Still smouldering
Following a February 2008 visit to Kandhamal district, Orissa, the scene
of violent anti-Christian attacks in December 2007, some major issues of
culpability, impunity and human rights remain unanswered
BY JOHN DAYAL
When we first came to the Kandhamal hill district of
Orissa on December 29, 2007, we thought that
the worst had been seen of human nature when impelled by political
brinkmanship, bigotry and hatred. Last week my colleagues, advocate
Nicholas Barla, social worker Hemant Nayak, and I discovered how wrong we
were.
On a second visit to Kandhamal we again surveyed the
aftermath of the carnage, arson, desecration and assault of human dignity
evident in the Christmas week violence by Hindutva gangs in district
forests and villages. This time again we saw almost every single church,
house, school or building that had been targeted by the mobs as also the
refugee camp in the Barakhama township high school.
We had expected some decrease in tension in the villages
and hamlets. We thought there would be some evidence of probity and
transparency in the criminal investigation and justice delivery system,
some compassion in the relief and rehabilitation process, some formal
questioning of matters of impunity of police and magistracy, some sense of
responsibility in instruments of governance. And we had hoped for some
contrition in political parties and some conscience in the politicians and
civil society in Bhubaneswar, the capital of Orissa state.
We were disappointed on every single point. It is only a
larger faith in the Indian Constitution, higher judiciary and national
civil society that prevents utter frustration and dismay.
I narrate here just a small part of the continuing misery
and trauma in Kandhamal district, for information and partly for the
record, as truth too fades from memory and from the record books in the
face of the constant deluge of falsehood in a large section of the local
media inventing an anthropological and sociological fiction in its
attempts at rewriting the past.
Archbishop Raphael Cheenath, who first came to Orissa
close to four decades ago as a priest of the Society of the Divine Word,
has described these incidents as diabolic violence, a conspiracy.
In the aftermath, one sees even in the official response
hints of a fascist thesis. The men who masterminded and inspired the
violence, and the fountainhead of this hate, roam the forests free of any
restraint, without fear even of the Constitution of India.
The refugee camp at Barakhama
This is the only refugee camp ever organised in India for
Christian victims of communal violence. Forty-two days after the attacks,
Archbishop Cheenath is at last allowed to visit his people in the affected
area despite my repeated pleas to the state administration. Cardinal
Telesphore Toppo, the president of the Catholic Bishops’ Conference of
India, was also barred from coming to Kandhamal to see the situation for
himself. He could visit only on January 29, 2008, more than a month after
the atrocities.
The district magistrate has ordered that only the state
government can distribute relief, through the Red Cross. NGOs and church
institutions that were in the vanguard of relief operations in the state
during past calamities such as the super cyclone are still not allowed to
bring any relief material. The government is distributing the very basic
level of relief. The people feel that it is not enough to meet their
current needs. It does not cover many issues: health, hygiene and human
dignity.
On my first visit I had seen several pregnant women and at
least five very sick men. I ask about them. Three of the men have died
since I met them. One of them died of an unknown illness. Two others died
of injuries they had sustained in the attacks by members of the sangh
parivar, trained and motivated by the self-styled swami, Lakshmanananda
Saraswati, the local head now of the Vishwa Hindu Parishad (VHP). Why did
these men die in the camp and not at a hospital in Bhubaneswar or the
district capital, Phulbani? No one seems to know. Were the bodies examined
in a forensic autopsy to find the cause of death? Apparently not. Have
people been charged with the murder of these two men? The police and
magistracy are not telling. Under Indian law, cases of criminal assault or
attempted murder are automatically, so to say, re-registered as cases of
murder with clauses of criminal conspiracy added on. No one seems to know
if the police have done so and are looking for the murderers.
The plight of the pregnant women and of women in the camp
in general is possibly worse. Because they are living and have to suffer
the pangs of being a woman in an absolutely primitive situation. The women
have no gynaecological experts available on hand, it seems. There are not
even toilets for them to go to at night. They have to go out into the
fields to answer calls of nature. This, some officials say, is exactly
what they do in normal times. But times have changed. When they and their
menfolk go out to the forest they now face hostile mobs who question their
coming out of the camp. The taunts can be dangerous. The union
government’s police force stands guard but it is only for so long that
they can keep the peace. Even central police officers are worried about
what could happen once they leave.
