Christian Council suggests major overhaul of bill against communal violence

The following is the text of the letter

Dr. Manmohan Singh

The Prime Minister of India

Your Excellency Dr. Manmohan Singh:

Greetings from the All India Christian Council.

We applaud your government for its desire to protect the idea of India – a secular government with equality for all. We welcome the intention to pass a Bill on

communal violence which will add to India’s strong body of laws.

However, the Christian community has deep concerns about the Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, 2009, from the drafts we’ve

read. We humbly request a serious re-write of this legislation. Our main concerns:

1. The Bill doesn’t adequately address the question of hate campaigns and the “communalisation process” (i.e. hate speech published in local language media) that

precede communal violence. This well-studied phenomenon of activities, some already illegal but not often prosecuted, is a root issue.

2. The Bill doesn’t take into account the demography and pattern of living of various communities. Specifically, anti-Christian violence is normally dismissed by

public officials as “sporadic” (although there may be a serious incident daily in some areas). Because other minorities live in concentrated or contiguous areas, those

“communally disturbed areas” are more easily identified. In Orissa, Kandhamal would likely not fit the Bill’s definition but we know what happened there in 2007-2008.

3. The Bill doesn’t give States guidelines on reparations and compensation. We need a uniform national policy as well standards on the assessment of damages after

riots in order to prevent ghettoisation.

4. The Bill doesn’t fully address police and administrative impunity properly or adequately. The “good faith” clause, which exempts police and public servants from

prosecution unless there is permission from the executive branch, is a major concern.

We share concerns, especially voiced by Muslim groups, that the Bill doesn’t fully acknowledge the individual victim, treats communal violence as spontaneous rioters

versus rioters (instead of acknowledging the possibility of premeditated or state-sponsored violence), and gives much power to state

governments which, historically, have occasionally acted in a biased manner. We need to see stronger checks and balances.

Also, we acknowledge that some shortcomings are systemic legal issues better addressed by your government in separate legislation or orders. The most important, in our

humble opinion, include:

• Establishing witness protection programs and guidelines

• Strengthening of National Commission for Minorities and state minority commissions

• Action against police who refuse to register FIRs

• Permanently debarring government officials guilty of involvement in communal violence – or any crime – from government jobs and from contesting any office

• The rights of “internally displaced persons” in relief camps should mirror UN Guiding Principles on Internal Displacement e.g. including immediate education

for displaced children

Many provisions of the current version of the Bill are acceptable. But we request you to consider the input above so that a weak Bill is not passed which requires the

almost impossible process of securing future amendments.

Our community has learned from recent waves of communal attacks in Orissa and Karnataka as well as ongoing onslaught on house churches, individual pastors/priests and

nuns, and the terrible hate campaigns in newspapers which are officially sponsored by several state governments. Our suggestions are rooted in the reality of rural

India where the vast majority of our members – thousands of Protestant, Catholic, and independent Christian organisations – live and work to improve our beloved

society.

Yours Sincerely and Most Respectfully,

Dr. Joseph D’souza, President, aicc, Hyderabad, dsouza@aiccindia.org

John Dayal, Secretary General, aicc, New Delhi, john.dayal@gmail.com

C.C.:

Shri M. Veerappa Moily, Union Cabinet Minister for Law & Justice

Shri P. Chidambaram, Union Minister of Home Affairs

Shri Salman Khurshid, Union Minister of State (Independent Charge) for Minority Affairs

Smt. Sonia Gandhi, Chairperson, Indian National Congress Party

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

Hindustan Times report today:

Amended law to let Centre take charge in riot-hit states

Aloke Tikku, Hindustan Time

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New Delhi, March 17, 2010

The government’s final version of the communal violence law empowers the Centre to take charge of an area where riots have broken out once it sends in central forces,

if it finds the state government concerned reluctant to act against the rioters.

The new law still does not allow the Centre to send armed forces on its own to a riot-hit spot. But once a state has asked for central forces to quell violence, the

Centre will have the right — under certain circumstances — of setting up a unified command, comprising these forces and the local police.

