A state of
emergency
The matters and circumstances that led to the Kandhamal
violence of 2007 and 2008 in Orissa continue to endanger life and livelihood and
the sanctity and security of human rights in the state. Even as the situation in
Orissa remains beleaguered and volatile, the state government has warned
Christian tribal victims, several thousand who still lived in relief camps, that
they must compulsorily return to their villages by January 31, 2009. No extra
protection for their safety has been assured.
Professor Angana Chatterji deposed before the United States Congressional
Task Force on Religious Freedom in December 2008. We reproduce below excerpts
from her written representation, recommendations for action to counter the
threat that religious extremism poses to democracy and security in India, with a
special focus on Orissa.
BY Angana Chatterji
I thank the Congressional Task Force on International Religious
Freedom for honouring me with an invitation to testify at the hearing. I
submit the following recommendations for consideration related to United States
policy in its continued association with India, in ensuring mutual respect for,
and commitment to, freedom of religion, a secular state and the attendant human
rights and civil liberties of disenfranchised, including minority, groups and
peoples.
The following submission is mindful of the political/policy
borders and boundaries that mediate issues of national sovereignty. The implicit
assumption is that actions to uphold human rights, civil liberties and
democratic governance by the United States government contribute significantly
to international discourse in ways that are beneficial globally as well as to
United States domestic policy and practice. The following submission is an
appeal for ethical negotiation between India and the United States as the most
powerful (United States) and populous (India) democracies seek to fulfil their
commitment to human rights and its attendant freedoms. In so doing, various
constituencies in both nations remain hopeful that any opportunity for
association between these states will assist in enabling mutual adherence to
responsible and democratic governance…
I am a citizen of India and a permanent resident of the United
States. My observations are based on research on religious freedom and minority
rights conducted by me in Orissa. I have undertaken 16 trips to the state since
June 2002 and undertaken work in 66 villages, 11 towns and four cities across 17
districts in Orissa.
Religious violence and the ‘religionisation’ of social life by
Hindu nationalist organisations have continued to endanger life and livelihood
for minorities in India as witnessed in Gujarat (2002), Jammu and Kashmir
(2008), Orissa (2007-2008), Karnataka (2008), Assam (2008) and elsewhere. The
violence against Christian minority communities in Orissa in August-October 2008
was not unexpected. In Orissa, since the mid-1990s, a formidable mobilisation
has been established by Hindu nationalist groups, including in Kandhamal
district. These groups have acted with egregious impunity with adverse impact on
society, economy, culture, religion, polity and security in the state. The sangh
parivar ‘family’ of Hindutva, Hindu supremacist, organisations has a visible
presence in 25 of 30 districts in Orissa. The sangh parivar has amassed between
35 and 40 major organisations with numerous branches (including paramilitary
hate camps) in 25 districts in Orissa, with a massive base of a few million
operating at every level of society ranging from, and connecting, villages to
cities in their campaign to ‘convert’ Orissa for the ‘Hindu nation’…
Recommendations for action in the United States
Various diasporic charitable organisations affiliated with Hindu
nationalist ideologies operate in the United States. This has been well
documented... These organisations routinely maintain links with Hindu
nationalist leaders and organisations in India, including in Orissa. As well,
these diasporic organisations seek to influence public discourse and policy in
the United States that relates to India. They also fund-raise to export capital
and resources to counterpart/affiliate organisations in India, including in
Orissa, that assist in various ways in promulgating Hindu nationalist ideology.
It is imperative that charities involved in work that promulgates and maintains
an infrastructure of hate and violence against minorities be so designated. A
list of such charities must be responsibly developed in consultation with
academics, researchers and independent bodies with relevant expertise on the
subject. Following such identification, investigations must be undertaken by
relevant authorities into the actions of these organisations operating with
charitable status.
The categorisation of organisations that promulgate
divisiveness, hate and violence must occur with the utmost care and in a
transparent manner so as to not infringe on the freedoms, rights and
entitlements of organisations that legitimately undertake charitable work, or
ensue the demonisation of vulnerable groups and marginal, even unorthodox,
perspectives. The objective is not to further involve the state in public life
but to note that the state is already involved in the ability of these
organisations to function.
