INDIA’S RELIGIOUS MINORITIES AND THE UNIVERSAL PERIODIC REVIEW OF INDIA’S HUMAN RIGHTS RECORD BY THE UNITED NATIONS HUMAN RIGHTS SYSTEM

INDIA’S RELIGIOUS MINORITIES AND THE UNIVERSAL PERIODIC REVIEW OF INDIA’S HUMAN RIGHTS RECORD BY THE UNITED NATIONS HUMAN RIGHTS SYSTEM

Urgent communiqué from Dr John Dayal, All India Catholic Union, All India Christian Council and the United Christian Forum, New Delhi

January 28, 2008-01-29
Dear Friends

I am sending you a crucial segment of the note that the Indian National Human Rights Commission is reportedly preparing for the Universal Periodic Review of India – and some other countries -- by the United Nations Human Rights Council in April this year.

As far as religious minorities and Dalits go, the record of the NHRC is arguably at par with that of the various National Commissions for Minorities, Scheduled castes and Tribes [the last two were once a single entity and are now split into two]. These organisations have seldom been able to function other than as loyal entities of the Government of the day and its political agenda when it comes to Muslims and Christians, though their record on more general – and larger -- issues such as Police reforms, Torture, Hunger and Poverty is better. This was seen at its most raw when the Bharatiya Janata Party was ruling in the garb of the National Democratic Alliance, and which is still so very visible in State governments ruled by the BJP or its allies, and occasionally even by those where the Congress and others are in power. Without disparaging Indian civilisation traditions, the same passiveness or comparative unconcern, of course, could also be said of the justice delivery system, the criminal investigation system and of police and civil governance in general.

I am sending this material, which I understand is still in a draft form, so that concerned activists, who would otherwise not have access to the NHRC position, can mobilise themselves to persuade the Commission to take stock of issues of religious persecution, official and political bigotry and connivance, government harassment in cases of visas, FCRA, Hindutva violence and probity of the bureaucracy and political administration, as well as matters of impunity. Our experience in Orissa in December 2007-January 2008, and in other states earlier, shows us just how wide the gap is between ground reality and public positioning.

I hope you will be able to express your views on the actual grass roots non-implementation of enacted legislation and rules, as well as the perversion of other official regulations, to the NHRC as well as to the National Commissions for Minorities, Tribals and Scheduled Castes.. I need hardly point out that the Government and the Commissions have sent Muslim and Christian Dalits first into a merry go round of hope and then into a blind alley sealed by a Supreme Court ceiling of 50 per cent on all reservations in government employment and education systems. Most of us cannot fathom just why everyone believes this arbitrary ceiling is sacrosanct, and the deprivation of minority groups is not. Even between minorities, issues of the Christian community, including economic and political disempowerment, find little or no space.

I also understand that the voices of organisations on Freedom of faith and of those challenging persecution do not really find a commensurate place in this discourse towards the Universal Public Review of India’s record.

God bless

John Dayal

Quotation from the NHRC paper for UPR

“Persons belonging to Scheduled Castes and Tribals:

Persons belonging to the Scheduled Castes and Scheduled Tribes have suffered historical injustices, and are hurting because of discrimination and inequality. They continue to face alleged acts of discrimination, untouchability, violence against the human person, atrocities of various kinds, and high-handedness by public servants and others. Caste-based discrimination constitutes an unacceptable assault on the dignity and worth of the human person and an egregious violation of human rights.

It was in recognition of this - and to end such injustice - that Part III of the Constitution of our Republic dealing with Fundamental Rights, contained powerful provisions to combat all forms of discrimination, notably those forms which were based on caste. These provisions of the Constitution, which are justiciable, include inter alia, equality before the law or the equal protection of laws, non discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them, special provision for the advancement of any socially and educationally backward class of citizens as well as Scheduled Castes and Scheduled Tribes, affirmative action through the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services of the State and abolition of “Untouchability”.

To give clear expression to Constitutional provisions, an impressive range of legislative measures have been enacted to end discrimination against Scheduled Castes and Scheduled Tribes. These inter alia include the Protection of Civil Rights (Anti-Untouchability) Act, 1955, the Bonded Labour (Abolition) Act, 1976, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and various land reform acts. In accordance with Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Rules, 1995, the Nodal Officers and Special Cells for Protection of Civil Rights have been appointed in many States/Union Territories. Political representation was guaranteed for Scheduled Castes and Tribes through the proportionate reservation of seats in elected legislative bodies, from Parliament to village councils. To overcome the cumulative results of past discrimination, the government instituted a program of “compensatory discrimination” that reserved 22.5 percent of all central government jobs for members of Scheduled Castes and Tribes. Comparable reservations were provided for state-level employment, and reservations were extended to college and university admissions.

Besides establishing a Focal Point on Scheduled Castes, the National Human Rights Commission made specific recommendations to address atrocities against Scheduled Castes and been has monitoring their implementation at field level.

India has embarked on a programme of affirmative action which is, perhaps, without parallel in scale and dimension in human history. However, it is recognised that much remains to be done to bring to an end the discrimination and inequality that have been practiced for centuries and that this requires both sustained effort and time. It requires change of mindsets. There are inadequacies in implementation which need to be addressed. Legislative and affirmative action programmes are firmly in place, but need to be far better implemented.

The provisions in the Constitution make it incumbent on the State to “take care” of Scheduled Tribes [STs]. In articles 15 and 16 (which refer to fundamental rights of citizens) exceptions are made to ensure that what is needed to be done for STs is done. For example, though equality of opportunity is the policy of the State, an exception is made for reservations. Article 244 enables the State to make special arrangements for development of STs. Article 275-1 enables the State (the central government particularly) to set aside financial provisions to be used for tribal development. If there are any schemes from the state government and the central government approves it then the central government is bound to finance the scheme. So we get all ingredients for the State in terms of the legality and financial arrangements. The State cannot have any excuse that they are not empowered enough. The V schedule is a unique aspect of the Constitution - it empowers the governor of a state to suspend any act of parliament or state legislature if he thinks it is not in the interest of the STs. This he can do even with retrospective effect. A similar aspect is not found anywhere else in the constitution. The VI schedule enables an autonomous district level body to be formed where there is a large percentage of tribal groups. This has been formulated especially for north-eastern region which is unique in many respects. Districts in the northeast can be mini-states - they have a lot of financial, legislative, executive, and judicial power. Education, health care, rural development, social security are all subjects under the State List of Schedule VII to the Constitution, the maturing of our federal systems has prompted the Centre to play an increasing role in these areas
When tribals are displaced by dams and other mega projects, as has happened in some States of the country, they raise important human rights issues. It is necessary to pay heed to the fate of those who pay the price for "development", whether through the undertaking of mega projects or as a result of economic policies that, advertently or otherwise, have the effect of marginalizing the most vulnerable sections of society.
The recognized rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers include the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance and thereby strengthening the conservation regime of the forests while ensuring livelihood and food security of the forest dwelling Scheduled Tribes and other traditional forest dwellers.

The forest rights on ancestral lands and their habitat were not adequately recognized in the consolidation of State forests during the colonial period as well as in independent India resulting in historical injustice to the forest dwelling Scheduled Tribes and other traditional forest dwellers who are integral to the very survival and sustainability of the forest ecosystem.

To address the long standing insecurity of tenurial and access rights of forest dwelling Scheduled Tribes and other traditional forest dwellers including those who were forced to relocate their dwelling due to State development interventions, the Parliament enacted the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. It recognizes and vests the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded; it also seeks to provide for a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting in respect of forest land. This Act received assent of the President on 29th December, 2006. On 1st January 2008, rules were notified for the implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

The National Human Rights Commission intervened in a number of cases involving displacement of tribals. At the policy level, the Commission recommended that the Central and State Governments re-examine and appropriately amend their laws, regulations and practices in order to ensure that, when it comes to acquisition of land for purposes related to national economic development, the provisions of the Constitution, as expounded by the Supreme Court and as contained in international instruments to which India is a party, notably ILO Convention 107, are fully respected. This is essential if the 'national interest' was to be reconciled, as it can and should be, with true respect for the rights of the weakest sections of society.


Minorities:

The first Statutory National Commission for Minorities was set up on 17th May 1993. On 23rd October 1993 five religious communities viz. the Muslims, Christians, Sikhs, Buddhists and Zoroastrians (Parsis) were notified as minority communities. As per the 2001 Census, these five religious minority communities constitute 18.42% of the country’s population. Despite the safeguards provided in the Constitution and the laws in force, there are concerns among members belonging to minorities about inequality and discrimination.

In order to address such concerns, the new Ministry of Minority Affairs was set up. The National Commission for Religious and Linguistic Minorities and the National Commission for Minority Educational Institutions have also been set up. The Government approved the proposal to grant Constitutional Status to the National Commission for Minorities to infuse greater confidence among the minorities about its working and the effectiveness. The Prime Minister’s New 15 Point Programme for welfare of minorities covers (1) Enhancing opportunities for Education (2) Equitable Share in Economic Activities and Employment, (3). Improving the conditions of living of minorities (4). Prevention & Control of Communal Riots. It was also decided that 15% of the funds may be earmarked wherever possible in relevant schemes / programmes, for the nationally declared minorities. The 15 Point Programme has been recast to focus action sharply on issues intimately linked with the social, educational and economic uplift of minorities and provide for earmarking of outlays in certain schemes so that the progress is monitorable.

The Government approved relief and rehabilitation of victims of communal riots in Gujarat of 2002, on par with the measures taken in respect of victims of anti-Sikh riots of 1984. The Union Cabinet gave its approval for the enactment of Legislation titled “The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005.” This Bill is aimed at i) Prevention of communal violence / offences; ii) Speedy investigation; and speedy dispensation of justice; iii) Imposition of enhanced punishment on the persons involved in communal violence / offences; iv) Providing relief and rehabilitation facilities to the victims; v) Creating institutional arrangement for speedy investigation, disposal of cases, providing relief and rehabilitation to the victims. vi) Empowering the States / Central authorities to discharge their duties in assisting victims in the matter.

