bhubaneswar.

Sir,

We express our deepest gratitude for patient hearing of the esteemed members of the Bench on dt.22.10.09 in relation to our case No.472/2009 in the office of the OHRC, Bhubaneswar

That, “Kuidina Forum for Peace and Justice” is a local peoples initiative mostly led by the indigenous women of Kandhamal committed to restore peace and justice and also have been sincerely engaged in peace building processes in almost all the past so called communal violences.

On the petition of “Kuidina Forum for Peace and Justice” dt.28.03.2009, the commission had given a direction to the District Administration for the joint enquiry on the negligence and lapses in the investigation in providing life protection and security arrangement in relation to the victims vide the order dt.05.05.2009 in a joint bench of Hon’ble Justice R.K. Patra, Justice Himadri Mohapatra and Dr. R.N. Bahidar and report back within eight weeks.

Even today after 22 months of major violence took place in Dec. 2007 and the 14 months after the incident took place in the month of August 2008, the victims are still living in a fear of insecurity and terror without any adequate livelihood support system and no enquiry has been made so far to give immediate relief and justice to the victims.

In spite of clear direction of OHRC to give protection to Debendra Nayak of Lingagada vide Case No.549, dt.04.08.08 failed, Issac Digal, G.Udayagiri, Co-ordinator of the Forum was brutally attacked on dt.03.09.09. Karpura Digal, Shankarakhole has not received due compensation for her murdered husband. Attempt to rebuild damaged houses in Dadingia and Gressingia was disturbed due to further attacks as reported (communicated to OHRC on dt.07.09.09). Sumabati Pradhan, Dakedi and Bhabanti Nayak, Godabisa approached His excellency Governor of Orissa but did not get adequate security assistance to return back by the admn. And still facing further attacks. Most of the victims in the petition are facing continuous attacks, threatening and humilitation in different forms even for last seven months since the petition submitted to OHRC. District Administration is very busy in taking up many formal peace initiatives sincerely but the said responsibility seems to be an additional burden.

Large number of complaints are yet to be converted into formal FIRs and even in the justice delivery system Criminals are getting acquitted due to the weaknesses in the investigation and prosecution. There is greater need of protection for the complainants and witnesses in the process. So far 95 persons are acquitted and 24 persons convicted.

The real criminals, the third force, who practically led the violence, supplied all the required financial resources, managed the looted property, supplied explosives, arms, weapons, petrol and cooking gas etc. are still in the dark, not arrested and moving freely to create further violence in future under the defence mechanism of different political parties and organizations, with their predominant, sectarian and divisive attitude.

Though the Govt. has declared the closer of all the relief camps withdrawing the CRPF by the end of August 2009 and claims that the situation in Kandhamal is peaceful and normal, the indigenous women leaders allege that the victims are still not in a position to return back to their native villages, construct their damaged houses and avail the due compensation. The victims are leading a miserable life under the impending fear of death and future attacks deprived of proper security arrangement, Govt. relief and staying in their self managed temporary tents and shelters. 40% of the total agricultural activity has been dropped due to the prevailing chaotic situation and social unrest.

Non-transparent and non-inclusive peace building and rehabilitation process has made the situation more complicated and critical as many agencies and organizations not much familiar with the local egalitarian culture, long standing, symbiotic relationship, traditional non-hostile animistic faith and most importantly the entitlements and the protective constructional provisions and the related rules of all the indigenous forest dwelling communities have started intervening in the process. Resource seems to be mismanaged and underutilized.

The Forum pray your kind self for an appropriate intervention, particularly conduct the enquiry independently through OHRC and advice the concerned authority for an inclusive people based process and due recognition of the voice of the local community leaders without giving further scope to the divisive elements as life of the poorest of the poor is equally important and also requested for displacement of all the officials with sectarian and biased mindset for the greater public interest.


Sd/- Sd/-
(Keshamati Pradhan) (Hemant Naik)
Co-convener Convener
Contact Phone- 9437645267


Dear friends,

Kindly find in attachment the Petition submitted to Orissa Human Rights Commission for intervention in the Peace and Justice restoration process.

Kindly take the necessary action in this regard to strengthen the process collectively.

Yours in solidarity,

Hemant Naik,
Keshamati Pradhan,
Sumabati Pradhan,
Issac Digal,
Debendra Nayak.

Poilice, Media, Maoists

Indian

Police impersonating media persons to reach Maoists, or suspected Maoists, adds a more sinister dimension to the debate on Media and government. This will not only ensure that Media persons are suspect in the rural hinterland, but will seriously expose reporters to risk. This no less critical than media persons being arrested for suspected links with various underground elements

On Murder anniversary in Orissa, , Fast Courts, Faster Acquittals

On Murder anniversary in Orissa, , Fast Courts, Faster Acquittals

Rumours Kandhamal victim was ritually sacrificed.

