It’s not only Westpac. What’s behind the biggest fine in Australian corporate history



Marlon Trottmann/Shutterstock

Thomas Clarke, University of Technology Sydney

Westpac is to pay A$1.3 billion, by far Australia’s biggest-ever corporate fine for breaches of the Anti-Money Laundering and Counter-Terrorism Financing Act.

The 93-page statement of agreed facts and admissions prepared by Westpac and the Australian Transaction Reports and Analysis Centre (AUSTRAC) says Westpac contravened the Act more than 23 million times exposing Australia’s financial system to criminal exploitation.

It failed to pass on information to authorities about the origin of international funds transfers, and failed to pass on information to other banks in the transfer chain who needed to manage their own money laundering and terrorism financing risks.

“Westpac failed to identify activity potentially indicative of child exploitation risks by failing to implement appropriate transaction monitoring detection scenarios,” the agreed statement says.

“Three of the customers the subject of these proceedings had prior convictions relating to child exploitation offences.”

“One of these customers has been arrested in relation to further child exploitation offences since the commencement of these proceedings.


Westpac and AUSTRAC, Agreed Statement of Facts and Admissions

In reaching the agreement, Westpac also admitted to 76,000 additional contraventions relating to information that came to light after AUSTRAC launched proceedings last year, some which also relate to “failures to reasonably monitor customers for transactions related to possible child exploitation”.

The action triggered the departures of Westpac chief executive Brian Hartzer and chairman Lindsay Maxsted late last year.




Read more:
How Westpac is alleged to have broken anti-money laundering laws 23 million times


The A$1.3 billion fine dwarfs the Commonwealth Bank’s A$700 million settlement with AUSTRAC for serious breaches of anti-money laundering and counter-terrorism financing laws in 2018.

The Westpac debacle is far from an isolated instance of international banks demonstrating indifference to their potential involvement in organised crime.

Documents released by the International Consortium of Investigative Journalists on Monday show that major banks around the world conducted US$2 trillion of suspicious transactions in the eight years between 1999-2017.

Australian banks on the international stage

Of a limited sample of transactions assessed, Australian banks received US$3.8 million of suspicious funds and sent out $167.9 million.


International Consortium of Investigative Journalists interactive

The Macquarie Bank was responsible for US$122.1 million of the US$167.9 million, the Commonwealth Bank for US$42.1 million.

The reports relating to Australian banks were filed by the US banks which dealt with them.

The Australian banks themselves might have also filed their own reports.

There’s little to suggest much was done about the reports by US banks at the time, either by the banks themselves or by the regulators they filed them to.

Indeed, the long timespan suggests the banks not only didn’t close suspicious accounts (which might have alerted account holders to suspicions) but also continued to open new ones.

The crime that makes other crimes possible

BuzzFeed, which obtained the documents, said money laundering was a crime that made other crimes possible, and had itself become an integral part of the financial system.

The networks through which dirty money traverse the world have become vital arteries of the global economy. They enable a shadow financial system so wide-ranging and so unchecked that it has become inextricable from what is regarded as the legitimate economy. Banks with household names have helped to make it so.

Certainly after the 2019 report of the banking royal commission it is reasonable to expect Australian banks to do more.

Commissioner Hayne held banks to higher standard than merely abiding by the law. He referred to “the kind of behaviour the community not only expects of financial services entities but is also entitled to expect of them”.




Read more:
Westpac’s scandal highlights a system failing to deter corporate wrongdoing


This week’s shocking evidence suggests there’s work to do.

From the wreckage of the global financial crisis the G20 Financial Stability Board erected a new regulatory order requiring banks to have adequate capital.

To this was added a Task Force on Climate Related Financial Disclosures.

It’s time for a third set of reforms, to ensure the financial system doesn’t serve as a conduit for serious crimes.The Conversation

Thomas Clarke, Professor, UTS Business, University of Technology Sydney

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Commonwealth Bank’s $700 million fine will end up punishing its customers


Sandeep Gopalan, Deakin University

The Commonwealth Bank of Australia (CBA) this week agreed to pay a record penalty to settle its violations of anti-money laundering and counter-terrorism financing laws. The A$700 million fine plus legal costs will become final upon the approval of the Federal Court.

The deal was met with market approval, and has allowed regulators to claim victory. Given the public’s current hostility to banks in the wake of revelations from the Banking Royal Commission, politicians also joined the bandwagon and applauded CBA’s loss.

What if the penalty is a sign of mob justice, rather than just deserts? And given the scale of the payout, will the fine also end up further punishing customers and shareholders?




Read more:
After damning the Commonwealth Bank’s management, regulators want the bank to fix itself


Answering these questions requires a close look at the case. CBA was alleged to have violated the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, in several specific ways.

First, it introduced Intelligent Deposit Machines (IDMs) without conducting an independent risk assessment and/or instituting mitigation procedures to tackle money-laundering. Unlike older ATMs, IDMs process cash deposits and make the funds available for transfer immediately. Clearly, criminals could use these features to launder cash gained through crime. CBA wrongly believed that its existing ATM monitoring processes covered these risks.

Second, it was warned about these risks and could have minimised money laundering by imposing daily limits on accounts. CBA refused.

Third, CBA failed to provide transaction reports within 10 business days for cash deposits greater than A$10,000. This violation referred to 53,506 transactions totalling about A$625 million. The failure was due to a coding error – the software was not updated to pick up a new code created for IDM deposits.

Fourth, CBA failed to report transactions with a pattern of money-laundering – apparently misunderstanding its legal obligations.

Fifth, CBA failed to report suspicions about identity fraud – for example, in relation to eight money-laundering syndicates. Therefore, AUSTRAC and law enforcement were unaware of “several million dollars of proceeds of crime mostly connected with drug importation and distribution” that passed into accounts held by CBA.

Sixth, CBA was deficient in monitoring accounts despite warnings from law enforcement – 778,370 accounts were not monitored. CBA was slow to act even after suspicious accounts were terminated, facilitating money-laundering.

