MOHAMMAD NAUSHAD KHAN reports the release of the book, Kandhamal: Introspection of Initiative for Justice 2007-2015 co-authored by eminent lawyers Vrinda Grover and Saumya Uma.
The magnitude and the intensity of Kandhamal violence, its brutality, trauma, pain and agony, as well as the struggle, hope and fight for justice flashed once again before minds of the people at the launch of the book, Kandhamal: Introspection of Initiative for Justice 2007-2015, co-authored by eminent lawyers Vrinda Grover and Saumya Uma at the packed Deputy Speaker’s Hall at Constitution Club in the national capital on 31 March.
Although the nature and the scale of the violence against the victims may have been different, all of them had the same feeling that justice has been delayed and denied and their struggle and fight for justice will go on. Every victim’s tale, procedural delay and insensitivity, challenges ahead and the possible way forward are the sole message and the contents of the book which was released by Justice A P Shah, who was the Chief Justice of the High Court of Delhi and Chairman of the National Law Commission.
John Dayal, a social and human rights activist, while opening up the programme and before introducing the guests who have made a mark in jurisprudence, said it is indeed a historic book with sweeping review of targeted violence and communal incidents. It is a collective review of the justice delivery system and failure in containing communal and targeted violence.
Justice Shah, after the release of the book, while recalling his memories and experiences, said that tensions always existed between Hindus and Muslims during festivals in Solapur where he was brought up. After communal riots, there used to be routine arrest and prosecution of some people but these people could mostly get acquitted in the trial stage or in a free court. “I do not recall ever having seen anyone given justice except announcement of some token amount of compensation. When I left Solapur, a number of riots took place in various parts of India and it is a fact that all the time it was the Muslim community at the receiving end. Kandhamal is also on the list after Nellie, anti-Sikh riots, Gujarat and Muzaffarpur and the list goes on,” he said.
While referring to the book, he said this book seeks to understand whether the victims of Kandhamal have received any justice in their life in any form. In this book, efforts have been made to minutely examine and conduct a systematic examination of the riots pertaining to violence and offer a retrospective look of what happens in such riots.
The 304-page book, highlighting the delay of justice delivery system to the victims of anti-Christian violence in Kandhamal, Odisha is jointly published by Media House and the United Christian Forum.
On the commission and enquiry after riots and targeted violence, Raju Ramachandran, senior Supreme Court lawyer said that the formation of commissions that are set to enquire is nothing but a delaying tactics so that it is forgotten and the government chooses the retired judges who are perceived to be not so very difficult. While referring to the third chapter of the book, Ramachandran cautioned the judges by reminding about how a statement made in spontaneity can snowball and hit the headlines. He said last week when the Ayodhya case was mentioned before the Chief Justice of India by a prominent political figure who is not yet a party to that case. He is an intervener.
Ramachandran added that mere mention of listing the case for early hearing was enough for a suggestion of mediation to come from none other than the Chief Justice. “Since I have great respect for the goodness and the bonafide of the Chief Justice, this was nothing but a spontaneous and exuberant reaction by the Chief Justice. But the question is: can spontaneity send wrong signals? This was a matter which requires circumspection and restraint especially when the request was only for listing,” he said.
Kandhamal is one of the poorest districts in Odisha and its ranking on the Human Development Index is abysmally low. The district witnessed large-scale organised attacks on the Christian community in December 2007 and August 2008. According to figures available, more than 100 people were killed which included disabled, elderly persons, children, men and women. Approximately 600 villages were ransacked, 6500 houses were plundered and gutted, at least 54,000 people were rendered homeless and 395 churches and other places of worship were destroyed.
One of the authors of the book, Vrinda Grover who is a Delhi-based lawyer, researcher and human rights activists, while speaking on the occasion particularly on the challenges before the judiciary, emphasised that citizens irrespective of religion, caste and creed should assert today very strongly. “When we talk about justice, witnesses and victims, I have seen some of the fast track courts including Muzaffarnagar. These are to use very casual word gimmick that the legal system is doling out. They are not working and there are reasons as to why they are not working. And within the legal system, there is no inclination to understand where the problem lies,” Vrinda observed.
“It’s my understanding through my works that, just like hunger, justice is the natural urge in human beings. It’s not something that constitution and criminal justice system gives us and therefore I look forward,” argued Vrinda. While reminding the duties of lawyers, judges, activists and journalists, she said, the least we could do is to stand by them in their struggles. Recalling the split in the bar during Kandhamal and the Muzaffarnagar riots she said here is complete polarisation including amongst us lawyers. Referring to the ideology and the fast political changes, she said it is the duty of the Supreme Court and the High Courts not only to maintain their independent identity but also to act as custodians of the Constitution of this country. “During the Emergency, the Supreme Court did fail its citizens, it apologised many years later. We are again at a time that we do hope that the Supreme Court of India will stand by the very Constitution on which oath was taken by each one of us.”
On the present political scenario, Hartosh Singh Bal who is presently the political editor of The Caravan magazine, while joining the dots of the present political development with the historical past said that this is the worst time for the minorities since Independence. Saumya Uma, lawyer and human right activist, while sharing her personal experience from the Kandhamal laid stress on the need for the provision of victims’ protection. Supreme Court Senior Advocate Rebecca Mammen John also addressed the gathering.
Some victims of the Kandhamal violence were also present during the programme. Ajay Kumar Singh, a priest of Kandhamal who escorted the victims to reach here from Kandhamal, shared his feeling with Radiance, “Before the violence we never felt any kind of insecurity in our mind and we were free to move anywhere even during the night. But now people are scared of. It seems that Kandhamal has changed forever. There is hardly any church there where we can even think of celebrating Christmas without any security and police; it itself speaks volumes of the entire situation over there.”
Another victim of Kandhamal riots, Jamoj Parichha, told Radiance, “Years passed by; still I feel insecure. I cannot forget the traumatic days of the past and sometime I cannot even sleep. Badamajhi, another victim whose husband is in jail, still believes she will get justice one day. The victims had come from Odisha to express their feelings to those who they never met yet who stood with them in their struggle for justice. The remains, rubbles and the dust of horrific Kandhamal violence may seem to have settled for now but the pains and sufferings are still fresh in the minds of the victims.