By John Dayal, with detailed inputs from Ajaya Kumar Singh in Orissa:

September 25, 2009

Why are there so many acquittals in the Fast Track courts trying the cases of murders and arsons in Kandhamal during August-September 2008?

Indian Human Rights groups are aghast at the outcome of murder cases in these courts. In one case the son testified in the court that he was witness to the killing of his father and knows the killers. Yet, the accused were acquitted. And now there are rumours that perhaps it was more than a mere murder – that it was a case of a ritual human sacrifice, for which once Kandhamal was notorious in the country.

In the second murder case, the witness out of intimidation and possibly other considerations including money, turned hostile in court. He was taken to the courts by friends of the accused in their vehicle.

Some families of the victims have in fact been forced to become Hindus and join the RSS, local people say.

In his latest report from Orissa, Ajaya Kumar Singh interviewed the son of the victim who had been dragged from a running public bus full of passengers. At least two witnesses had said he was dragged from the bus only to be found murdered next day by a mob led by the man who later became a BJP legislator. The killer gang and their leader run scot free.

Patently, the police investigation is a sham, so also is the prosecution.

It was an irony that the acquittal came on the first anniversary of the murder. Kantheswar Digal, 60 years, a Catholic Christian of Sankarakhole of Chakapada block was dragged from a public transport and was killed brutally after one month of killing of Swami Laxmanananda allegedly killed by the Maoists.

The judge of the Fast Track court-II C R Das acquitted Pradhan and another accused Mantu Nayak of the murdering Kantheswar Digal.

Manoj Pradhan was arrested in October last year and sent to jail. He, however, won the last State Legislative Assembly election from G Udaygiri segment in Kandhamal from jail. He was released from jail for 15 days in July this year to enable him to take oath as member of the Orissa assembly.

In a separate case, the fast track court acquitted five others accused of setting houses on fire at Tikabali area on August 26, 2008, three days after the killing of Lakhmanananda Saraswati.

With these acquittals of seven persons today, the total number of persons acquitted has risen to 95 while 24 persons have been convicted so far.

Kantheswar left his native village soon after the anti-Christian program along with his wife to escape and stay safely with his only son, Rajendra Digal, 28, in Bhubaneswar. He was a cook in the Parish Catholic Church. All his life time earnings, he invested on a starting of grocery shop. Besides, he was into trading and had a herd of 35 goats. He was enterprising. He could not remain idle in Bhubaneswar as refugee any longer. He had just returned to his village to see his house and livestock presuming normalcy has been restored.

Seeing the violence around, he sold 24 goats for Rs 40,000 in a distress sale and informed his son that he would be returning to Bhubaneswar. He boarded Sagar Suraj Public Bus heading for district headquarter. Public transport is the safest for transportation for the Christian refugees. Hardly, he has travelled a kilometre or so, the hindu radicals allegedly led by Manoj Pradhan stopped the public bus and dragged Mr. Digal in full view of passengers around noon time on 24^th of September 2008.

The old man’s cries went in vain as the attackers dragged him while slashing his leg so that he could not run. They took him to a nearby forest while looting and razing his house and shop to the ground. They took away all 8 goats and feasted the whole night. Digal’s son, Rajendra said, ‘The attackers forced the Christians to become Hindus and join the feast’. Kantheswar was given good feast that night and was taken away to unknown place. Rajendra apprehending danger to his father informed the police and the administration. Thakur Digal filed a missing-personal complaint.

The police did not take interest to look for the missing father, complained the son. ‘After 12 days, Digal’s body was found 40 kilometers away from the village with acid charred face and naked state. The genitals had been chopped off. The body was found along with another Christian couple, who were government officials.

Human Sacrifice?: “I have heard my father was not killed instantly. The fanatics had all the rituals and he was sacrificed”. Rajendra does not know the reasons for all this as his father was a very good person and was close to the church. On being asked about the acquittal of the accused, “ I cannot understand as the attackers are known and there are witnesses, who say that they have seen him being dragged out of the public bus. Yet, they are acquitted”. The lawyer supporting the victim tries to reason out saying the proper investigation and strong prosecution would have made the matter different”.

In another murder related case where a woman was burnt alive in a house while another non-Christian tribal leader was killed for defending the Christians, the five witness families are on the run for testifying the truth while the accused are on a prowl and roaming freely in villages. There are several reports of intimidations and threats for the witnesses against the accused from different villages Dodingia, K. Nuagam, Phiringia and Solesoru testifying before the courts. Police instead of taking action against the people, refused to receive complains.

Dr. Augustine Singh, the psychologist, who had held counsel sessions for the victim’s wife was disappointed at the acquittal. “We need to support the victims’ families and encourage them to keep the fight on so that nobody is denied of justice’.

