23 January 2008
NATIONAL COMMISSION FOR MINORITIES
Report of the NCM visit to Orissa, 6-8 January 2008
[Note from aicc: On Dec. 27, 2007 a Christian delegation including
aicc leaders met the chairman of the National Commission for
Minorities (NCM), Mohamed Shafi Qureshi, in New Delhi. They requested
that investigators be sent to Orissa as soon as possible. Local aicc
leaders met with the two visiting NCM members in Bhubaneswar on Jan.
8, 2008, late in the evening. The NCM was established by the "National
Commission for Minorities Act, 1992, No. 19" and protects the rights
of religious minorities in India. More info is at http://ncm.nic.in.]
A semblance of normality appears to be returning to the violence hit
districts of Orissa. The reasons for the outbreak of violence on the
eve of Christmas are far more varied than was apparent from media
reports, but there is no doubt that the Christian community and its
places of worship were the principal target of attack. They bore the
brunt of violence and suffered the maximum damage. As a result, the
Christian community continues to live in fear and feels insecure and
unsafe. It may take months and even years to restore their confidence.
This will depend, above all, on the State Government's ability and
willingness to address both the immediate and long term issues that
were responsible for the violence. This is the overall conclusion
reached by the NCM delegation.
Members Zoya Hasan and Dileep Padgaonkar visited Orissa from 6-8
January 2008. During their stay in Bhubaneshwar and visit to Phulbani
in Kandhmala district, the Members met a cross-section of political,
civil society, religious groups and organizations and the affected
people. The team held meetings with district officials engaged in
restoring peace and normality in the disturbed areas. They apprised
the team of the measures taken by the administration in the past two
weeks to restore peace. In the State capital the Members met the Chief
Secretary, Home Secretary, DG (P) and other senior officials before
calling on the Chief Minister. The team also paid a courtesy call on
the Governor.
Several factors were at work and converged to create tension and
violence which started on 24th December 2007 and continued until 27th
December 2007.
The long simmering Kondh-Pana conflict was in part responsible
for the agitation and violence. The Kondhs are Scheduled Tribes (STs)
who constitute 51.96 percent of the population in Kandhmal district,
the Scheduled Castes (SCs) (many of whom are Pana) are 16.89 percent,
and Christians are 18.20 percent. A section of Christian Panas have
been seeking inclusion in the ST category which would entitle them to
the benefits of reservation. Their demand is based on their linguistic
and cultural affinities with the Kui group. However, the Kuis have
been resisting this demand on the ground that they were ethnically
different from the Panas.
This issue has been complicated by the High Court order of July
12, 2007. An NGO filed a petition in the High Court demanding ST
status for the Panas on the ground that the amended Presidential Order
of 2002 shows Kui community as ST and as Pana caste speaks the Kui
dialect. Therefore their caste should be changed from Pana as
mentioned in the revenue records to ST. The court order directed the
Government to look into matter and make the necessary corrections in
the record of land rights as per the Presidential Order 2002. Soon
after the High Court Order was given the Phulbani Kui Jan Kalyan Sangh
started a campaign that all those recorded as SC Pana in the revenue
records will now be treated as STs. The Kui Samaj Sewa Samiti of
Phulbani and several other Kui organizations reacted by organizing
rallies and processions demanding the deletion of Kui from the
Presidential Order.
But there are other reasons which Kuis cite which are that taking
advantage of their illiteracy etc the Panas have acted as middle men
to exploit them notably by grabbing their lands. The Kuis also allege
that SC Christians obtain false certificates as Hindu SCs to take the
benefits of reservations. It should be noted that the SC category
excludes Christians whereas they are entitled to inclusion in the ST
category and the reservation benefits that go with it. Hence the
efforts of some Christians groups to get included in the ST category.
The Government is presently conducting an inquiry into these charges
and has informed the NCM about that the culprits would be speedily
brought to book. It has also been alleged that SC Christians have
reconverted to Hinduism while continuing to practice their Christian
faith with a view to availing the benefits given to the SCs.
A second, if not more important factor, is the anti-conversion
campaign conducted by the VHP and the Sangh Parivar organizations for
the past few years. The campaign has aimed to prevent the conversion
of tribal and Dalits to Christianity. Swami Saraswati Lakshmanda, the
leader of the anti-conversion campaign, established an Ashram in this
area in 1969 and has opened educational institutions for tribal boys
and girls.
The 1991 Census shows the Christians constituted 75597 of the
population of Kandhmal district whereas in the 2001 Census their
population had gone up to 117950. While the increase in population in
percentage terms is substantial, there is no evidence whatsoever that
this increase occurred under duress or on account of inducement to
conversion.