There is no effort at even beginning a process of dialogue
and reconciliation.
Quite the contrary.
The government’s rehabilitation attempt is designed to
push the Christian refugees into a ghetto.
Not all refugees have land of their own. They cannot buy
land in the area even if they want to because the local people’s minds
have been poisoned by the sangh parivar. The district administration
therefore wants many dozens of them to be settled in a Christian conclave
with about 400 square feet of land for a two-room house each, a house with
a kitchenette but, of course, without a toilet.
The administration however has not been able to find even
this plot of land for them because villagers do not allow the tehsildar,
the junior revenue magistrate, to even measure out the land from tracts
owned by the government. The last time the tehsildar dared to go
and measure the land, the link chain measure being used was snatched and
he was chased away. The police are sheepish. They had blithely looked on
as the majesty of the law retreated before the terror of the sangh
parivar’s goons. And so the refugees stay in the safety of the camp, under
tents, in the cold, without too many blankets. And without toilets.
The plight of students
Repeat visits confirm once again what the prime minister
of India has been told by the church in their representations. How deep
the impact of the violence goes can be gauged by the fact that in the
refugee camp and elsewhere the students face annual exams without books
and without stationery. Many of them will miss out on the matriculation
and secondary examinations; will have to drop an academic year. The older
children may miss out on career opportunities. No one in the
administration seems to care. There is no answer to questions about
whether examinations for these unfortunate students will be postponed for
a few months as was done in Gujarat 2002 or in the aftermath of the 2004
tsunami.
The case of the missing men
Several villages are without men once the sun sets. Such
is the terror of the police against the Christians that the men just
cannot sleep in their own homes. They remain in the forested hills.
Forced conversion to Hinduism
A dozen times and more, we hear stories of isolated
Christian families being made to shave their heads. They are being told to
convert to Hinduism. These stories are repeated all the way from Phulbani,
at one end of Kandhamal district, to Brahmanigaon at the other end in the
east. Archbishop Cheenath, with whom we travelled to some of the areas to
see people’s interaction with him, agrees that their most urgent need is
security, not only for their personal lives but for their existence in
Kandhamal district. "The people are terribly frightened, as if they are
still expecting another onslaught, because the perpetrators of these
despicable crimes on the occasion of Christmas are freely moving about,
brandishing their weapons and shouting slogans and conducting clandestine
meetings. Such were the preparations that ultimately led to this diabolic
attack. And in some areas, in spite of the presence of the so-called
force, looting is still going on from the vandalised locations. The sangh
parivar organised several yagnas or prayer assemblies where hate is
spewed against Christians."
A more detailed questioning of eyewitnesses, and going
through copies of several affidavits and first information reports (FIRs)
that have been posted to senior officers because the local police do not
register the complaints, makes it clear that the attacks were orchestrated
and involved a well-trained core cadre that had been given physical
training and been brainwashed at secret meetings. Eyewitnesses, even at
the leprosarium managed by brothers of the Missionaries of Charity founded
by Mother Teresa, confirmed that the attackers had consumed liquor. They
had gathered first in small groups in different places, waited for their
leaders and then marched towards their target amidst loud shouts of their
Hindutva slogans. Magistrates present in the leprosarium made off as the
mobs collected. The mobs destroyed and burnt everything, and looted all
that they could lay their hands on, including live goats, chickens,
rabbits, and grain and powdered milk meant for the patients. Another
whistle and they melted away into the forest.
In January this year my colleagues and I brought out a
non-government white paper on the Christmas 2007 violence in Kandhamal.
The Christian legal response is slowly taking shape, but
not fast enough, and requires senior guidance. Civil society response is
still non-existent.
The following questions remain:
Culpability of central government
Ø Intelligence agencies, as also central government
agencies working in the area, are culpable for inaction or complicity as
the activities of the sangh parivar, especially the Bajrang Dal, VHP and
Rashtriya Swayamsevak Sangh (RSS), were carried out openly and with
aggressive bravado, including the final planning and details of the
attacks.
Ø The honourable governor has been empowered to ensure
peace and good governance of the scheduled areas under the fifth schedule
of the Constitution. Kandhamal district is a scheduled district. When the
violence took place it should have automatically invoked gubernatorial
action. There is no transparency on the nature of communications between
the district authorities and the state government with the governor.
