No peace for Greenpeace

No peace for Greenpeace, or even the mighty Ford Foundation

With FCRA registrations required to be renewed in 2016, thousands of voluntary groups, including those of the church,  are being coerced

JOHN DAYAL

Pandit Jawaharlal Nehru loved people, and groups, who worked for their fellow man, or assisted him to develop the new India he envisioned after Independence. Gandhians, as they came to be called, were among the first of these groups carrying on pursuits  and organisations  that Mahatma Gandhi or his associates had started. Perhaps they did not think of themselves as NGOs, the famous acronym that still expands as Non Governmental Organisations, and therefore does not include arms of the government which sometimes masquerade as voice of the people in international conferences, specially those relating to human rights, nuclear energy, and peace. They are better known as GONGOS, government-organised NGOs. Some of them spy on NGOs, others present  the government’s point of view, supplementing the official delegation, so to say.

Mr. Nehru’s daughter, Mrs. Indira Gandhi, did not dislike NGOs and had continued to patronise  most of her father’s favourites, Including the Ford Foundation despite her distance from the United States in the run up to the 1971 crisis with Pakistan and the birth of Bangladesh. But by 1974, she was looking askance at the Gandhians, who she suspected were part of the conspiracy that was seeing mounting unrest against her government. When she lost the Allahabad High Court  challenge by  the maverick Ran Narain to her election, she imposed a State of Internal Emergency, which Mr. Siddharth Shankar Ray claimed was at his advice. While suspending most civil rights, she also imposed a new law, called the Foreign Contributions Regulation Act to starve the Gandhi peace Foundation and other NGOs of funds, and thereby their ability to reach out to the people.

The ruler’s paranoia against anyone remotely suspected of working against her, or him, had well and truly taken root in the Indian soil as perhaps in feudal times, or the height of the British Raj.

Mr. Narendra Modi, the current Prime Minister, may ridicule the Nehru-Gandhi dynasty, but like his Bharatiya Janata party predecessor in office, Mr. Atal Behari Vajpayee, is a secret admirer of some of them. Mr Vajpayee fancied himself a latter day avatara of Mr Nehru.  Mr Modi thinks of himself as an iron fisted ruler like Mrs Gandhi who saw her as a one-man Cabinet, and a ruler who made neighbouring heads of government quake in their shoes. And perhaps he wants to borrow from Mr. Rajiv Gandhi the love for technology. But it is Mrs. Gandhi he borrows his vindictiveness, and a tendency never to forgive.

There would not seem to be very many other reasons to explain the overkill and single-minded pursuit of NGOs and activists he suspects to have been targetting him in Gujarat since 2002, and in New Delhi since he took over as Prime Minister in ay 2014. He has not forgotten or forgiven that Teesta Setalvad and her NGOs put several of his party men, and at least one minister, in jail for the massacre of Muslims in the pogrom of 2002, and got his visa to the US withdrawn till he got a diplomatic immunity after assuming the prime minister’s office. He has not forgiven others for persisting with follow ups of extrajudicial killings. Above all, he has not forgotten that Greenpeace has been fighting all his friends, from Vedanta and the Ambani brothers to Mr Adani, also of Gujarat, who want  easy terms and fast track acquisition of land that sits over mineral deposits or is planned for future infrastructure but now is home and food-producer to Tribals and farmers.

He is now chasing them ruthlessly, using the Home ministry to stop their activists, such as Ms. Priya Pillai of Greenpeace, from going to international meetings, suspending or cancelling their FCRA permits, and in the case of activists, trying to scare or starve them into inaction, if not penury. And when possible,  the Intelligence Bureau and the Police are pressed into service. Outside official circles, cadres of the Sangh Parivar use social media to threaten and coerce activists, and blacken the image of the NGOs. The Sangh funds are sourced in ways that have never been explained, or investigated by the government.

But it remains to be seen if the government has taken on too much in challenging Ford Foundation and Greenpeace, both highly respected in the west, with strong support on Capitol Hill in Washington and  government houses in the capitals of western Europe

It used to be said once that  if you have heard of the United States, you have heard of the Ford Foundation, set up by the family that launched the automobile revolution which clogs Delhi’s roads, and pollutes out air. But Ford is a favourite of India’s movers and  shakers, beginning from the great Jawaharlal Nehru. As many have pointed out, barring perhaps the communists, all too many think tanks, including the redoubtable Centre for Police Research and the Centre for Study of developing Societies have benefitted from its generosity. Inevitably, it has had a tremendous impact on police making, arguably for the good.