Clearly these are significant violations. However, the statement of facts agreed by AUSTRAC and CBA state that the bank did not deliberately or intentionally violate its legal obligations under the relevant laws.

Considering that CBA’s violations were inadvertent, due to technical glitches, and attributable to a mistaken belief about existing systems satisfying legal obligations, the A$700 million fine might be excessive.

International comparisons

By international standards, the fine seems to be very high. This week the UK Financial Conduct Authority fined the British division of India’s Canara Bank £896,100 (A$1.58 million) for “consistent failure” in its money-laundering controls, and for failings “affecting almost all aspects of its business”.

The FCA said the bank’s failings “potentially undermine the integrity of the UK financial system by significantly increasing the risk that Canara could be used for the purposes of domestic and international money laundering, terrorist financing and those seeking to evade taxation or the implementation of sanction requirements”.

In the United States, the Justice Department fined US Bancorp US$528 million (A$694 million) for criminal violations of money-laundering laws and for concealing its behaviour from regulators.

CBA’s fine is far higher than Canara’s punishment for similar violations, and roughly on a par with the sanction meted out to US Bancorp – albeit the latter was for more serious criminal wrongdoing. It is also comparable to the US$665 million (A$874 million) penalty imposed on HSBC (plus US$1.26 billion in sacrificed profits). Unlike CBA, HSBC was punished for “willfully failing” to maintain proper money-laundering controls.

Yet the proceeds from HSBC’s violations stretching back to the 1990s were staggering: at least US$881 million in laundered drug money; a failure to monitor more than US$670 billion in wire transfers and over US$9.4 billion in purchases of physical US dollars from HSBC Mexico; some US$660 million in sanctions-prohibited transactions; and evidence of deliberate sanctions violations by processing transactions to parties in Iran, Cuba, Burma, Sudan, and Libya.

A fair punishment?

The size of CBA’s penalty seems to be more in line with banks that have deliberately flouted money-laundering laws, rather than the smaller punishments handed to banks that did so unintentionally. It is tempting to conclude that this is influenced by the current prevailing mood to “send a message” to financial institutions.

What’s more, we cannot necessarily assume that the fine will act as a deterrent. The penalty is not paid by the CBA staff who acted wrongly; it is paid by the bank, ultimately by the shareholders.

Similarly, the cost of managing enhanced scrutiny and investing in additional compliance machinery will be passed on to customers in the form of higher charges and fees. Likewise, if banks become excessively cautious because of apprehensions about overenforcement, that will impact services and reduce profitability – again harming innocent people.




Read more:
CBA’s board needs to take ultimate responsibility for the bank’s failings


The punishment must always fit the crime. Excessive punishment is counterproductive and creates additional victims.

If the purpose was really to tackle wrongdoing, the CBA staff who were responsible for the violations should have been identified and penalised.

The ConversationThe A$700 million fine is good for political posturing but will hurt customers and shareholders the most. Bank-bashing has a cost, and it is paid by ordinary people, not politicians.

Sandeep Gopalan, Pro Vice-Chancellor (Academic Innovation) & Professor of Law, Deakin University

This article was originally published on The Conversation. Read the original article.

Detained Pakistani Christian Released – But Two Others Held


Christian falsely accused of ‘blasphemy’ taken into custody, released – and detained again.

LAHORE, Pakistan, April 18 (CDN) — A Christian illegally detained in Faisalabad on false blasphemy charges was freed last night, while two other Christians in Gujranwala arrested on similar charges on Friday (April 15) were also released – until pressure from irate mullahs led police to detain them anew, sources said.

Masih and his family have relocated to a safe area, but just 10 days after he was falsely accused of desecrating the Quran in Faisalabad district of Punjab Province on April 5, in Gujranwala Mushtaq Gill and his son Farrukh Mushtaq were taken into “protective custody” on charges that the younger man had desecrated Islam’s holy book and blasphemed the religion’s prophet, Muhammad. A police official told Compass the charges were false.

Gill, an administrative employee of the Christian Technical Training Centre (CTTC) in Gujranwala in his late 60s, was resting when a Muslim mob gathered outside his home in Aziz Colony, Jinnah Road, Gujranwala, and began shouting slogans against the family. They accused his son, a business graduate working in the National Bank of Pakistan as a welfare officer and father of a little girl, of desecrating the Quran and blaspheming Muhammad.

The purported evidence against Farrukh were some burnt pages of the Quran and a handwritten note, allegedly in Farrukh’s handwriting, claiming that he had desecrated Islam’s holy book and used derogatory language against Muhammad. A Muslim youth allegedly found the pages and note outside the Gills’ residence.

Inspector Muhammad Nadeem Maalik, station house officer of the Jinnah Road police station, admitted that the charges against the accused were baseless.

“The initial investigation of the incident shows Mr. Gill and his son Farrukh are innocent,” he told Compass.

The two were kept at a safe-house, instead of the police station, out of fear that Islamist extremists might attack them; their subsequent release led to Islamic protests that compelled police to detain them anew today, sources said.

Despite police admitting that the two Christians were not guilty, a First Information Report (No. 171/2011) was registered against them under Sections 295-B and C in Jinnah Road Police Station early on Saturday (April 16).

“Yes, we have registered an FIR of the incident, yet we have sealed it until the completion of the investigation,” Inspector Maalik said, adding that the police had yet to formally arrest Gill and his son. “We registered the FIR for their own safety, otherwise the mob would have become extremely violent and things could have gone out of control.”

The police official said that after the Muslim youth made the accusation, he gathered area Muslims together.

“It seems to be a well thought-out scheme, because the perpetrators chose the time of the Friday prayers for carrying out their plan,” Maalik said. “They were sure that this news would spread quickly, and within no time people would come out of the mosques and react to the situation.”

He added that police were now inquiring of the Gills why they might suspect anyone of wanting to harm them.

“We are also looking for any signs of jealousy or old enmity,” Maalik said.

Soon after the Muslim youth found the alleged pages, announcements blared from the area’s mosques informing Muslims about the incident and asking them to gather at the “crime scene,” sources said.

