The National People’s Tribunal (NPT) on Kandhamal, held in New Delhi on 22-24 August 2010, was organised by the National Solidarity Forum – a countrywide solidarity platform of concerned social activists, media persons, researchers, legal experts, film makers, artists, writers, scientists and civil society organisations to assist the victims and survivors of the Kandhamal violence 2008 to seek justice, accountability and peace and to restore the victim-survivors’ right to a dignified life.
The Tribunal heard 43 victims, survivors and their representatives, and 15 experts who presented studies / fact-finding reports on the Kandhamal violence. Documentation related to each case, consisting of affidavits, court documents, medical and other supporting documents, as well as copies of reports and studies on the violence were placed before the jury for its perusal. The depositions were on a range of issues including a) Adivasi and Dalit rights to religious and culture freedom; b) role of police, administration and the criminal justice system; c) issues relating to housing, compensation, relief, rehabilitation, food and livelihood, displacement and migration of the victims; d) impact on children and their education; e) gender violence and violations of human rights; and f) role of media, political parties, and civil society in peace and reconciliation processes.
The jury recorded its shock and deep concern for the heinous and brutal manner in which the members of the Christian community, a vast majority of who are Dalits and Tribals were killed, dismembered, sexually assaulted and tortured. The deliberate destruction of evidence pertaining to these crimes came to the attention to the jury. There was rampant and systematic looting and destruction of houses and places of worship and means of livelihood. The victim-survivors continue to be intimidated and systematically denied protection and access to justice.
From the testimonies heard and the detailed reports received, the jury was convinced that the carnage in Kandhamal is an act of communalism mainly directed against the Christian community, a vast majority of who are of scheduled caste origin and anyone who supported or worked with the community.
“It is clear to us that there was deliberate strategy of targeting of the community, fed by groups of the Hindutva ideology such as Rashtriya Swayamsevak Sangh (RSS), Vishwa Hindu Parishad (VHP), Bajrang Dal and the active members of Bharatiya Janata Party (BJP).
“The jury is further convinced that the communal violence in Kandhamal was the consequence of a subversion of constitutional governance in which state agents were complicit. The jury acknowledges and appreciates the courage, determination and resilience of the victim-survivors and the human rights defenders supporting them, who have braved physical, psychological and economic hardships and intimidation to tell their stories before this Tribunal, thereby breaking the culture of silence,” said the Preamble of the Report of NPT released on August 24.
The recommendations of NPT, headed by Justice A.P. Shah, former Chief Justice of the Delhi High Court, include the following:
- Enquiry into and suspension of police and administrative officials responsible for grave dereliction of duty.
- Proactive prevention of programmes planned by Hindutva forces that are divisive and propagate hate such as kalash yatra, Shraddhanjali sabhas (memorial meetings) and dharnas by Hindu religious leaders of Orissa held to perform rituals to eliminate the ‘enemies of Hindus.’
- Sections 153 A and B of the Indian Penal Code be strictly enforced.
- National Legal Services Authorities at both State and Central level to set up legal cell to assist victims to register FIRs where they were not registered or inaccurately registered, re-open closed cases, and transfer pending cases to outside the Kandhamal jurisdiction.
- A Special Investigation Team (SIT) be constituted to re-examine the
already registered FIRs for accuracy, examine registrations of fresh FIRs, the trials that resulted in acquittals due to intimidation and/ or lack of evidence and recommend the trials that need to be transferred or fresh trial conducted outside Kandhamal.