Hindu nationalism operates as a transnational movement and the
reach of its affiliated ‘charitable’ organisations in the United States
continues internationally through groups they fund and support in India. Halting
their interventions requires new ways of thinking about domestic and foreign
policy and necessitates coordination between the United States and India as a
tenet of bilateral cooperation.
Toward the above and further
1. Undertake a systematic, routine and detailed investigation
into the actions of diasporic Hindu nationalist groups to identify and
investigate their status, actions, finances, and the actions and affiliations of
their membership in the United States as well as their affiliates and cadre.
These groups must be investigated and monitored and, as appropriate, requisite
action must be taken and sanctions must be imposed on their activities.
2. Many of these organisations, registered as charitable
entities in the United States, routinely allocate sizeable amounts of money
under ‘programme services’, disproportionately directed to Hindu nationalist and
affiliated groups in India. The effects of this have been documented in the
organised violence against Muslims, aided by officials of the state government
at the highest level, in Gujarat in 2002.
3. Certain diasporic organisations affiliated with Hindu
nationalism, such as the India Development Relief Fund (IDRF, Tax Identification
Number 52-1555563) and Vishwa Hindu Parishad of America (VHP-A, Tax
Identification Number 51-0156325), Sewa International (Tax Identification Number
20-0638718) and Ekal Vidyalaya Foundation of USA (Tax Identification Number
77-0554248), are registered as charity organisations in the United States. As
their work appears to be political in nature, they should be audited and
recognised as political organisations.
A serious concern is whether the activities of these fall within
the objectives of their tax-exempt status; whether in fact these organisations
should have been registered as 501(c)3 groups given the nature of their
activities; whether the monies collected are indeed used for the purposes for
which they were collected; and whether illegal and political activities are
being carried out in the name of social work. Given these concerns, the
charitable status, and the rights and privileges thereof, enjoyed by these
groups should be reviewed and, where appropriate, revoked. Further, their
activities should be monitored to determine their role in fomenting hate and
undermining the human rights of various individuals and groups in India.
The VHP failed to gain recognition at the United Nations as a
‘cultural organisation’ in 1999 because of its philosophical underpinnings even
as the VHP-A continues to function as an independent charity, registered in the
United States since the 1970s.
4. The Hindu Swayamsevak Sangh-USA (Tax Identification Number
52-1647017, an ideological affiliate of the militant Rashtriya Swayamsevak Sangh
in India) and VHP-Overseas (Tax Identification Number 04-3576058) are registered
as 501(c)3 groups and operate as cultural organisations, seeking to mainstream
and lobby Hindu nationalist concerns in the United States. The impact of their
activities in promulgating hate and perpetrating ‘terror’ and communal violence
in India must be investigated.
5. Monitor visa issuance to, and the travel of, Hindu
nationalist leaders and activists charged with involvement in criminal acts. A
case in point is Mr Narendra Modi, the incumbent chief minister of Gujarat, who
has been implicated in the violence orchestrated against Muslims in 2002 and
whose visa was revoked by the United States in 2005 following advocacy on the
part of civil society groups and academics in the United States and support from
congressional members.
6. Ensure that appointees to federal and state positions or
those that serve in an advisory capacity or as experts to state officials are
scrutinised for affiliations or linkages they may hold within Hindu nationalist
groups. These affiliations, where they exist, should not be treated as benign
and a reasoned investigation must be undertaken to determine whether the
prospective appointee or adviser is able to fulfil requisite service obligations
with ideological and practical distance from Hindu nationalist agendas. A case
in point is Ms Sonal Shah who was appointed to President-elect Barack Obama’s
15-member transition team in November 2008. While her list of accomplishments
and expertise runs high, she has worked as a national coordinator for the VHP-A
and served on its governing council and her organisation, Indify, affiliated
with Ekal Vidyalaya of India and supported the ideological and political
premises of Hindu nationalism and their action programmes.