There are about 300 Christian families residing in Aziz Colony, and news of the alleged desecration spread like jungle fire. Announcements from mosques sparked fear in the already shaken Christian families, and they started packing their things to leave the area, fearing the kind of carnage that ravaged Gojra on Aug. 1, 2009, killing at least seven Christians.

“It’s true…the news of the accusations against Gill and his son and the announcements being made from the mosque calling on Muslims to avenge the desecration sent shivers down our spines,” said Pastor Philip Dutt, who has known the Gill family for several years and lives in the same neighborhood. “The charges are completely baseless. I’m sure no person in his right frame of mind would even think of committing such a vile act. Someone has clearly conspired against the Gill family.”

He added that most of the area’s Christians had left their homes overnight, fearing an attack by Muslims.

Dutt said that a large police contingent arrived in time and took Gill and his son into custody after assuring the enraged mob that a case under the blasphemy laws would be registered against the two men. Police remained stationed in the area to provide protection to area Christians, but the atmosphere was tense.

According to some reports, a group of angry Muslims wanted to torch Gill’s house, but timely police intervention thwarted their plan.

At the same time, a group of Muslim extremists stormed into the house of Anwar Masih, a Christian factory owner in Aziz Colony, and started beating him and his son, sources said. The family managed to save themselves by calling the police and now they too are in “protective custody.”

The Rev. Arif Siraj, moderator of the Presbyterian Church of Pakistan, which also oversees the functioning of the Christian Technical Training Centre in Gujranwala, said the accusations against Farrukh were yet another example of how the country’s blasphemy laws are misused against innocent people.

“We have been engaged with the police and local Muslim leaders throughout the day to resolve this issue amicably,” Siraj said. “An eight-member committee comprising six Muslims and two Christian pastors has been formed to probe the incident, and they will make a report on Friday.”

The names of the Christians of the eight-member committee are Pastor Sharif Alam of Presbyterian Church Ghakarmandi and the Rev. Joseph Julius.

A large number of Muslims, including members of religious parties and banned outfits, came out to the roads of Gujranwala on Saturday (April 16) to protest the alleged desecration of the Quran and pressure police to take action against Gill and his son. The protestors reportedly gelled into one large demonstration on Church Road and headed towards the CTTC. Siraj said that some participants threw stones at a church on the road, but that Muslim elders immediately halted the stone-throwing.

“The district administration and Muslim leaders have now assured us that no one will target Christian churches and institutions,” he said, adding that both communities were now waiting for the committee’s report.

Sohail Johnson of Sharing Life Ministry expressed concern over the accusations.

“This case is a classic example of how Christians and Muslims continue to be charged with blasphemy on false accusations,” he said. “Isn’t it ridiculous that the accuser is claiming that Farrukh has confessed to burning the Quran in his note and thrown the burnt pages in front of his house – what sane person would even think of saying anything against prophet Muhammad in a country where passions run so deep?”

Arif Masih, the falsely accused Christian released last night, has reportedly been relocated along with this family to a safe location.

The original blasphemy law, introduced in British India in 1860, imposed a prison term of up to two years for any damage to a place of worship or sacred object carried out “with the intention of thereby insulting the religion of any class of persons or with the knowledge that any class of persons is likely to consider such destruction, damage or defilement as an insult to their religion…”

The current provision in the Pakistan Penal Code, as amended in 1986, introduces both the death penalty for insulting Muhammad and drops the concept of intent. According to Section 295-C of the Penal Code, “Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, or imprisonment for life and shall also
be liable to fine.”

The laws have drawn condemnation across the world, and two senior government officials – Punjab Gov. Salman Taseer, a liberal Muslim, and Federal Minister for Minorities Shahbaz Bhatti, a Christian, have been assassinated this year for demanding a review of the legislation.

Report from Compass Direct News
http://www.compassdirect.org

Pakistani Officials Back Muslim Land-Grabbers, Christians Say


Senior district authorities accused of supporting desecration of 150 Christian graves.

LAHORE, Pakistan, March 9 (CDN) — Christians in south Punjab Province are accusing senior district officials of supporting local Muslims who allegedly demolished 150 Christian graves and desecrated holy relics – and are now threatening Christians seeking legal redress.

In the Kot Addu area of Muzaffargarh district, Waseem Shakir told Compass by telephone that an influential Muslim group last Nov. 6 took illegal possession of a 1,210-square yard piece of land designated as a Christian cemetery and set up shops on it. Official records state that the portion of land was allotted as a Christian cemetery, he said.

“Local Muslims demolished 150 Christians’ graves and desecrated the cross and biblical inscriptions on the graves in a bid to construct shops on the property,” said Shakir, a resident of Chak (Village) 518, Peer Jaggi Morr, Kot Addu. “Only five marlas [151.25 square yards] are all that is left for the Christians to bury their dead now.”

Shakir said that all Muzaffargarh area authorities, including the local politicians, were supporting the alleged land-grabbers even as Christians feared a mob attack.

“The situation has come to point where even the local police have warned their higher-ups that the tension could provoke a Gojra-type incident,” he said, adding that Muslim instigators were now openly trying to intimidate him and Boota Masih, who registered a case with police, into dropping the matter.

In Gojra on Aug. 1, 2009, Muslim hordes acting on an unsubstantiated rumor of blasphemy of the Quran – and whipped into a frenzy by local imams and banned terrorist groups – killed at least seven Christians, looted more than 100 houses and set fire to 50 of them. At least 19 people were injured in the melee.

Shakir said Christians had approached police and the district administration to register a case against the Muslims for desecrating their sacred relics and hurting religious sentiments, but authorities have shown little attention to their grievance. Masih registered the complaint on behalf of area Christians, but the station house officer of the Daira Deen Panah Police, Waseem Leghari, altered it to state that Muslims had only occupied a piece of the cemetery land, Shakir said.