A stringent law regarding conversion the Orissa Freedom of
Religion Act has been on the statute books for the past four decades.
The NCM Members asked both district officials and senior officials in
the State Secretariat whether any cases had been reported or filed
with regard to infringement of this law over the past 10 years. Not
one incident of forcible conversion was cited or adduced. We also
inquired from the Church representatives whether they keep a register
of conversions. Such a register is a routine practice at the time of
baptism. The Church representatives confirmed that they indeed
maintained such a register. But no one has apparently bothered to
check it. In fact the Archbishop of Bhubaneshwar told the NCM team
that neither he nor anyone in the Diocese was ever summoned by the
authorities with regard to matters relating to conversion.
From the above the NCM team has inferred that there is no basis
whatsoever to justify the anti-conversion campaign. On the other hand,
this mischievous campaign has created an atmosphere of prejudice and
suspicion against the Christian community and Christian priests and
organizations. The role of the Sangh Parivar activists and the anti-
conversion campaign in fomenting organized violence against the
Christian community deserves close scrutiny. This is especially urgent
in view of the official explanation to the effect fact that the recent
incidents in Orissa are largely of an ethnic nature rather than
motivated by an anti-minority intent. The NCM team noticed that there
was a concerted effort on the part of government officials to evade
and prevaricate on the communal dimension of the conflict and to
explain the violence in terms of the Kondh-Pana conflict.
The NCM team discussed in detail the chronology of events with
all its interlocutors. The responses were far from uniform because of
the endeavor of groups consulted to engage in a blame game. However,
the team has been able to construct a factual account of the tragic
turn of events.
As early as 22nd December the Church authorities informed the Sub-
Collector that they apprehended trouble on Christmas and asked the
district administration to take the necessary measures to prevent anti-
social elements from exploiting the situation to create the trouble.
Church authorities informed the Sub-Collector that the Kui Samaj had
given a call for a bandh on 25-26 December to press their demands
regarding various issues. They requested the district authorities to
remain alert and preempt any trouble. On 24 December a group of
150-200 people started demanding that an arch put across the road by
Christians should be removed in Brahmanigaon even though the Christian
community had received official permission for putting up the pandal
and for the use of loud speakers. The district administration
confirmed the grant of permission.
Two reasons were advanced to halt work on the arches and pandal. (i)
It would affect business. (ii) The pandal was sought to be erected on
the very site used by the Hindus to celebrate the Durga Puja festival
in October. Protestors then sought to close the weekly market on 24
December. They also tried to close all the shops in the area. The
Christian shopkeepers refused to comply which led to an altercation
between the two sides. More than 20 shops were looted and destroyed in
the forenoon of 24 December. Two shots fired in the air created a
panic and people ran helter skelter. Police officers and the Collector
arrived on the scene to help sort out the issue. Even as they were
making these efforts news came in of an attack on the vehicle carrying
Swami Lakshamanda to Brahmanigaon by a group of Christian youths. This
inflamed the majority community even though the nature and scale of
injuries sustained by the Swami is yet to be established. From this
point the situation took a turn for the worse.
The very fact that the Swami was on his way to Brahmanigaon to raise
the "morale of the majority community" is indicative of his desire to
exacerbate communal tensions. Meanwhile the Kui tribes people felled
close to 2000 trees on the roads leading to the district to prevent
Shri Padmanabha Behera, Minister for Steel and Mines, from taking his
supporters to Bhubaneshwar where a massive rally was to be held for
celebrating 10 years of BJD. Shri Behera belongs to SC Pana and has
been the target of opposition of the Kui Samaj leaders and has since
then resigned. There is a long history to this conflict and the
rivalry goes back to 1994 when large scale mobilization of Kuis by
Lambodhar Konhar had taken place culminating in widespread clashes and
violence. But the NCM team was given other reasons for blocking of
roads. This was to prevent the police from reaching those places where
Christian churches, prayer halls, convents, were being targeted by
miscreants.
This raises several important questions which remain unanswered by the
official account. How can so many trees have been felled within a
matter of hours without planning, organization and large numbers of
people involved in felling? Why were the state intelligence agencies
not aware of the felling of trees which is against the law? The
answers received by the NCM team to these questions were far from
convincing. Nor could they tell the team of the extent of complicity
between Kui tribes and the VHP. One senior Kui leader regretted that
the Sangh Parivar had used the leadership of the tribals for its own
ends. Another leader acknowledged that the VHP had penetrated the
ranks of the Kui Samaj and always put them in front in such conflicts.