As there was lack of authentic information about the social, economic, and educational status of the Muslim community of India, a High Level Committee was constituted on 9th March, 2005 under the Chairmanship of Justice Rajinder Sachar to prepare a comprehensive report on this subject. After extensive consultations, the High Level Committee submitted its report on 17th November, 2006. The report made recommendations with regard to education, skill development, employment and economic opportunities, poverty and development and social conditions of Muslims. The Sachar Report on Social, Economic and Educational Status of the Muslim Community of India has produced a compendium of authentic information required by the Government for planning, formulating and implementing specific interventions, policies and programmes to address issues relating to the backwardness of the community. As a follow up action to the Sachar Committee Report, the Government proposes, among others, to take the following actions:

It has been decided in principle to set up an Equal Opportunity Commission (EOC) to look into grievances regarding discrimination. An expert group will study and recommend its (EOC’s) structure and functions.

In order to promote diversity and social inclusion in educational institutions, work places and living spaces, an expert group has been constituted to propose an appropriate “diversity index”. Such an index can be the basis for providing incentives for better representation in all three areas mentioned above.

A National Data Bank (NDB) and an autonomous Assessment and Monitoring Authority (AMA) will be soon set up which will analyse the data so generated and suggest appropriate policies to Government on a continuous basis.
END OF QUOTATION

Justice delayed for Dalit Christians

Buta Sigh, Government, and Court delays frustrate justice for Dalit Christians
From John Dayal
New Delhi, 23 January 2008
An estimated twenty million Christians whose ancestors converted from the once untouchable castes of medieval India were today left confused if justice for them lay in the courts of law, the Parliament, or just in prayer.
The Indian government at last admitted in the Supreme Court today that various official commissions had indeed recommended that such Dalit Christians [and Muslims] get the same civic rights that are given to Dalit converts to Hinduism, Buddhism, and Sikhism without hurting the interests of those communities.
But the Government however still refused to disclose if it was accepting the recommendations of panels headed by former Chief Justice of India Rangnath Misra and National Scheduled Caste Commission chairman Dr Buta Singh, a former Union Cabinet minister and once governor of the state of Bihar. It sought, and was given, eight weeks to come once again before the Court with its response.
Additional Solicitor general of India Gopal Subramaniam presented before a three-judge bench of the Supreme court, headed by chief Justice K. G. Balakrishnan, the letter of Dr Buta Singh which said: “The National Commission for Schedule Castes, New Delhi at its meeting held on 18.9.2007 while framing its views on recommendations contained in the report of the National Commission for Religious and linguistic minorities (NCRLM) and The Prime Ministers high level committee – social, economic and educational status of the Muslim Community of the India, concerning specification of Scheduled Caste convents to Christianity and Islam has decided the “Reservation should be extended to them, but the share of 15 per cent of Scheduled Castes should not be disturbed and the element of reservation for these communities (Dalit Muslims and Dalit Christians should be determined by the Government keeping in view of their population. As per the direction of the Supreme Court, the overall reservation of 50 percent has to be maintained ’’. Accordingly a communication has been made to the Ministry of Social Justice and Empowerment, Govt. of India for further necessary action.”
Mr. Subramaniam, the senior law officer of the government, requested the Chief Justice to give the government time for to make up its mind on the But Singh recommendations. The bench, which also included Justice R.V. Raveendran and Justice J.M. Panchal, agreed, despite a spirited challenge by a battery of lawyers appearing for the Christians, including former Law Minister Ram Jethmalani and Senior advocate Prashant Bhushan.
These recommendations by Dr Buta Singh and Justice Misra may call for not an administrative decision as much as a major political position which Congress governments have fought shy of since the then President, Dr Rajendra Prasad – a senior Congressman -- signed a controversial order in 1950 – the year the Constitution of Independent India was signed into law – under pressure from orthodox Hindu political leaders.
That Presidential order effectively made the former untouchable castes to lose all affirmative action privileges such as priority in employment and education if they opted for any religion other than Hinduism. Though this went against India’s secular declarations, the Presidential order was legislated into caste iron law which has been upheld by various courts, including the Supreme Court till a recent challenge in public interest litigation.
The recent legal challenge draws strength from government decisions giving rights of preferential employment and education to Dalits professing the Buddhist and Sikh religions, faiths which, like Islam and Christianity, do not discriminate on grounds of untouchability but whose followers do face real social marginalisation in India’s still morbidly caste-ridden society. Christians and Muslims also face such social infirmity. In several states, Dalits of all faiths carry out the most menial of tasks, including manual scavenging and are amongst the poorest of the poor, living on the margins of villages, doomed to draw water from separate wells and enied any semblance of social equality. It was only late in the twentieth century that many Dalit Christians in several districts could bury their dead in common cemeteries and share church pews with converts from the upper castes. Government studies have shown that remnants of such ostracisation still persist across religious groups,
Dr Buta Singh’s report puts the government in a quandary. It must either challenge the Supreme Court’s entirely arbitrary ceiling of 50 per cent on all reservations for India’s many deprived and depressed communities which go under labels such as Scheduled Castes, Scheduled Tribes, Other backward Communities and Most Backward communities, or come to Parliament for new laws to devise other creative categories that circumvent the legal limitations.
It may run foul of an increasingly aggressive resistance from India’s upper castes as also from rapidly Hinduised but still very underprivileged communities who feel threatened by any demand, especially from religious minorities, which may seem to cut into the limited cake of government jobs and seats in medical and engineering colleges.
Christians hardly constitute a powerful political block to attract government largesse, and Muslims, who are politically important, face opposition from the Sangh Parivar and a section of the ruling Congress party.
Religious minorities are looking towards a test case in the south Indian state of Andhra Pradesh where the government, also ruled by the Congress party, wants to help out the very large concentration of Muslim population in the province which constituted a potent vote bank.
The Andhra Pradesh High Court has indicated – going by news agency reports – that it will constitute a seven-member Constitution bench to hear a batch of writ petitions filed in support of and against the four per cent reservations to backward groups among Muslim. Backward communities are not in the same category as Shielded castes, but any legal debate on this segment will cast its shadow on the discourse on rights for Dalit Muslims and Christians, and will boost morale of community leaders. Religious minorities listed as backward communities do get economic, employment and education benefits in several states.
A larger bench of the High Court comprising Justice Meena Kumari, Justice B. Prakash Rao, Justice D.S.R. Varma, Justice A. Gopal Reddy and Justice V. Eswaraiah, is presently hearing the batch of petitions relating to the reservation issue. This bench has indicated it may refer the case to a seven-member constitution bench. New Delhi: The Supreme Court on Wednesday granted the government two weeks' time to take a stand on the quotas in state jobs and educational institutions for Dalits among Muslims and Christians.
A very frustrated leadership of the Dalit Christians has held many demonstrations in New Delhi while their appeal has repeatedly been adjourned in the Supreme Court over much of last year.
Dalit Christians are concentrated in parts of Tamil Nadu and Andhra Pradesh, as also in some districts of Punjab, Kerala, Maharashtra, Gujarat, Madhya Pradesh and Uttar Pradesh and Bihar. But it is only in Andhra and Tamil Nadu that are of political significance. The state governments and several regional parties have extended their support to the Dalit Christiana and Muslims. However, the powerful Bharatiya Janata Party, a significant segment of the Congress party, are aggressively opposed to any concessions to Christians and Muslim Dalits.