Culpability of state government, especially its agents in
the district, the collector and superintendent of police
Ø Why did the superintendent of police and collector of
Kandhamal district permit the bandh or agitation called by the Kui
Vikas Samaj on December 25 and 26, 2007, which are government-acknowledged
religious holidays of the Christian community?
Ø The superintendent of police and the district collector
had been repeatedly informed by the people and people in position in the
church about the possible attack on them by sangh parivar followers of
Lakshmanananda Saraswati but they did not order any preventive or
pre-emptive official steps, neither did they arrange for any security
measures for the Christian community.
Ø In Brahmanigaon, Balliguda, Daringbari, Phiringia, the
inspector in-charge (IIC) of the police or the officer in-charge (OIC) of
the police post were aware of the possible attacks on Christians in the
areas within their jurisdiction. Despite this prior knowledge, the
subdivisional police officer and the subcollector, who are directly
responsible for maintaining peace and supervising the law and order
situation, did not take necessary and appropriate action.
Ø The state police intelligence organisations, criminal
intelligence and investigation units, the bureau of intelligence,
apparently either did not know about the impending clash or did not
understand the significance of the information or did not bother to inform
superior authorities.
Ø What was the role of the forest department offices and
staff, as much of the sangh parivar’s activities were taking place there,
including training camps, the plot to cut trees to block roads and to cut
telephone lines, including WLL (wireless local loop) village telephone
systems owned by the Government of India, and telephone structures for
mobile phone transmissions being switched off at strategic times? No
action has been taken to trace the criminals.
Ø The state highways and national highway No. 317 passing
through the affected areas were blocked by trees. How do the authorities
explain the delay in removing the roadblocks, most of which could have
been easily done to allow access to police forces? What is the total
number of trees so felled by the sangh parivar? What action have the
district forest officer and his subordinate officers taken? What was the
role of the forest rangers?
Ø We understand that the ITDA (Integrated Tribal
Development Agency) of the state government, which is directly responsible
for the tribal areas, should have been informing their superiors about
developments but failed to do so.
Ø The state home ministry, which is directly concerned
with issues of law and order, has a full record of past acts of violence
by the Bajrang Dal, VHP and RSS, and of Lakshmanananda Saraswati, and has
been extremely indulgent towards them. It has also been very kind to
Saraswati’s lieutenants, Giani Sahoo, Ramesh Sahoo, Shivananda Patnaik,
Sarupanda Patnaik, Pati.
Ø How many people have been rendered permanently or
temporarily unemployed because of the violence?
Ø Why were the BJP and some other political parties
allowed to tour the affected areas during curfew?
Ø What is the status of the "Danda Daba" (sacred groves)
of the ancient religions of the Adivasis in the region? Have they been
recorded, documented, protected and preserved? How many have been
destroyed, and why, and by whom? Have any cases been registered against
offenders?
Ø What is the number of cases that have been registered
also under the Scheduled Caste and Scheduled Tribe (Prevention of
Atrocities) Act, 1989 against aggressors who injured Christians and
others?
Ø Has the Orissa Freedom of Religion Act, 1967 – OFRA –
the so-called ‘religious freedom law’, been applied against the sangh
parivar? If not, why not?
Ø There has been gender violence against Christian
religious women and other women.
Ø What action has the government taken so far against hate
speeches made by Lakshmanananda Saraswati and recorded by policemen
accompanying him after the December 24 violence?
Ø What steps has the government taken to improve
communications in Kandhamal, including installing more towers for mobile
phones and WLL phones?
Ø Has a case been registered against offenders for the
death of a cow killed in the arson at the convent in Balliguda?
Ø What provisions has the government made for security
once the Central Reserve Police Force leaves the area?
ØWhat are Lakshmanananda Saraswati’s sources of income?
(Dr John Dayal, member, National Integration Council, and
national president, All India Catholic Union, led an independent
fact-finding team to visit Kandhamal district, Orissa on December 29 and
from January 1 to January 3, 2008 (see CC ,
January 2008). Subsequently, the team made another visit to the area from
February 3 to February 7, 2008, which included a daylong stay at the
refugee camp in Barakhama. The above article is excerpted from their
follow-up account of the situation in Kandhamal, "A second postcard from
the Kandhamal forests of Orissa", dated February 10, 2008.)
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