THE INDIA UPDATE

Updated 11 March 2009

ORISSA POLL PROCESS LEAVES CHRISTIANS OUT IN THE COLD

 

Community may move Election Commission of India for Kandhamal review

 

Major Reports not implemented so far by State Government

 

Barring a miracle, there will be no Christian candidate chosen by any political party to contest the Parliamentary and State Legislative Assembly Elections in the troubled State of Orissa which goes to the polls mid-April 2009. This speaks amply about how the various parties -- the ruling Biju Janata Dal, its erstwhile coalition partner and otherwise minority-baiting Bharatiya Janata Party, the new allies in the Left, and the old Opposition Congress Party -- think of this hapless religious minority as someone to project and strengthen politically. Patently, Christians do not matter when it comes to elections in India.

 

But even if they had chosen a Christian candidate or two as a concession to tokenism, it remains a moot question if he or she would have won, given the acute communal polarisation in the State in the wake of the anti Christian violence of 2007-2008 that singed and scalded half of the State’s thirty districts.

 

For the Christians in the Kandhamal district which was the epicentre of the violence, in fact, the chances are quite dim that they will ever get a chance to exercise the Constitutional right of universal franchise. Three thousand of them are in government refugee camps, the rest are basically homeless, destitute, disenfranchised. Tens of thousands remain internally displaced persons, as a group of them had famously told the United Nations office in New Delhi last year.

 

My own organisation, the All India Christian Council, which has been deeply involved in the Orissa issue, is considering approaching the Election Commission of India in a legal memorandum, and the Election Commissioners individually, urging them to take a close look at the Kandhamal situation to see if free and fair elections are possible, and to take remedial action to make it possible for the people to exercise their democratic rights. We are not sure at this early stage of seeking a deferment of the elections in the Kandhamal region is the possible solution.

 

Democratic norms are not really the strength of Orissa.  The Biju Janata Dal-Bharatiya Janata party alliance which had ruled the state eleven years – in religious bigotry at other times – broke up when the partners fell out on the sharing of seats. Mr. Patnaik, the butt of jokes and attacks through the crisis of the last two years, suddenly found new friends, even in the Left, and won a voice vote in the State Assembly after the Bharatiya Janata party left him crying betrayal! Mr. Pattnaik is yet to take action against the BJP and its friends of the Hindutva Parivar for killing, maiming and raping Christians, and for monumental arson amounting to a sort of genocide. Probably he never will, even if he returns to power in May 2009.

 

The words of Archbishop Raphael Cheenath sum up the situation; Said the Archbishop today “Alliances and elections do not matter when life and security is under threat! My primary concern is the people of Kandhamal, not only the Christians but everyone there. Who is concerned about the affected people in Kandhamal? It is more than six months now and still the life and security of the people in Kandhamal is under threat. The state is trying to project peace by sending the people out from the camps. In some villages there is social boycott and the people are still living in fear. The Dalits and adivasi of Kandhamal feel that they have become victims of the narrow political interests of the political parties, whether BJD, BJP or Congress. The culprits have not been arrested and they continue to pose threat to peace. No reasonable compensation has reached the people. Every move of the political parties and opportunistic alliances are keenly being observed by the people and I am sure that they will teach an appropriate lesson to all of them.”

 

The following are some of the major recommendations I culled out from reports as diverse as the Christian Solidarity Worldwide, Prof Angana Chatterji’s deposition in Washington before the United States government, and the National Commission for Minorities report to the Indian government, the former Revenue Secretary of the Government of India’s note to the State government, and a retired high court judge whose report is yet to be published. The recommendations are basically in a random order, and remarkably, were mentioned in most, if not all, of the reports. I have edited them for brevity, but they still make for hair-raising reading.

 

1.      The attacks on Christians in 2008 were pre-planned. The guilty must be speedily identified; fast track courts set up to see that justice delivery is transparent and timely to make a difference.

 

2.      The matters and circumstances that led to the Kandhamal violence of 2007 and 2008 in Orissa continue to pose a threat to the sanctity and security of human rights in the state, particularly of religious and ethnic minorities such as Christians and Muslims, disenfranchised Adivasi, Dalit, and caste groups, and other vulnerable groups such as women. Failure to take preventative and effective action continues to jeopardize the rule of law, the right to life and livelihood, freedom of religion, of speech, movement, assembly, inquiry, and the right to information in Orissa.

 

 

3.      The atmosphere in Kandhamal District continues tense. Fresh violence is possible. Central Reserve police, of which three battalions still remain in Orissa, need to be retained to give confidence to the religious minorities.

 

 

4.      Hindutva nationalist leaders, activists, and organizations in Orissa charged with involvement in criminal acts and involvement in actions that have led, or may lead, to communal violence must be investigated and prosecuted. The impunity being enjoyed by members of the RSS, VHP and others should be cracked by proceeding legally against them. The Government of Orissa and the Central Government must make concerted efforts to identify, investigate, and eradicate paramilitary hate camps being operated in Orissa by the Hindutva groups raining cadres in arms and militancy with the express purpose of threatening and destroying minority populations through social and economic boycotts, sporadic and organized intimidation, arson, rape, murder.

 

 

5.      Police Force levels, strengthening of the Criminal Justice System and Rule of Law:  Government must take these steps by mobilising man power in the area of criminal justice system at a level that is proportionate to the multiple crisis situations that the District is facing. Such a mobilisation will send the clearest signal yet so badly required to the entire area and beyond in regard to the Government’s earnestness in outlawing forces of disruption and re-establishing the Rule of Law.

 

6.      Large numbers of Christians remain in the government refugee camps, and in other camps, because of the construing threat of forcible conversion to Hinduism; Though conditions in the camps are inhuman, and an affront to Human rights norms, the camps themselves must continue so long as complete conditions of peace, safety and security have not been restored in the affected villages. A basic requirement for the victims to return to their homes is assurance and self assurance that they may lead the kind of cultural and spiritual life they wish to live as guaranteed in the Constitution.