To use its own words from its official website, “The Ford Foundation supports visionary leaders and organisations on the front-lines of social change worldwide.” Its goals for more than half a century have been “to strengthen democratic values, Reduce poverty and injustice, promote international cooperation and advance human achievement.”

One does not recall it funding anything that went against the national and corporate interests of the US, but there still remains a large area, including human rights initiatives, where it lends a helping hand. Even by 2002 when it celebrated 50 years in India, the Foundation said that it had spent $500 million in the country. In the last five years, it distributed $50 million to groups in India. By now it has several projects in collaboration with state governments too. Even think tanks of the Rashtriya Swayamsewak Sangh have had a project or two active with the foundation over the years.

But Mr. Modi, it seems, is willing to forget all that just to punish the Foundation for financing Teesta Setalvad’s activities which he thinks are directed singularly against him. The Foundation is now on his watch list. An NGO cannot access Ford funds without seeking prior permission from  the government, even if it has  FCRA registration.

Greenpeace does not have the clout of the US foundation, but can be quite an irritant for governments and corporations, howsoever mighty they may be. Greenpeace, as we know, was born about the time Indira Gandhi was liberating Bangladesh in 1971. In faraway, cold, Canada, dreaming a green and peaceful world, a small team of activists set sail from Vancouver,  in an old fishing boat.  As Greenpeace historians describe its birth, “These activists, the founders of Greenpeace, believed a few individuals could make a difference. Their mission was to "bear witness" to US underground nuclear testing at Amchitka, a tiny island off the West Coast of Alaska, which is one of the world's most earthquake-prone regions. Amchitka was the last refuge for 3000 endangered sea otters, and home to bald eagles, peregrine falcons and other wildlife.

“Even though their old boat, the Phyllis Cormack, was intercepted before it got to Amchitka, the journey sparked a flurry of public interest. The US still detonated the bomb, but the voice of reason had been heard. Nuclear testing on Amchitka ended that same year, and the island was later declared a bird sanctuary.”

Greenpeace is now an international organisation, headquartered in Amsterdam, and with a vibrant branch in India which began in 2001, and in 41 other countries. From ints offices in Bangalore and New Delhi, it coordinates work on four broad campaigns -- stopping climate change, encouraging sustainable agriculture, preserving the oceans and preventing another nuclear catastrophe. Over the years Greenpeace India has built a strong base of supporters spread across the country and says two-thirds of its funding is generated within India. Greenpeace received foreign funding averaging Rs. 7.5 crore annually between 2009 and 2012.

Greenpeace India Executive Director, Mr. Samit Aich, says Delhi High Court in January this year had ordered that the NGO be allowed to access funds sent by its international office. The judge had also observed in court that the Home ministry’s action to stop funds access to funds from Greenpeace International was ‘arbitrary, illegal and unconstitutional’. The court said the government did not present any evidence against Greenpeace International to substantiate why it has put them on a prior approval list. Aich feels  the government wanted to prevent Greenpeace India from accessing funds from them in a timely and predictable manner. “This is having a real impact on the scale of our campaigns for clean air, standing forests, safe food and cheaper, cleaner electricity.” [See Indian Currents interview with Mr. Samit Aich, the Executive director of Greenpeace India.]

Some 45,000 organisations are registered with the Ministry of Home Affair’s FCRA division. The ministry has in media leaks said these NGOs  are classified into three broad categories. The current focus is on  those suspected of activities prejudicial to national interest and security. The other two groups are those suspected of violating registration norms, and those possibly laundering money.

Ant national activities have not been defined by the ministry, but can range from  organising tribals and fishermen to  supporting movements that target the corporate sector. The government says NGOs, particularly those involved in protests against the Kudankulam nuclear power project in Tamil Nadu, received foreign funds. It also alleges NGOs use FCRA channels to launder funds, but despite probing about 20 of the, has not been able to make any convictions.

 Minister of State for Home Affairs, Mr. Kiren Rijiju in a written reply in the Rajya Sabha to Mrs. Wansuk Syiem said adverse reports were received from intelligence agencies against NGOs such as Tuticorin Diocesan Association, Tuticorin, East Coast Research and Development Trust, Thoothukudi, Centre for Promotion and Social Concerns, Madurai and Greenpeace India Society, Chennai. Based on inspections/ investigations, the FCRA registration of Tuticorin Diocesan Association and Centre for Promotion and Social Concerns were suspended and their bank accounts frozen. FCRA registration of East Coast Research and Development Trust was cancelled. 

