Kandhamal: Introspection of Initiative for Justice 2007-2015

Justice has eluded the victims and their families, nine years after the anti-Christian violence in the Kandhamal district of the state of Odisha in India. There exists a clear and visible pattern of impunity and injustice seen in the aftermath of the Kandhamal violence, which conforms to the pattern in past instances of communal violence, such as Nellie massacre of Muslims (1983), anti-Sikh pogrom in Delhi (1984), anti-Muslim attacks in Mumbai (1992-93), Gujarat (2002) and Muzaffarnagar in western Uttar Pradesh (2013). What factors contributed to the State's deliberate failure of its constitutional obligations to respect, protect and fulfill the victims' rights? Why and how did justice mechanisms fail in meeting the legitimate expectations of victims for reparative justice and closure? What led to an inability to hold public officials accountable in law, for their acts of commission and omission? What caused the justice deficit and how can it be addressed? This book critically examines these issues, and introspects the pursuit of justice for Kandhamal violence since 2007-08. CONTENTS List of Abbreviations Acknowledgements Author's Note INTRODUCTION A.Context B.Nature & Salient Features of the Violence C.Justice Initiatives for Kandhamal Violence: A Mapping CI. Commissions of Inquiry C2. Fast Track Courts C3. Redress from the Higher Judiciary C4. National Human Rights Institutions C5. National People's Tribunal on Kandhamal D.Rationale of this Study E.Methodology Adopted El. Information from Primary Sources E2. Documents Relied Upon E Challenges & limitations chapter i - commissions of inquiry. A Commissions of Inquiry in the Context of the Kandhamal Violence Al. The Panigrahi Commission of Inquiry A2.Justice Mahapatxa/ Naidu Commission of Inquiry B. Commissions of Inquiry: The Law & Practice B1. The Legal Framework B2. Rationale & Purpose B3. Distinction between Commissions of Inquiry & Courts B4. Limitations of Commissions of Inquiry B5. Way Forward chapter ii - response of national...... human rights institutions A. National Commission for Minorities Al. Cause & Nature of the Violence A2. Presence of Planning & Preparation A3. Culpability of Sangh Parivar Organizations A4. Dereliction of Duties by the State A5. Performance of the Criminal Justice System A6. Selective Targeting of NGOs A7. Relief & Rehabilitation A8. Preventive and Restorative Steps Recommended B. The National Human Rights Commission B1. Positive Aspects B2. Ethnic Violence & Religious Conversions - Echoing theGovernment Stance B3. Clean Chit to State Agencies... Almost! B4. Soft-Peddling Heinous Crimes & Accountability for the Same B5. Confusions, Contradictions and Inconsistencies C. Conclusion chapter iii - reparative justice: an unfulfilled right compensation, restitution and rehabilitation in kandhamal A. Condition of Victims B. Writ Petitions before the Supreme Court C. International Human Rights Law D. Judicial Decisions in Mass Crimes E. Compensation for Loss of Life and Bodily Harm El. Quantum of Compensation E2. Accurate estimation of the number of people killed in the violence. E3. Compensation for Injury E4. Comparative Overview of Quantum of Compensation F. Compensation for Loss of Property Fl. Assessment of damages incurred to property F2. Conditional compensation upon foregoing the right to return G. Relief Camps H. Charitable Religious Organisations and other NGO's Restrained from Engaging in Relief Work from the Government I. Resettlement and Rehabilitation of Livelihood J. Right to Education K. Restitution of Churches and other Religious Properties L. Peace Committees — encouraging harmony or engineering coercion M. Contra-allegations: Intervention filed by KuiSanskruthik Parishad N. Conclusion chapter iv - criminal justice system A. Introduction A1. Threat to Life and Property of Christian Community B. Fast Track Courts and Access to Justice C. First Information Report C.l Non registration of FIR C.2 Flawed FIR's C.3 Dilution of offences D. Defective Investigation E. Trial E.l Delay in Lodging FIR E.2 Failure to Name Accused in FIR F. Witnesses F.1 Hostile Witnesses F.2 Police Witnesses turn Hostile F.3. Related Witnesses: Independent or Interested Wimesses G. Appreciation of Evidence G.l Acquittal in a Cases of Circumstantial Evidence and Compromised Investigation G.2 Destruction of Evidence I Procedural and Evidentiary Standards in the Context of Communal Violence J. Sentencing K. An Unsual Conviction: the Conviction of Manoj Pradhan (former BJP-MLA) L.Rape and Other Sexual Offences M. Rape and Other Sexual Offences in the Context of the Kandhamal Violence M.l. An Overview M.2. Specific Incidents & Responses of the Criminal Justice System N. The Use of Rape as a Weapon in Contexts of Communal Violence O. Reparative Justice for Sexual Offence P. Recent Law Reform Initiatives CHAPTER V - PROTECTION OF WITNESSES FROM THREAT & INTIMIDATON A. Witness Protection in the Context of the Kandhamal Violence Al. Threatening of Witnesses A2. Abductions of Witnesses A3. Hostile Atmosphere in Court A4. Role of State Agencies A5. Efforts Taken by Civil Society Groups ¦