 

 

7.      Guilty officers continue to enjoy impunity. Even the judicial commissions give signals of their bias. The government officials should be booked for the dereliction of their duty and the wilful negligence in protecting the victims and stopping the violence.  Police, judicial, and governmental reform, including diversity training, must be addressed by relevant state institutions, and action taken against officers of the law and political servants who abuse their position by using their power to influence and support Hindutva groups.

 

8.      Orissa Minorities Commission must be established. Peace committees are bigoted, and have failed.

 

9.      Women suffer the most, even in the government camps.  In the tents, there was hardly space for anyone to move or stretch, what to speak of privacy for women to change. Those women live in the full view of the male inmates, including their own brothers on the one hand and strangers on the other. Their sanitary requirements at a personal level, including of women who have not attained menopause have not been factored in by those who designed or are running these camps.

 

10.   Restoration of Tribal Identity and simultaneous justice to the long-time weaker sections residents of the area, the Dalits. Land rights in the Scheduled areas in letter and spirit, and in the rulings of the Supreme Court of India. The Government may examine in the Tribes Advisory Council if land can be made available to the riot-hit people. The Governor has certain powers in the Scheduled Areas as well.

 

 

11.  The Collector must give importance of giving priority to programmes like the ICDS, Watershed Development, NREGS and Joint Forest Management as they are amenable to integrated approaches involving the entire community, thus providing a healing touch and togetherness.

 

12.   Relief, Rehabilitation and Compensation package: Consumption finance is a very important part of the relief package in any programme of relief and rehabilitation. Its absence leads to the victims using the compensation intended for other purposes such as building destroyed and damaged houses for consumption needs and to stave off hunger.

 

 

 

13.  Policy of zero tolerance to Discrimination: There are laws in this country that punish promotion of hatred and religious intolerance. It would serve the interests of the people of the State and act as a salve for the traumatised and therefore estranged sections of the society

 

14.  Probe by the Central Bureau of Investigation (CBI

 

15.  Extensive and proper damage assessment should be done by the government with the help of civil society organisations and full compensation ensured. The damaged and burned houses and institutions should be rebuilt by the government.

 

16.   Police desks should be set up for registering minority grievances and filing FIRs, and the Government of Orissa must appoint a team of Special Public Prosecutors to conduct proceedings as necessary. Toward this, independent monitoring bodies must be supported and protected.

 

 

17.   The Government of India and the Government of Orissa must take adequate and expeditious steps to ensure that those who convert voluntarily to Christianity, Islam, or any other faith are allowed to practice their religion

 

18.   The disparagement, demonization, and vilification of any religion should be statutorily prohibited and held punishable under the Indian Penal Code.

 

19.   The Orissa Freedom of Religion Act, 1967, and the Orissa Prevention of Cow Slaughter Act, 1960, must be reviewed and repealed.

 

 

20.  On 29 November 1949, India became a signatory to the Convention on the Prevention and Punishment of the Crime of Genocide, approved by the United Nations General Assembly resolution 260 A (III) of 9 December 1948. On 27 August 1959, India ratified the Genocide Convention. However, India is yet to fulfil its obligatory commitment to enact legislation to implement the convention, which it must be compelled to undertake.     

 

A brief recall August- December 2008:

In Orissa, 54,000 were rendered homeless, 20,000   Children lose a year of school, some may never go back to school, 3,000 persons areas till in Government refugee camps in March 2009. As we know, 120 were murdered, including 7   Priests/ Pastors, ten more were injured, Two Rapes confirmed [One of Nun], many others are feared to have been molested,, 315 Villages were destroyed, 4,640  houses burnt [State government earlier estimates 4,215], 252 Churches destroyed [as estimated by State government], and 13 schools and colleges were destroyed.

MEANWHILE, IN KARNATAKA STATE, THE RECORD FOR 2008:

AUGUST 2008

·         10^th: At Davanagere, Davanagere District, the House of Prayer church was attacked by around 200 Bajrang Dal activists. Fifteen church members received minor injuries. About 80 members normally attend the church. Six persons were arrested.

 

·         12^th: A mob of about 200 people, including activists of the Hindu Jagarana Vedike and Shiv Sena youth association surrounded the house of Pastor Premkumar in Davangere Town, Davanagere District. They repeatedly pelted the house with stones between 10:30 am and 7 pm. Eleven people including four women were brought out of the house by force. The police were compelled to take the Christians into detention to protect them. The attackers demanded that Pastor Premkumar, Pastor Rajashekar and Pastor Karunakar of Divine Healing Ministries and Hosanna Ministries Eternal Life Church should be exiled from the district. An FIR was filed.

 

·         17^th: The Divine Healing Ministry church in Davangere city, Davanagere District, was attacked by around 50 Bajrang Dal workers during the church service. Bibles and hymn books were burnt. A few church members were beaten and harassed.  No arrests were made.

 

·         24^th: Nitya Jeeva Devalaya, an independent church in Davangere city, Davanagere District, was attacked during the Sunday worship service. Around 60 Bajrang Dal workers barged in and disrupted the service and beat a few believers. They also broke furniture. And they burnt Bibles and song books. No complaint was registered.

 

·         27^th: A Christian prayer hall named Yesu Prathanalaya at Uchangidurga in Harpanahalli taluk, Davanagere District, was attacked by about 30 Ram Sena workers. Pastor Raju Gowda was roughed up. Three of the church members were hurt and treated for minor injuries in the hospital.  Eight persons were arrested. Case was registered under IPC Section 295 and 298.

 

September 2008

 

·         7^th: Around 9 a.m. at Bada village, Davangere District, an independent church planted by Mission Action Fellowship called Yesu Kripalaya was attacked by a 300-strong mob that broke the asbestos (corrugated material) ceiling, furniture, windows, and set fire to a Bible and other literature. They also broke the cross and the pulpit. Hindu Jagarana Vedike claimed responsibility for the attack and said it was because villagers were forced to convert. The pastor, Lukas, vacated the village and has not returned. Ten arrests were made. Case registered under IPC Sections 295 and 298.

 

 

September 14^th

 

Between 9 a.m. and 11.15 a.m., the following churches and prayer halls were attacked:

 

·         In Bannur village, Udupi District, a group of 25 to 30 attackers entered and vandalised Believers Church. They burned Bibles and damaged the furniture. Two church members were beaten. Four persons were arrested. Case was booked under IPC Sections 143, 147, 148, 427 and 149.