Autonomous body mus probe communal violence

Retired judges say Indian minorities should not feel insecure
<http://www.dailytimes.com.pk/default.asp?page=2008%5C01%5C20%5Cstory_20-1-2008_pg7_43>
Christian leader says civil society looked away while Christians were being attacked in Orissa
Retired police officer says police have become party to communal riots
By Iftikhar Gilani
NEW DELHI: Two former chief justices of India on Saturday called for removing the sense of insecurity in minorities, equal opportunity, and speedy trials in communal riot cases. Former chief justice of India, Justice (r) AM Ahmadi said a sense of insecurity in any section of the society could jeopardise the peace, prosperity, and stability of a country. “It is time to create an environment in which people can live without fear,” he told a seminar organised by the Institute of Objective Studies (IOS). Referring to the attacks on Christians and their churches and hostels in Orissa, Justice Ahmadi said minorities were being marginalised and their voices silenced by instilling fear and insecurity.
Another former chief justice, Justice (r) VN Khare, called for an autonomous body to look into cases of communal flare-up and prosecute offenders of communal riots. “A de facto doctrine of equality should be given to minorities,” he said.
Looked away: John Dayal, president of All India Catholic Union, was dissatisfied with the civil society’s response to communal flare-ups. He said the civil society “looked away” when Christians were being attacked and raped in Orissa.
Police now a party: Former senior police officer Chaman Lal said communalism was no longer an urban phenomenon, but also existed rural areas. Police had earlier been accused of inaction, he said, but had now become a party to communal riots. He said the secular fabric of India was under threat. “Security of the state and human rights can be assured if police take their duty seriously,” he stated.
A resolution passed at the end of the seminar underscored legal literacy in and accountability of administrative and law enforcement agencies by incorporating the principle of command responsibility.
-----------------------
The Hindu, New Delhi
Date: 20/01/2008
URL: http://www.thehindu.com/2008/01/20/stories/2008012057040800.htm
‘An autonomous body needed to probe communal riots’
New Delhi: Favouring the creation of an autonomous body to look into cases of communal flare ups and prosecute offenders, former Chief Justice of India V.N. Khare expressed concern over growing insecurity among minorities in the light of attacks on churches in Orissa. He said there should be an autonomous body to look into cases of communal riots. “De facto doctrine of equality should be given to minorities,” he said.
Speaking at a discussion on “Issues of Insecurity of Minorities and Efficacy of Law”, organised by the Institute of Objective Studies here on Saturday, Justice Khare said the first duty of a democratic State was to protect minorities.
Endeavour
Justice A.M. Ahmadi, former Chief Justice of India, said there was an endeavour on the part of certain groups to sow the seeds of insecurity in minorities. Referring to the attacks on Christians and churches in Orissa, Justice Ahmadi said, minorities were being marginalised and their voices silenced by instilling in them a sense of insecurity. “The culture of impunity is growing,” he said, according to a communiqué from the Institute.
John Dayal, President All India Catholic Union, alleged civil society was dead in Orissa. Christians were brutally beaten up, their prayer halls, hostels and other properties were put on fire, but the state machinery was a “mute spectator”. - PTI
© Copyright 2000 - 2008 The Hindu
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Press Release
New Delhi, Jan. 19: A sense of insecurity in any section of society has the capability to jeopardise peace, prosperity and stability of a country. It is time to create an environment in which people could live without fear. This was the view of speakers of a discussion on “Issues of Insecurity of Minorities and Efficacy of Law” here at India International Centre. The programme was organised by Institute of Objective Studies. The participants also discussed as to how to make the law more efficient.
Presiding over the discussion Justice A.M. Ahmad, former Chief Justice of India, said there was an endeavour on the part of certain groups to sow the seed of insecurity in minorities. Referring to the attacks on Christians and their churches and hostels in Orissa, Justice Ahmadi said, minorities were being marginalised and their voices silenced by instilling in them a sense of insecurity. “The culture of impunity is growing.”
Former Chief Justice of India Justice V.N. Khare, who was the chief guest, emphatically said first duty of a democratic state was to protect minorities. Justice Khare said there should be an autonomous body to look into a case of communal flare-up and prosecute offenders of communal riots. “De facto doctrine of equality should be given to minorities,” he averred.
Dr John Dayal, President All India Catholic Union and Secretary General, All India Christian Council, narrating his experiences in the State, said civil society was dead in Orissa. Christians were brutally beaten up; their prayer halls, hostels and other properties were put on fire. But the state machinery was a mute spectator.
Justice Rajender Sachar, Prof. Iqbal A. Ansari, Mr. Chaman Lal, Mr. Yousuf Hatim Muchchala, Father Dominic Emmanuel, Dr Abusaleh Shariff also spoke on the topic.
At the end of the deliberations, the following resolution was adopted:
The Central Government should take measures to develop a culture of courage and enable the civil society to meet the threat posed by the Hindutva elements; human Rights regime in the country should be put in its right place through legal literacy and accountability of administrative and enforcement agencies incorporating the principle of command responsibility. The case of Bilkis Bano’s case (transferred from Gujarat to Maharashtra pursuant to Supreme Court’s directions) proves the point that a lay citizen takes courage to vindicate her human rights, justice is meted out; Insecurity has taken all minorities into its grip and measures for controlling violence are required to be extended to all sensitive localities and regions. Insults are heaped on Christians and Churches and destroyed in Orissa with impunity and their properties and lives are destroyed; hate campaigns having become a regular feature of certain groups to meet their political ends, there should be zero tolerance towards such dangerous activities by the authorities and appropriate legislation be enacted making authorities liable for their non-action in such matters.
It also demanded that measures like observance of administrative ethics and accountability to minorities should be effectively used to prevent communal violence and loss of life and property of the members of minority communities.
It mooted a people’s movement aligning all disadvantaged groups to be launched, making it incumbent on the civil society to come forward and play its role in curbing growth of hate and intolerance deliberately encouraged by some vested interests. In this connection, it was also deemed necessary that the corporate world should discharge its social responsibility towards disadvantaged groups of people and come forward with positive policies on issues of maintaining social and economy harmony in the country.
Akhter. PR Executive, Institute of Objective studies, New Delhi 19 January 2008

Seema Mustafa, Asian Age, on Orissa

Asian Age, New Delhi 19 January 2008

http://www.asianage.com/presentation/leftnavigation/opinion/opinion/state-of-terror.aspx

State of Terror
Seema Mustafa
It was a near midnight telephone call from colleague and trusted friend John Dayal. The panic in his voice carried over the telephone lines: "Do something, we cannot get through to anyone, the people are surrounded in Orissa, they are going to do another Gujarat." He had slammed down the receiver before one could respond. Do what John? Call whom? Who is going to listen? No one cares. Oh yes, after the violence is over they will all emerge, clucking their tongues, announcing compensation, denouncing violence, but that will all be after the event. Images of Ahsan Jafri, the veteran Congress leader, calling everyone from Gujarat to Delhi for help as the mobs gathered outside his house, flashed by. He was brutally butchered.
The Congress disappeared from Gujarat then, as it has disappeared from Orissa today. Violence has become a state subject, with state governments being given full freedom to terrorise and kill Indian citizens at will. Orissa chief minister Naveen Patnaik had little to say about the violence that targeted the Christians in the state, so little that he actually appeared to endorse it. The report of the National Minorities Commission has come like a gust of fresh air as it has confirmed that the violence was premeditated. And what was worse, the state government had full knowledge of it but did nothing to protect the traumatised people who went through hours of sheer terror as mobs vandalised, burnt and attacked them and their places of worship.
The NCM took suo moto cognisance of the violence following media reports. It was not asked to take note by the Central government, read the home ministry that does not react to such violence in any part of the country. Home minister Shivraj Patil has decided that communal violence should be ignored, and the government must not react to the attacks on the minorities in any part of the country. He has reduced his ministry to a cipher, where it does nothing to prevent violence, to ensure action against the perpetrators of violence, and the dispensation of justice. Everything for this ministry is a state subject — although it does not hesitate to hold meetings on the Naxalite issue, sponsor and support questionable tactics such as Salwa Judum in the states, and yet maintain a grim silence when PUCL activists are arrested and hounded by the state police as being pro-Naxalite with little or no evidence at hand. Mr Patil has established himself as the most incompetent minister in the Cabinet, and strangely enough, that is the reason why he has survived every Cabinet reshuffle. Inefficiency pays, overzealousness attracts unwarranted attention and jealousies, and such ministers are either dropped or left with little more than panchayati raj.
The NCM found that the violence against the Christian community was "organised and preplanned." It also found alarming that despite the fact that the "Christian community had given prior information to the government and the administration that it was apprehending trouble, sufficient steps were not taken to prevent the violence." What has gone wrong with our politicians, with those elected to power to protect all citizens of India regardless? What is wrong with these people who support and condone the worst kind of violence, and even participate in it? What is this sickness that has taken hold of their minds, where they see the people of India through the prism of caste and communal hatred?
True, hatred and divisiveness are the stated ideology of one group, one parivar that revels in inciting death and destruction. That creates stereotypes and spreads anger and hatred. That cashes in on frustration to motivate anger and subsequent violence. But what about all the others who are in power, and watch helplessly, and often, as in the case of the Orissa government, with a level of connivance and even delight. How is it that those who preside over pogroms are feted, wined and dined by supposedly respectable leaders of India? How is it that no one holds them accountable for the violence that has left hundreds and thousands dead? What is happening to secular, democratic India that gained independence with the pledge to treat all equally, to wipe the tears from every eye, to bring liberty and justice to its people?
Our policies create monsters, and then in tackling these we beat the poor and the oppressed mercilessly. Terrorism was converted by our governments here into communalism, and used to beat innocent Muslims all over the country — in Andhra Pradesh and Maharashtra, in Gujarat and Rajasthan. Not a single terrorist has been caught, but hundreds have been imprisoned, beaten and tortured as the police and administration have been given the latitude to do what they will. The same is happening in the name of tackling the Naxalite problem. Salwa Judum, where the poor were made to attack and kill the poor by cynical and unscrupulous governments, has fortunately been exposed as a terrible policy. But that has not stopped the administrations of the affected states from attacking the poor and arresting the civil rights activists who are trying to highlight the plight of the poorest of the poor. Naxalites are not these hydra-headed monsters, they are the poor of India who do not get even one meal a day, and have been convinced, wrongly of course, that violence is now the only way to get justice. The problem has two dimensions: one of social equity and justice, and the second, of law and order. Our home minister, unfortunately, does not understand the first as social justice does not seem to be part of his vocabulary.
There is a certain silence in Delhi about the role of the Vishwa Hindu Parishad and its mentors in Orissa. There is complete silence about the role of chief minister Naveen Patnaik who has added insult to injury with a compensation package that basically confirms his support for those who sought to take justice into their own hands. The NCM has done a good job, but its jurisdiction is limited. It has little strength except as a moral force, and morality and conscience are certainly not the weight that politicians carry these days. Terrorism is happily recognised by all as violence. There are no two views on this, even though in the name of terrorism state governments take actions that are unjust and highly questionable. Why is communal and caste violence no longer given the same status in India? Why does it not, at least, earn pious homilies from those entrusted with India’s national security, as it actually corrodes and destroys the innards of Indian polity?
Surely, even the politicians seeking to lead the country, at the Centre and the states, today realise this basic fact. Of course, there is one group that is wedded to the polity of hate and injustice. But what about the others? The silence is now ominous, as it is indicative of a certain apathy and perhaps even a lurking sympathy for those seeking to destroy India through the politics of hate. And what is worse, as has been the case in several states in recent years, use the administration and the police to wreak state terror more effectively, and with far more dangerous consequences than the governments today are prepared to admit. When a terrorist attacks, the people turn to their government for help? When they become the victims of terror unleashed by the state, who do they turn to for help? If this question is understood and the answers are placed in the correct perspective, then perhaps, the government can even today come up with a policy that is genuinely pro-people and pro-India.
But first, get Mr Patil out of the home ministry and find someone who understands and is sensitive to the real politics of India. One can suggest at least two names even amongst the present lot, but such is the paranoia of the Congress in power, that the suggestion from these columns will effectively place the two individuals in the dog house. After all, the reason why Shivraj Patil continues to head the most important ministry of India is because no one likes him, and he is answerable only to the powers that be. The country be damned.

