Independent Tribunal on anti Christian violence in Kandhamal, Orissa during Christmas 2007

The Christmas violence 2007 in the Kandhamal district of Orissa traumatised the Christian community of the district, and men and women of goodwill everywhere. But it came as no surprise to Human Rights activists who had cautioned long years ago that Orissa was being made a second laboratory, with Gujarat, in targeting religious minorities and fomenting communal violence as part of a religio-political strategy. Social scientists and political-economists warned that in these states, the official machinery could be expected to let the violence run its course. Such indeed was the case in Kandhamal from 24 December 2007 till the end of that year.

Not that the end of the violence saw a return to normalcy or a restoration of confidence, or any evidence of the rule of law. Sporadic incidents of violence, coercions and forcible conversion of Tribal and Dalit Christians to Hinduism continue. Thousands remain displaced. Relief and rehabilitation is of questionable standard. The criminal justice system remains paralysed, if not still vulnerable to political pressure and religious bigotry.

The Church has had to move the High Court of Orissa and the Supreme Court to protect its duty and its right to help the poor victims. Civil society response from the state is disturbingly dismal. The National Human Rights Commission sent and office on a fact finding mission, but has remained silent since then. The National Commission for Minorities identified the communal elements responsible for the violence, but its report has moved neither the Union nor the State Government nor the State administration. [Others have identified the man behind the violence as Vishwa Hindu Parishad leader Swami Lakshmananda Saraswati who has been camping in the area for some years and has been indicted by the police in past years for inciting mobs to mount violent attacks on Christians.]

The international community is concerned. UN Special Rapporteur for Religious Freedom Asma Jehangir visited Orissa as part of her mission to assess the Indian response to religious freedom. Unfortunately, though she met a few victims of the violence during her stay in the State capital Bhubaneswar, she could not visit Kandhamal. And this does reflect in her otherwise excellent report. The State Government has appointed a Commission of Enquiry under retired High Court judge Mr. Justice Panigrihi, but the Commission began on a wrong note, touring the district long before an official notification had been issued, and during his impromptu interaction with the victims, the Chair’s questions were more on Conversions allegedly by Christians. Members of the minority community are apprehensive.

I am happy to report that others in Civil Society have responded. Ms Teesta Setalvad, noted Human rights activist, has been successfully able to set up an Independent Tribunal for Kandhamal.

The Tribunal will be headed by the eminent jurist Justice Hospet Suresh, and Justice Kolse Patil and will include Additional Director General of Police, Gujarat, RB Sreekumar and Ms Teesta Setalvad. The members of the Tribunal are persons of stature who have set high standards in the defence of Human Rights in India, and are known for their impeccable record of probity, courage and integrity. The Independent Tribunal will set its own terms of reference and procedures.

Rev Pran Parichha and Social activist and regional expert Hemant Nail, both from Orissa, and Mr. Joseph Dias from Mumbai will help coordinate the activities relating to the Tribunal, along with me. Other experts such as Prof Prasanna Pradhan and lawyers at the legal aid centres of the HRLN will also be at hand. Various social workers and activists and NGOs are cooperating in assisting the victim to depose before the Tribunal.

The Tribunal will visit Orissa from 12 to 17 May 2007 to hold hearings. Unlike the UN Special Rapporteur Asma Jehangir and even the National Commission of Minorities, this Tribunal will actually visit the worst affected areas and will have its sittings near Balliguda, the central point in Kandhamal.

The hearings will be for three days in Kandhamal district, based in Balliguda, a central block headquarters almost equidistance from all regions of the district. The Tribunal will spend part of each day, at least, in visiting various affected blocks, in stages, from Phulbani from one end to Brahminigaon at the other, including the Barakhama refugee camp, and then sit in a two or three sessions in Balliguda.

A representative group of victims will come for the hearing – representing Catholic, Baptist and Independent churches, Pastors and men and women, NGOs, institutions etc before the Tribunal.

This, we hope, will enable the Independent Tribunal to assess for itself the manner in which this tribal and Dalit district has been sought to be communalized, its people divided, and hapless minorities subjected to inhuman violence, displacement and deprivation.

The Tribunal is expected to release an Interim Report after its return from Kandhamal to Bhubaneswar, and the final report later.

Copies of the findings will also be sent to the President, Vice President and Prime Minister of India, leaders of national political parties, Speaker of the Lok Sabha, Hon’ble Governor of Orissa, the Hon’ble Chief Minister, the Home Secretary and Director General of Police, Orissa, the National Human Rights Commission, New Delhi, the National Minorities Commission, the National Commission for Scheduled Castes, the national Commission for Scheduled Tribes, the national Commission for Women, the Press Council of India, the Commonwealth Human Rights Initiative, New Delhi, and other authorities.

The coordinating groups have informed the State government and the State Civil and Police authorities about the Independent Tribunal and its tentative itinerary.

Independent Tribunals and commissions set up by civil society have a distinguished global tradition, and their reports have formed important inputs in opinion forming, political and electoral reforms and human rights legislation. India has also had a distinguished tradition of Independent Tribunals whose findings have had an impact on civil society. They have unearthed the truth and brought out facts that governments, administrations, police and political parties have sought to suppress. Major recent tribunals have been on the Bhopal gas tragedy, police atrocities in the Punjab in the 1980s, the Gujarat anti-Muslim pogrom of 2002, displacement, child labour, anti-Dalit violence and atrocities, police impunity, fake encounters, custodial deaths and issues such as the Nandigram violence.
(John Dayal )Publication Date 11/5/2008 1:11:21 PM(IST)
www.mynews.in