 

·         In Udupi city, Udupi District, the New Life Fellowship Hall was attacked by 40 to 50 slogan-shouting Bajrang Dal workers. They injured five adults and a child. Windows were smashed and furniture damaged. The pastor's name is Pastor Gopi and FIR was registered. 

 

·         In Shiroor village, Udupi District, a gang of 25 with sickles and sticks attacked the Life and Light Ministries prayer hall. The pastor was assaulted, a car torched, windows broken, and furniture damaged. Five arrests were made. Case registered under IPC Sections 143, 147, 295, 448, 324, 506, 427 and 149.

 

·         In Koteshwar village, Udupi District, the Carmel Ashram (Roman Catholic) was attacked. Icons/statues of Mother Mary and Infant Jesus were damaged by around 25 people. A few church members were physically harassed. A couple of them were slapped or hit. Two persons were arrested.

 

·         In Mudur village, Udupi District, a group attacked Mission One Million Life Centre and physically harassed one person and damaged furniture, a television set, and the telephone. Five arrests were made.

 

·         At Kodical, Mangalore city, Dakshina Kannada District, a Tamil-language Protestant church which is part of the Church of South India denomination was attacked by 15 persons during a prayer service. Several church members were assaulted. Furniture was destroyed. Four persons were arrested.

 

·         At the Roman Catholic Adoration Monastery on Falnir Road, Mangalore city, Dakshina Kannada District, about 15 people vandalised the building and sacraments, and attacked nuns who were in prayer. Several of the nuns were severely injured and treated in the hospital. Seven arrests were made.

 

·         At Kavoor, Mangalore city, Dakshina Kannada District, around 20 persons vandalised and desecrated the Assembly of Prayer Fellowship. Policemen stationed there were attacked.  Bibles and Christian literature were burnt. Seven Christians received injuries. Four arrests were made.

 

·         At Shakti Nagar in Mangalore Rural taluk, Dakshina Kannada District, around 60 persons vandalised and desecrated the Jesus Christ Church. Windows were broken and furniture damaged. No arrests were made. Case registered under IPC Sections 143, 147, 148, 447, 427, and 149.

 

·         At Bilinele village, Dakshina Kannada District, at the Assembly of God Church, around 20 persons vandalised the facility. Bibles were burnt. A few Christians were assaulted. Nine persons were arrested.

 

·         At Kalanja village, Dakshina Kannada District, about 15 persons attacked believers with sickles and desecrated the Indian Pentecostal Prayer Hall. Four people received injuries and were treated in the hospital. Nine arrests were made.

 

·         At Madanthyar village, Dakshina Kannada District, a gang of 30 people assaulted the pastor of the Mahima Prayer Hall with iron rods and desecrated the church. Three people, including the pastor, were injured.  Six arrests were made. Case registered under IPC Sections 143, 147, 148, 427, 324 and 34.

 

·         A group of alleged Bajrang Dal members attacked the New Life Fellowship at Madanthyar, Dakshina Kannada District. The property was damaged and an FIR filed.

 

·         The End Time Full Gospel Church in Jayapura, Chikmagalore District, was attacked during the Sunday service by 15 people who claimed to be Bajrang Dal activists. They had sticks and sickles and injured nine Christians. No arrests were made.

·         Kingdom Hall church in Chikmagalore District was attacked by 20 Bajrang Dal workers who threw chilli powder in the eyes of the Christians. A pregnant woman was attacked and kicked. She later received treatment for her injuries in the hospital. No arrests were made.

 

·         New Apostolic Church was attacked in Singatagere village, Chikmagalore District by twelve people. They damaged the church, burnt a Bible, and one Christian, Kallesh, was stripped naked. An FIR was filed.

 

·         Ebenezer Prayer Hall in Chikmagalore town, Chikmagalore District, was vandalized by around 25 VHP workers who damaged the church furniture. An FIR was filed.

 

·         An attack took place on the St. Thomas Church, (Church of South India) in Chikballapur, Chikballapur District. Miscreants came in the night and vandalized the church.

 

September 15^th

 

The following places were attacked between 1.30 a.m. and 3.30 p.m.

 

·         At Ganjimath village, Mangalore Rural taluk, Dakshina Kannada District, window panes of the Believers Church were broken by motorcycle-borne vandals. No arrests.

 

·         In Bantwal taluk, Dakshina Kannada District, vandals tried to set the door of the Believers Church on fire even though a police team was guarding the church. No arrests were made.

 

·         On Jail Road, Mangalore city, Dakshina Kannada District, motorcycle-borne vandals pelted stones at the Capuchin Church (Roman Catholic) and damaged sacred icons and statues. No arrests. Case registered under IPC sections 427 and 153a.

 

September 16^th  

 

·         In Kolar town, Kolar District, vandals damaged a century-old statue of the Mother Mary at the St. Mary’s church (Roman Catholic). No arrests were made.

 

·         At Adyar, Mangalore Rural taluk, Dakshina Kannada District, over 20 vandals desecrated the Rima Worship Centre and destroyed property. No arrests were made.

 

·         At Ernody village, Dakshina Kannada District, vandals broke into the St. George Church (Roman Catholic) desecrated the place, and attempted to set it on fire. Two arrests were made. Case registered under IPC sections 457, 295, and 448.

 

September 18^th  

 

·         On B.C. Road in Bantwal taluk, Dakshina Kannada District, vandals pelted stones at the Believers Church. Windows were broken. No arrests.

 

September 19^th  

·         In Sagar town, Shimoga District, a group hung a garland of chappals (flip flop sandals) on the Jesus statue at St. Mary’s Church (Roman Catholic). This is a serious insult in the culture. Three arrests were made. Case registered under IPC section 153 and 153(a).

 

·         At Padu Kody village, Dakshina Kannada District, motorcycle-borne vandals pelted stones at the St. Xavier’s (Roman Catholic) church and damaged icons. Cases registered under IPC sections 143, 144, 295, 427 and 149.

 

September 21^st   

·         A group of unknown assailants broke windows of a prayer hall called “Brethren Christa Aaradhanalaya” near Nellihudikeri town, Kodagu District. No arrests made.