The amendment was cleared by the Cabinet last December and is expected to come for parliamentary approval next month.

The Communal Violence (Prevention, Control and Rehabilitation of Victims) Bill, however, says the Centre can declare an area “communally disturbed” and take direct

charge only if the state concerned refuses to act against the violence being perpetrated to such an extent that the secular fabric of the country, or internal

security, is endangered.

To guard against political misuse, the law stipulates that the Centre must

draw the attention of the state government to the deteriorating state of affairs, and set a deadline for it to take necessary steps to suppress the violence.

Until now, central forces deployed in a state worked under the control of the local district administration. But henceforth, in special circumstances, it will work

under the unified command, which will report to the Centre.

The amendment was conceived of in the backdrop of the 2002 Gujarat riots, when it was widely believed the state government had done little to discourage the rioters.

Even so, it is bound to anger state governments who will see it as an encroachment on their powers. Eight of 12 states that responded to a survey by a parliamentary

panel had even opposed an earlier, milder version.

BETWEEN HOPE AND HOPLESSNESS

THE INDIA UPDATE

ANTI-CHRISTIAN VIOLENCE SINCE AUGUST 24, 2008

Updated 20^th January 2009

 1. ORISSA         Ten years after the Christmas violence in the Dangs district of Gujarat  in 1998, and the burning alive of Australian missionary Graham Stuart Staines, on 22 January 1999, in Orissa, anti Christian violence has not just grown in the two regions, but has spread to other states such as Karnataka. Tamil Nadu and Andhra Pradesh.  Karnataka, in fact, has now surpassed Gujarat and Madhya Pradesh, which were earlier the main areas witnessing persecution. In Orissa, where violence broke out between 24 to 27 December 2007 and then again between 24 August 2008 till the end of the year, a chilling tension still pervades the worst affected district of Kandhamal. And in government camps in G Udaygiri and Raikia in Kandhamal, more than Eight Thousand refugees live a life of torment, humiliation and unemployment. The un-totaled thousands in small and big Church-run camps outside Kandhamal and even deep in Andhra Pradesh that have little coordination with each other, people face an uncertain future. And perhaps 30,000 people still escape to the forests every night to sleep the night in the safety of raw nature, for fear of the marauding gangs. During sunlight hours, they attempt to harvest the paddy crop in the safer areas. Christian and Civil Society groups tried unsuccessfully to move the Courts to stop a government move to forcibly send back people from refugee camps back to distant villages without providing adequate security and employment. The Central Reserve Police Force has begun to thin out from its peak strength of 6,000 on the eve of Christmas, despite earnest requests to government to maintain sufficient numbers to bring confidence to the battered people. Criminal Investigation Department police are making some headway in the investigations in the rape of the Catholic nun, and that of another woman, a Hindu brutalized because her uncle had converted to Christianity. But police also admit that they will have to "trim" the list of about 70,000 persons named as aggressors in over in 746 cases to manageable numbers. The new Director General of Police feels that in each case only a clutch of principal accused can be investigated. So far 598 accused have been actually arrested. Christians have told investigators that many of the aggressors are still roaming free, and some murder suspects have even come to the government refugee camps. The death toll remains a matter of dispute. Human rights groups have a total of 120 names of persons of whom 103 are confirmed dead, and 17 are those whose names are not known, but are known only by their relationship with some villagers. Though there have been several other incidents in Orissa in December and mid January 2009, they have not been directly linked with the earlier sequence of violence. Reconstruction of the houses is yet to begin, and churches await the government assistance promised them by the Government after the intervention of the Supreme Court of India.

 A brief recall of major persecution:

ORISSA:         

14 (of 30)         Districts hit

315                  Villages destroyed

4,640               Houses burnt [State government 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.]