According to published data, in 2011-12, notices were sent to 21,493 associations who were found to have not submitted annual return for the years 2006-2007, 2007-2008 and 2008-2009. In October last year, 10,343 were given a month’s notice to give their annual returns. The government says the addresses of 8,975 were wrong and another 632 did not respond. All lost their registration.

Donors are difficult to classify so easily, but various governments have consistently targeted many large charity group, including Cordaid, the Catholic agency. The Modi government has expanded the list. Ministry records show in 2011-12, NGOs had received Rs. 11,546 crore from abroad. Of these, 20,297 grants were below Rs. 1 crore and 148 above Rs. 10 crore. The highest amount came from the US as usual. Small funds came from Rwanda, Latvia, Angola, Tonga, Malawi and Suriname.

Of about 3,000 foreign donors, and action has been taken against only 16 [by putting them on the Home Ministry's pre-approval list] for funding campaigns prejudicial to national security,” the official said.

Ironically a few friends of Mr. Modi have also been targetted, including the NGOs of Ms. Madhu Kishwar, who was a strong defender of the then Gujarat chief minister.  Ms. Kishwar, and several RSS acolytes which have targetted church connected NGOs, have been demanding a total ban on all foreign assistance to the voluntary sector. They say the government should set up a central fund to finance the activities of the voluntary sector. This, critics fear, will make the NGOs totally subservient to the government and political dispensation in power, and will make the voluntary sector just an arm of the ruling party.

In 2016, the registration of some 16,000 NGOs will be checked and there is apprehension that the Home Ministry will use this process to try to target organisations which have embarrassed the prime minister, or challenged  his development programmes, including the land acquisition bill, as anti-people laws that are designed to help the national and international corporate sector.

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Using FCRA to throttle civil society

India chokes NGOs dependent on Western charity

JOHN DAYAL

After trying to bludgeon the Catholic church in Tamil Nadu into submission and withdrawing its support to the protest against the Russian-aided nuclear power plant in Koodmakulam, the Indian government now seems bent upon choking civil society voices seen as challenging it on issues such as torture, religious freedom, and the life and death powers the military exercises over citizens in the country’s north eastern states.

The weapon of choice is the threat to cancel licenses under the Foreign Contributions Regulation Act that allows non-government organization, especially religious groups of all faiths, and Human Rights advocacy activists, to carry on their work with foreign financial help in an impoverished country where corporate and individual philanthropy is virtually unknown. 

While a large number of Hindu God men and women are also major recipients of donations from international charities, including church agencies in Europe and the United States, Indian Catholic and Protestant groups, with slim local resources, are to a large extent dependent on foreign funds to carry on their charitable and development work among India’s poor and marginalized communities. The Christian institutions working in education and health sectors among the Tribals and the Dalits, once branded, as untouchables in the iron Caste system, are particularly vulnerable. As it is, the meltdown in the west has severely impacted on their work.

After arbitrarily cancelling as many as 4,300 FCRA permits – on specious arguments that their addresses could not be verified -- the Union government is now issuing orders virtually banning some European and US funding agencies from the country. Indian groups have been told they need to take prior permission from the Ministry of Home Affairs, which also controls the intelligence agencies and some central police forces, before they can submit their projects to funding agencies named in the government’s prohibitory list.

Prime among them is Cordaid, a Dutch Catholic charity that is accused of having given funds to some Indian NGOs who are working for the repeal of the Armed Forces Special Powers Act that is responsible for many human rights abuses in Kashmir valley and the North Eastern States. The Reserve Bank of India has circulated an order to all banks in India that they have to inform it if they notice any transfer of funds from Cordaid to local NGOs. Cordaid is also held responsible for partly funding the India Against Corruption trust headed by social activist Anna Hazare and his erstwhile colleague Arvind Kejriwal whose newly formed political party is challenging the ruling Congress and main opposition Bharatiya Janata Party.

Authoritative sources in the government say several other European charities, specially from the Scandinavian countries, are also on the government’s radar, as are many Indian NGOs with whom they have had relationship in the past.

The NGOs affected by the government withdrawing their FCRA permits have protested, but only a few of them have had the precious license restored. In a few other cases including some high profile advocacy groups, permission has been given for them to operate their bank accounts for payment of essential services, but they cannot withdraw any money in cash.