 

·         In Bangalore District, at the St. James Church (Roman Catholic) in Mariyannapalya, two gold plated crowns and cash from the offering box were stolen, and the sacred sacrament damaged. Seven persons were arrested. A case was registered under IPC sections 144, 149, 333 and 448.

 

·         At the Holy Name of Jesus Church (Roman Catholic) at Rajarajeshwarinagar in Bangalore District, the glass casing around the statue of the Infant Jesus was stoned and the statue damaged. No arrests have been made. A case was registered under IPC sections 144, 149, 333 and 448.

 

September 26^th 

 

·         Peace Prayer Hall in Yelahanka, Bangalore District, was vandalized. Pastor Gideon said about 20 members of the Bajrang Dal came as the prayer meeting was in progress and broke the musical instruments and burnt the Bible. An FIR was lodged.

 

·         At Shamboor village in Bantwal taluk, Dakshina Kannada District, attackers vandalized Sacred Heart Church.  They burnt the Bible and two song books. They also damaged the pulpit, a lamp, a clock and two tube lights. An FIR was filed.

 

September 29^th

 

·         Money (Rs. 10,000) and electronic items were stolen from St. Anthony’s church (Roman Catholic) Church in Anagalpura, Bangalore District. Unknown criminals ransacked the store room & stole musical instruments, microphones, and a loudspeaker.

 

October 2008

 

·         5^th: Immanuel Prayer Hall in Chamraj Nagar near Mysore, Mysore District, was burnt down. According to Pastor Patrick, Bajrang Dal workers came and threatened him couple of weeks ago and he believes they were involved in arson. Police declared that it was just an accident. An FIR was filed.

 

·         13^th: Some miscreants set fire to St. Anthony’s church (Roman Catholic) at Yadavanahalli, Bangalore Urban District. The church suffered extensive damage and the loss is estimated around Rs. 1 million (10 lakh). Police said the fire was due to an electrical short circuit. Two experts’ teams, comprising electrical engineers and technicians, said there was no trace of any electrical short circuit. A case has been lodged in Attibele Police station and no arrests were made.

 

·         26^th: Belgaum: Teluga Brethren Christian Assemblies Church vandalised and damaged, complaint given to police, but no FIR was filed by police.

 

November 2008

 

·         2^nd: Thimannakatte village, Haveri: police disrupted Dheiwah Ministry meeting following false reports of ‘forcible conversions’, pastor told by police to request permission before meeting in future.

 

·         2^nd: Bagalkot: Shalom Full Gospel Church told by police to request permission before conducting meetings in future.

 

·         20^th: Bajpe Antonikatte, Mangalore: St Antony Chapel vandalised when stones thrown by Hindu extremists.

 

December 2008

 

·         14^th: Bangarapet, Kolar: RSS members attacked a Christian function and falsely accused Christians of ‘forcible conversion’. The Christians were dragged to the police station and detained and the police are investigating the allegations. Aicc was involved in securing the release of the Christians.

 

Other States impacted include Tamil Nadu Bihar, Uttarakhand, Uttar Pradesh, Rajasthan, Madhya Pradesh, Chhattisgarh, Kerala, and Andhra

[Data courtesy aicc, Hyderabad and Bangalore officex.]

Orissa Update: Thousands of Christians still in regugee camps on eve of Indian General Elections

Date:08/03/2009 URL: http://www.thehindu.com/2009/03/08/stories/2009030855571000.htm

----------------------------

Over 3,000 still in Orissa camps

Told by communal forces that they can return to their homes only as Hindus

People in six camps not willing to leave

Not forcing anyone to return: Collector

------------------------------------------

By Prafulla Das, Correspondent, The Hindu, Delhi Eiditoon 8 March 2009

BHUBANESWAR: More than seven months after Orissa’s tribal-dominated Kandhamal district experienced widespread anti-Christian violence, 3,100 people belonging to the minority community are still living in relief camps being run by the administration.

About 25,000 people took shelter in 19 relief camps when communal violence was at its peak in the district in the aftermath of the killing of Vishwa Hindu Parishad leader Lakshmanananda Saraswati and four others on August 23 last.

The number of people living in the camps has decreased slowly but the 3,100 people in six camps are not willing to leave as they are being told by the communal forces that they can return to their homes only as Hindus.

The camps are at Raikia, Tikabali, K. Naugaon, Mandasar, Mandakia and Tiangia, according to Kandhamal District Collector Krishan Kumar. “We are not forcing anyone to return to their villages. People are returning to their homes following the process of peace building and reconciliation,” Mr. Kumar told The Hindu over phone on Saturday.

Apart from the State police, 19 companies of the Central Reserve Police Force are on duty to maintain law and order in the district.

The district administration has sought additional forces for the smooth conduct of the Lok Sabha and Assembly elections to be held simultaneously next month.

“We are hopeful that the district will witness a free and fair poll,” Mr. Kumar said.

Meanwhile, an independent fact-finding team, comprising prominent social activists, has urged the State government to keep the relief camps open till normality was restored in the affected villages.

Observing that the victims should be able to return to their homes with dignity, peace and security, the former Special Rapporteur to the National Human Rights Commission and one of the members of the team, K.R. Venugopal, has written to the State government that “there can never be any dignity if people practising a particular religion – here Christianity – are told that they can return to their homes only as Hindus.”

“Such threats are unconstitutional and the State has a duty to intervene proactively to put a stop to that and guarantee peaceful residence to the citizens with a right to their religious conviction,” Mr. Venugopal said in a letter to G.V. Venugopala Sarma, Secretary in the State government’s Revenue and Disaster Management Department.

