Ram Puniyani
The winter following
the carnage was very intense and the facilities to combat the nature’s fury
were far from adequate. The relief came much later but not adequately from the Government
sources. Church tried to step in as a stop gap measure. But initially the Government
blocked this humanitarian relief on the ground that it will be given only to
the Christians. On the intervention of the Court, Government was forced to
permit the Church to offer the aid to all the victims. This also partly reminds
one of Gujarat. Here also the state washed its hands soon enough and then the
religious organizations tried to fill the gap!
This August 25, 2013,
it will be five years, since the biggest anti Christian, violence, biggest communal
violence in the Adivisi area, will complete five years. What has been the
plight of the victims of the violence after this ghastly tragedy? What is the
state of justice to the victim?
Kandhamal violence
began in 2008, after the trailer of the same was seen a year earlier in 2007.
The pretext was the murder of Swami Laxmananand, Lakkhanand, who was working in
the area from last four decades. He was part of the RSS combine, VHP-Vanvasi
Kalyan Ashram and was involved in the programs like Ghar Vapasi, the forcible conversion of Adivasis to Hinduism. RSS
combine asserts that Adivasis are originally Hindus who had to flee to forests
to avoid being converted to Islam in particular. This is a political construct
and has nothing to do with the social history. The credit of his murder of
Swami was taken by the Maoists, who said that this act was done to stop his
activities related to spreading hatred in the area. Immediately after the
murder, Pravin Togadia of VHP took out the procession with the body of Swami
through a long circuitous route spanning 270 Kilometers. It was on this route
that anti Christian violence and destruction of Churches and damage to the
property of Christian community took place. It is reminiscent of the Gujarat
pattern, where the bodies of Godhra tragedy were taken in a procession to Ahmadabad
by the functionaries of VHP-BJP., and the violence followed.
The victims of Kandhmal
were poor Christians, most of who were dalits and living below the poverty
line. Nearly three hundred Churches were destroyed and four hundred Christians
were done to death. With this thousands of them had to leave the areas and were
forced to live in the poorly equipped refugee settlements. This violence was
targeted against the minority Christian community, it violated the fundamental
right to life, liberty and equality guaranteed by the Indian Constitution, and
affirmed by many international covenants. The pattern of violence shows that
the attacks were targeted, widespread, in the district of Kandhamal. Their
execution was done with meticulous planning and preparation. The violence was
preceded by various activities and the planning meetings were held by the
perpetrators prior to the violence. Apart from this meticulous planning the
financial and other forms of assistance were secured months prior to the
violence. The violence meets the criteria of ‘Crimes against Humanity’ as
defined in international law. The blatant brutality of the violence makes it fall
within the definition of ‘torture’ under international laws.
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| Courtesy: Wikipedia |
The state of justice
delivery system as such is abysmal. The communalized state apparatus blocks the
justice at various levels. The story of this obstacle begins from the
registration of cases, then to investigation and then to the court procedures,
the role of public prosecutors and the willpower of state. The whole chain shows
that justice is hard to get by especially the way our democracy is being eroded
by the communal ideology under various garbs. At this stage the National Human
Rights Commission, Human Rights Law Network came forward and brought out good
reports showing us the mirror of the prevalent injustice in Kandhamal. A
People’s Tribunal was also set up under the Chairmanship of retired Justice AP
Shah. Most of these reports indicted the communal forces for their aggressive
stance and held the state Government responsible for various acts of omission
and commission. Unlike in Gujarat, the BJP, which was part of ruling coalition,
was dumped by Biju Janata Dal after which Biju Pattnaik, the Chief Minister
could frankly speak about the role of BJP and company in their involvement in
instigating the violence against Christians. The role of Hindutva organizations
in the carnage was officially acknowledged by the Chief Minister. In response
to a question posed in the Legislative Assembly, the chief minister of Orissa, Naveen
Patnaik, admitted, on the basis of state’s investigation that “members of the
RSS, VHP and Bajrang Dal” were involved in the violence. As per the Chief
Minister, police arrested 85 people from the RSS, 321 members of the VHP and
118 Bajrang Dal members in the attacks. He said that only 27 members from these
groups were still in jail.
Even till date the work
of rehabilitation and justice to the victims is far from adequate. Nationally
there are so many pressing issues of violations of the rights of minorities
that Kandhmal issue has not been so much brought into focus by the human rights
groups, which is a bit unfortunate. Despite other pressing demands on the time
of social groups, one must appreciate the dogged and determined work of some of
the activists who are pursuing the struggle for dignity and rights of the
victims of Kandhamal violence.
John Dayal, President
of All India Catholic Union and member of National Integration Council points
out that “The Chief Minister Pattnaik appointed two judicial commissions… the
commonality between the judges of these commissions is the haste in which they
have expressed their high regard for the late VHP leader, Swami Laxmananand and
their belief that the violence is not religiously motivated but a conflict over
land issues between the Tribal Kondhs, mostly Hindu, and the Dalit Panos, many
of whom have converted to Christianity, and who are demanding Scheduled Caste
status.” Like most of the commissions of inquiry these commission are also
working at a snail’s pace to prove once more that a delayed report usually
becomes useless as for as delivery of justice is concerned. The Christian community was so disgusted with
the attitude of the commissions that initially they boycotted them but later
seeing no other platform to express their pain and anguish have decided to be
part of the same.
Today five years down
the line the process of rehabilitation is far from satisfactory, a small number
is yet to get the compensation. The compensation received is too inadequate to rebuild
the life afresh. As far as justice is
concerned while the inquiry commission reports are too slow, the fast track
courts which were set up have been suspended. The proceedings of the cases is
going on in an atmosphere where the guilty are openly threatening the
witnesses, and many of them are reluctant to give evidence out of fear of the
accused, who are on bail despite several serious charges against them. Quite like Gujarat where many a witnesses
turned hostile! In this scenario the state is backing off from rebuilding the
Churches destroyed during carnage. The plea being offered is how a secular
state can spend money on the places of religious worship. Again quite like
Gujarat! When state is unable to protect a place of worship, why should it not
come forward to build it?
Kandhmal is yet another
reflection of the impact of communal forces within our system, the difficulty
in rehabilitation for them and the lack of adequate justice for riot victims.
This is what is the major phenomenon eroding our democratic plural ethos. More
and urgent efforts need to be put in for these hapless victims of the carnage.
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