White Paper on Hindutva's Anti Christian violence in Orissa, India, during Christmas week 2007

NON GOVERNMENT WHITE PAPER
ON THE VIOLENCE IN THE KANDHAMALA DISTRICT



PRELIMINARY REPORT OF THE FACT FINDING TEAM
LED BY DR JOHN DAYAL WHICH VISITED THE KANDHAMALA DISTRICT, ORISSA ON 29TH DECEMBER – 3RD JANUARY AND FROM 1ST JANUARY TO 3RD JANUARY 2008


RELEASED AT BHUBANESWAR 5TH JANUARY 2008


Index:
1. Introduction: A tragedy that was waiting to happen and a tragedy that could repeat itself. Conclusions from the facts as the Fact Finding Team found them.
2. Significance to Orissa state, Nation, and Church in India -- issues of grave concern
3. Fact Finding Team Composition
4. Tour programme; Phulbani aborted visit 29-30 December 2007, and the second visit and 1st to 3rd January 2008
5. Narrative
6. Main Findings of simultaneous violence
7. Suggestions to Union and Orissa Government and Church;
8. Annexure : Illustrative case histories

1. A tragedy that was waiting to happen and a tragedy that could repeat itself. The following are urgent conclusions from the facts as the Fact finding team found them.

1.1 The Events in the Kandhamala hill district of Orissa in the Christmas Week from 22nd December to 1st January 2008 are a story of a tragedy foretold, of political and official condoning, if not actual support to the activities criminals and political activists spreading bigotry, the ideology of hate and violence. It is also a painful narrative of police and administrative indifference, repeated complicity and consistent incompetence. And finally it is the documentation of an utter collapse of the law and order machinery on 24th, 25th, 26th and 27th December 2007. So much in a state where Christians number about 2 per cent, less than the national average.

1.2 There is an urgent Caution, and a Warning in the Kandhamala developments: Unless everyone – Union Government, Orissa Government and its agencies, and religious, social and development agencies wake up and act in concert, there is more tragedy waiting to happen. Like a coalfield fire, passions and tensions are simmering, wounds are suppurating. Only a Judicial Enquiry by a Supreme Court Judge, assisted with the findings of a criminal investigation by the Central Bureau of Investigations, meets the ends of justice.

1.3 It is beyond doubt that the violence was premeditated, pre-planned and the work of a well disciplined group to ensure simultaneous eruption across the Kandhamala district within hours of the first incident, and to sustain it for five days despite the presence of the highest Police officers in the region. It is clear that the attackers were, in the main, upper castes non-tribals and non-Dalits, migrated from other districts of Orissa and other states, though some youth of the suppressed communities had been persuaded to join the mobs. The role of the Rasthriya Swayam Sewak Sangh, Bajrang Dal, the Vishwa Hindu Parishad, the Vanvasi Kalyan Ashram and their extension organisations must be subject of an intensive investigation by the Central Bureau of Investigations.

1.4 The sequence of events is quite clear. The Christian community and its institutions were targeted for more than 48 hours with the police looking on, and being physically present at the spot in many cases. The anti Christian violence continued till 27th December 007. The anti Hindu violence in Brahminigaon took place more than 60 hours after the first Church was burnt down.

1.5 There are unique, unprecedented and possibly dangerous elements to the Kandhamala violence of Christmas Week 2007, although the state has an unhappy history of recorded and unrecorded persecution of Christians, including the burning alive of Australian leprosy mission worker Graham Stuart Staines and his sons Philip and Timothy, and Fr Arul in 1999, attacks in Rakia block of the Kandhamala and other parts of the hill tracts of Orissa.

1.6 This is the first time at least one Hindu Oriya non-tribal house cluster has been destroyed by arsonists, affecting perhaps a total of 97 families in the villages of Brahminigaon and Godapur.

1.7 This is the first time that there has been reported incident of an exchange of fire between the police and a mixed group of tribals, non tribals and outsiders in Bamunigaon on 27th December 2007. It is in fact a dubious first for India in which Christians’ involvement is alleged. This by itself must be subjected to close study by academics and state organisations, as also by the Christian leadership.

1.8 This is the biggest recorded case of such a allege number of Christian houses burnt, in Brahminigaon and Barakhama, other than Churches, convents and Hostels which have been targets of violence in other states, most notably in Gujarat 2002, Rajasthan, Madhya Pradesh, Chhattisgarh, Jharkhand, Karnataka, and occasionally even in New Delhi, Haryana, Punjab and Kashmir. We have recorded over 200 cases of violence across the country before the outbreak in Kandhamala in Orissa.

1.9 The burning of medical centres and hostels speaks of a criminal disregard for humanity and the welfare of the people. We were told of several instances where nuns said they and their patients were in need of food and medicines.

1.10 This is the first time in history since Independence that may be 3,000 Christian men, women and children are forced to live in two refugee camps, eating boiled rice not fit for human consumption because of the quantity of sand and grit, and living in the cold wit no toilets, precious little medical care and no woolens. In the camp in Brahminigaon, they share this misery with their Hindu brothers and sisters. The irony is not lost. In the Super Cyclone and other natural disasters that devastated the state of Orissa in the past, Christian NGOs and Church groups were almost always among the first to set up relief camps and rehabilitation projects for the common people irrespective of the consideration of religion and ethnic identity.

1.11 The quality of violence against the Christian faith must be recorded so that lessons can be learnt. It has to be seen to be believed. Hate so deep and pungent does not augur well for the country, and of course, poses an immediate threat to the ideals of secularism and freedom of faith the right to life and the right to dignity enshrined in the Constitution of India. Church buildings are broken, nuns manhandled, priests chased away, convent cows killed as their straw is set afire. These are heinous crimes. The ravishing of statues of Mary, grinding her face under foot till nothing remains but shreds, desecrating the Host which Catholics hold to be the Body of Christ, and vandalizing of ritual holy material before setting everything on fire speaks of a ideologically cultivated venom that has percolated deep and will need deep political and social activism to quell, defeat and eliminate.

1.12 The police force of the district failed on all counts. Government must ensure that in future police action is not thwarted by roadblocks, however big the tree that has been felled, communication failure and lack of mobility. It is a matter of regret for the people of the state, and shame for the Orissa Police authorities, that several incidents of grave violence and heinous crime were committed while the police look on. This happened in more than one block headquarters

1.13 It is a matter of regret that till 3rd January when we spoke to the last police officer before leaving the district, we recorded an extremely partisan, even bigoted, behavior in senior field police officers of the rank if Circle Inspector and Sub Divisional Police officer. Senior development officers of the rank of Commissioner in their language to the victims, and to us, displayed a condemnable cynicism and bias towards a minority community. We are happy to record that junior and young tehsildars rushed in the last days show a more humane nature.

1.14 There is a continuing reign of terror. Many villages are now villages of women. The men are in hiding. Elsewhere, entire villages are deserted. Steps must be taken to create a situation in which the people can return to their homes and not live in terror.

1.15 Despite four days of extensive investigation, we have not been able to speak authoritatively of the number of dead killed by arsonists, in clashes, in police firings, or of injuries. Two dead in Brahminigaon and two dead in Balliguda are confirmed by the police -- the one killed in police firing remains unidentified. Any one dead body just confirms a single death, but does not tell how many others may have died whose bodies have not been recovered by the authorities.

1.16 Similarly, only major Church buildings, particularly of the Catholic Church and the Church of North India and the Baptist church can be easily counted because they are along the roadside in major crossroads and towns. Independent Evangelical churches and mission stations of major denominations exist in villages which have still not been reached.

1.17 The State Government’s claims of an overlay of the issues of Maoist activities in the region, the agitation of the Kuis, and the Christmas Week violence is not tenable. The presence of Maoist or Naxalite and the Kui movement are real in some blocks, but the nature of the violence against Christians is in a group by itself. Whatever overlay does exist could have been overcome and much violence prevented if the authorities had not given permission to the hartal, or closures, on Christmas Day, a date with which they are, and ought to be, familiar as educated persons.

1.18 Attempts are also being made to present the incidents as a Tribal versus Christian conflict. The evidence is to the contrary. The relations between Christian tribals and Christian Non tribals, Christian Dalits and Dalits of other faiths, as well as between Christians belonging to the tribal and Dalit communities remain cordial as they have been historically. The issue that remains pertinent is the targeting of Dalit and Tribal Christians by political-religious fundamanentalists.

1.19 It is clear that Christians, both Tribals and Panos, and Dalits of various religious persuasions, are particular victims of violence. Persons opposed to the demand by a section of the community to seek Scheduled status have mobilised and hijacked some of the youth of their followers to join the mobs in various hamlets and town. The issue of Scheduled Tribe status must be amicably resolved with the help of a judicial or similar commission, and through appropriate enquiry without delay.

1.20 The government must, also, sympathetically consider the classification of a group of people who are being discriminated twice over because of their religion. This is a group which was listed as a Scheduled tribe under the British government, and then listed as a Scheduled caste by the State administration. Those of them professing the Christian faith are denied protection of the law, and access to affirmative action programmes of the government, on both counts. They do not get Scheduled Caste Reservation and other privileges because hey are now Dalits. And they do not get the privileges their Dalit brothers and sisters get because as Christians, they are no longer supposed to be even Dalits. They remain in an inhuman, un-Constitutional limbo, discriminated against just for their religious beliefs. This discrimination must end forthwith if the guarantees under the United Nations Charter and the Indian Constitution of Freedom of Faith are to have any meaning.

1.21 The Government of India, the Supreme Court of India and other State agencies must take notice, and learn their lesson. Peace committees as being constituted are not the answer. They have lost credibility. Victims have lost faith in committees constituted of their persecutors. Truth and Reconciliation and an entirely unbiased State are the answer. Every one has a role to play in this.

1.22 Keeping in view the deep distrust that victim communities have of the local police officers, Central Police Forces must remain in the area will confidence is restored.

1.23 Peace and reconciliation will be possible only with justice and truth. The guilty must be identified, prosecuted with all the might of the State. Biased officials, as much as corrupt officials, are responsible for the lack of development in the Kandhamala region. They must be identified so that they are never again in command positions where they can join with communal political elements pursing their agenda of hate. There are many wise suggestions contained in the Justice Wadhwa Commission report that enquired into the murders of the Staines family, as also in other commissions set up in the aftermath of communal incidents in other states. They need to be implemented, specially those relating to the police and the administration, and fundamentalist organisations, if Orissa is to remain peaceful.