This has, understandably, created a panic among organisations working in development and training at the grassroots. Among those who risk going bankrupt for want of funds are several groups working among victims of violence against the Christian community in Kandhamal district of Orissa state.

Mr. Sanjay Patra, a highly respected transparency expert heading the Financial Management Services Foundation, there is no reason for the government’s paranoia, as there are several other laws on the books to check any misuse of funds, or diversion of money to terrorism on insurrectionist activities. Mr. Patra is also a leading light of the Voluntary Associations Network of India [VANI], which provides an interface with the government. VANI is now engaging with the government to get the FCRA licenses restored for the NGOs that have fallen foul of the authorities.  VANI is also urging the government to change provisions in the FCRA rules that make it mandatory for all NGOs to seek a renewal of their permissions every five years instead of the earlier permanent ones. Anyway, money received from foreign charities under FCRA rules can be used only in designated activities and cannot be diverted to other areas.

Of the more than two million NGOs registered in the country those registered under FCRA are 38436. Of them, 21508 Associations reported a total receipt of an amount of Rs. 10,337.59 crore [about US Dollars 195 million] as foreign contribution. Many have FCRA permits but actually do not get any funds from abroad.

The government says the NGO sector in India is vulnerable to the risks of money laundering and terrorist financing, and therefore requires some form of policing of their funds and activities. But it has not been able to adduce any real evidence indicting the NGOs or linking them with terrorist or other unlawful groups other than in political rhetoric. According to government data, list of donor countries is headed by the USA (Rs. 3105.73 crore) followed by Germany (Rs. 1046.30 crore) and UK (Rs. 1038.68 crore).

The FCRA law is a reflection of India’s paranoia on what is euphemistically called the “foreign hand”, or fears that the West is intervening in Indian politics and culture. India’s right wing has accused the West of financing conversions to Christianity and supporting “Christian” insurrectionist groups in states such as Mizoram, Manipur and Meghalaya in the North East. No evidence has ever been adduced for this, other than political gossip and innuendo.

The law was drafted by Prime Minister Indira Gandhi’s government in 1975 when she declared a State of Internal Emergency, all but suspended the Constitution and imposed censorship on the Media, arresting thousands of political dissidents and leaders of political parties. The government then said that Socialist leader Mr. Jaiprakash Narain, leading a movement against corruption and for democratic reforms, and several Gandhian groups supporting him were funded by western agencies and were trying to induce the Indian army to mutiny. Subsequent governments overturned many of Mrs. Gandhi’s laws, but retained the FCRA as a useful instrument to tame civil society.

Fact Fidning Team report on Sr Valsa John murder

Fact Finding Team demands Judicial enquiry CBI probe into murder of Sr. Valsa John in Jharkhand coal mines area

New Delhi: A Fact Finding team that went to the Pachwara coal mines in Jharkhand leased by the Punjab State Electricity Board has demanded a Judicial Enquiry or a probe by the Central Bureau of Investigations into the murder of Catholic Nun Sr. Valsa John on 15^th November 2011, as also into the scenario of violence in the area which has in recent times seen more than three violent deaths, police firing and deep rooted unrest amongst the Santhal Tribals.

The fact finding group was shocked at the apathy of the authorities and the control that the management of the mines have gained in the region where human rights groups have tried to assert issues of identity and the Tribals’ ownership of the land which has been taken away from them.

It is to was also told by the people/ villagers that prior to this killing, in Panchwara several villagers namely Vijay Hembrom, Joseph Soren, Raghuvir Ray, were killed as they were with the people protesting and later their death was dumped as mere accidents.

As Sr. Valsa was killed apparently in the context of her uniting and moiling the Tribals in opposition to the mining in the area and then for ensuring that they got their due rights by way of rehabilitation, the fact finding team, has also demanded the judicial enquiry or CBI probe go thoroughly into the entire circumstances in which the mine was leased to the PSEB and its private partner, and the role, if any, of the coal mafia.

Posthumously, Sr. Valsa is being vilified by vested interests who need to be identified and their role investigated. There has been  a concerted effort in the local Hindi media to cast aspersions on her integrity and even her character. It is important that deep investigations are carried out not just into her murder, but the grassroots situation and events since the mine was leased out by the government.

While commending the church for its grass roots identification with the plight of the people in remote areas, the Fact finding team has also called on the State authorities to give proper appreciation to the work of Nuns, religious brothers and Fathers who are working among tribal’s and rural areas to ensure their safety and security.