7. Ensure that international human rights and independent
monitoring groups are invited to India on a regular basis to monitor the status
of religious freedom and human rights of minority communities and allied faith
and secular peoples and groups. The ability of international human rights and
independent monitoring groups to work in alliance with local civil society
institutions is crucial to interrupting the isolation disenfranchised/minority
groups experience and producing accountability.
8. Ensure that the constitutionality and transparent
implementation of security laws of India, as they pertain to religious groups
and religious freedoms, are able to be rigorously monitored by international
human rights and independent monitoring groups in alliance with local civil
society institutions. These laws have been, without due cause,
disproportionately and variously used by law enforcement agencies in India
against minority communities and those dissenting unethical practices of the
state and their rights have not been duly protected.
9. All bilateral projects must be assessed for their human
rights implications and cost-benefit analyses undertaken to determine/ensure
that these projects are in fact positioned to make contributions that are
empowering for disenfranchised groups, including minorities, so as to enable the
restructuring of inequitable and institutionalised relations of power that lead
to majoritarianism and communal violence.
Actions applicable to Orissa and at the national level in India
Reciprocally, it is important to note certain actions that have
been proposed by concerned citizens in India that the Government of India and
Government of Orissa must undertake toward effective intervention into the
organisation and growth of Hindu nationalism. Toward this:
1. In India, the CBI must be required to expeditiously
investigate the activities of the Bajrang Dal, the VHP and the RSS in Orissa and
apply, wherever necessary, relevant provisions of the Unlawful Activities
(Prevention) Act 1967. Section 2G of the act, ‘unlawful association’, denotes:
(1) "that which has for its object any unlawful activity, or which encourages or
aids persons to undertake any unlawful activity, or through which the members
undertake such activity"; or (2) "which has for its object any activity which is
punishable under Section 153A or Section 153B of the Indian Penal Code 1860
([Central Act] 45 of 1860), or which encourages or aids persons to undertake any
such activity, or of which the members undertake any such activity".
2. A review panel must be appointed by the Government of Orissa,
in consultation with the National Human Rights Commission, the National
Minorities Commission and other relevant independent bodies, to identify and
investigate the status, actions, finances and membership of Hindu nationalist
groups and their affiliates and cadre and the actions of their membership. These
groups must be investigated and monitored and, as appropriate, requisite action
must be taken and sanctions must be imposed on their activities and reparations
must be made retroactively to the affected communities and individuals. The
Government of Orissa must act to stop instances of communalisation from
escalating into violent episodes.
3. Hindu nationalist leaders, activists and organisations in
Orissa charged with involvement in criminal acts and involvement in actions that
have led, or may lead, to communal violence must be investigated and prosecuted.
4. Certain organisations, such as the VHP and Vanvasi Kalyan
Ashram, are registered as cultural and charitable organisations. As their work
appears to be political in nature, they should be audited and recognised as
political organisations. A serious concern is whether the activities of Hindu
nationalist charitable organisations fall within the objectives of the social
trust/public charitable trust and whether in fact these organisations should
have been registered as social trusts given the nature of their activities;
whether the monies collected are indeed used for the purposes for which they
were collected and whether illegal and political activities are being carried
out in the name of social work. Given these concerns, the charitable status, and
the rights and privileges thereof, enjoyed by these groups must be reviewed and
necessary action taken.
5. The Government of Orissa and the central government must make
concerted efforts to identify, investigate and eradicate paramilitary hate camps
being operated in Orissa by the Hindu nationalist groups that instruct cadre in
arms training and militancy with the express purpose of threatening and
destroying disenfranchised and minority populations through social and economic
boycotts, sporadic and organised intimidation, arson, rape, murder and other
forms of social, gendered, sexualised, economic and physical violence.
6. Various police and court investigations related to crimes
against minorities have not been undertaken in Orissa. On various occasions the
police have refused to file first information reports (FIRs). Police desks
should be set up for registering minority grievances and filing FIRs and the
Government of Orissa must appoint a team of special public prosecutors to
conduct proceedings as necessary. Toward this, independent monitoring bodies
must be supported and protected.