Before the VHP's anti-conversion campaign the tribal Christians and
non-Christians had lived in harmony but the Parivar's efforts had
succeeded in creating a chasm. It must be remembered that Swami
Lakshmanda has been working among the STs since 1969 when he
established his base here. He enjoys a big following in this area and
Christians allege that there is some degree of complicity between the
tribal leaders and Sangh Parivar outfits.
Attacks took place in various places between 24-27 December. We were
informed that Christian properties destroyed in these incidents
include parish churches, village churches, convents, presbyteries,
hostels, a vocational training centre, a leprosy centre, and scores of
shops and houses. Incidentally Hindu owned properties were also
destroyed though the number is a fraction of the losses sustained by
Christians. The Orissa Government is yet to give its full assessment
of the damage. Three persons were killed: one Christian, one Hindu
while the identity of the third is yet to be established.
Destruction on such a large scale in places which are difficult to
access could not have taken place without advance preparation and
planning. The manpower and logistics required to damage so many
Christian properties is immense. We visited an NGO and a Revenue
Inspectors office on our return to Bhubaneshwar. The RI office was
completely gutted which indicated a high level of planning and use of
incendiary materials in the attack.
The sense of insecurity runs deep in the Christian community. As many
of them were left with nothing except the clothes they were wearing.
Children and women including nuns had to seek refuge in the forests.
The Government has provided some immediate relief.
Conclusions and Recommendations
1. Throughout the fact finding mission one question rose again and
again and this was whether the choice of 25th December for holding a
bandh by the Kuis was a mere co-incidence. A second bandh called by
Swami Lakshmananda to protest the attack on his car was also fixed for
the same day. We find it difficult to believe that this too was
entirely fortuitous. The authorities were warned well in advance by
the Christians that trouble was brewing during the Christmas season.
In this background it is extremely difficult to understand why the
district authorities did not take active steps to defiuse the
situation and ensure that peace was maintained.
2. The official accounts sought to stress the complexity of the
situation in Kandhamal district and attributed the violence to the
confusion over the High Court Order on the inclusion of SC Christians
in the ST category which is vehemently opposed by the Kui tribes in
the area. The situation is certainly complex and overlaid with multi-
layered contradictions. The conflation of caste-tribe-communal issues
has contributed to the aggravation of social conflicts in this area.
But none of this complexity detracts from the principal issue which is
that the Christian minority was the target of organised attacks. The
State agencies if they had been vigilant could have prevented the
violence arising out of the two bandhs on Christmas.
3. The State Government must look into the speeches of Swami
Lakshmananda to determine whether they amount to incitement to
violence and take appropriate action.
4. The State Government must issue a White Paper on the conversion
issue to dispel fears and suspicions that have been assiduously raised
about the Christian community and the role of its institutions.
5. Rehabilitation package announced by the Orissa Government needs to
be reviewed to provide rehabilitation keeping in view the actual loss
suffered by the victims of violence.
6. Augmenting the number of police personnel and providing them with
adequate training and equipment was also imperative. Moreover for
reasons that have not been explained the State Government was
reluctant in reaching out to civil society and NGOs working as they do
work at the grassroots can provide authorities with advance
information about simmering tension and co-operate in the prevention
of such incidents.
7. Orissa does not have a State Minorities Commission. The State
Government must take the necessary steps to set up a statutory
Minorities Commission for safeguarding the rights of minorities.
8. The confusion created by the High Court Order needs to be swiftly
cleared to prevent further outbreak of tensions between STs and SCs.
The government must address the obvious tensions that will arise from
the different treatment given in the matter of reservation to
Christians belonging to the SC community and the ST community. If
Christian tribals are backward Christian SCs are no less so. To create
an artificial distinction between the two is simply to communalise
poverty and drive a wedge between two homogenous groups who are among
the most deprived. The group therefore, recommends that the
reservation given to Christian tribals should be extended to cover
Christian SCs who are of exactly the same background and are subject
to exactly the same disadvantage.
9. None of the above must detract from the social and economic
backwardness of the district. Every indicator points to acute poverty,
illiteracy, ill-health, lack of infrastructure, in short, an absence
of development. Nearly two thirds of the people in this district live
below the poverty line. Even as the authorities are called upon to
show greater vigilance to prevent the outbreak of violence, the
Government must urgently address issues of social exclusion and
structural inequities.
10. The terrible fact remains that in parts of Orissa Christians were
unable to celebrate their most important festival. By preventing
Christians from celebrating Christmas, the VHP and its affiliates have
ensured that the minority should not be in a position to enjoy the
rights guaranteed to it by the Constitution. The action of such forces
is blot on the Republic a matter which deserves more attention and
consideration from authorities both at the level of State and Centre.
(Source: http://ncm.nic.in/pdf/orissa%20report.pdf, retrieved on 23
Jan. 2008)
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