© Copyright 2000 - 2008 The Hindu

Orissa Update 12 February 2009

THE INDIA UPDATE

ANTI-CHRISTIAN VIOLENCE SINCE AUGUST 24, 2008

Updated February 2009

 1. ORISSA          The Orissa government admits that six months after the Hindutva fury was let loose on a hapless Christian population of Kandhamal District, it is still not able to ensure the safety and security of thousands of Christians who cannot still return to their village homes. "From an initial strength of 25000, the numbers in government refugee camps have come down to 4000. Of these 4000 we have taken 2500 people to transition relief camps near their respective villages. Currently only 1500 people are staying in block-level relief camps in Tikabali, K Nuagaon and Raikia," Kandhamal distinct collector Krishan Kumar told The Indian Express. Behind the wordplay, it is obvious that there is no home still for these hapless people. The government has no count of people in private camps, some as far away as in Srikakulam in the neighbouring state of Andhra Pradesh and the thousands of others who have taken shelter with relatives in other towns and cities or are internally displaced persons in New Delhi and other cities and towns, seeking small jobs. It is particularly distressing that many of the worst affected were families of priests and pastors, nuns and religious workers who were specially targeted by the mobs. These families find it almost impossible to return still. The State is also coming under stress because the Union government in New Delhi has more than halved the strength of the Central Reserve Police Force in the district, which has come down to about 3,000 from the height of 6,000. Top officers had told John Dayal that police would be deployed from surrounding areas to keep the saturation in Kandhamal. But there are doubts if the Special Police newly recruited will be of any help, as most of the young men given jobs remain from the aggressor sections. Church authorities have said that young and healthy, and educated, Christian youth were rejected when they responded to government advertisements seeking jobs as special police officers in Kandhamal. The government figures of about 150 churches, prayer houses and pastoral training centers and 3600 houses in Kandhamal damaged in the violence is also disputed by Christians. Even government’s own initial assessment was of about 250 or more religious place attacked.  Government has been selective in identifying religious places damaged, keeping out small hut churches in forest villages, for instance, and not counting thatch huts which were  homes of many a  Dalit Christians and which was destroyed in the widespread arson which lasted nearly two months. The government is in a hurry to evacuate the refugee camps, possibly before elections due later in April by current indications. Christians say their attackers still roam free and have been granted bail, other than those arrested in the rape of Sister M, the Catholic born in Sambalpur, who was attacked in Nuagaon on 25 August last year. The Criminal Investigation Department of the Orissa Police has filed the charge sheet before a judicial magistrate in the district. The nun had identified main accused Santosh Patnaik and Kartik Pradhan during the test identification parade held on January 5. Submitting a preliminary charge sheet before Dolagobinda Barik, Sub-Divisional Judicial Magistrate of Balliguda, this afternoon, the CID has accused 10 people of either rape or abetting the rape. They are Jhuria Pradhan (50) and his son Kartik Pradhan (22), Saroj Bhadei and his son Muna Bhadei, brothers Tapas Patnaik and Santosh Patnaik, Biren Sahu, Somanath Pradhan, Gajendra Digal and Jharalal Behera. The CID has given the sequence of events that led to the rape in detail in the charge sheet. The CID has submitted a set of another 50 names that were part of the mob that assaulted her, and has requested the court to issue non-bailable warrants against them. These 50 people are still at large. The case was handed over to the CID on October 3 after the Balliguda police sat on the case for about 40 days. The local police did not even pick up the report of the nun’s medical examination till the media reported it, weeks after the Church had protested. Meanwhile, the police have also filed a charge sheet in the murder of Vishwa Hindu Parishad leader Lakhmanananda Saraswati and his four in his ashram at Jalespeta. Maoists claimed to have carried out the assassination to punish the Hindutva leader for his activities in the region. The police have named seven people in its first 270 page charge sheet against seven people arrested in the case. The agency has named Duryodhan Sunamajhi, Munda Badamajhi, Sanatana Badamajhi, Vijay Sanseth, Gananath Chalanseth, Bhaskar Sunamajhi, Budhdev Naik. Naik is said to be a hardcore and others are active sympathisers of the Left-wing extremists.

A brief recall of the figures at the height of the violence August- October 2008:

ORISSA {Kandhamal and other affected districts’ data}:         

14 (of 30)         Districts hit

315                  Villages destroyed

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

54,000             Homeless initially

120                  People murdered

7                      Priests/ Pastors killed

10                    Fathers/Pastors/Nuns injured

 2                     Rapes confirmed [One of Nun]

252                   Churches destroyed [estimated by State government]

13                      Schools, colleges destroyed

 

 

 

 

2. KARNATAKA      

 8 (of 29)           Districts affected

33                    Churches attacked update again

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

3. TAMIL NADU                     

 12                     Churches attacked

 4. MADHYA PRADESH    

5                       Churches damaged

5. KERALA  

4                      Churches damaged

 6. DELHI                         2         

Churches damaged/destroyed [This update does not include incidents of violence and persecution witnessed in many other states, but not linked with the August 2008 outbreak.]

Angana Chatterji testimony in USA on Orissa anti Christian violence

To: The Congressional Task Force on International Religious Freedom 

From: Dr. Angana Chatterji
Associate Professor, Department of Social and Cultural Anthropology 
California Institute of Integral Studies
1453 Mission Street, San Francisco, California 94103
achatterji@ciis.edu; 415.575.6119 (office); 415.640.4013 (mobile) 

December 30, 2008

Re.: Recommendations for action, as requested, following a briefing held on December 10, 2008, on 'The Threat Religious Extremism Poses to Democracy and Security in India: Focus on Orissa', at 2168 Rayburn in Washington D.C.

I thank the Congressional Task Force on International Religious Freedom for honoring me with an invitation to testify at the hearing. I submit the following recommendations for consideration related to United States policy in its continued association with India, in ensuring mutual respect for, and commitment to, freedom of religion, a secular state, and the attendant human rights and civil liberties of disenfranchised, including minority, groups and peoples. 

The following submission is mindful of the political/policy borders and boundaries that mediate issues of national sovereignty. The implicit assumption is that actions to uphold human rights, civil liberties, and democratic governance by the United States Government contributes significantly to international discourse in ways that are beneficial globally as well as to United States domestic policy and practice. The following submission is an appeal for ethical negotiation between India and the United States as the most powerful (United States) and populous (India) democracies seek to fulfill their commitment to human rights and its attendant freedoms. In so doing, various constituencies in both nations remain hopeful that any opportunity for association between these states will assist in enabling mutual adherence to responsible and democratic governance. 

The following is in addition to the dossier of my research that I submitted at the hearing.