“Leghari registered a case against the Muslims under Section 297 of the Pakistan Penal Code [trespass of a place for the dead], which is a bailable offense, despite the fact that a case under the blasphemy law should have been registered against the Muslims for desecrating the Christian holy relics,” Shakir said.

Police took no measures to arrest the 11 named suspects, he added.

“No one seems bothered over the desecration of our cross and biblical inscriptions,” Shakir said.

Section 297 of the penal code states, “Whoever, with the intention of wounding the feelings of any person, or of insulting the religion of any person, or with the knowledge that the feelings of any person are likely to be wounded, or that the religion of any person is likely to be insulted thereby, commits any trespass in any place of worship or on any place of sculpture, or any place set apart for the performance of funeral rites or as a depository for the remains of the dead, or offers any indignity to any human corpse or causes disturbance to any persons assembled for the performance of funeral ceremonies, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both.”

Shakir said that, besides the 150 demolished graves, the illegal occupants had thrown garbage on another 50 graves. The police’s indifferent attitude towards the Christian community had been hurtful, he said, and Christians had repeatedly taken up the issue with District Police Officer (DPO) Chaudhry Manzoor and District Coordination Officer Tahir Khurshid.

They did not take the issue seriously, Shakir said.

DPO Manzoor rejected the Christians’ accusations.

“It’s not as serious a case as they are portraying,” he told Compass. “The people who have built shops on the land are not illegal occupants but the real owners.”

He said Christians were furious because the shopkeepers put some of their belongings on the graves.

“No one has desecrated any Christian holy symbol, book or grave,” he said. “Any fears that the issue could lead to another Gojra are baseless.”

Manzoor said the matter would be resolved amicably.

Napolean Qayyum, leader of the Minorities Wing of the ruling Pakistan People’s Party (PPP), told Compass that open desecration of the Christian symbols and places and the police’s alleged support of the culprits showed the prejudice of the Punjab government towards minority groups.

“An application regarding this incident is lying in the Punjab chief minister’s secretariat, but it seems the Pakistan Muslim League-Nawaz’s [PML-N] government in Punjab wants another Gojra-like incident to take place in Kot Addu,” he said, adding that it was curious that all major violence against Christians usually takes place when the PML-N is in power in the province.

Qayyum said that he had taken up the matter with the PPP leadership.

“It’s a case of blasphemy, and the culprits should have been rounded up under Section 295-A,” he said. “I have contacted Farahnaz Ispahani, the political adviser to President Asif Zardari, and she has assured me of the federal government’s support in this matter.”

He added that stern action against local police and administrative authorities was necessary to set an example for others.

Report from Compass Direct News

Recent Incidents of Persecution


Madhya Pradesh, India, December 31 (CDN) — Hindu nationalists on Dec. 26 beat a Christian distributing gospel tracts in Damoh Naka at Jabalpur. The Global Council of Indian Christians (GCIC) reported that at about 3 p.m. Devanand Dandale was distributing literature when Hindu extremists from the Bajrang Dal and Dharam Sena grabbed him, seized his mobile phone and money and phoned other extremists to come. A GCIC coordinator told Compass that for nearly two hours the extremists repeatedly slapped and kicked Dandale, pulled his hair and mocked him, finally forcing him to the Kotwali police station. En route, they falsely told news reporters that Dandale was a convert who was forcing others to convert. On advice of police, Dandale filed a complaint against Amit Tiwari, Sunil Sonkar, Ambasingh Thakur, Surendra Jain and Babu Tiwari, after which he was sent home at 9 p.m. At press time Dandale was receiving medical treatment for swollen legs and severe pain.

 

Andhra Pradesh – On Dec. 20 in Hi- City, Hyderabad, about 100 Hindu extremists attacked Pastor T.R. Raju, warning him to vacate the area. The previous day Pastor Raju had led a Christmas celebration with a convert from Hinduism, an actor identified only as Surya, as a quest speaker, reported the All India Christian Council (AICC). Surya had mentioned the blessing of having Christ as God and did not criticize other faiths, according to the AICC. Afterward, however, four people came and argued with the pastor and verbally abused him. The next day, about 100 Hindu hardliners gathered at the pastor’s house, verbally abused him and beat him, according to the AICC. Surya also showed up and pleaded with the furious mob to stop, and police arrived as the attackers scattered. The extremists continued to threaten the pastor to leave the area or face harm. They also threatened the pastor’s landlord, who subsequently gave notice to the pastor to vacate the house in 10 days.

 

Maharashtra – Carol singers on Dec. 18 were beaten at 10:15 p.m. in Worli Koliwada, Mumbai, reported national daily the Times of India (TOI). Joseph Dias of the Catholic Secular Forum reportedly said 25 members of the New Life Church youth group were singing carols when Dhananjay Desai of the Hindu extremist Hindu Rashtra Sena began mocking them, saying they were paid to sing. Desai then phoned other Hindu extremists, who rushed to the spot in three cars and charged into the youth group, beating two of them, Ganesh Gadam and Joel Metrin. The TOI reported that the extremists forced the victims into their cars and took them to a police station. Dias told Compass that police issued a warning to the assailants, who threatened the Christians with harm if they persisted in holding public Christian activities.

 

Karnataka – Hindu extremists from the Rashtriya Sawaymsevak Sangh on Dec. 17 attacked a Christian and accused him of “large-scale conversion” in Shimoga. The All India Christian Council (AICC) reported that about 15 Hindu extremists gathered at the house of S. Prakash, manager of the Dalit Education Centre, and accused him of using the school as a cover for the alleged conversions. The extremists beat Prakash, leaving him with several internal injuries, and threatened further harm if he did not close down the school. They also cut down trees at the school and destroyed its signboard. Prakash filed a complaint with local police. Village officials are supportive of the work by the school, reported the AICC. A police investigation was ongoing at press time.