1.24 Orissa does not have forums such as a State Minorities Commission which can move fast to restore confidence. The State Minorities Commission, as recommended by the national Minorities commission, must be set up soon with statutory powers.

1.25 Relief too must consist of materials and compensation according to national standards set in states which see communal violence and persecution, and it must also contain compassion, fairness and transparency.

1.26 Irrespective of the slogan Swami Lokhanananda Saraswati, who has made Kandhamala his home in recent years with an avowed objective of purging the region of every Christian presence, Christians are not Enemies of the people of India, or of the State. To say that, as he says repeatedly even in the presence of the police, “Whosoever converts to Christianity becomes an enemy” is a crime under the law of the land. To say “Christians will not be tolerated.’ And to say it on National satellite channels is equally a crime. Action must be taken in the interests of justice and protecting the Constitution. This saintly gentleman is obviously not just above the law, but is the Law in the area, judging by the attitude of the Police and local administrative officers towards him.

1.27 National TV channels and segments of the local media need to do some introspection if in their reportage of the Kandhamala developments, they have observed the Code of Ethics of the Editors Guild of India, and practices observed in their reporting. Secularism, fairness and truth must remain part of the training of your media persons in Media insitutions as week as in Print, Television and Cyber-media Organisations as an on-going process. It is interesting to note that Video interviews of Lokhanananda Saraswati were made by a private videographer, a known activist of the RSS, within the premises of a medical centre of another RSS activist, the tape then telecast without further corroboration. In the tape Lokhanananda Saraswati repeatedly said, “When people become Christians, they become enemies, they become enemies of the nation. I will NOT tolerate this” [translated from the Hindi/Oriya]. This statement, assiduously propagated, went a long way in fanning the fires.

1.28 THE STATISTICS OF THE VIOLENCE:

1. Deaths – Police confirm three deaths – One in the police firing [Unidentified, but unofficially listed as Christian by the police] and two [one Hindu, One Christian] Two each in Barakhama and Brahminigaon. Human Rights activists understand that six persons have died in the police firing in Brahminigaon. The bodies have not been found, presumed taken away by the mob. There have been no deaths reported in the arson though several priests and nuns had a close encounter with death.


2. Missing: There are persons reported missing from almost every hamlet. This is the subject of long term investigations. Many have fled out of fear of the police. Some are in safety with relatives. Others are in police custody with the police not admitting or confirming this. It will take many weeks before a count becomes possible.
3. ARSON: FIRE WAS THE INSTRUMENT OF CHOICE. The arsonist mob was well motivated, well armed and had come prepared with weapons and iron cutting instruments. The following is a preliminary list of the properties/places destroyed and desecrated:

CHURCH INSTITUTIONS DESTROYED [Total - 71]

PARISH CHURCHES [Total - Five]

Balliguda
Brahminigaon
Sankharakhole
Pobingia
Paddangi


VILLAGE CHURCHES [Total - 48 ]

Bodagan-Balliguda
Balliguda town
Kamapada – Balliguda
Mandipanka- Godapur
Jhinjirguda- Bamunigam
Ulipadaro – Bamunigam
Goborkutty-Kattingia
Kulpakia- Nuagam
Dohapanga-Balliguda
7 [Seven] churches, Sirtiguda, Balliguda
4 [Four] churches in Phiringia
7 [Seven] churches in Phulbani
4 [Four] churches in Ruthungia
4 [Four] churches in Kalingia
2 [Two]churches in Tikabali
4 [Four] village Churches – Nuagam
3 [Three] more village church
Boriguda (Padangi)
Bakingia (Raikia)
Dalagam
Iripiguda


This list of village churches is not exhaustive for reasons of topography and accessibility

CONVENTS [Total - 5]
Balliguda
Pobingia
Phulbani
Brahminigaon
Sankharakhole

PRESBYTERY [Total – 4]
Balliguda
Pobingia
Brahminigaon
Padangi


HOSTELS [Total - 7]
Pobingia 2 [Two]
Balliguda 2 [Two]
Brahminigaon 2 [Two]
Minor Seminary (Balliguda)

3.1.6 OTHERS: [Total – 2]

3.1.6.1 Vocational Training Centre (Balliguda)
3.1.6.2 Sarshnanda, leprosy centre (Pobingia)

3.2 HOUSES DESTROYED / BURNT AND LOOTED [Total – Over 500]

3.2.1 400 Houses destroyed and looted in Barakhama, Tractors, cycles, motorcycles / shop goods burnt
3.2.2 31 Christian Houses burnt in Brahminigaon
3.2.3 67 Hindu Houses Burnt in Brahminigaon Oriyasahi
3.2.4 30 Christian houses burnt in Ullipadar [Brahminigaon]

[Arson in Phirignia, which continues, is political involving supporters and opponents of former Orissa minister Padmanabha Behera and the Caste issue]


3.3 SHOPS /OTHER PROPERTIES DESTROYED [Total - 126]
3.3.1 Brahminigaon 81
3.3.2 Godapur [25]
3.3.3 Barakhama [20]


3.4 Vehicles and Other properties destroyed : Survey not yet done
3.5 Animals Killed:
3.5.1 One Cow, Black Jersey milch cattle, Balliguda Convent consequent to arson


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[TOTAL PROPERTIES DESTROYED IN ARSON AND MOB VIOLENCE – 697]
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RELIEF CAMPS: Government of Orissa has set up two relief camps in Barakhama and in Brahminigaon in school buildings. The conditions in both camps are inhuman and shameful, particularly the utter lack of regard for the needs of women, children and the ill. Despite its experience of natural calamities, the government has not learnt lessons in immediate succor and assistance to the distressed and needy. We find incomprehensible that the Union Home Minister and the Orissa Chief Minister came in a helicopter to Barakhama, came to the Relief camp, and chose to sit under a shamiana or tent and talk to the people across a rope. They did not walk down a few meters to the class rooms where injured and sick people were lying down. Nor did they even bother to look at the cooked rice, full of grit, which the people had to eat for want of anything else.

2. SETTING UP OF THE FACT FINDING COMMITTEE:

The first act of violence [see narrative and sequence of events, below] violence took place on the morning of 24th December 2007 in the small town of Brahminigaon, which has a Police Station, the office or the Revenue Office and other institutions. This is a major entry point to the entire Kandhamala hills region and an important market place. Some Christians own shops and are comparatively better off than others. They have mobile phones, as does the parish priest whose Church was the first to be burnt down. They informed Archbishop Raphael Cheenath and his office, and they in turn informed others including Dr John Dayal in New Delhi. Dr John Dayal and others immediately informed the national media in New Delhi and Mumbai. But it was Christmas Eve and News Planners were focussed on the celebratory and commercial aspects of the Holiday season. The event did not get the coverage it deserved.

Church and Civil Society groups however were alerted, in swift order, the offices of the Prime Minister, President and Union Minister were informed as was the office of the Chief Minister of Orissa. The Prime Minister was not initially available, but a delegation called on Union Home Minister Shivraj Patil on 27th December 2007. President Mrs. Pratibha Patil was met with by the Bishop of the Andamans and Nicobar Islands, and eventually Archbishops Cheenath and Archbishop Vincent Concessao of Delhi met with the Prime Minister. Two public rallies and candle light vigils were taken out in New Delhi as also in Mumbai, Bhubaneswar and other cities.

At those rallies, it was decided that the facts of the Kandhamala had t be ascertained in detail and without bias.

At a meeting of Christian and other activist groups in Bhubaneswar, the fact finding group was set up

The fact finding team consisted of
1. Dr John Dayal, Member, National Integration Council, Government of India, Senior Editor and Political Columnist, and well known national Human Rights activist with experience of many People’s Tribunals and fact finding Missions.
2. Advocate Nicholas Barla, Lawyer and Human Rights expert from Rourkela with experience in Police and social conflicts in the State.
3. Mr Hemant Nayak, social scientist and Human Rights and Development activist, Bhubaneswar.

The team was facilitated by many persons at various stages.

The team made two visits to the district. The first visit was aborted at the Phulbani offices of the Police superintendent on 29th December 2007 after having visited affected churches and Convents in some of the area. The second visit was from 1st January to the night of 3rd January 2008 and covered almost every affected area barring one.

