*Kandhamal Communal Violence: Four Years Later*

*A Fact Finding Report*

27 August, 2012

*A synopsis of the fact finding report on the situation of violence
affected people in Kandhamal after four years*

*O*ne of the most severe communal violence took place in Kandhamal in 2008
following the alleged murder of Swami Laxamananda Saraswati, a front-line
leader of Sangh Parivar by the Communist Party of India (Maoists). The
violence forced 55000 minority Christians to displace, 5600 homes in 415
villages were looted and burnt down, 38 persons were killed, two women were
gangraped, several people were tortured, disabled.

A Fact Finding Team visited 16 villages during 10th to 14th August, 2012;
interviewed about fifty persons including victims, witnesses, leaders of
different political and social organisations, District Collector and
Superintendent of Police and reviewed various documents and records.

*Highlights of Observations:*

*Status of the Livelihood (income source) of Victims and Access to MGNREGS:*

Almost all the victims belong to families below poverty line, mostly
dependent on daily-wage labor, cultivation and small vending works. After
the violence they had to run here and there for their life without any
means for livelihoods. After coming back, they found it very difficult to
get back their previous livelihood practices. They are not getting labor
works in the fields/houses of people from other communities either because
of insecurity feeling or not allowed. People are not able to access MNREGS
works regularly for alien treatment by Gram Sathi and PRI leaders. People
depending on forest product are barred by the other community people to
collect these items.

*Migration:*

Among those survivors who left Kandhamal during violence to other places,
at least 10,000 people are yet to return to their respective places. In
Bhubaneswar alone, more than five thousand people are struggling to live
anyway. Many of those who returned began to migrate, again, as it became
quite hard to find viable livelihood options at their locality. Out of fear
the minorities of Mlahupanga, Dadingia, Beticola villages who were
compelled to shift to other places like Nandagiri of Kandhamal, do not have
any dependable sources of income and are planning to migrate outside.

Children’s Education: Many Christian students had to drop their study. Some
parents informed that they have sent their kids to outside Kandhamal for
study as they feel their children (already undergone traumatic conditions)
are not safe inside Kandhamal. The eight years old son of widowed Ludhia
Digal is staying at Punjab. However, the team noticed some of violence
affected children cleaning the table, washing the plates and serving water
in some hotels run by higher caste people in Baliguda, G.Udaigiri, Phulbani
children.

*Caste Certificate:*

Both adivasis and dalits are facing difficulties in obtaining caste
certificate. Tahasil officials are issuing certificates to only those who
have recommendations from Vishwa Hindu Parisad and Kui Samaj Samanmaya
Samiti and other Hindutya groups. In Bagadi, Kandha people failed to get
the certificates. In Bhaliapada of Gumamaha Gram Panchyat, many victims
complained dalits (Pano) children are deprived of getting admission in the
govt. run Ashram Schools or getting stipends for being unable to get a
certificate from Tahasil offices. Even if the DM clarifies that there are
other ways of assessing caste identity and issuing certificates, the
dominance of Sangh Parivar (VHP or KSSS) continues in decisions of Tahasil
officials.

*Compensation – Housing and Properties*

About 5600 people lost their houses during the violence. Odisha government
provided Rs.50000.00 for fully-damaged houses and Rs.20000.00 for partially
damaged houses. As of now, there are 5% families are yet to get any
compensation. Many families, even if they had to replace their house walls
and roof fully have been enlisted in the ‘partially damaged houses’.
Compared to other states, the compensation for house damage in Orissa is
much less. Of course, most of the survivor families could get some
additional supports from non-official sources.

The government did not enumerate loss of properties (other than housing)
such as household articles, agricultural and forest produces, domestic
animals, vital documents (like educational certificates, land records) ,
agricultural impliments, utensils, clothes, loss of livelihood etc. Average
cost of damage of such properties per family came about Rs.200000.00. Many
people lamented – it’ll take another generation recuperate their losses.
The DM tells – the government does not have a policy to enumerate or
compensate such losses.