 

Madhya Pradesh – On Dec. 9 in Satna, police arrested Pastor V.A. Anthony and booked him under the state anti-conversion act. The arrests was made in connection with an incident that took place earlier this year when the pastor conducted a Christian funeral at the request of the parents of the diseased, reported the All India Christian Council (AICC). An activist with the Hindu nationalist Bharatiya Janata Party, Lakshimi Yadav, learned of the funeral and filed a case against Antony. Police investigated the case but found no wrongdoing by the pastor. In early September, Hindu extremists from the Sangh Parivar forced local newspapers to publish biased reports about the funeral and complained to the inspector general of police that the pastor had forcibly converted the parents of the deceased, identified only as Rajesh. The Hindu extremists threatened the pastor on Sept. 12.

 

Karnataka – Hindu nationalists from the Bajrang Dal on Dec. 8 disrupted a prayer meeting, falsely accused Christians of forcible conversion and seriously injured two of them in Gonilkoppa. The Global Council of Indian Christians (GCIC) reported that at about 8 p.m. the Shakina Full Gospel Church was worshiping when 10 extremists led by Hindus identified only as Manu, Devaraj and Manju stormed in. A GCIC coordinator told Compass that Christians identified only as Raju, Kaliamma, Rajukamma, Belli, Lovaliamma and Viji were verbally abused and dragged to the Gonilkoppa police station, where the extremists pressured police to arrest them. The Evangelical Fellowship of India reported that officers released the Christians without charges but strictly warned them, for security purposes, not to conduct future worship meetings at their homes. Belli and Viji, who bled profusely from the attack, received medical treatment at the Gonilkoppa Government Hospital. “Police, however, did not take action against the extremists for attacking the Christians,” a GCIC coordinator noted.

 

Madhya Pradesh – Armed men on Dec. 6 attacked the Rev. Thomas Chirattavalli in Satna. The suspected Hindu extremists hit the priest’s head when he opened the door of the parish house, then they chased and beat him. The parish driver, cook and another staff member heard the disturbance and tried to come out, but the assailants had locked the doors from outside. The priest sustained two deep wounds on the head, as well as injuries on other parts of his body. He filed a First Information Report at Burgama in Singrauli district.

 

Karnataka – Shimoga police on Dec. 5 forced the closure of a house church at Rippon Pete, Shimoga district. The Global Council of Indian Christians reported that on Dec. 3 Pastor Sebastian Babu was falsely accused of forced conversion by area Hindu extremists who threatened to harm him if he continued church services. On Dec. 5, as Sunday worship was going on in Rippon Pete, police arrived after the extremists complained of “conversion activities.” Officers took Pastor Babu into custody and warned him against conducting worship, adding that he had to report to the police station the next day with the landlord of this rented house. A GCIC coordinator told Compass that Pastor Babu and his landlord went to the police station on Dec. 6, where officers learned that the landlord had no objection to the house church. Nevertheless, they advised him against conducting Christian worship “as a security measure.”

 

Karnataka – Hindu extremists on Dec. 5 pressured the Slum Board administrative committee in Kengeri, Bangalore to demolish the Gypsy Prayer Church building. The Global Council of Indian Christians reported that the extremists barged into the prayer hall and disrupted a service led by a pastor identified only as Rajesh. They filed a complaint with the Slum Board committee against the Christians and persuaded it to order that the church building be demolished.

 

Karnataka – Police on Dec. 2 arrested a pastor on charges of attempted forcible conversion in Udayanagar, near Mahadevapura. The Global Council of Indian Christians (GCIC) reported that a pastor identified only as Johnson and a senior church member identified only as George were invited for a prayer service at the home of a Christian. Johnson, 26, of Kerala, was staying at the Evergreen School at Udayanagar near Mahadevapura. While they were praying at about 11 a.m., nearly 25 Hindu nationalists from the Bajrang Dal stormed the house, dragged Johnson outside and continued hitting and kicking him while falsely accusing him of forced conversion. A GCIC coordinator told Compass that the extremists forcibly took them to the Mahadevapura police station, where officers filed charges. At press time, the pastor was still in jail.

 

Kerala – Hindu extremists on Dec. 2 attacked a nun who is a college student in Ernakulam. The All India Christian Council reported that Sister Ann Matthews was attacked by a group of men inside Ernakulam South Railway Station and had to be treated for her injuries at Medical Trust Hospital. Matthews said she was targeted because she was a nun. Police have registered a complaint, but no arrests had been made at press time.

 

Karnataka – Police arrested a pastor on Dec. 2 after Hindu extremists beat him and accused him of forceful conversion in Udayanagar, near Bangalore. The Global Council of Indian Christians reported that Hindu extremists stopped the pastor, identified only as Johnson, as he was returning home after a prayer meeting. They accused him of forcefully converting Hindus to Christianity, beat him and dragged him to Mahadevapura police. The assault continued in front of police. Later Pastor Johnson was arrested under Section 295 of the Indian Penal Code for damaging a place of worship with intent to insult the religion of any class. A judge sent the pastor to Bangalore Central Jail, but he was released on bail the next day.

 

West Bengal – Radical Muslims in Natungram, Murshidabad have forbidden a woman who converted to Christianity from Islam to buy or sell if continues in her new faith, a source told Compass. The past few months the Muslims had ordered Chanda Babi and her family, who became Christians in February, not to attend church services and told them not associate with any neighbors. As Babi and her family continued to follow Christ, the Muslim radicals on Nov. 28 ordered villagers not to buy from her family’s milk business, and they ordered shopkeepers not to sell to her, the source said. They further warned that they would impose a large fine if her family continues to believe in Christ.

 

Uttarakhand – Police on Nov. 9 detained three Christians from the Indian Pentecostal Assemblies on false charges of forceful conversion in Ravli Mehdud, Haridwar. The Evangelical Fellowship of India reported that police officers stormed into the prayer meeting and took Pastor Manoj Kumar and two church members into custody. Officers verbally abused the Christians, uttered derogatory remarks against Jesus Christ and the Christian community and threatened to harm Pastor Kumar. The Christians were released without charges after the intervention of area Christian leaders.

Report from Compass Direct News

Orissa, India Christians Still Face Boycott, Forced Conversion


Hindu nationalists continue to oppress Christians in Kandhamal district, report says.

