KEDAR NAGARAJAN - Justice Continues to Elude Victims of Kandhamal Violence
New Delhi: Nearly eight years have passed since
communal violence in Kandhamal claimed the lives of 82 people, mostly Christian
adivasis and dalits, damaged 6,000 houses and displaced 56,000 people in 2008.
The government, however, officially recorded only 39 deaths. In addition,
395 churches were destroyed and two cases of sexual assaults against women were
reported. Close to a 100,000 children in the area also dropped out from school
in the area due to displacement and insecurity. Victims of the violence say
that several cases have been closed without adequate justice being served and
compensation provided has been much lower than is required.
The Kandhamal Nyaya, Shanti O Sadhabana Samaj, an
organisation of victims, met with the President on September 7 and presented a
memorandum urging immediate action. The association has also received cross
party support from CPI (M)’s Brinda Karat, former Congress Minister Mani
Shankar Aiyer and Kavita Krishnan of the All India Progressive Women’s
Association. Addressing a press conference in Delhi on September 8,
Father Ajay Singh brought to light several facts that media reports at the time
of the violence did not cover.
Cases closed: Of the 3232 complaints lodged, only 825 FIRs were
filed by the police and only 605 led to chargesheets. 302 cases were closed
arbitrarily citing lack of evidence as the cause. Of the 35 murder cases that
were taken into account, 33 cases were closed. 11,000 rioters named in the
complaints were granted anticipatory bail, while 3,254 persons were acquitted
due to the arbitrary closing of cases. Only 10 people have been convicted
in two murder cases and all are currently on bail. Fr. Ajay Singh noted that
not only was the violence extremely sectarian in nature, but the failure of the
justice system continues to reflect the power of the communal forces in the
state. Attacks by right wing groups have also been carried out on 13 NGOs that
attempted to provide relief packages to the victims.
The Samaj’s memorandum has also stated that the despite the
Maoists admitting that they were responsible for the August 23, 2008 killing
of Swami Laxmanananda Saraswati – used by the Hindutva groups as a pretext
to attack Christian villagers in the district – seven innocent dalits and
adivasis were arrested for his murder. They were all denied bail and convicted
to life. At the press conference, Karat noted that she had met the
seven who are currently in Phulbani district central jail. “If one goes
through the judgment, the ridiculous testimonies of the witnesses come across
clearly.”
Inadequate compensation :
The compensation received for the damage of property has
been extremely inadequate – a mere Rs 20,000 for a partially damaged house and
Rs 50,000 for a fully damaged house. Many of these areas are in remote places
and therefore the compensation does not adequately account for cost of
materials and their transportation to rebuild houses. According to Karat,
“deteriorating standards of living have become a norm in Kandhamal.” Attacking
the absence of witness protection in the state, she said,
“While the BJP and
RSS have been wiped out of Orissa electorally, the power the sangh parivar
wields on the ground has allowed them to intimidate many witnesses that want to
testify.” One of the victims, Kanaka Rekha said, “I witnessed the murder of my
husband, but I haven’t been able to testify. A BJP MLA was involved in the
murder and that is why there has been a lot of witness intimidation.” The
Biju Janata Dal state government has avoided meeting the delegation of the
victims repeatedly.
The delegation has demanded Rs 7 lakh as compensation to
each family, Rs 15 lakh to rebuild damaged village churches, Rs 30 lakh for the
parish churches and the reopening of cases that have been closed, as well as a
special package to enable children to finish their studies.
http://thewire.in/2015/09/11/justice-continues-to-elude-victims-of-kandhamal-violence-10529/