There is increase demand for protection of the witnesses, strong prosecution and robust investigation before charge sheet of the accused is the unanimous opinions of the Christian communities. “Without these, justice will be derailed, Paul Pradhan, 48, a civil right activist says.

Christians want voice, tickets

Christians want voice, tickets

Mohammed Wajihuddin & Ashley DMello | TNN

Mumbai: Christians have asked for adequate representation among candidates running for the assembly elections . The All India Christian Council (AICC) has asked Congress president Sonia Gandhi to nominate at least nine members from the community in Maharashtra, including three from Mumbai, for the October 13 elections.

John Dayal, activist secretary general, AICC, said that the council had appealed to not just the Congress president , but the heads of all political parties for adequate representation for Christians among candidates.

The AICCs Abraham Mathai said, Christians are politically marginalised. Their voice is seldom heard. To give them a sense of security , its essential they are adequately represented in the assembly. Mathai also complained that Christians were taken for granted by secular parties.

The Mumbai Catholic Sabha has also asked the Congress for seats for Christians. We have supported secularminded parties in elections in the state and we now need our share in representation, said sabha president Dolphy D - Souza, who added that they have demanded that 5% of the 288 seats the Congress-NCP will be contesting should be given to Christian candidates.

Christians account for around 18 lakh people in Maharashtra , eight lakh in Mumbai alone. However, they are scattered, said Mathai. The AICC has recommended three names from Mumbai to the CongressJanet DSouza (Ghatkopar), Agnello Fernandes (Mahim) and Steven Noronha (Bandra). These areas have a significant Christian population and the Congress should consider nominating members from the community for these seats, said Dayal.

The Catholic Sabha is also backing Janet DSouza and wants assembly seat 162 in Malad to be given to a Christian , said Dolphy DSouza .

Christian religious leaders are also concerned about the non-representation in the assembly . The Catholic bishop of Pune, Thomas Dabre, said there were many deserving and secular-minded Christians who should be given a chance.
Nobody raises a voice for us. Our institutions have been attacked, a section of Christians in the state lives in fear, but there is no one to address our grievances. The Congress-NCP should nominate Christians and also see to it they are elected, said Nashik-based bishop Pradeep Kamble.

Truth and Reconciliation in Kandhamal – One year on, the crisis of State continues

By John Dayal

23-24 August, 2009

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

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

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

On 23^rd August 2008, Lakhmanananda Saraswati, the vice-president of the Vishwa Hindu Parishad, was shot dead in Kandhamal, Orissa, a local group of the Left extreme Maoist group claiming credit for killing man they held to be guilty of many anti-people activities in the region. His body was taken around in a day long procession through Kandhamal’s forest villages and townships by the VHP leaders as the police provided help, or just looked on. The violence followed in its wake, as surely as anti Muslim violence had followed in the wake of Lal Krishna Advani’s notorious Yatra 20 years earlier or the anti Muslim pogrom erupted in Gujarat after the bodies of people burnt in the Sabarmati express in February 2002 in Godhra railway station in the state. As in Gujarat, the State looked on, many of its agencies almost abetting the violence by acts of omission and commission. The parallels with Gujarat 2002 continue.

In Kandhamal a year after that dreadful day of 24^th August 2008, the situation remains terrible.

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

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

The threat is potent enough for many Christians to prefer to live in government refugee camps in ghastly conditions because the killers roam scot free in their home villages while the police look on. All this has been documented not just be me since the first spark of 24^th December 2007, but by the international media, and by noted Indian Christian investigative reporters such as Anto Akkara and Vishal Arora. Independent scholars Professor Angana Chatterji of California, and Prof Manoranjan Mohanty and Advocate Vrinda Grover, both of New Delhi have documented this. Even the National Minorities Commission has commented on it. And of course the Church and its Human Rights activists continue to raise the issue with the National and State governments. The uneasy peace is maintained by armed police whose energies have however been diverted to cope with Maoist militant activity in this region and other states.

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

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

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

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

Time is ripe for genuine reconciliation in Orissa and elsewhere, if the State were to take a few small steps.

Demands and Recommendations which the government must implement in Orissa:

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

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

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

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

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

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

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

viii. Provide education to displaced children

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

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

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

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

LEST WE FORGET

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

Some details:

ORISSA

14 (of 30) Districts hit

315 Villages destroyed

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

54,000 Homeless initially

20,000 People still living as Internally Displaced Persons

1,500 People still in Government run camps / enclaves

120 People murdered [Estimated, but not officially acknowledged]

7 Priests/ Pastors killed

10 Fathers/Pastors/Nuns injured

3 Rapes confirmed [One of Nun]

252 Churches destroyed [estimated by State government]

13 Schools, colleges destroyed

827 cases have been registered

6 persons convicted

4 Cases in which all accused acquitted

Registered

2. KARNATAKA

8 (of 29) Districts affected

33 Churches attacked update again

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

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