7. The Government of India and the Government of Orissa must
take adequate and expeditious steps to ensure that those who convert voluntarily
to Christianity, Islam or any other faith are allowed to practise their
religion. Failing to do so is in serious violation of Articles 25-28 of the
Constitution of India, which define the fundamental rights of every citizen of
India and those that the Government of India and the Government of Orissa are
obligated to uphold. Toward this, independent monitoring bodies must be
supported and protected.
8. Hindu nationalist organisations are forcibly converting
Christians and other non-Hindus in Orissa to Hinduism. Sangh parivar activists
claim India to be a Hindu nation and all Adivasis (tribals, indigenous peoples)
and Dalits (erstwhile ‘untouchable’ groups) to be ‘originally’ Hindus even as
Adivasis and Dalits often do not self-identify as such. Drawing on such
rationales, Hindu nationalist organisations justify coercion in ‘bringing back’
Adivasis or Dalits to Hinduism. Urgent steps should be taken to stop the
Hinduisation of these communities by means of coercion or duress. The police and
courts must act immediately and authoritatively to stop Hindu nationalists from
enacting forcible conversions or ‘reconversions’ and the police must be required
to submit regular and public reports documenting their work in this matter.
9. The disparagement, demonisation and vilification of any
religion should be statutorily prohibited and held punishable under the IPC.
10. The Orissa Freedom of Religion Act 1967 must be reviewed and
repealed.
11. The Orissa Prevention of Cow Slaughter Act 1960 must be
reviewed and repealed.
12. The Government of Orissa must establish and activate the
State Minorities Commission.
13. The BJD-BJP coalition government in Orissa must honour the
constitutional mandate requiring the separation of religion from state.
14. Police, judicial and governmental reform, including
diversity training, must be addressed by relevant state institutions and action
taken against officers of the law and political servants who abuse their
position of public trust by using their power to influence and support Hindu
nationalist organisations and sustain a climate of communalism in Orissa.
15. The Government of Orissa must adopt an integrated and
sustainable approach to community development and make concrete efforts to stop
further ghettoisation of minority communities. The Government of Orissa must
promote non-segregated localities, housing complexes, housing societies, clubs,
educational and recreational institutions and the Government of Orissa must
publicly support social interactions, including voluntary inter-caste,
interfaith and inter-class unions, marriages and partnerships.
16. The Government of India must issue a white paper on bomb
blasts and terror attacks in India and constitute a joint parliamentary
committee that investigates such incidents.
17. The law should be amended to obviate the requirement of
prior sanction of the state before prosecuting anyone for hate speech.
18. The Communal Violence (Prevention, Control and
Rehabilitation of Victims) Bill 2005, introduced in the Parliament of India in
December 2005 and approved by the union cabinet in March 2007, must be passed,
and with the requisite amended clauses to ensure state accountability. The bill,
advocated by citizen-motivated efforts for the prevention of genocide and crimes
against humanity, in its official formulation as introduced by the Congress
government, remained deficient in defining procedures for state and public
accountability. As presently drafted, the law will become applicable only
selectively. An amendment should do away with the law being made applicable only
selectively, at places and times as convenient to the state. In addition, there
exist no dedicated provisions for reparation and rehabilitation of
victims/survivors. The bill fails to address issues of negligence displayed by
state authorities in preventing and controlling communal violence and in
disbursing timely and just compensation and psychosocial rehabilitation as well
as establishing parameters for witness protection and for soliciting and
recording victim testimonies. It fails to chart measures to bring justice and
accountability with regard to gender and sex-based crimes in the event of
communal violence (which is not effectively addressed by the IPC or separate
legislation) and in imposing checks and balances on the state and its police and
security forces, whose inertia and majoritarian complicity in communal
collisions have been consistent.
19. On November 29, 1949 India became a signatory to the
Convention on the Prevention and Punishment of the Crime of Genocide, approved
by the United Nations General Assembly resolution 260 A (III) of December 9,
1948. On August 27, 1959 India ratified the Genocide Convention. However, India
is yet to fulfil its obligatory commitment to enact legislation to implement the
convention, which it must be compelled to undertake.