Note: 
I am a Citizen of India and a Permanent Resident of the United States. My observations are based on research on religious freedom and minority rights conducted by me in Orissa. I have undertaken 16 trips to the state since June 2002, and undertaken work in 66 villages, 11 towns, and 4 cities across 17 districts in Orissa. In 2005-2006, I co-convened the Indian People's Tribunal on Communalism in Orissa through the Indian People's Tribunal on Environment and Human Rights with Advocate Mihir Desai, with a panel led by Former Chief Justice K.K. Usha of the Kerala High Court.

Religious violence and the religionization of social life by Hindu nationalist organizations have continued to endanger life and livelihood for minorities in India, as witnessed in Gujarat (2002), Jammu-Kashmir (2008), Orissa (2007-2008), Karnataka (2008), Assam (2008), and elsewhere. The violence against Christian minority communities in Orissa in August-October 2008 was not unexpected. In Orissa, since the mid-1990s, a formidable mobilization has been established by Hindu nationalist groups, including in Kandhamal district. These groups have acted with egregious impunity with adverse impact on society, economy, culture, religion, polity, and security in the state. The Sangh Parivar 'family' of Hindutva, Hindu supremacist, organizations has a visible presence in twenty-five of thirty districts in Orissa. The Sangh Parivar has amassed between 35 and 40 major organizations with numerous branches (including paramilitary hate camps) in 25 districts in Orissa, with a massive base of a few million operating at every level of society, ranging from, and connecting, villages to cities, in their campaign to 'convert' Orissa for the 'Hindu nation'. 

Following the recommendations for action listed below please find a note on actions proposed by concerned citizens in India, and a brief note on the context of Hindu nationalism in Orissa today.

Recommendations for action in the United States:
Various diasporic charitable organizations affiliated with Hindu nationalist ideologies operate in the United States. This has been well documented with details submitted by me in the dossier. These organizations routinely maintain links with Hindu nationalist leaders and organizations in India, including in Orissa. As well, these diasporic organizations seek to influence public discourse and policy in the United States that relates to India. They also fundraise to export capital and resources to counterpart/affiliate organizations in India, including in Orissa, that assist in various ways in promulgating Hindu nationalist ideology. It is imperative that charities involved in work that promulgates and maintains an infrastructure of hate and violence against minorities be so designated. A list of such charities must be responsibly developed in consultation with academics, researchers, and independent bodies with relevant expertise on the subject. Following such identification, investigations must be undertaken by relevant authorities into the actions of these organizations operating with charitable status. Note: The categorization of organizations that promulgate divisiveness, hate, and violence must occur with the utmost care and in a transparent manner, so as to not infringe on the freedoms, rights, and entitlements of organizations that legitimately undertake charitable work, or ensue the demonization of vulnerable groups and marginal, even unorthodox, perspectives. The objective is not to further involve the state in public life, but to note that the state is already involved in the ability of these organizations to function. Hindu nationalism operates as a transnational movement and the reach of its affiliated 'charitable' organizations in the United States continues internationally through groups they fund and support in India. Halting their interventions requires new ways of thinking about domestic and foreign policy and necessitates coordination between the United States and India as a tenet of bilateral cooperation.

Toward the above and further:

1.     Undertake a systematic, routine, and detailed investigation into the actions of diasporic Hindu nationalist groups to identify and investigate their status, actions, finances, and the actions and affiliations of their membership in the United States, as well as their affiliates and cadre. These groups must be investigated and monitored, and, as appropriate, requisite action must be taken and sanctions must be imposed on their activities. 

2.     Many of these organizations, registered as charitable entities in the United States, routinely allocate sizeable amounts of money under 'program services', disproportionately directed to Hindu nationalist and affiliated groups in India. The effects of this have been documented in the organized violence against Muslims, aided by officials of the state government at the highest level, in Gujarat in 2002.

3.     Certain diasporic organizations affiliated with Hindu nationalism, such as the India Development Relief Fund (IDRF, Tax identification number 52-1555563) and Vishwa Hindu Parishad of America (VHP-A, Tax identification number 51-0156325), Sewa International (Tax identification number 20-0638718), and Ekal Vidyalaya Foundation of USA (Tax identification number 77-0554248) are registered as charity organizations in the United States. As their work appears to be political in nature, they should be audited and recognized as political organizations. A serious concern is whether the activities of these fall within the objectives of their tax-exempt status; whether in fact these organizations should have been registered as 501(c)3 groups given the nature of their activities, whether the monies collected are indeed used for the purposes for which they were collected, and whether illegal and political activities are being carried out in the name of social work. Given these concerns, the charitable status, and the rights and privileges thereof, enjoyed by these groups should be reviewed, and, where appropriate, revoked. Further, their activities should be monitored to determine their role in fomenting hate and undermining the human rights of various individuals and groups in India. Note: The VHP failed to gain recognition at the United Nations as a 'cultural organization' in 1999 because of its philosophical underpinnings, even as the VHP-A continues to function as an independent charity, registered in the United States since the 1970s. 

4.     The Hindu Swayamsevak Sangh-USA (Tax identification number 52-1647017, an ideological affiliate of the militant Rashtriya Swayamsevak Sangh in India) and VHP-Overseas (Tax identification number 04-3576058) are registered as 501(c)3 groups and operate as cultural organizations, seeking to mainstream and lobby Hindu nationalist concerns in the United States. The impact of their activities in promulgating hate and perpetrating 'terror' and communal violence in India must be investigated.

5.     Monitor visa issuance to, and the travel of, Hindu nationalist leaders and activists charged with involvement in criminal acts. A case in point is Mr. Narendra Modi, the incumbent Chief Minister of Gujarat, who has been implicated in the violence orchestrated against Muslims in 2002, and whose visa was revoked by the United States in 2005, following advocacy on part of civil society groups and academics in the United States and support from Congressional members. 