The following is the text of the report of the Fact Finding Team:

Fact Finding Team report demands Judicial enquiry CBI probe into murder of Sr. Valsa John in Jharkhand coal mines area

A Fact Finding Team consisting of: Dr. John Dayal, Member, National Integration Council, government of India, Sr. Mary Scaria SCJM, Advocate, Supreme Court, Sr. Helen Saldhana, Secretary, Women’s Commission, Catholic Bishops Conference of India, and Mr. John Mathew, photo journalist and photographer, reached Jharkhand on the 6^th January, 2012, to do an on the spot study of the situation and the events surrounding finding the murder of Sr. Valsa John SCJM in the colliery area of village Pachwara in Pakur district of Santhal Pargana region.

1. BACK GROUND

 Sr.  Valsa John was brutally murdered in the night of 15^th November, 2011 in a mud-and-thatch house where she was staying in Panchwara Pakur District, Santhal Pargana, Jharkhand,.

Sr. Valsa was born in Kerala. She graduated from college, and after a course in Teachers Training, she joined a school in Edappally, Kochi, Kerala .Inspired by the life of the missionaries and the struggles of the poor in North India, she opted to join the religious order of “ Sisters of Charity of Jesus and Mary(SCJM) ” which was pursuing such work. She opted to work among tribals, especially the women, children and the poorest of the poor in remote villages in Pakur District of Jharkhand. She worked in the tribal villages for about 12 years.

Events came to a head when the farmlands of the tribals were leased/ allocated to a coal mine jointly owned by the Punjab State Electricity Board and a Calcutta based company PANEM Coal Mines Pvt Ltd Company which held two thirds of the shares. The joint venture company was given a 40 year lease on the land.

Inevitably, Sr. Valsa’s work shifted to the struggle of the people who suddenly found themselves displaced.

Barring a brief hiatus, she stood by them till her dying day.

            

2. Known Facts of the case:

On the night of 15th November 2011, a crowd of near about 50 people, armed with traditional weapons came at around 10.30 pm and surrounded the house where Sr. Valsa was staying after her recent return from Kerala. First they tied the few youth who were present in the premises. Then they entered the house and dragged Mr. Sonaram Hembron, the owner of the house, and threatened to kill him if he did not hand over Sr. Valsa to them.

They thrashed him and barged into the house. At first they did not find the Nun and they moved out. The Fact Finding team was however told by local women that somebody from the entrance of the mud house called out to say that he saw her at 4 pm the same day. The mob returned and searched again. They found Sr. Valsa under a bundle of cloths and a mat behind a box. They dragged her out, slashed her mouth and neck with apparently a machete and axe. According to the members of the family staying in the house, no sound came from  Sr.  Valsa.

The Fact finding team was told two of the killers got in the waiting jeep and drove off while the others took route to escape from the crime scene . It is said that there were outsiders -- other than the villagers -- who were involved in the murder, though it was not clear if anyone from the village or nearby hamlets had been seen with the killer group. The entire operation was completed in 3-5 minutes.

The Fact Finding Team has been told seven young men are in police custody.

According to the eye witnesses, the killers were associated with the PANEM Coal Mines Ltd. As sub contractors in the movement of the coal to the railhead and similar operations.

It  was also told by the villagers that prior to this killing, in Panchwara several villagers namely Vijay Hembrom, Joseph Soren, Raghuvir Ray, were killed as they were with the people protesting and later their death was dumped as mere accidents.

3. Sequence of events:

3.1. The build up to the murder:

Since the early 2000s, the Panem Coal Mines Pvt. Ltd, a project of Punjab State Electricity Board (PSEB) and Eastern Minerals and Trading Agency (EMTA) from West Bengal, had been trying to acquire land for mining operations in the coal reserves of Pachwara and 32 other surrounding villages.

Sr. Valsa John, who had been staying in Panchwara since 2000, and prior to that in Jiapani, Amarapada tried to help the people to organize themselves against the coal mining company acquiring the land of the villagers. Sr. Valsa took up the cause of tribal people displaced by mining around Pakur, about 400 km (250 kilometers) north-east of the state capital Ranchi.

Sr. Valsa John was patently a person with total dedication to the cause of the poor tribals. This is borne out by the testimony of the local people of the Santhal community, which is one of the biggest communities in the area. Sr. Valsa learnt the language of the people and spoke fluent Santali. Her women colleagues among the local tribals said she tried to provide a new direction, encouraging them to take up organized farming and to fight social evils.