Context of Hindu nationalism in Orissa Conscription
into Hindu activism is coordinated through political reform, propaganda/thought
control, cultural and religious interventions, developmental/social service and
charitable work, sectarian health care, unionisation and revisionist education.
Hindu nationalists have inaugurated various trusts and branches of national and
international institutions in Orissa to aid fund-raising, including, reportedly,
the Friends of Tribal Society, Samarpan Charitable Trust, Sookruti, Yasodha
Sadan, Utkal Bipanna Sahayata Samiti and Odisha International Centre. It is
noteworthy that since March 2000 the state government has comprised of a
coalition of the Biju Janata Dal and the BJP (the parliamentary wing of Hindu
nationalism).
The sangh parivar has built a cadre comprised of Hindus, men and
women, in targeting Christians, Muslims, Adivasis and Dalits and other
disenfranchised, progressive and secular groups in Orissa. Orissa has a
population of 36.8 million (Census 2001). Of this, 7,61,985 – 2.1 per cent – are
Muslims. Orissa Christians number 8,97,861 – just 2.4 per cent of the state’s
population per the census of 2001 (in 1991 it was 2.1 per cent and in 1981, 1.7
per cent). There are 6.08 million Dalits in Orissa, 16.5 per cent of the
population. Adivasis are 8.14 million in number, 22.1 per cent of the
population, the largest among all states in India.
The sangh parivar’s agenda is enabled by the staggering
inequities present in the state where severe social and institutionalised forms
of caste, class and gendered oppressions are rampant, facilitative of
regularised violence, including sexualised violence. Unemployment is on the rise
in Orissa and abysmal daily wages prevail; 47.2 per cent of the total population
lives in poverty while 48 per cent of the rural population is poor (87 per cent
of the state’s population lives in villages currently and per the 2001 census,
there are 51,352 villages in Orissa). Among the Adivasi population, 63.6 per
cent are poor while 40.5 per cent of Dalits live in poverty. Among the Muslim
population, 70 per cent are poor in Cuttack, Jagatsinghpur and Puri districts,
where they are concentrated.
During the 2008 violence in Orissa various militant Hindu
nationalist organisations acted with impunity. The violence was led by the
following groups – the Bajrang Dal, VHP and RSS. Following the riots and
extended violence against Christian communities in Kandhamal district of Orissa
in August-October 2008, the Government of Orissa and police, military and
paramilitary forces deployed in the state failed to respond effectively,
efficiently or appropriately. This posed a serious threat to democratic
governance in the state and the ability of government to ensure the security and
sanctity of peoples and groups made vulnerable through majoritarian communalism
as perpetrated by Hindu nationalist organisations in the state. The central
government in New Delhi as well failed to respond in a timely and effective
manner and with due concern.
It is only after the violence drew significant national and
international attention, and began to generate other and political consequences,
that both state and central governments responded to stop the violations against
Christian minority groups in Orissa. The outrage and response of the state
failed to match the proportion and extent of violence perpetrated by Hindu
nationalist organisations. As of December 25, 2008 rehabilitation measures and
provisions ensuring the security of vulnerable groups in rural areas and towns
in Kandhamal district remained vastly inadequate.
The matters and circumstances that led to the Kandhamal violence
of 2007 and 2008 in Orissa continue to pose a threat to the sanctity and
security of human rights in the state, particularly of religious and ethnic
minorities such as Christians and Muslims, disenfranchised Adivasi, Dalit and
caste groups, and other vulnerable groups such as women, and secular
organisations and active individuals across the state. Failure to take
preventative and effective action continues to jeopardise the rule of law, the
right to life and livelihood, freedom of religion, of speech, movement,
assembly, inquiry and the right to information in Orissa. As I write this, the
situation in Orissa remains beleaguered and volatile, de facto in a state of
emergency.
December 30, 2008
(Angana Chatterji is associate professor in the department of
social and cultural anthropology, California Institute of Integral Studies, San
Francisco.)