Bhubaneswar: The latest Supreme Court ruling on the anti-Christian violence in Odisha’s Kandhamal district has cheered human rights activists and lawyers working among the survivors.
“The Supreme Court’s ruling recognizes that things are not normal in Kandhamal district,” says Fr Ajaya Kumar Singh, director of Odisha Forum for Social Action, which is regional body of coordinating social work of six dioceses in Odisha.
The apex court on August 3 asked the Odisha government to re-investigate the closure of 315 cases related to the violence and “see that the offenders are brought to book.”
A bench of Chief Justice T S Thakur and Justice Uday U Lalit also invoked a 40-year-old ruling that said “minorities are as much children of the soil as the majority.”
The court took up a Public Interest Litigation filed by Archbishop Raphael Cheenath, former prelate of Cuttack-Bhubaneswar in 2008. The Divine Word prelate, whose jurisdiction included Kandhamal, sought directives from the apex to the federal and state governments for protection, compensation and rehabilitation of the victims.
The Supreme Court noted as “disturbing” that only 78 of the 362 completed trials resulted in conviction. “The concerned authorities must see to it that the matters are taken up wherever acquittals were not justified on facts,” it held.
According to the official reports, at least 39 Christians were killed and 232 churches destroyed in violence triggered by the killing of Hindu religious leader Swami Laxmanananda Saraswati on August 23, 2008.
Fr Singh and other activists maintain that more than 90 people were killed and 56,000 people rendered homeless in the violence that lasted nearly three months.
According to an affidavit filed by the Odisha government, the police had registered 827 cases and filed chargesheets in 512 cases. However, they also closed 315 cases.
The court expressed concern that almost one-third cases were closed by the state police on the ground that either the offenders could not be traced or no offence was made out. “Such a large proportion is quite disturbing. The state could do well in looking into all these 315 cases and see that the offenders are brought to book,” it added.
Fr Singh welcomed the reopening of the cases. “We welcome the direction given to the Odisha state government to create atmosphere of peace and justice where every member including minority feels secured,” the priest told Matters India.
He also remarked that justice is possible only if government protects the witnesses and selectes “a good team of prosecutors “for the reopening cases.
Fr. Dibakar Parichha, a lawyer and a Cuttack-Bhubaneswar archdiocesan priest who handles the cases of some survivors, termed the ruling as “a good sign” and the result of eight years of fight for justice. “The efforts of Archbishop Cheenath a team of lawyers have finally found results,” he told Matters India.
Fr Parichha expressed the hope the Odisha government would disburse the enhanced compensation to the victims without “red-tapism or bureaucratic delay.”
Fr Singh said the riot compensation package has evoked mixed feelings among the activists. “It is disheartening that there was no enhancement for the death as demanded by the survivors;” he said.
Direndra Panda, director of Centre for the Sustainable use of Natural and Social Resources, too expressed happiness that the Supreme Court has recognized the need to hike the compensation package to the Kandhamal riot victims since the amount given by the state government was less.
“I hope the directives of the apex court will be carried out sooner by the Odisha State government,” said Panda, whose secular Bhubaneswar-based NGO also deals with disaster relief,
John Dayal, a veteran journalist and Catholic lay leader, says the ruling has come as the result of Archbishop Cheenath’s relentless legal struggle for more than 60,000 tribal and dalit victims.
“It was his appeal that first made it possible for Christian groups to take relief to the victims in their forest refuges as the local administrator had banned all movement of food, tents and medicines saying Christians would use it for conversions.”
Dayal regretted that the court has not compensated Christian traders, NGOs and other who have lost their business to arson and violence.
“The economic strength of the Christians in the district had been severely impacted in the violence, by design,” he added. He says the victims now need jobs and their children education.
“The district needs a comprehensive, holistic development, and urgently. It also needs a check on the activities of hate-mongers and political groups who incite violence. Fear is still a reality in Kandhamal.”
The apex court has doubled the compensation in several cases. It has ordered the government to pay addition 300,000 rupees to the widows or relatives of those dead over the 500,000 rupees paid earlier.
In case of fully damaged houses, the apex court has asked the government to pay 70,000 rupees in addition to the same amount paid earlier.
Partial damaged houses will get 30,000 rupees more than 30,000 rupees received earlier.
The court has doubled the compensation for the wounded persons. Earlier, they received between 10,000 to 30,000 rupees.
Fr Parchha says the enhanced compensation would amount to 300 million to 350 million rupees. “We need to closely monitor and facilitate the compensation dispensation. Only then will the survivors get the money,” he added.
Fr Singh expressed disappointment that the apex court has not said anything about relief to churches, institutions and humanitarian organizations that were also affected by the riots.
“Hence, we continue to struggle to draw the attention of the state and judiciary for holistic compensation as well as justice and harmony of the citizens living in the region,” he added.
The court had relied on a report submitted by the National Human Rights Commission. “The state government shall do well to inquire into and find the causes for such communal unrest and strengthen the fabric of society,” the bench said.
It wants the state government to undertake peace building measures, apart from strengthening police infrastructure in Kandhamal distri
The court has directed strengthening creating new police stations and deploying additional staff for them.
The state government has sanctioned 750 posts of Special Police Officers for the district. It has created a post of Additional Superintendent of Police Kandhamal.
It has appointed a reserve Inspector (general) in the office of Superintendent of Police Kandhamal and elevated 40 constables the rank of Assistance Sub-Inspector of Police .