Fact Finding report on the Violence in Orissa
Lysa John
Fact Finding Mission on the Violence against Dalit and Adivais Kundahamal District
Draft Note Observations and Demands
A fact finding team consisting of various Dalit & Adivasi leaders, Women's Movement leaders and Human Rights activists and Advocates of repute has visited places of incidents violence – Brahmnigaon, Godapur, Pirangia, Babingya and Ratanga on the 30 December 07. Team had discussion with the direct and indirect victims of human rights violations, groups facing allegation of instigation of violence as well as local, district and state level officials made the following observations.
The overall context in which we would like to draw the attention is that of the Dalits and Adivasis who are still facing untouchability, discrimination and atrocities especially as they struggle for their rights and entitlements for land, access to natural resources, livelihood, employment and to market in general. This is in addition to their struggle for dignity and self respect. Very few cases catch the attention of the media causing a public outcry in the state and slowly disappear into the everyday reality of Dalits. Many cases just pass by in the state without the attention of the administration and law. People are very often breaching the law and order without any actions being taken by the state.
The recent case of violence that occurred in Khandamal has caused at least five lives, several physical injuries to the people and large scale destruction of property, and burned down places of worship of Pana (Dalit Community) Christians, their shops and establishments. It is a big blow on the development of Dalit communities as they are opposing suppression and exclusion and all forms of violence against them.
Current violence needs to be understood from the above perspective. Within this there are two separate issues. One is the violence in Bramanigaon on the Pana community, mostly Christians which is a violence against them as they come out of traditional form of exclusion and discrimination and their assertion for dignity and right to development. Second is the issue of demand by Panas of a few Blocks in Kandhamal district, for inclusion in Kui tribe and therefore be eligible for ST status. These two separate issues were mobilised to whip up religious and fundamental passions, giving this a communal colour resulting in large scale violence on Pano Christians, and Pano Hindus, and other Adivasi communities.
Some of the findings of the fact finding investigation are mentioned as below.
- Team observed that Caste foundations of Communal symbols are still being built to divide SCs & STs on one side and the OBC & other general castes on the other side to create cleavages between them.
- Dalits, mostly Panos and ST mostly Kandha in Bramanigoan in particular and in Kandhamal in General district for two-three generations have been followers of Christianity and have access to their place of worship that has been symbols of dignity and access to decent life. As reported by people "Church" is seen as freedom from traditional practices of untouchability and discrimination for Dalits and Adivasis in these areas.
- The primary event which caused the violence to erupt is Christmas celebration by Ambedkar Vanijya Sangha (AVS). Dalits and Adivasis started celebrating Christmas since 2004 by erection of big arcade as Hindus do during the Durga puja. First year of their inception, Christmas was celebrated by just erecting an arcade in the interior roads of the shopping area, last year, celebration were on the main road side with gathering performing dramas (with outside artists), orchestra with an expenditure of Rs.50,000 in a similar fashion like Caste Hindus celebrate durga puja. This year, with the permission from the police, AVS has organized several events and erected an arcade on main road, where shops of both AVS and other groups were located. Caste Hindus did not accept that kind of celebrations.
- There is a general view outside that this violence is connected to the bandh called by Kui Samanvay Samithi on 25-26 th of December 07 to protest the demand of Panos to be included in Scheduled tribe category. But in Bramanigoan, team found no such evidences to connect these two issues.
- Police to be held responsible for having permitted this bandh on such an important occasion of Christian Dalits and Adivasis and also for creating confusion and misconception in the wider society on the incidents that happened in Bramanigoan.
- Team found clear indications of the involvement of VHP/RSS/Bajrangdal in the attacks on villagers in Bramanigoan and nearby villages. As reported by Mr. Titi Mallik, Sarpach of Mohana, instigation by VHP/RSS members was diffused in Mohona and other few villages, where the resident general caste Hindus, SC and ST came together to decide to keep peace. Where as in other places the violence continued. There are allegations that were was instigation by VHP/RSS members under the leadership of Swamy Laxmanananda Sarswati resulted into violence in Bramanigoan and other parts on 25 th December.
- From 25th December to 27th December frenzy mobs destroyed around 60 churches and other social and development institutions/organizations working for the development of Pana Christians and Adivasis.
- Another thing that the team had observed is that the Dalits in this village are being terrorised living under great fear. Dalits of Bramanigaon left the village and most men and young boys are still in the forest (in hiding) and are very vulnerable incidents to the backlash violence. All the members observed this during the visit.
- In 27th December the houses of Hindus, primarily of General Castes, OBCs, population in Bramanigoan (Over 100 houses) and Godapur (over 50 shops and houses attached to them) have been fully or partially destroyed and/or torched allegedly by the Pano Christians and Adivasis. There were two sets of opinions that the team received. A) It is counter attack by the Pano Christians and Adivasis. B) Police alleges that it is the work of 'Naxalits's. C) As alleged by caste Hindu women "local Panos do not have courage to destruct our houses". The team could not come to any opinion on this matter within the evidence that was available and
- There seems to be are instances of discrimination in the village with the relief distribution to the affected families. It was alleged that cooked food (cooked) being served as part of relief to only Hindu general caste community where as Panas were given dry ration of 10 Kilos of rice and 3 Kilos of Dhal.
- After 24th incident administration has not taken appropriate steps to prevent further violence even after receiving information that communal forces are getting activated also in the other parts the state.
Demands
- Provide security to the victims of violence to return to homes from the forest and ensure impartiality in damage assessment, relief and rehabilitation
- State should address untouchability and discrimination, ensure access to markets to Dalits and other vulnerable communities and ensure right to development and dignity
- Take immediate action on all the cases registered so far while at the same time care to be taken that false cases to be weeded.
- Compensation of Rs. 500,000 to the families of the dead and Rs.200,000 to the injured persons must be given as per the guide lines set out in the National Human Rights Commission.
- Compensation to the homes, churches, institutions and property damaged caused of violence of fundamentalists must be provided as per the guide lines set out in the National Human Rights Commission.
- Constitute a Judicial Committee of Experts and leaders of the Kondhas, Saure and Panas communities to look into the matter of Kui tribe issue and once for and all bring the matter to rest.
- Enquiry and action must be taken against Chief Secretary and Director General Police of Orissa for misleading the nations by repeatedly making statements of normal situation while the affected areas were totally in control of fundamentalists and initiate actions against the culprits under SC/ST (PoA) Act 1995
- Order deployment of central police force for a period of 3 months or more till all the affected villages come to normalcy.
- Direct the magistrate in the affected areas to take suo motto action against the accused and monitor the compensation process to the victims
- Recommend to set up state minority commission.
Yours Sincerely,
Prof. Ram Dayal Munda, Former Vice Chancellor, Ranchi University and Chief advisor, Indian Confederation of Indigenous and Tribal People
Mr. N. Paul Divakar, National Convener, National Campaign on Dalit Human Rights, New Delhi, Mr. Ashok Agarwal, Supreme Court Advocate, New Delhi,
Mr. Manas Jena, Co-Convener, NCDHR
Dr. Prasad Sirivella, NCDHR
Ms. Nisha Sidhu, National Federation of Indian Women, Rajasthan,
Ms. Bullu Sarin, EIDHR, New Delhi,
Ms. Shashi Bindhani, NAWO, Orissa and, New Delhi