NEW DELHI, November 11 (CDN) — More than two years after losing relatives and property in anti-Christian violence, there is no sense of relief among survivors in India’s Orissa state, as many are still ostracized and pressured to “return” to Hinduism, according to a private investigation.

“Despite the state administration’s claim of normalcy,” the preliminary report of a fact-finding team states, “a state of lawlessness and utter fear and sense of insecurity” prevails among Christians of Kandhamal district, which saw a major anti-Christian bloodbath in 2008.

The team, consisting of local attorney Nicholas Barla and another identified only as Brother Marcus, along with rights activists Jugal Kishore Ranjit and Ajay Kumar Singh, visited four villages in three blocks of Kandhamal on Nov. 5.

In Bodimunda village in Tikabali, the team met a pastor who said he has been closely watched since Hindu extremists forced him to become a Hindu. The pastor, whose name the report withheld for security reasons, said he had to convert to Hinduism in 2008 “to save his old mother, who could not have escaped the violence as she was not in a position to walk.”

He is still closely watched in an effort to prevent him from returning to Christianity. While the attorneys and activists were still at the pastor’s house, a man who identified himself as from the Rashtriya Swayamsevak Sangh (RSS, India’s most influential Hindu nationalist conglomerate) came to inquire about his visitors. The pastor felt compelled to tell them that they were “bank officials.”

In the same village, Hindu nationalists have also imposed a de facto ban on any private or public vehicle to ferry Christians or their belongings, said the report.

The team met the family of a paralyzed Christian, Bamadev Pradhan, whom auto-rickshaw drivers refused to take to a hospital when he recently ran a high fever. Eventually a Christian driver took him to the only hospital in Tikabali, around eight kilometers (nearly five miles) from his village of Bodimunda, but as the Christian was driving back, some local men confiscated his vehicle.

With the help of the auto-rickshaw union, the driver (unnamed in the report) got the vehicle released after paying a fine of 1,051 (US$24) rupees and promising that he would not transport any Christians in the future.

Another Christian said area Hindus extremists prohibited Christians from procuring basic necessities.

“We are not allowed to bring housing materials or food provisions or medicines, and nor are we allowed to buy anything from local shops,” he said. “We do not have any shop of our own. Here, we are struggling to live as human beings.”

The team also met a Hindu who had to pay 5,000 rupees (US$112) to get his tractor returned to him, as he had transported housing material for the construction of the house of a Christian.

In the house of a Christian in Keredi village in Phulbani Block, the team found a picture of a Hindu god. The resident, who was not identified in the report, explained that he had to display it in order to protect his family from harm.

The team found pictures of Hindu gods also in the house of a Christian in Gandapadar village in the Minia area, Phiringia Block. A woman in the house told the team that local Hindu nationalists had given her pictures of Hindu gods for worship.

“We have kept them, as they often come to check whether we have reconverted to Christianity,” she said.

Almost all Christians the team met complained that the local administration had done little to protect them and suspected that officials colluded with area Hindu nationalists.

Released on Nov. 8, the report asserts that Christians have been barred from taking water from a government well in Dakanaju village, under G. Udayagiri police jurisdiction in Tikabali Block. The village head, Sachindra Pradhan, has promised to take action “at the earliest,” it added.

Violence in Kandhamal and some other districts of Orissa state followed the assassination of Hindu nationalist leader Swami Laxmanananda Saraswati on Aug. 23, 2008. The rampage killed over 100 people and burned 4,640 houses, 252 churches and 13 educational institutions, according to estimates by human rights groups.

The spate of attacks began a day after Saraswati’s killing when Hindu nationalist groups blamed Christians for his murder, although Maoists (extreme Marxists) active in the district claimed responsibility for it.

John Dayal, a Christian activist in Delhi, told Compass that “the apparatus of 2008 remains undisturbed.” The Hindu nationalist Bharatiya Janata Party (BJP) was part of the ruling state alliance with the regional Biju Janata Dal (BJD) party at the time of the violence. Although the BJD broke up with the BJP in 2009, blaming it for the violence, the former cannot be excused, said Dayal.

“While the BJP is mainly to be blamed, Chief Minister Naveen Patnaik is not entirely innocent,” Dayal said. “Not  just that he allowed the BJP and RSS cadres to run amok when they were part of his government, turning a blind eye to their  very visible anti-Christian activities, but he was his own home [interior] minister and cannot really shirk command responsibility for the carnage together with his BJP ministerial colleagues and senior officers.”

Kandhamal district Magistrate Krishan Kumar, who was on a tour at press time, could not be contacted for comment despite repeated attempts.

Of the 648,201 people in Kandhamal district, 117,950 are Christian, mostly Dalit (formerly “untouchables” in the caste hierarchy in Hindu societies), according to the 2001 Census. Hindus, mainly tribal people and numbering 527,757, form the majority.

Report from Compass Direct News

Court in India Convicts Legislator in Second Murder Case


Manoj Pradhan arrested; three more cases pending against Hindu nationalist.

NEW DELHI, September 10 (CDN) — A Hindu nationalist legislator was arrested yesterday after a court pronounced him guilty of playing a major role in the murder of a Christian during anti-Christian carnage in Orissa state’s Kandhamal district in August 2008.

The Fast Track Court II in Kandhamal convicted Manoj Pradhan of the Hindu nationalist Bharatiya Janata Party (BJP) in the murder of a 30-year-old Christian, Bikram Nayak, who succumbed to head injuries two days after an attack by a mob in the Raikia area of Budedi village on Aug. 25, 2008.

Judge Chitta Ranjan Das sentenced Pradhan to six years of rigorous imprisonment for “culpable homicide not amounting to murder” under Section 304 of the Indian Penal Code and imposed a fine of 15,500 rupees (US$335) for setting houses ablaze.

Pradhan, who contested and won the April 2009 state assembly election from jail representing Kandhamal’s G. Udayagiri constituency, was not initially accused in the police complaint in Nayak’s murder, but his role emerged during the investigation, according to The Hindu.