6.     Ensure that appointees to federal and state positions, or those that serve in an advisory capacity, or as experts to state officials are scrutinized for affiliations or linkages they may hold within Hindu nationalist groups. These affiliations, where they exist, should not be treated as benign, and a reasoned investigation must be undertaken to determine whether the prospective appointee or advisor is able to fulfill requisite service obligations with ideological and practical distance from Hindu nationalist agendas. A case in point is Ms. Sonal Shah, who was appointed to President-elect Barack Obama's 15-member Transition Team in November 2008. While her list of accomplishments and expertise run high, she has worked as a National Coordinator for the VHP-A and served on its Governing Council, and her organization, Indify, affiliated with Ekal Vidyalaya of India, and supported the ideological and political premises of Hindu nationalism, and their action programs.

7.     Ensure that international human rights and independent monitoring groups are invited to India on a regular basis to monitor the status of religious freedom and human rights of minority communities and allied faith and secular peoples and groups. The ability of international human rights and independent monitoring groups to work in alliance with local civil society institutions is crucial to interrupting the isolation disenfranchised/minority groups experience and producing accountability.

8.     Ensure that the constitutionality and transparent implementation of security laws of India, as they pertain to religious groups and religious freedoms, are able to be rigorously monitored by international human rights and independent monitoring groups in alliance with local civil society institutions. These laws have been, without due cause, disproportionately and variously used by law enforcement agencies in India against minority communities and those dissenting unethical practices of the state, and their rights have not been duly protected.

9.     All bilateral projects must be assessed for their human rights implications, and cost-benefit analyses undertaken to determine/ensure that these projects are in fact positioned to make contributions that are empowering for disenfranchised groups, including minorities, so as to enable the restructuring of inequitable and institutionalized relations of power that lead to majoritarianism and communal violence. 

Actions applicable to Orissa and at the national level in India:
Reciprocally, it is important to note certain actions that have been proposed by concerned citizens in India that the Government of India and Government of Orissa must undertake toward effective intervention into the organization and growth of Hindu nationalism. Toward this:

1.     In India, the Central Bureau of Investigation must be required to expeditiously investigate the activities of the Bajrang Dal, Vishwa Hindu Parishad (VHP), and the Rashtriya Swayamsevak Sangh (RSS) in Orissa, and apply, wherever necessary, relevant provisions of the Unlawful Activities (Prevention) Act, 1967. Section 2G of the Act, 'unlawful association' denotes: (1) 'that which has for its object any unlawful activity, or which encourages or aids persons to undertake any unlawful activity, or through which the members undertake such activity'; or (2) 'which has for its object any activity which is punishable under Section 153A or Section 153B of the Indian Penal Code 1860 ([Central Act] 45 of 1860) or which encourages or aids persons to undertake any such activity; or of which the members undertake any such activity'. 

2.     A review panel must be appointed by the Government of Orissa, in consultation with the National Human Rights Commission, the National Minorities Commission, and other relevant independent bodies, such as the People's Union for Democratic Rights and People's Union for Civil Liberties, to identify and investigate the status, actions, finances, and membership of Hindu nationalist groups and their affiliates and cadre, and the actions of their membership. These groups must be investigated and monitored, and, as appropriate, requisite action must be taken and sanctions must be imposed on their activities, and reparations must be made retroactively to the affected communities and individuals. The Government of Orissa must act to stop instances of communalization from escalating into violent episodes.

3.     Hindu nationalist leaders, activists, and organizations in Orissa charged with involvement in criminal acts and involvement in actions that have led, or may lead, to communal violence must be investigated and prosecuted. 

4.     Certain organizations, such as the VHP and Vanavasi Kalyan Ashram, are registered as cultural and charitable organizations. As their work appears to be political in nature, they should be audited and recognized as political organizations. A serious concern is whether the activities of Hindu nationalist charitable organizations fall within the objectives of the social trust/public charitable trust and whether in fact these organizations should have been registered as social trusts given the nature of their activities; whether the monies collected are indeed used for the purposes for which they were collected and whether illegal and political activities are being carried out in the name of social work. Given these concerns, the charitable status, and the rights and privileges thereof, enjoyed by these groups must be reviewed and necessary action taken.

5.     The Government of Orissa and the Central Government must make concerted efforts to identify, investigate, and eradicate paramilitary hate camps being operated in Orissa by the Hindu nationalist groups that instruct cadre in arms training and militancy with the express purpose of threatening and destroying disenfranchised and minority populations through social and economic boycotts, sporadic and organized intimidation, arson, rape, murder, and other forms of social, gendered, sexualized, economic, and physical violence. 

6.     Various police and court investigations related to crimes against minorities have not been undertaken in Orissa. On various occasions, the police have refused to file First Information Reports (FIR). Police desks should be set up for registering minority grievances and filing FIRs, and the Government of Orissa must appoint a team of Special Public Prosecutors to conduct proceedings as necessary. Toward this, independent monitoring bodies must be supported and protected.

7.     The Government of India and the Government of Orissa must take adequate and expeditious steps to ensure that those who convert voluntarily to Christianity, Islam, or any other faith are allowed to practice their religion. Failing to do so is in serious violation of Articles 25-28 of the Constitution of India, which define the Fundamental Rights of every citizen of India, and those that the Government of India and the Government of Orissa are obligated to uphold. Toward this, independent monitoring bodies must be supported and protected.

8.     Hindu nationalist organizations are forcibly converting Christians and other non-Hindus in Orissa to Hinduism. Sangh Parivar activists claim India to be a Hindu nation and all Adivasis (tribals, indigenous peoples) and Dalits (erstwhile 'untouchable' groups) to be 'originally' Hindus, even as Adivasis and Dalits often do not self-identify as such. Drawing on such rationales, Hindu nationalist organizations justify coercion in 'bringing back' Adivasis or Dalits to Hinduism. Urgent steps should be taken to stop the Hinduization of these communities by means of coercion or duress. The police and courts must act immediately and authoritatively to stop Hindu nationalists from enacting forcible conversions or 'reconversions', and the police must be required to submit regular and public reports documenting their work in this matter. 

9.     The disparagement, demonization, and vilification of any religion should be statutorily prohibited and held punishable under the Indian Penal Code. 

10.     The Orissa Freedom of Religion Act, 1967, must be reviewed and repealed.

11.     The Orissa Prevention of Cow Slaughter Act, 1960, must be reviewed and repealed.

12.     The Government of Orissa must establish and activate the State Minorities Commission.

13.     The BJD-BJP coalition government in Orissa must honor the Constitutional mandate requiring the separation of religion from state.