AND LEST WE FORGET

The decadal growth of the Sangh Parivar in Orissa from the martyrdom of Graham Stuart Staines and his sons on January 22, 1999, and of Father Bernard digal in the violence of August 2008

RSS the mother organization now has 6,000 shakhas with a 1,50,000 plus cadre.

 

The VHP has 1,25,000 primary workers in Orissa.

 

The Bajrang Dal has 50,000 activists working in 200 shakhas.

 

The ruling  Bharatiya Janata Party has above 4,50,000 workers.

 

 The Durga Vahini, the women’s group has 7,000 outfits in 117 sites.

 

The Rashtriya Sevika Samiti, another gender group, has 80 centres

 

Bharatiya Majdoor [labour] Sangh manages 171 trade unions with a cadre of 1,82,000 members.

 

 The strong Bharatiya Kisan [farmers] Sangh has 30,000 in 100 blocks.

 

Other  Sangh front organisations include Friends of Tribal Society, Samarpan Charitable Trust,

Sookruti, Yasodha Sadan, Eklavya Vidyalayas [schools], Vanvasi Kalyan Ashrams and Parishads , Vivekananda Kendras, Shikha Vikas Samitis and Sewa Bharatis.

Kandhamal district, one of Orissa’s thirty, has 2,415 villages, the two towns of Phulbani and Balliguda.

 

Orissa’s 36.8 million population has a mere 2.4 per cent Christians, 2.1 per cent Muslims.

 

[Data courtesy Census of India, Survey of India, Prof Angana Chatterji [US] and others]

John Dayal, 19^th January 2009

Three -month update on Orissa violence aftermath

All India Christian Council Press release

Three months after start of India’s unprecedented anti-Christian violence
118 Christian deaths in aicc list of reliable reports
Thousands will face Christmas in relief camps or hiding in forests


HYDERABAD – Nov. 25, 2008: Sparked by the murder of Swami Lakshmanananda Saraswati on August 23, 2008, anti-Christian violence swept through the eastern state of Orissa during a bandh (strike) on August 25, 2008 and continued for almost two months. Today about 10,000 Christians – mostly Dalits and a few tribals – languish in state-run relief camps and are afraid to return home due to continuing threats by Hindu extremists. Maoist militants claimed responsibility for the swami’s murder, but rightwing Hindu groups blamed Christians and attacked Christians in 14 of 30 districts.

Today the All India Christian Council (aicc) announced it has reliable reports of 118 murdered Christians. Names, locations, and more details are available for 91; the remaining 27 are confirmed by reliable sources but bodies haven’t been identified. Previously, the confirmed death toll was 60 people. However, a fact finding report by an Indian political party estimated 500 deaths after interviews revealed many bodies were not recovered by authorities and some were cremated or buried clandestinely by attackers.

Dr. John Dayal, aicc Secretary General, said, “For thousands of displaced Dalit and tribal Christians in Kandhamal District, this will be their second Christmas spent in relief camps or hiding in the forests. Children couldn’t go to school for much of the year and their parents were unable to find steady work. Threats and coercion against Christian leaders continues unrestrained. We pray for peace and restoration of the rule of law, but the local Christian community is understandably pessimistic.” Hindu extremists targeted Christians in Kandhamal District between Dec. 24, 2007-Jan. 2, 2008.

Rev. P.R. Parichha, aicc Orissa chapter president, said, “Of the 54,000 displaced Christians, about 24,000 victims were in 14 government relief camps until some camps were closed and victims asked to return to their villages. However, due to ongoing threats of attacks and forced conversions, most victims fled to private relief camps in major cities of Orissa or bordering states. Many will never return home.” The aicc has provided blankets and other household items to thousands of victims in both private and government relief camps.

Dr. Joseph D’souza, aicc President, said, “Greater than the tragedy of violent attacks on innocent Christians is the ongoing travesty of justice in Orissa, Karnataka, and other states across India. We have not seen any ringleaders punished, and both the state and central government refuse to prosecute rightwing Hindu ultra-nationalists who incite violence against minorities. This impunity is disgraceful for the world’s largest democracy.”