One of the primary suspects in violence that followed the assassination of Hindu nationalist leader Swami Laxmanananda Saraswati on Aug. 23, 2008, Pradhan was initially arrested in Berhampur city in neighboring Ganjam district in December 2008. The violence began a day after Saraswati’s killing when Hindu nationalist groups blamed Christians for his murder, although Maoists (extreme Marxists) claimed responsibility for it.

In spite of this week’s conviction, the Orissa state unit of the BJP said the case against Pradhan was weak.

“The case is not strong,” Orissa BJP President Jual Oram told Compass by telephone. “Pradhan was merely present at the scene of crime.”

Pradhan was named in at least 12 police complaints concerning murder and arson. But after he won the election, he was released on bail.

This is the 36-year-old Pradhan’s second conviction. On June 29, Kandhamal’s Fast Track Court I sentenced him to seven years in jail in a case concerning the murder of another Christian, Parikhita Nayak, also from Budedi village, who was killed on Aug. 27, 2008. Though not convicted of murder, Pradhan was found guilty of rioting and causing grievous hurt in the Parikhita Nayak case.

The June 29 judgment led to his arrest, but the Orissa High Court granted him bail eight days later.

The BJP will challenge the convictions in a higher court, Oram said.

Last month Kanaka Rekha Nayak, widow of Parikhita Nayak, complained that despite the conviction of Pradhan and an accomplice, they were immediately given bail and continued to roam the area, often intimidating her.

Rekha Nayak was among 43 survivors who on Aug. 22-24 testified in Delhi before the National People’s Tribunal (NPT), a private hearing of victims of the Kandhamal violence organized by the National Solidarity Forum, a confederation of 60 non-profit groups and people’s movements.

Nayak said local politicians, including Pradhan, hit her husband with an axe. Her husband’s body was later chopped into pieces, she recalled as she sobbed during testimony at the tribunal, headed by Justice A.P. Shah, former chief justice of Delhi High Court.

The fast track courts set up especially to hear cases related to the anti-Christian violence have acquitted Pradhan in seven cases for lack of evidence. Three more cases are pending against him.

The state BJP’s Oram said Christians had created “hype” about the cases against Pradhan to “trouble us.” He added, “The state government is not doing anything to arrest and try the killers of the Swami.”

 

Testimony

The NPT tribunal asserted that between August and December 2008, about 2,000 people were “forced to repudiate their Christian faith.”

The tribunal cited government figures asserting that during the violence from August to December 2008, more than 600 villages were ransacked, 5,600 houses were looted and burned, 54,000 people were left homeless, and 38 people were murdered in Kandhamal alone. It also noted that human rights groups estimated that over 100 people were killed, including women, disabled and aged persons and children, and “an un-estimated number suffered severe physical injuries and mental trauma.”

While there were reports of four women being gang-raped, many more victims of sexual assault were believed to have been intimidated into silence, the tribunal concluded.

As many as 295 church buildings and other places of worship, big and small, were destroyed, and 13 schools, colleges, and offices of five non-profit organizations damaged, it said, adding that about 30,000 people were uprooted and living in relief camps, with many of them still displaced.

“More than 10,000 children had their education severely disrupted due to displacement and fear,” it reported. “Today, after two years, the situation has not improved, although the administration time and again claims it is peaceful and has returned to normalcy.”

The Christian community was deliberately targeted by Hindu nationalist groups such as the Rashtriya Swayamsevak Sangh, the Vishwa Hindu Parishad (World Hindu Council), the Bajrang Dal and the active members of Bharatiya Janata Party,” the tribunal concluded.

The jury also observed that cries against religious conversions were used as for political mobilization and “to incite horrific forms of violence and discrimination against the Christians” of Dalit (formerly “untouchables” according the caste hierarchy in Hinduism) origin.

“The object is to dominate them and ensure that they never rise above their low caste status and remain subservient to the upper castes,” it added.

The jury accused police of complicity, which “was not an aberration of a few individual police men, but evidence of an institutional bias against the targeted Christian community.”

“The jury is constrained to observe that public officials have colluded in the destruction of evidence, and there is testimony directly implicating the District Collector [the administrative head of a district] in this misdemeanor.”

The jury expressed concern over the lack of mechanisms to protect victims “who have dared to lodge complaints and witnesses who have courageously given evidence in court,” as they “are unable to return to their homes.”

“There is no guarantee of safe passage to and from the courts. They are living in other cities and villages, many of them in hiding, as they apprehend danger to their lives.”

It also noted mental trauma in children.

“There has been no trauma counselling for the affected children and adolescents in Kandhamal. Even today they have nightmares of running in the jungle, with the killers in pursuit, are scared of any loud sound and are afraid of people walking in groups or talking loudly.”

Bollywood lyricist Javed Akhtar, who was part of the tribunal, said that incidents such as the Kandhamal carnage against religious minorities continued to happen with “alarming frequency” in India.

“As citizens of this democracy, we should hang our heads in shame,” he said.

Report from Compass Direct News

Pakistani Court Acquits Christian Woman of ‘Blasphemy’


Authorities previously pressured her into false confession.

GUJRANWALA, Pakistan, August 12 (CDN) — Yesterday a court here exonerated a Christian woman of “blasphemy” charges after authorities had pressured her into making a false confession, according to the Centre for Legal Aid Assistance and Settlement (CLAAS).

Rubina Bibi arrived in Lahore yesterday after Additional District and Sessions Judge Mohammad Asghar Khan in Wazirabad district set her free in Gujranwala, Punjab, said CLAAS National Director Joseph Francis.

Residents of Alipur Chatta, Gujranwala district in Punjab Province accused her of blaspheming Muhammad on March 20. Police arrested her on March 21 under Section 295-C of Pakistan’s widely condemned “blasphemy” laws, accusing her of having spoken ill of Muhammad during a quarrel with a local resident. She was sent to Gujranwala district jail along with her 1.5-year-old son, Yashwa.