3.2. The survey of the village land, Pachwara and the birth of a movement:

Sr.  Valsa suspected something foul during a land survey in the village Pachwara. The survey team could not satisfy her queries and that made her to go out for more information. A total of 1151.70 acres of land was to be acquired for the captive coal mine for the Punjab Electricity Board. More than half of this (674.2 acres) was agricultural land – an alarming situation as agriculture being the mainstay of the life of the Santhals.  A large scale displacement of many families were  to follow with no clear terms of compensation defined.

Educating and sensitising the people in their rights, Sr. Valsa was able to build a movement from the scratch. It was called Rajmahal Pahar Bachao Andolan (RMPBA), after a mountain held holy by the tribals.

The team gathered from the villagers and Church groups   that Sr. John specifically organized the local people to protest against the exploitation by the coal mafia. She had the support of other social activists like Majhi Haddam, the traditional administrative Headman of the Santhal tribe, who worked to organize the Community.  Her actions marked her out in the eyes of the coal mafia.

3.3. Various stages of the Movement

The Rajmahal Pahar Bachao Andolan (RMPBA) faced many ups and downs. The Administration and they tried every trick in the book to weaken the Movement. They offered the village youth with lucrative offers with the sole intent to disrupt the protests. This divided the tribals into pro- and anti- Panem factions. But the basics of the Movement were strong and the pro-Panem faction couldn’t achieve much.

Further came the arm-twisting of the administration to exploit the legal machinery. Multiple cases were imposed on key persons of the Movement including seven cases against Sr.  Valsa John. Valsa and many others had to leave the village for the forest for more than a month. The Movement remained intact and gained attention from every quarters, media, politicians, locals and activists.

The Fact Finding team was told the displaced poor people failed to get justice from all corners including High Court and Supreme Court. Moreover they were harassed by the mining company, police and the administration to withdraw their protest. Sr.  Valsa was a major obstacle for them. She courageously stood and supported the movement of the people and their efforts against the coal miners.

3.4. Memorandum of Understanding (MoU)

It was also told to the team that when people could not withstand such harassments they were forced to make an agreement (MoU) with the company at last.  Sr.  Valsa had a decisive role in formulating this agreement to protect the interests of the people, and making the company to accept it.  Sr.  Valsa saw that the MoU Monitoring Committee (MC) consisted of two representatives from each village, three from the movement, three from the traditional leadership and three from the Company itself. Thus the Committee (MC) was consisted only of the Project affected persons and the Company and no one from administrative and political side.

Relentless struggle and persistence of the Movement finally brought the Panem management on the discussion board resulting it in the December 2006 Agreement. Although the MoU was signed in 2006, the Company did not do justice to the people as per the MoU. That led to tension mounting and the protest continued in the area. Under the leadership of Sr. Valsa the local people had led agitations against the PANEM coal mines located in Alubera and Panchuara areas under Amarparda block Pakur district, in 2005, 2006 and she was arrested in 2007 but she remained steadfast .

Sr. Valsa tried her best to bring justice to the displaced people as per MoU. Along with the people she demanded honest implementation of MoU. She urged the Company to establish schools for the displaced children for their education as per MoU. She demanded compensations like alternative agricultural lands, employment to local youths and proper drinking water etc.

4. Team with the Nuns of Sr.  Valsa’s Congregation at Jiapani

The Fact Finding team visited to the SCJM sisters  Convent at Jiapani. Although the Nuns there were hospitable, they did not provide any information. This was rather disappointing. The team felt that they were either afraid of the consequence as they are living in the vulnerable area and giving any information may have future repercussions to them as well as their work and service to the people around, including the help to the poor students.

The Nuns said once in the past, around 2006 and 2007, barricades had been put up in the village and Sr. Valsa had “guards” around her with traditional weapons who would not allow anyone to meet her. Even the Nuns were not allowed to meet Valsa. Questions arise as to who was threatening Sr. Valsa for the villagers to offer her such protection. The Superior of the Convent said she went to the police to claim the body of Sr. Valsa after the postmortem examination.

The nuns said the PANEM company was helping them with scholarships for the poor children in the institution for their education.

 4.1. Team with PANEM Officials

The Team reached the PANEM office around 10 a.m. on 7^th January, 2012 no high officials were in the office yet. The office had as statue of the previous Executive Director who had been shot dead in the mining area some time ago. The tram asked to see the incumbent Executive Director (ED) . The watchman took the team members into the offices. While waiting for the officer, the team was met by one Mr. Srivastava who introduced himself as the Human Resource Manager. He said the PANEM Company had begin mining in 9 villages of Pakur District. The company, he  said, saw that the people get all that they need. He said he met Sr. Valsa once or twice on his routine visits to the village. Earlier, junior staff at the mine’s office told the team that Sr. Valsa had come to the office several times.

