People's tribunal slams Orissa government complicity in violence

An independent tribunal on anti-Christian violence in eastern Orissa state in 2008 has lambasted the state government's willful failure to protect its own people. Anto Akkara reports.

"Officials have played a variety of negative roles during the violence, ranging from being silent spectator and bystanders to the violence, refusing to protect or assist the victim-survivors even in context of brutal killings," said the jury of the National People's Tribunal (NPT) on Kandhamal.

The final report of the people's tribunal was released on 2 December at Bhubaneswar, capital of Orissa state, in the presence of more than 1000 people - including dozen of social activists, Christian clergy and hundreds of victims of the violence in Kandhamal - 300 kms from Bhubaneswar.

The initial hearing of the NPT was first held in New Delhi in August 2010 to mark the second anniversary of the Kandhamal carnage. Forty-five victims, survivors and their kin narrated their ordeals before the jury.

Later 15 experts presented studies, field surveys, research, fact-finding reports and statements to the tribunal before it put together the 200-page final report 'Waiting for Justice'.

The jury of the people's tribunal comprising a dozen eminent Indians charged the Orissa police of 'complicity' in the violence that engulfed Kandhamal jungle following the killing of Hindu leader Swami Lakshmanananda Saraswati in August 2008.

Though Maoist rebels claimed responsibility for the murder, Hindu fundamentalist groups alleged that the murder was a 'Christian conspiracy' and hounded out the Christians.

In the widespread violence that went on unabated for weeks, more than 90 Christians were killed and over 300 churches and 6000 Christian houses were also looted and torched rendering over 56,000 Christians homeless.

"The jury observe, with grave concern, the deliberate dereliction of constitutionally mandated duties by public officials, their connivance with communal forces, participation in and support to the violence and a deliberate scuttling of processes of justice through acts of commission and omission... The state government has also failed in its responsibility to prevent the violence in Kandhamal in August 2008," declared the NPT in its verdict.

The tribunal also expressed "deep concern that the criminal justice system has been rendered ineffective in protecting victim survivors and witnesses, providing justice and ensuring accountability for the crimes perpetrated. Evidence of the attacks was systematically and meticulously destroyed in order to scuttle the processes of justice and accountability."

Crimes against humanity

"The 2008 attacks in Kandhamal were widespread, and were executed with substantial planning and preparation. The violence meets all the elements of 'crimes against humanity' as defined in applicable international law," declared the jury of the people's tribunal.

Elaborating on the pattern of violence, the tribunal pointed out that "Christians who refused to abandon their faith and convert to Hinduism were brutally killed or injured...."

"The brutality of the violence also falls within the definition of 'torture' under international law, particularly the Rome Statute of the International Criminal Court. Communal forces have used religious conversions as an issue for political mobilisation and incited horrific forms of violence and discrimination against Christians," the jury noted.

The report said the violence was orchestrated at the behest of Hindu nationalists with the connivance of the government "to retain a Hindu political constituency that could be tapped to gain political power."

The impunity the Hindu nationalists enjoyed was so explicit that "even Hindus who supported and protected Christians during the violence or tried to facilitate their return to the villages after the violence were also attacked."

While Sidheswar Pradhan, Hindu leader, was killed for offering protection to hounded Christians, Kamala Sahoo – a Hindu social worker woman - had her house and office destroyed by irate Hindu mobs, the tribunal pointed out.

Police to revenue officials holding high positions have played active role 'in threatening witnesses and scuttling justice and accountability," the report said.

Testimonies made by the Christian victims before the people's tribunal, the jury said, "point to a refusal to arrest or an inordinate delay in arresting perpetrators. On the other (hand), victim survivors were arrested or threatened with arrest under fabricate charge in order to silence or deter them from pursuing process of justice."

"The complicity of the police and their collusion with the perpetrators during the phase of investigation and prosecution, indicate an institutional bias against the targeted Christian community. Victims and witnesses engaged in the justice process have been threatened and intimidated, and there was no guarantee of safe passage to and from the courts. Guidelines on witness protection, issued by the (federal) Supreme Court and various High Courts, are not followed by the Fast Track courts," pointed out the tribunal jury.

"The government officials and police are duty bound to protect the people when in danger. But in Kandhamal, they sided with the perpetrators," lamented Vrinda Grover, a lawyer in the federal supreme court and one of the NPT jury members while releasing the tribunal report.

"If the government had taken necessary precaution, most of the violence could have been prevented," pointed out retired high court judge Michael F Saldana, a Catholic, highlighting the connivance of the state machinery in the anti-Christian violence.

"In the Kandhamal violence, the accused number 1 and 2 are the Orissa and central (federal) governments," said justice Saldana evoking applause from the thousand strong gathering.

The jury made a series of recommendations including impartial retrial of closed cases, meaningful compensation for losses suffered by the Christians and rehabilitation programs and urgent steps to uphold freedom of religion in Orissa, continued persecution of Christians with the connivance of the administration.

"This is an initiative for justice and peace in Kandhamal," explained Dhirendra Panda, a Hindu and coordinator of National Solidarity Forum which organised the NPT with a coalition of secular action groups.

"The hapless victims are still waiting for justice even after three years," Panda told media persons during the release of the NPT report.

Following the release of the tribunal report, the jury members addressed the gathering on the key findings and recommendations. Soon eminent social activists of Orissa and leaders of various political took the stage condemning Hindu fundamentalism, state connivance and calling for justice to the hounded Christians.

However among the major political parties, one remained missing. That was the Hindu nationalist BJP (Bharatiya Janata Party – Indian People's Party) is seen as the source of support and inspiration for the Hindu fundaments who virtually reign in remote Kandhamal.

The release of the final verdict of the people's tribunal was preceded by the opening of a photo exhibition depicting the brutality and viciousness of the orgy of violence. Hundreds of photos for the violence had been arranged in eye catching manner in a temporary hall.

At the far end of the exhibition was the most telling scene. Photos and copies of identity cards of dozens of Christians brutally murdered displayed on placards made of bamboo sticks.

While candles had been lit at the base of the portraits, some of the victim relatives could be seen shedding tears before their dear ones while others showered flower petals on them.

"This is my brother," said Tuna Kumar Nayak pointing to the identity card of his elder brother Praphul Kumar Nayak. Besides his elder brother, Nayak had lost two of his cousins also in the violence.

"We are still suffering. But they can never make us change our faith," Gonda Digal from Barakhama, a member belonging to the CWM-member Church of North India (CNI) told CWM on the sidelines of the exhibition.

Digal showed this reporter three dozen stitch marks on his neck and shoulder he suffered from slashes with swords during Christmas 2007.

That was when he joined dozens of CNI members to thwart a Hindu mob attack on the CNI church at the heart of Barakhama. The mob had left only after damaging the church and killing two Christians and injuring many more like Digal.