The aicc hosted a fact finding visit by Baroness Caroline Cox of Queensbury in Greater London, a member of the British House of Lords, from Oct. 30-Nov. 4, 2008. She initiated a debate on India’s anti-Christian violence in the United Kingdom Parliament on Monday, Nov. 17, 2008. Read the transcript here: http://www.parliament.the-stationery-office.com/pa/ld200708/ldhansrd/text/81117-0001.htm#0811175000016. She is also Chief Executive of HART (Humanitarian Aid Relief Trust). Read her report here: http://indianchristians.in/news/images/resources/pdf/2008_HART_UK_Orissa.pdf.

According to the Christian Legal Association of India, over 1,800 complaints about crimes including arson, assault, and murder were collected in the last three months. Aicc has assisted in collecting complaints from victims in relief camps. Lawyers made at least 800 of these into First Information Reports (FIRs) which are filed with police. Hundreds, including a few Christians, were arrested but most released on bail. Fast track courts, promised by the state government, are not functioning yet.

On Nov. 16, 2008, the Orissa government announced compensation ranging from Rs. 10,000 to Rs. 200,000 depending on the extent of damage and whether it was a church building or a “prayer hall”. This was in response to a decision on Oct. 22, 2008 by India’s Supreme Court on Writ Petition Civil, 404 of 2008 (Archbishop Raphael Cheenath S.V.D. vs. State of Orissa & ANR). When 105 churches from 15 denominations were vandalised over Christmas 2007, the state authorities refused to assess damaged churches and assist in rebuilding them. Only houses and educational or medical institutions were eligible for compensation. The first structures damaged in the attacks, Dalit businesses, did not receive any assistance.

D’souza said, “We will carefully track the rehabilitation efforts of the state authorities, but we are deeply skeptical at this point. In the past, state assessors categorized fully damaged houses as only partially damaged or endlessly delayed monetary compensation to victims. We’re worried the promise of assistance for churches will not match the reality.”

Dayal said, “The legal status of the Kui people, classified as Scheduled Tribe by the government, and the demands of the Pano people, a Kui speaking tribe classified as Scheduled Caste or Dalit by the government, needs to be resolved. These are critical identity issues exploited by rightwing Hindu leaders in the region.”

Christian leaders are concerned over the progress of investigations by two state-appointed “commissions”. Each is comprised of a single retired Orissa High Court judge. Basudev Panigrahi continues to investigate the Dec. 2007 violence, and Sarat Chandra Mohapatra started an inquiry into the killing of swami Saraswati and subsequent communal violence. At the national level, the National Commission for Minorities issued a report in mid-September. India’s National Human Rights Commission sent an investigative team to Kandhamal, Orissa, from Nov. 12-18, 2008, although a public report is not expected.

Since Aug. 23, 2008, the aicc recorded: 315 villages damaged, 4,640 Christian houses burnt, 54,000 Christians homeless, at least 6 pastors and one Roman Catholic priest killed, 10 priests/pastors/nuns seriously injured, estimated 18,000 Christians injured, at least two women (including a nun) raped, 149 churches destroyed, 13 Christian schools and colleges damaged. Attacks mostly stopped in mid-October, but sporadic violence continues. On Nov. 12, 2008, local aicc leaders said a Catholic church was attacked in G. Udayagiri by a mob of about 200 people. Yesterday, Nov. 24, 2008, police imposed Section 144 in Daringbadi to prevent protests planned by a tribal leader with ties to anti-Christian attacks. Indian Penal Code Section 144 prohibits more than four people from gathering.


For more information, contact:
Sam Paul, aicc National Secretary of Public Affairs
sam@christiancouncil.in
+91-9989697778
+91-40-2786-8908


The All India Christian Council (www.christiancouncil.in), birthed in 1998, exists to protect and serve the Christian community, minorities, and the oppressed castes. The aicc is a coalition of thousands of Indian denominations, organizations, and lay leaders.

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