Mr.  Nirpender Kumar (ED ) arrived in the office after his prayers. He had a long bindi on his forehead, which endorsed that he was praying. On hearing that the team had come to find out more about Sr. Valsa, the ED made a quick call to someone – possibly the police – and enquired about the status of the case.  According to him he had never met  Sr.  Valsa but read the news about her brutal murder in the newspapers.  `It was unfortunate. She was doing a good work for the people,’ he told the team.

He narrated how well the Company had been working for the welfare of the people . They are paying the compensation, the villagers are given education, the locals children are sent to different places for education and the company is paying their fees. The company, he said, had given an ambulance to each village for taking people to hospital  in case of any emergency.

As there had been a lot of rumours on the nuns integrity in some of the print media and allegations that she been taking the money and she was working for the company  [Mr. Simon Marandi MLA had been quoted by the Times of India saying Sr. Valsa “paid wither life for her greed for money”] the team asked the Panem officials whether she was dealing with compensation money. The  ED denied all such allegations about her. He said there was no cash dealing between the Sr. Valsa and the company. The money was given to the people by cheque and they went to the bank and encashed them in person. Sr.  Valsa had nothing to do with the money. She never received any money as salary even for teaching in the school.

 The ED, HR manager and other officials took the Fact Finding team to the site of the mine and told them the process of taking out the coal from the seam under layers of earth and rock. Also present were a few men there who looked like perhaps government officials who said they were scientists from Dhanbad, who came there to look into the possibilities of safe blasting of the mine. They left post haste once they discovered the identity of the fact finding team.

4.2. Team at Panchubera Village -

On visiting Panchubera, the team were led to the house where Valsa lived. The few villagers in the area looked frightened and timid. The team talked with the people as some of them knew Hindi to converse.

The team was told they would be able to meet a girl who had been raped, and whose case Dr. Valsa had taken up with the police. [One theory was that it was because she had espoused  the girl’s case, that Sr. Valsa had been killed  by friends of the alleged rapist. The girl had been called to the police station and was therefore not present, but the team met her mother who was still in shock.

4.3.  Sr.  Valsa’s Home and Life style

The people there then led the team to the little mud house where she was living. It is a very small room, in a traditional village hut, which was plastered with cow dung. It had no windows. The neighbours got a oil lamp so that team members could see inside the room where Sr. Valsa was killed. Her blood still stained the mud wall although no blood was found on the floor as the family has already cleaned up the floor.

In one corner of the house there were a few small utensils, also a small cot, and a mat made of bamboo leaves, on which she used to sleep. The company had offered a concrete house for her but she refused to accept it as she preferred to live and share the life of the poor people by living in their huts, a woman who had known Sr. Valsa, said .

The women the team met were heartbroken and were weeping. “We lost our didi’ they told the team. They are terrified and intimidated; They told the team that they lost their `himath’(strength). “ hum darte hai , abhi hamare pas kyoi nahi he hame chalane keliehe (We are afraid and we have no one to give the team the lead the team)” . Ek din veh hame bi marenge (One day they will kill us too) . Bahuth log chale gai hamare group se kyoke ki sub ko company pasise de rahi hai’  {many people have left our group because the company is giving them money], said one of the women. The team was also told that the former pradhan whose house  Sr.  Valsa was living early had thrown her out when she confronted his son who already joined the coal company and have already bought three dumper trucks and had given them on hire to the company for transportation of the coal from the mine to  Dhanbad and Asansol railheads. People said that he already has built a big house. His becoming rich suddenly paved way for other group members to also fall prey to PANEM’s offer for a better life if they live the village and joined them

4.4. Sr. Valsa John’s belongings.

The team also found a trunk, which was kept outside the room of Sr. Valsa .The villagers said the trunk belonged to the family, which was given to her for her use. A few books, and a copy of the Constitution of India was also there.

4.5. Meeting with Church personnel

The Church personnel that the team met did not provide any information except most of them felt that there was some one behind the murder. A number of the Church people vouched for Valsa’s commitment and integrity while some refused to say anything. The church personals also told the team that the mafia threatened her several times. She had to live in thick forest for long time. Bow and arrow wielding tribals were her body guards. They kept on accompanying her. Once she successfully completed the literacy campaign in a village she used to move to another hamlet.