130 shop keepers who got their shops destroyed they have received a little
compensation in comparison to their loss, which is far below the
requirement to revive their business.

Almost no compensation (little cases very small compensation) has been
given against the damage of institutions such as hospitals, schools, NGOs,
churches.

Condition of Government-established Colonies (Ghettos) for victims:
When the government failed to take back the people to their respective
villages as it did not succeed in providing security there and they put the
people in new villages - Nandagiri, Ashirbada colony, Ambedkar colony.
Although more than 150 families are made to stay in these colonies, there
are opportunities for their livelihoods and no adequate facilities for
water and sanitation. A sizable section of the victims migrate to other
states.

Christian families in Beticola village were threatened not to return to
their village unless they convert into Hinduism. Ajay Mallick, Trashant
Malick and Gochhi Nayak (63) and others had to leave back their moveable
and immovable properties and livelihood and came to Nandagiri.

*Justice Delivery:*

Against the total 3232 criminal complaints lodged by the victims, while the
district police acknowledged 1541 cases, only 828 were registered as FIR
(First Information Reports)s by the Police. Out of 245 cases disposed by
the Fast Track Court, convictions have been made in 73 cases and in 172
cases no convictions have been made. 267 cases are pending for trial. Total
persons acquitted as of now are 2433 and only 452 persons have been
convicted.

Out of total 30 murder cases heard till now at the Fast Track Court, only
in 2 cases (6 Persons) have been given the punishment for life-imprisonment
and in 5 other cases lesser punishment have been given. But, in the rest 22
cases almost everybody got acquitted.

The witnesses are being motivated by some influential persons like Manoj
Pradhan (accused of 11 murder cases), MLA of G.Udayagiri constituency.

The court premises are dominated by the supporters of fundamentalist forces
while hearings are made including influential political persons and
hooligans with them. In many places the accused have not been arrested and
they are roaming freely and threatening repeatedly to the victims and
witnesses to withdraw the cases against them.

*Security and Peace*

The survivors are living under stress and strains. Threats, hate campaigns
are regularly used to demonize the minorities. They feel insecure. In
Bodimunda, the minorities are being treated as the 2nd class citizen and
suppressed by the Sangh Parivar. The minorities are not allowed to raise
their voice in a meeting or while collecting the water from tube well they
have to wait till all the Hindus fetch. Even, they are allowed to rebuild
their houses. The district administration claims that the normalcy has come
after the four years of violence, which is found to be self-complacent.
Undeclared social boycott could marked in at least 2-3 villages out of 17
the team visited i.e. Bodimunda. In some villages, conditions are imposed
on minorities if they would be allowed to stay in the village provided that
they withdraw the cases, convert into Hinduism and stop taking beef etc.

*Fake Arrestees*

The innocent peoples are arrested suspecting the killer of Laxamanananda
and connecting them with Maoist which harasses victims and their family
member. Seven persons accused of being Maoists and murdering Swami
Laxamanananda namely Sanatana Badamajhi, Duryadhana Sunamajhi, Garnath
Challanseth, Budhadev Nayak, Bijay Sanseth, Munda Badmajhi and Bhaskar
Sunamajhi from Madaguda Gram Panchayat are suffering in jail for last 4
years. They belong to adivasi and dalit communities. In the meantime, 40
out of 42 witnesses have submitted their statements before the Court that
the accused persons are innocent and not involved in the murder. The three
times polygraph tests conducted on them proved nothing against them. The
conditions of their family members are miserable. The police are
deliberately prolonging the case claiming that all the witnesses had been
motivated and, hence, arguing for re-deposition by the witnesses before the
Court. Instead of searching of real culprits, the self-complacent officers
are putting their entire weight on wrong targets.

*Fact finding Team members:*

Mahendra Parida, Cell: 9437106174
Surya Mishra
Manoj Nayak,
Sanjay Das,
Manas Sahoo

Date of Visit: 10th to 14th August, 2012

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