14.     Police, judicial, and governmental reform, including diversity training, must be addressed by relevant state institutions, and action taken against officers of the law and political servants who abuse their position of public trust by using their power to influence and support Hindu nationalist organizations and sustain a climate of communalism in Orissa.

15.     The Government of Orissa must adopt an integrated and sustainable approach to community development, and take concrete efforts to stop further ghettoization of minority communities. The Government of Orissa must promote non-segregated localities, housing complexes, housing societies, clubs, educational, and recreational institutions, and that the Government of Orissa must publicly support social interactions, including voluntary inter-caste, inter-faith, and inter-class unions, marriages, and partnerships.

16.     The Government of India must issue a White Paper on bomb blasts and terror attacks in India and constitute a Joint Parliamentary Committee that investigates such incidents.

17.     The law should be amended to obviate the requirement of prior sanction of the state before prosecuting anyone for hate speech.

18.     The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2005, introduced in the Parliament of India in December 2005 and approved by the Union Cabinet in March 2007, must be passed, and with the requisite clauses to ensure state accountability. The bill, advocated by citizen motivated efforts for the prevention of genocide and crimes against humanity, in its official formulation as introduced by the Congress government, remained deficient in defining procedures for state and public accountability. As presently drafted, the law will become applicable only selectively. An amendment should do away with the law being made applicable only selectively, at places and times as convenient to the state. In addition, there exist no dedicated provisions for reparation and rehabilitation of victims/survivors. The bill fails to address issues of negligence displayed by state authorities in preventing and controlling communal violence, and in disbursing timely and just compensation and psychosocial rehabilitation, as well as establishing parameters for witness protection and for soliciting and recording victim testimonies. It fails to chart measures to bring justice and accountability with regard to gender and sex-based crimes in the event of communal violence (which is not effectively addressed by the Indian Penal Code or separate legislation), and in imposing checks and balances on the state and its police and security forces, whose inertia and majoritarianist complicity in communal collisions have been consistent.

19.     On 29 November 1949, India became a signatory to the Convention on the Prevention and Punishment of the Crime of Genocide, approved by the United Nations General Assembly resolution 260 A (III) of 9 December 1948. On 27 August 1959, India ratified the Genocide Convention. However, India is yet to fulfill its obligatory commitment to enact legislation to implement the convention, which it must be compelled to undertake.     

Context of Hindu nationalism in Orissa:
Conscription into Hindu activism is coordinated through political reform, propaganda/thought control, cultural and religious interventions, developmental/social service and charitable work, sectarian health care, unionization, and revisionist education. Hindu nationalists have inaugurated various trusts and branches of national and international institutions in Orissa to aid fundraising, including, reportedly, the Friends of Tribal Society, Samarpan Charitable Trust, Sookruti, Yasodha Sadan, Utkal Bipanna Sahayata Samiti, and Odisha International Centre. It is noteworthy that since March 2000, the state government has comprised of a coalition of the Biju Janata Dal and the Bharatiya Janata Party (the parliamentary wing of Hindu nationalism).
The Sangh Parivar has built a cadre comprised of Hindus, men and women, in targeting Christians, Muslims, Adivasis and Dalits, and other disenfranchised, progressive, and secular groups in Orissa. Orissa has a population of 36.8 million (Census 2001). Of this, 761,985 - 2.1 percent - are Muslims. Orissa Christians number 897,861 - just 2.4 percent of the state's population per the census of 2001 (in 1991, it was 2.1 percent, and in 1981, 1.7 percent). There are 6.08 million Dalits in Orissa, 16.5 percent of the population. Adivasis are 8.14 million in number, 22.1 percent of the population, the largest among all states in India.

The Sangh Parivar's agenda is enabled by the staggering inequities present in the state, where severe social and institutionalized forms of caste, class, and gendered oppressions are rampant, facilitative of regularized violence, including sexualized violence. Unemployment is on the rise in Orissa and abysmal daily wages prevail; 47.2 percent of the total population lives in poverty while 48 percent of the rural population is poor (87 percent of the state's population lives in villages currently and per the 2001 census, there are 51,352 villages in Orissa). Among the Adivasi population, 63.6 percent are poor while 40.5 percent of Dalits live in poverty. Among the Muslim population, 70 percent are poor in Cuttack, Jagatsinghpur and Puri districts, where they are concentrated. 

During the 2008 violence in Orissa, various militant Hindu nationalist organizations acted with impunity. The violence was led by the following groups -- the Bajrang Dal, VHP, and RSS. Following the riots and extended violence against Christian communities in Kandhamal district of Orissa in August-October 2008, the Government of Orissa and police, military, paramilitary forces deployed in the state failed to respond effectively, efficiently, or appropriately. This posed a serious threat to democratic governance in the state and the ability of government to ensure the security and sanctity of peoples and groups made vulnerable through majoritarian communalism as perpetrated by Hindu nationalist organizations in the state. The Central Government in New Delhi as well failed to respond in a timely and effective manner and with due concern. 

It is only after the violence drew significant national and international attention, and began to generate other and political consequences, that both state and central governments responded to stop the violations against Christian minority groups in Orissa. The outrage and response of the state failed to match the proportion and extent of violence perpetrated by Hindu nationalist organizations. As of 25 December 2008, rehabilitation measures and provisions ensuring the security of vulnerable groups in rural areas and towns in Kandhamal district remained vastly inadequate. 

The matters and circumstances that led to the Kandhamal violence of 2007 and 2008 in Orissa continue to pose a threat to the sanctity and security of human rights in the state, particularly of religious and ethnic minorities such as Christians and Muslims, disenfranchised Adivasi, Dalit, and caste groups, and other vulnerable groups such as women, and secular organizations and active individuals across the state. Failure to take preventative and effective action continues to jeopardize the rule of law, the right to life and livelihood, freedom of religion, of speech, movement, assembly, inquiry, and the right to information in Orissa. As I write this, the situation in Orissa remains beleaguered and volatile, de facto in a state of emergency.
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