It is important to record the circumstances of the first visit. We believe that Truth must prevail, and that facts, if unearthed early, naturally quench doubts and ensure that rumours are not given currency. W noted in our Press statement in Bhubaneswar on 30th December 2007: I report with deep sorrow and anguish that I and a five member Fact Finding Team that had gone to the Phulbani area of Kandhamala district on Saturday, 29th December 2007, was forcibly expelled by Inspector General of Police Pradeep Kapoor who ordered the Phulbani Town Police Inspector to ensure that I left the district that night. The Town Police Inspector then made us follow an armed police escort for a one and a half hour drive through the night darkness till we reached the border of Ganjam district, where he left us. We could return to Bhubaneswar by 4 am today, 30th December 2007, deeply distressed and feeling very frustrated with the experience. The fact finding team was set up at a meeting of activists in the Swosti Hotel in Bhubaneswar on 28th December 2007 to get an authentic first hand account of the developments and the violence in the Kandhamala district because rumours, absence of authentic media reports and often inaccurate government accounts of the casualties, had left the people confused. There were also fears that lack of authentic information would impact on the confidence building measures and the peace process. I was requested to lead the Fact Finding Team in view of my experience in Gujarat, Nandigram, Punjab, Madhya Pradesh, Rajasthan the Northeast. As a matter of abundant precaution, I wrote to the Director General of Police, Orissa, on 28th December 2007. I, inter alia, said “I am a Member of the National Integration Council, Government of India, and the National President of the All India Catholic Union. I am part of a Fact Finding team set up by civil society and Human Rights groups to assess the situation in the violence affected areas of Orissa for us to be able to formulate People’s initiative for confidence building and peace. The team, consisting of six persons including me, intends to leave Bhubaneswar on the morning of 29th December 2007 and return in the evening of 31 December 2007. We will have a night halt in Phulbani. We will appreciate any assistance and facilitation we can get from the Orissa Police and in particular from the Police forces of the District. I am sure your office will take the necessary steps, and inform the District Police of the area.” We drove to Phulbani on 29th December; reaching safely and without any problems, by about 5 p.m. En route we were able to assess the damage done to the NISSWAS School of Social Work set up by Dr. R K Nayak, IAS retired and currently a Member of Parliament, Rajya Sabha. We also saw the damage done to the Carmelite Convent and the Carmel English School. Nuns we interviewed told us how attempts were made to set the convent on fire even as the Nuns were cowering in a room where they had locked themselves in. Two sisters who could escape injured themselves in the process. Later, we went to the Offices of the Police Superintendent to discuss with them our onward journey to Balliguda that evening or early next morning, and to see if there was need for Curfew Passes, which are normally given to Media and other groups. The Inspector General of Police, Mr Kapoor, the Divisional Commissioner and the Deputy Inspector General of Police were present in the room. I was questioned in some detail, always very politely, by Mr Kapoor who wanted to know about my membership of the NIC, my credentials as a journalist and the books I had authored. He also photographed my colleagues and me with his Mobile Telephone camera. I gave a patent reply to every single question. I also pointed out that this was not a government enquiry, but that I would prepare a report I would submit to the authorities and which would also help facilitate the National Minority Commission members who are scheduled to visit the spot on 6th January 2008. I reminded the police were a peaceful group, and our team included an Advocate, apart from interpreters and with expertise in ethnic studies. Mr Kapoor was ever polite, but remained adamant. My colleagues felt they were being interrogated in a police station. Mr Kapoor said he would not allow me to proceed, or even to remain in Phulbani. He said it would not be safe for me, or for the persons with whom I would stay. He said the Rapid Action Force had been deployed in Phulbani town and I had to draw my inference from this fact about the situation and tension in the place. I told him there was no way we would be crashing police barriers. It was not for fear of our lives but in deference to the rule of law that we would go. He was apparently not satisfied. He called the Phulbani police officers and ordered them to escort me out. The Kandhamala region needs not just media coverage and government relief operations. The rescue, relief and rehabilitation programme has to be done in a transparent manner. Already there have been too many complaints of police and administrative apathy, complicity and even aggressive force against one community, the victim community. Independent fact finding teams and the information they give help in maintaining transparency and positively contribute to the peace process. I hope we will be able to visit and record the situation in every affected village as an important part of building long term peace, harmony and in ensuring relief, compensation and rehabilitation. -- John Dayal.”

I am very happy the fact Finding team could visit the Kandhamala region again from 1st January 2008 without police escort, without police protection, without official cooperation and with no help other than the goodwill of all people – Christians and Hindus alike.

3. CALENDAR, CHRONICLE AND NARRATIVES OF VIOLENCE:

3.1 SEQUENCE OF ERUPTION OF VIOLENCE BY DATE - dateline --

Church youth and Ambedkar Banika Sangh take permission for Christmas Celebrations. Officials approve. Police C-Inspector and SDO inspect site and approve. Promise protection from 23rd December

23rd December 2007 – Hindu youth tell Church women and youth not to put up Christmas decorations. Christians show government permission.
24th December 2007 – 8 a.m. to 10 a.m. – Mob forces shops and haat weekly traditional market to close. Police intervenes to get shops opened. Mob attacks market-goers. Christmas pandal on road is destroyed. Two Christians [Sillu and Avinash] are shot and injured

2 p.m. Rumours of attack on Lokhanananda Saraswati attacked in Dasingbadi

6.30 p.m. Evening Church attacked in Balliguda, Convent [cow killed in convent in arson], Seminary, CNI Church, Pentecostal church and burnt. No police action. No curfew.

25th December 2007 – Attacks take place in Brahminigaon, Pobingia, Srasananda, Barakhama, Budaguda, Nuagaon, Tikkawali
26h December 2007 --
28th December 2007 --

VIOLENCE AFFECTED REVENUE BLOCKS, KANDHAMALA DISTRICT:
3.2.1 Daringbari Block
3.2.2 Balliguda Block
3.2.3 Phiringia Block
3.2.4 Phulbani Block
3.2.5 Tikabali Block
3.2.6 Khajuripoda Block
3.2.7 Nuagaon Block
3.2.8 Gumsar Udaigiri Block
3.2.9 Tumudibandha Block
3.2.10 Kothaghar Block




3.2 CHRONICLE OF THE KANDHAMALA VIOLENCE Dec 2007

Sl no. Name of the place Date Time Narration
1. Brahminigaon 9.12.2007 Swami Lokhanananda Saraswati commonly referred to as Swamiji, had come to Brahminigaon and had a secret meeting with the Bighneswaro Banika Sangh who are the members of RSS and VHP. The situation was tensed in and around Brahminigaon on that onwards.
2 Brahminigaon 19.12.2007 Permission for Christmas Celebration was obtained from the Sub Collector and CI Office Balliguda.
3. Brahminigaon 21.12.2007 SDPO visited Brahminigaon. The Christian elders met the SDPO and apprised him of the situation., he also assured his participation in the celebration. He also had called the leaders of both the parties, the Hindus and Christians, but the Hindus did not come for the meeting.
4. Bhubaneswar 21.12.2007- 23.12.2007 The Arya Samaj of Bhubaneswar organized a three days YOGA PROGRAMME of Baba Ram Dev at Capital High School, Unit III of Bhubaneswar. In 25 to 30 buses of people were brought from Kandhamala for the purpose.
On 22nd December all the presidents of RSS from each Panchayat of Kandhamala District had a secrete meeting from 11.00 a.m. to 6.00 p.m. to an unknown place.
On 23rd evening the yoga class was over and all of them back to their respective places. And on 24th morning onwards the attacked begun in the different Church communities.

5. Kandhamala Dist. Headquarter 22.12.2007 The Christian Jana Kalyan Samaj of Kandhamala met the collector and S.P. and handed over written statement against the BANDH called on 25th and 26th December at Kandhamala, but to allow the Christians to Observe the Christmas.

6. Brahminigaon 22.12.2007 The S.P. had come to Brahminigaon to enquire about the situation, learnt the matter but did not put any force there.
7. Brahminigaon 23.12.2007 1.30 p.m. Dr. B.R Ambedkar Banika Sangh of Brahminigaon together with six Sarpanches of the area have appraised the situation and have sent fax message to S.P , Phulbani. And met him at Brahminigaon.
Dr. Ambedkar Banika Sangh of Brahminigaon went to the police station and discussed about the tensed situation in the area. They also discussed about the secret plan of performing Yagyan (puja) by Swami Lokhanananda Saraswati and VHP leaders in front of the church.

8. Brahminigaon 23.12.2007 6.30 p.m. One of the members of the Vanika Sangha of Brahminigaon phoned Superintendent of Police Mr. Narasingh Bhol and requested for police force in the village.
9. Brahmunigaon 24.12.2007 6.00 a.m. The Sarpanches of six Gram Panchayats together with Village heads went to the police station and requested to allow the market to be opened, which the RSS and Bajrang Dal people were opposing.
10. Brahmunigaon 24.12.2007 7.00 a.m. The ASI came to the market and told the people to open the market.
11. Brahmunigaon 24.12.2007 8.30 a.m. The weekly market was going on. Suddenly the RSS leader Mr. Bikram Rout, Dhanu Pradhani and others came and threatened the sellers and buyers to stop marketing. They also ordered the shopkeepers to close down their shops and there were already tussled between them. One of the buyers was beaten up by the Bikram and group. The Christian People were in need of buying some of the important articles as 25th was Christmas day.
Some of the Christian members were making Christmas decoration, big pandal for worship, crib, sound system etc for the night worship. The same miscreants came there and asked the community to close down and they threatened not to have any celebration. Here also some tussle between both the groups took place
Bikram and others RSS, VHP, Vanvasi Kalyan Ashram Bajrang Dal members came with guns, swords, iron rods and other lethal weapons and attacked on the Christians around 10 a.m. The Christians were unarmed and ran away to the forest to save their lives. On the process two were injured by bullet shot. Some are injured by other weapons.
The police was inactive, did not take prompt action on the miscreants and all this took place in the present of the police. The police station is just 400 yards from the Church.
All the Christians ran away to the forest including the priest and nuns leaving theirs all belongings.

12. Dasingbadi 24.12.2007 10.45 a.m. Swami Lokhanananda Saraswati who is known as SWAMI at Jalespatta of Tumudibandha P.S., Dist Kandhamala was going to Brahmunigaon by his vehicle. One private bus was going ahead of his vehicle. Due to narrow road and due to technical fault of the bus it stood on the road at Dasingbadi near upper primary school Dasingbadi.
There is a small village Church in Dasingbadi a little distance on the road side and the Christian youth were busy in decorating their village church for the Christmas. Christmas music was going on.
Lokhmananda hearing the sound apparently asked his bodyguards and his driver to go and have it stopped. The security guards and the driver (who are govt. security men) went to the spot, got into an argument with the Christian youth, and at some time pulled down the decorations and the sound boxes etc even as the Christian youth confronted them.
There is no evidence of a physical assault on Lakhmananda Saraswati. Because of the controversy surrounding this incident, there is need for a Central Bureau of Enquiry specifically into this as part of a general probe.
Then with his vehicle he went to Daringbari and showed his security men to medical officer Dr. Pradhan at Daringbadi Community Health Center. There he stayed for two days in the family planning office looked after by Dr. Pradhan (who is also a Bajrang Dal member ) There the I. I.C. of Daringbari Mr. Pradhan provided 8 to 10 police man guarding him. The IIC has advised Mr. Laxamananda not to go to Brahmunigaon.
Mr. Dharmendra Pradhan and Mr. Surendra Sahoo who both are of Daringbari went to meet Lokhanananda. Lokhanananda, hearing the incident, that there was tussle between his security men and the Christian youths at Dasingbadi. They also felt sad about the incident and proposed to have peace meeting and resolved the issue. But Lokhanananda said “KRANTI NO THILE SHANTI NAHI , Mote kichhi mado hoi nahi” (in English “without revolution no peace, I am not hurt”) in the present of the I.I.C. and other local leaders.
On 25th December at about 1 p.m. he left Daringbari community hospital by block jeep through Soroda road.
One RSS boy Muna Sahoo who is having video camera he took the interview and statement of Lokhmananda which was telecast on satellite television channels in the media.