5. Valsa was under constant threat from PANEM Company

The team was told Sr. Valsa had been under constant threat, possibly people associated with the PANEM Company. This was known to many people. The Superintendent of Police has confirmed that she had filed an FIR three years ago where she reported that she was facing threats. This instance had been already in the print and electronic media. The team felt that there was culpability of the police machinery, who knew the life of the Sr.  was in danger did not take any action either to launch an investigation or to provide her protection.

6. Post murder developments:

The team feels that after such a brutal murder of  Sr.  Valsa the police and administration is trying to mislead the nation public attention through various means. The police, State and some sections of the media are trying to pass the blame on Sr. Valsa herself. The police has also not shown any zeal in questioning company officials.  The current focus is on the rape case of one as Sr. Valsa was going to see the police in connection with matter on the 16th November, 2011.

The team was perturbed to learn from many local people that after the murder of the  Sr.  Valsa, PANEM personnel had been the first ones to be on the scene of the crime even  before the police arrived. Someone from among them had taken away the registers which  Sr.  Valsa used to maintain with meticulous details of the recipients/villagers receiving compensation for the acquisition of their land.

It is intriguing why the police and the mine company want the general public to believe that the Maoist are behind the murder. When there were more than 50 people reportedly  involved in the brutal murder, the police has so far able to arrest only seven persons.

The team was also told that the pamphlets showing Maoist owning responsibility for killing Sr. Valsa was also brought to the police reportedly by the PANEM officials.

Several important questions arise and they are :

(i)             Why did the PANEM officials rush to the place of murder and why did they take away the register immediately she was done away? What could have been the reason – whether there would have been evidences that would go against them?

(ii)           Why did the Panem official take the “Maoist” placard to the police? It is to be presumed that no one will pick up anything from the crime scene till the panchanama / police report is being done by the police.

(iii)          Where does/ who has hidden the weapons used for killing  Sr.  Valsa?

(iv)          Who may have used the locals to kill Valsa ?

(v)           Why the team was not allowed to meet the rape victim, who may have given the team some firsthand information?

(vi)          Who did the Panem ED Panem phone from his office calling up to the PS while we were there and enquiring about the progress of the case ? Was it an indication given to the police that the team should not be allowed to meet the rape victim , who may tell the team some inside story ?

(vii)        Why did the local boys rape the girl , at that particular day ? because the girl was in the village moving along with the same people , and why the police refused to take down her compliant which forced Sr.  Valsa to seek an appointment with the SP on the 16^th November? Was there a nexus between the police and the administration and the PANEM officials?

(viii)       Why the investigation is not moving?

(ix)          Are the local administration attempting to suppress the truth by intimidating the villagers and anti-displacement activists?

7. Our Finding

After listening to various people, the church personals, the nuns, company, the villagers, the administration   and seeing the places for ourselves the team is forced to make the following findings/ conclusion:

(i)              Sr.  Valsa had become an eye sore to the coal mafia also the administration as they were able to win over the innocent people with by gratifying them with dumpers/ money, etc..

(ii)            Sr.  Valsa was a hindrance to their furtherance in the mining as they are planning to acquire more lands of the tribal’s which is already began and  Sr.  Valsa may have come down on them heavily with the terms and conditions of the MoU that they have signed between the company and the movement.

(iii)          The company realized that as long as  Sr.  Valsa is there the people cannot be displaced easily and cannot be cheated

(iv)          The administration and the MLA seem to be hand in gloves with the company in all things.

The pervasive nexus between powerful mining company and the State machinery has resulted in a lackadaisical investigations into the murder of a Catholic Nun  who had worked for protecting the rights of the people and  restoring them their human dignity

The Fact Finding team condemns the barbaric murder of a religious Sister who committed and devoted her whole life for the poor.

The Fact finding team demands:

1.     Justice to Valsa by the immediate arrest of the real culprits and posthumous restoring of her dignity and reputation.

2.     Initiate criminal proceedings against the police officers who failed in their  duty to save Sr. Valsa knowing her life was in danger and she was apprehensive of her security.

3.     A judicial enquiry and at least a probe by the Central Bureau of Investigations into the murder d circumstances surrounding the entire case.

4.     Follow and abide by the terms and conditions enlisted in the MoU signed between the PANEM Company and the Rajmahal Pahar Bachao Andolan (RMPBA).

5.     A white paper on the allocation of tribal land to mining companies.