13. Balliguda 24.12.2007 7.30 p.m. At About 7.30 p.m. more than 400 miscreants, kumkum on their foreheads, chanting “Jay Sri Ram” most likely the Bajrang Dal and RSS members with guns, Swords, axes, Pharsa and other lethal weapons in their hands broke opened the main gate of the church, abusing the few Christian youths who were busy in decorating and giving the last touches for the worship on the birthday of their Lord Jesus. There was stoning.
They came running towards the youths shouting “SALLE CHRISTIAN MANONKU JEEVAN RE MARI DIYO, GIRJA DHANSA KORO” means “kill the Christians, destroy the church.” The youths together with priest, nuns, hostel boys, seminarians seeing the barbarous nature of the crowd ran to the jungle to save their lives.
Then they collected all the furniture, worship materials, hostel godowns, furniture and all the belongings and set them fire that became assess within few minutes.
The schools, hostels, the sisters residence which is in another compound was also ransacked and put in to fire. The sisters and the hostel girls had very difficult time to save themselves.
One of the sisters was caught and man handled very badly.
A cows died as a consequence of the arson.
All this took place in the presence of the police officials’ right from the Tahsildar, BDO, Sub Collector, IIC etc.
14. Barakhama 24.12.2007 4.00 p.m. 1. The Christian community already knew that some incident would take place, they started their worship at 4 p.m. itself.
2. A group of hoodlums about 2000 people having red marks on their foreheads, armed with swords, axes, pharsa etc. chanting “Jay Sri Ram, Christian manonku mari diyo( Kill the Christians), Girija dhanso koro (Destroy the churches) etc. destroyed the Pentecostal church, which is in the eastern part of the village.
3. Seeing the mob and the flames the Christians of the village started running towards forest to save themselves.
4. The people whose houses are burnt mostly of the Christian community and now are sheltered in the Barakhama high school.
5. The male members of the family are staying in the jungle and officials demanding their females to bring their husband else they would not receive relief materials. On the other hand when the male members are coming to the camp from the jungle, the police are booking them on the falls cases and arresting them. The FIRs are not accepted by the OICs.

15. Brahmunigaon 25.12.2007 10.00a.m.



11.45 a.m. 1. First the mob entered the village Church of Ulipodor and destroyed and burnt 30 Christian houses and also beat them very badly.
2. The mob entered the main gate of the church breaking the grills, houses, Church, the priest residents and other places and put fire and thus irreparable damage was done to the Christian community as a whole.

16. Pobingia 25.12.2007 9.00 am The mob entered the Church of Pobingia and instantly burnt the Church, Presbytery, Boys Hostel, Convent and girls Hostel .
17. Brahmunigaon 25.12.2007 2.00 p.m. 1. The miscreants once again gathered and entered in to the market and burned the shops and houses of the Christian community.
18. Bodagan 25.12.2007 Night Church was attacked
19. Kamapada 25.12.2007 Night Church was attacked
20. Kulpakia 25.12.2007 Night Church was attacked
21. Sirtiguda 25.12.2007 Night 7 Churches were burnt .
22. Phirignia 25.12.2007 Night Church was attacked
23. Srasa Nanda 25.12.2007 10.00 p.m In the presence of Magistrate and 22 police personnel the church was attacked and burnt.
24. Ruthungia 25.12.2007 Night 8 village churches were burnt.
25. Kalingia 25.12.2007 day Village Church was burnt.
26. Tikapali 25.12.2007 day Village Church was burnt.
27. Nuagaon 25.12.2007 Night 9 Village Churches were burnt.
28. Dalagaon 25.12.2007 Night Village Church was burnt.
29. Iripiguda 25.12.2007 Night Village church was burnt.
30. Krutumgarh 26.12.2007 1. The non Christian tribals of Krutumgarh collected Rs. 50/- from each family. They had the YAGYAN (puja) in the village. After the puja they were dancing with weapons like swords, sickle, pharsa etc.
31. Padangi 26.12.2007 Night 1. Boriguda Village Church was burnt.
32. Sankharakhole 26-12-2007 Night 1. The mob entered the Church of Sankharakhole and attacked the Church, Convent, Priest residence
33. Brahmunigaon 27.12.2007 12.15 p.m 1. There are differing accounts even by the victims as to how the Oriya-sahi houses were burnt. Some say villagers of local area burnt houses in Paikosahi Others say it was outsiders, even from outside the district.
The police are not giving still a coherent account as to which direction the mob came to the walled where civilians had taken shelter, or were being kept, and the premises of the police station nearby. This is not an open area, and involved rough ground, a narrow road and many houses. Because this is in the nature of an encounter between a mob and the police, with an exchange of fire, this needs a separate enquiry under the law.
There is also need for a through probe as to what happened to civilians injured in the police firing as many rounds were fired. The police admit to one uniformed person injured.
There was police force and it opened fire on them and two were killed and the crowed was dispersed.

THANKS: This Fact Finding Team’s work would not have been possible but for the assistance provided all through by many individuals, organisations and institutions. Institutions and organisations we wish to thank in particular are the Catholic Bishops Conference, the Archdioceses of Delhi and Cuttack-Bhubaneswar, Dioceses of Rourkela and Berhampur, the All India Christian Council, the All India Catholic Union, the United Christian Forum New Delhi. Individuals include Archbishop Raphael Cheenath, SVD of Cuttack-Bhubaneswar, Archbishop Vincent Concessao of Delhi, Catholic Fathers Dominic Emmanuel, Madhu Chandra and Advocate Mary Scaria in Delhi and Bernard Bhubaneswar in, Mrityunjay and Madan in Bhubaneswar, Dr Pran Parichha for his motivation and his assistance with the media. Special thanks are due to Mumbai Film Director Mahesh Bhatt and Maharashtra State Minorities Commission Vice Chairman Dr. Abraham Mathai for making it possible to meet with the Chief Minister and facilitating the Team’s interactions with government functionaries. Many Christians and Hindus, tribals and non tribals, government servants and others, who were of help, wish to remain anonymous, and we honour tier sentiments as we thank them. Thanks must also be expressed to two brave drivers who did not care for rumours and drove our SUV with care on the terrible roads. And most of all, we wish to thank the Press -- the Print and the Electronic Media -- in new Delhi an Bhubaneswar whose interaction, assistance and coverage brought focus on the violence, n hopefully, will also help in the healing of the wounds of the Kandhamala hills.


4. ANNEXURE:

4.1 Illustrative Testimonies of key witnesses / victims

4.1.1 Text of the oral testimony of Catholic Father Rabi Sabhasundar, Parish Priest, Bamunigam, and a born in the district, who saw his parish church attacked, vandalized and then set on fire in the Brahminigaon:
“The Church of Our Lady of Lourd, Bamunigam, Kandhamala District, Orissa consists of around 1630 of 217 families. Like any other year this year 2007, the people of Bamunigam were preparing and getting ready to celebrate Christmas. So they had put up Christmas Crib (Pandal) in front of Christian shops where they used to do usually in every year. The Christmas Crib (Pandal) was decorated with all light and sound and with all the necessary decorative articles. For the Pandal making and celebration, a committee (Ambedkar Banika Sango) had already got the permission from the Collector, Sub-Collector and SP. With the prior permission as they were proceeding with all the preparation, on the eve of Christmas celebration, in order to disrupt the celebration the committee of Banika Sango of Hindu group along with the president of RSS Mr. Bigram Rautho 40 year of age son of Kishore Rautho, Nuagam, Ps. Bamunigam, and Mr. Dhanu Pradhani s/o Bainath, Jhinjiriguda, Bamunigam went to the police station and complained repeately to SI not to have weekly market in Bamunigam. On Monday 24th December, 2007 at 10 am, the RSS president Mr. Bikram along with his RSS members and Hindu business people went to market place and forcibly stopped the people not to have market on that day. Meanwhile the SI of Bamunigam Police Station along with 5 Sarapanch of the locality and majority of the village customers came to the market place and convinced the Mr. Bikram and his team to carry out the market. However, soon after the departure of the SI, Mr. Bikram and his team physically harassed many villages people those who had come to the market. Some were thoroughly beaten with sticks and iron bars. They also showed the weapons to attack them. With the short period of time nearly 200 people came running to the Crib with guns, spears, axe, and many other tradition weapons and they completely destroyed the well decorated Crib. Along with this they also broke, looted and burnt all the shops of Christian people. At the same time some people pour the petrol and burnt three motor bikes of Christian people. Angry mob also burnt one generator, light and sound system and other decoration articles of people of Digapainy, Gajapati district, who were hired and employed by their owner for the Christmas celebration. In the process of destroying the Crib one boy of 15 years of age was shot with a gun. Whereas another boy of 12 years of age was very badly attacked and hurt on the head with a sharp edged sword. Seeing the pitiful condition of this boy when his parents were coming to rescue him, both of them were beaten and hurt with iron bar and by tradition weapons. Seeing this fearful attack, many Christians of the locality and many village customers those who had come from near by villages run for their lives. Taking the advantage and disperse of the helpless people, all the more Mr. Bikram together with his RSS members, Hindu business people and many other Hindu people destroyed the shops of Christian people one after the another. On 24th December, 2007, instead of celebrating the Midnight Mass, most of the Christians with their small children and babies went to the near by forest and had a sleepless night and took shelter on that sever cold dark night. On 25th December, 2007, many people those who took shelter in the forest came to their houses thinking that the atrocity will be stopped. But the atrocity still continued on that day too. At 10 am. around four to five hundred RSS people, Hindu business people of the locality and many other Hindu people those who came from near by Hindu villages marched towards the Christian Street with a slogan “Jai Sri Ram”, Jai Hanuman and they were also shouting and abusing with all kinds of bulgur and threatening words like ‘Magyasala’, ‘Padry Manongku Jalidio, ‘Semango Church ebang Anustano Pudidio, Christian manongu Hatao’, and burnt most of the houses and looted their properties. After having completely destroyed the houses and properties they forcibly entered the Church campus with the guns, petrol, diesel, kerosene, bombs, and many other traditional weapons and broke and burnt the doors, windows, statues, altar, and many other musical instruments, lights and sound, furniture and many other church and religious articles including Bible and completely desecrated the church. Meantime some of them entered the presbytery and burnt the Father’s residence including their two motor bikes, one generator, steel and wooden almirhars and all the documents and furniture and looted several lakhs of properties. After the complete destruction of the church and the presbytery the angry mob went around in search of priests and nuns to harass and burn them alive. Hearing and seeing the destructive behavior of the RSS people, three priests, one deacon, one regent, two brothers, five sisters of Holy Cross Convent, Bamunigam and four domestic workers run to the near by jungle together with many Christian people to save their lives. It is a matter of great sadness that all these atrocities, and destruction was done in the presence of police force. Till today priests, nuns and people are in forests and other near by villages with great fear and anxiety. Though the government has lunched to give relief to the people of both the communities, unfortunately one community of Hindu people are given relief and Christians are neglected. When Christian mothers go to ask for the relief, government relief officials harass them and telling them to bring their husbands. After having experienced the atrocities and harassment from both Hindu community and the government officials, the Christian people continue to live with fear and anxiety. We don’t know how long this atrocity and violence will persist.”

4.1.2 Statement of Sr. Zerina, CSST, eye-witness, Principal, Carmel School, Phulbani:
“The School is situated just about two kilometers away from the Superintendent of Police and Collector’s offices in Phulbani. There are 550 students in our school. The school was started in 1989. There are 98% Hindu students and only 2% Christians in the school. There are 4 Sisters, 4 Christian’s teachers, 13 Hindu teachers 2 Christian staff and one Hindu accountant in the school. Sister Zerina is principal since last two years after completing her M.A. B.A. Bed in 2006. I got news on 23rd December that something would happen and she also leant about the Bandh 25th and 26th December. I wanted to go to Bhopal for a meeting the same evening but one of the shopkeepers told her not to go the next day or at night. The sisters decided not to go to Bhopal for meting. On 24th some local people came and greeted us at 6.30 pm. They also reported that there automobile tyres were being set on fire at Madiguda chowk, just 200 meters away from the school. The same time The Parish priest Fr. Mathew phoned and up said there would be no Holy Mass in the Christ Jyoti parish church. Sr. Zerina also received a phone call from Sr. Christa from Balliguda, saying the problem was escalating. The deputy collector, Shri Arun Parichha, rang up to tell us that there was some problem in Brahminigaon. He said the vehicle of the RSS leader has been attacked and there will be more problem and he has seen the law and order. At about 8 p.m. Sr. Christa from the Convent in Balliguda rang up Sr. Zerina saying the convent of Balliguda had been set on fire. She asked us for our prayers. Te sisters and I panicked. At about 8.30 pm we got the news from Sr. Christa from Balliguda saying they were safe, but feeling suffocated because the premises were filled with smoke. That was the last connection we had with our sisters from Balliguda. On 25th around 9.30 a.m. one Hindu teacher Mr. Sarangdhar came to the school about my travel plans. Fr. Bijya Nayak from Krotamgarh also rang up and warned us of a possible attack on school, convent and parish. We rang up a neighbour, Mr. Paul Raj from Sadhan to ask for help from police. Meanwhile Sr. Christa also rang up and advised as to leave the place taking all the important document. At 11.00 a.m. I went for prayer, there were total of four Sisters, 2 maid servants and 2 girl hostlers who were also with us the convent. At this moment Sr. Rohine shouted “They have come inside.” The mob was shouting “Jay Sriram” and “Kill the Christian”. They all carried swords and other weapons. On seeing the crowd Sr. Rohine and Sr. Hemanti jumped over the convent wall and ran for their lives. One of them sprained her leg in the process. After 15 minutes of the attacked some policemen are came to our school. There has been damage the school, and the school bus.”

4.1.3 Statement of Fr. Laxmikanta Pradhan , Catholic Church Balliguda

“On 24th evening around 7.30 p.m. a huge group of Hindu fundamentalist/ Rahudise with kumkum on their foreheads and carrying lethal weapons like sword, guns, iron rods, axes in their hand rushed to our church abusing the priest and sisters in very filthy language. They broke the main gate and entered the church compound, started breaking all the Christmas decorations, pandal and worship materials. Then they wanted to kill some of the Christian who were busy in preparing the Christmas celebrations. We ran for our life, and took refuge in the jungle. From the hill we could see the flames rising from our Church, residence and hostels. Later we found the church and all the worship materials were burn down. In the residence and hostels also we found that everything was burned down.

A card from Kandhamala, Orissa

A postcard from the Kandhamala, Orissa 10th January 2008

Dear Friends

Thank you very much for your support.

I returned home to New Delhi a couple of hours ago after spending fourteen days in Orissa – six days in two phases in the hills of the Kandhamala district of Orissa in the week of the Christmas 2007 violence against Christians, and unfortunately four days in an Intensive Care Unit of a Bhubaneswar hospital after a diabetic ketoacidosis collapse. I am grateful to Doctor Neeraj Misra of Kar Hospital, and Father Bernard and his brother priests at Bishops House in Bhubaneswar who nursed me back so I could travel home. I had gone to Orissa on 289th morning, after meeting Union Home Minister Shivraj Patil and his officers in North Block, New Delhi.

Kandhamala still shivers under a mist laden with a foreboding – that something dark and violent may happen on what is called Makar Sankrati, a pleasant and happy occasion that should mark the beginning of spring, but which, in this part of Orissa, marks the season when the Vishwa Hindu Parishad maverick resident abbot Lokhmananda Saraswati, the man at the root of all trouble, who reserves his most vituperative fulminations against Christians for this occasion. The gentleman is currently in Cuttack-Bhubaneswar but threatens to go back in the next three four days to his forest ashram.

The Orissa Government’s own blanket of darkness over Kandhamala does not help. No one really knows the full plight of the Christians in the refugees’ camp at Barakhama village-town. Relief groups and civil society are still barred from the area, despite repeated pleases by organizations of the stature of CARITAS, EFICOR and the like, and personal appeals by Archbishop Raphael Cheenath.

There has been an unreported death – the death of civil society in Orissa. There is no Digant Oza, no Teesta Setalvad, and Javed Anand, no Harsh Mander and Harsh Sethi, no Shamsul Islam-Neelima Sharma and their street theatre Nishant, no ANHAD and SAHMAT equivalents in Orissa, and the above name too are yet to come to the State and to the national Press. In their absence, mischief and white lies have a field day. Television News anchors quote Lokhmananda and speak of debates on conversion. Not one paper calls for relief and assistance and legal aid.

I intend to go back to Orissa after about a week or so after regaining health and writing out the White Paper. I released the preliminary report in Bhubaneswar, just before I took ill.

The following needs to be urgently done in Kandhamala, other than the work of relief and rehabilitation.

Re-building civil society. We need to, and I hope to be able to, organize at least four national seminars – one each in Calcutta and Hyderabad, which have had an organic relationship with Orissa in the past, and one each in Delhi and Mumbai to focus attention on the growth of fascism in hidden parts of India and how to meet the challenge as collective civil society, and not as a response only from the victim communities.
Organizing legal assistance: This has to be on a par with the organized legal assistance that helped put the trauma of the Gujarat victims in the lap of the legal system. This has to be multi tiered. We need par algal activist to help villagers file FIRs for their burnt houses and shops and their displaced families. We need legal assistance to trace out culprits. We need legal assistance to defend innocents that are being trapped by the police in the guise of `parity’ between communities. We need this before evidence is lost or false `evidence’ manufactured by a governance system that has totally sold itself out to its Coalition Dharma with the Bharatiya Janata Party. And we need to investigate issues of impunity in the matter of the mysterious police firing in Braminigaon.
We need to tell Civil Society in India and abroad that the attack on Christians in Orissa is at par with the repeated mauling of Muslims in Gujarat and other states, and an integral part of the Sangh Parivar’s ideology.

I hope to be able to analyze some of threes issues in larger essays soon.

I am sorry to record that till the film maker Mahesh Bhatt came to Bhubaneswar and addressed a press conference with Maharashtra Minorities Commission vice chairman Abraham Mathai to denounce the Sangh Parivar and warn of its designs, no other worthy had dared do so.

And till All India Christian Council president Dr Joseph D Souza and New Methodist Bishop Joab Lohara shared the stage with Dalit leader Udit Raj, there had been no visible protest of any magnitude in the capital of Orissa.

I regret that Union Home Minister Patil did not visit more places even more than I regret that the National Minorities Commission did not visit any place other than the town of Phulbani.

In a way, I thank the handsome and smug Inspector General of Police Kapoor, who had me escorted out of Phulbani on 29-30 December 2007 and the sarcastic Divisional commissioner, the subdivision police office and the circle inspect tor of Braminigaon whose language and behaviour, in a flash, made me understand that the apparatus of governance stood firmly on the side of a particular ideology.

I wish to close with my thanks, and those of my family, once again to the Catholic Fathers of Orissa, in particular Fr Bernard, Fr Nicholas Barla, Fr Mrtiyunjay and Fr Madan, Rev Pran Patrichha, Dr Anna and the MC Sisters for their love and care.

I salute the brave Nuns, Pastors and Priests of the Kandhamala, tribal, Dalit and always rooted in the soil of their mother hills.

And I wish to salute Archbishop Raphael Cheenath, SVD, who defies his 73 years, to provide Orissa the sort of leadership the late Archbishop Alan de Lastic provided us all in 1998 and later.

Happy New Year


John Dayal
New Delhi