Punjab provincial legislator Tahir Naveed Chaudhary, Sargodha area head of the All Pakistan Minorities Alliance (APMA), said that on March 20 the mother of three had purchased some edible fats from a Muslim woman, Seema Bibi, but asked for a refund when she found they were impure.

Seema Bibi began threatening her and speaking derogatorily of Christ, Christians and Christianity, Chaudhary said. In her false confession on April 6, Rubina Bibi said under duress that she was not used to hearing such contempt about herself and her faith and responded by insulting Muhammad.

“Her statement of confession was under pressure, and we obtained her new statement in the presence of lawyers in which she said that she did no such thing,” Francis said.

After hearing evidence in two previous hearings, the judge ordered the investigating officer to appear in court yesterday. Bashir of CLAAS, which took up Rubina Bibi’s case on March 30, offered an extended argument from previous case law, and Khan acquitted her, Francis said.

“We are once again in need of your prayers for the safety of Rubina, her husband Amjad Masih and her three kids,” Francis said. “Though she is acquitted by the court of law, even then it will be very difficult for Rubina’s family to live at their home among the Muslim extremists – they will have to move to some safe place.”

Following the July 19 killing of two Christian men accused of blasphemy, the Rev. Rashid Emmanuel and his brother Sajid Emmanuel, outside a courthouse in Faisalabad, CLAAS has arranged high security for Rubina Bibi and her family, Francis said. She and her husband also have two daughters, 5-year-old Elena and 3-year-old Eliza.

Initially police in Alipur Chatta tried to keep rights groups from discovering the detention of Rubina Bibi, a Christian leader said. Alipur Chatta police denied that they had detained Rubina Bibi when Khalid Gill, Lahore regional coordinator of APMA, inquired about her, Gill told Compass.

Gill said a radical Muslim relative of the accuser, Sabir Munir Qadri, had turned the quarrel into a religious issue in which the Christian could be sentenced to death or life imprisonment with a large fine.

Pakistan’s blasphemy laws have gained international notoriety for their misuse by Muslims to settle personal grudges. Police initially told Compass that the First Information Report was sealed and no further information would be released to any person or news outlet. Inspector Asif Nadeem, station house officer of Alipur Chatta police, declined to speak to Compass in spite of repeated efforts to contact him.

The case comes on the heels of the March 3 sentencing in Kasur of a Christian couple to 25 years in prison under Section 295-B of the blasphemy laws for defiling the Quran. Ruqqiya Bibi and her husband Munir Masih had been arrested by Mustafabad police in December 2008 for touching Islam’s sacred scripture without ritually washing.

In Karachi, a court on Feb. 25 sentenced another Christian, Qamar David, to 25 years in prison and a fine of 100,000 rupees (US$1,170) after he was convicted without basis for sending blasphemous text messages in May 2006. David was convicted under Section 295-A of the blasphemy statues for “injuring religious feelings of any community,” and also under Section 295-C for derogatory remarks against Muhammad.

His lawyer, Pervaiz Aslam Chaudhry, told Compass that the conviction was without basis as all 16 witnesses at the trial said that not David but the owner of the cell phone through which they received the blasphemous messages was guilty.

Maximum punishment for violation of Section 295-A is life imprisonment, and for Section 295-C the maximum punishment is death, though life imprisonment is also possible. David received the sentence of life in prison, which is 25 years in Pakistan. He had not been granted bail since his arrest in 2006.

Report from Compass Direct News

Convicted Hindu Nationalist Legislator in India Released on Bail


Stunned Christians suspect bias in case of politician’s role in Orissa violence.

NEW DELHI, July 30 (CDN) — Less than a month after Orissa state legislator Manoj Pradhan was sentenced to seven years of prison for his part in anti-Christian mob violence in 2008, he was released on bail pending his appeal.

Along with fellow Hindu nationalist Prafulla Mallick, Pradhan on June 29 was convicted of causing grievous hurt and rioting in connection with the murder of a Christian, Parikhita Nayak. Justice B.P. Ray heard the petition on July 7, and the same day he granted Pradhan and Mallick bail conditional on posting bail bond of 20,000 rupees (US$430) each.

Pradhan and Mallick were released from jail on July 12 and await the outcome of an appeal to the Orissa High Court.  

Attorney Bibhu Dutta Das said that ordinary people don’t get bail so easily when convicted of such crimes, and he questioned how Pradhan could be granted release just for being a legislator.

“It takes years for convictions in High Court,” Das told Compass. “We will not sit silent. We will challenge this bail order in the [New Delhi] Supreme Court very soon.”

The Christian community expressed shock that someone sentenced to seven years in prison would get bail within seven days of applying for it.

“I am very disappointed with the judiciary system,” said Nayak’s widow, Kanaka Rekha Nayak, who along with her two daughters has been forced into hiding because of threats against her. “I went through several life threats, but still I took my daughters for hearings whenever I was called by the court, risking my daughters’ lives – certainly not for this day.”

In addition to the bail, the court has issued a stay order on the 5,000 rupee (US$107) fine imposed on Pradhan and Mallick. Attorney Das told Compass the decision was biased, as the Lower Court Record was not even consulted beforehand.

“This is the normal court procedure, and it was bypassed for Pradhan,” he said. “The judgment was pre-determined.”

Dibakar Parichha of the Cuttack-Bhubaneswar Catholic Archdiocese told Compass, “Sometimes the judicial system seems mockery to me. One court convicts him, and another one grants him bail.”

The rulings are demoralizing to those who look toward the courts for justice, he said.

“There is a very powerful force behind this. It is not as simple as it looks,” Parichha said.

Dr. John Dayal, secretary general of the All India Christian Council, said he was surprised by the orders.

“While it is a legal right for anybody to get bail, it is surprising that Pradhan was wanted in so many cases, and he can coerce and influence witnesses,” Dayal said. “His petition should not have been granted.”

The two Hindu nationalists were convicted by the Phulbani Fast Track Sessions Court I Judge Sobhan Kumar Das. Pradhan, member of the state Legislative Assembly (MLA) from G. Udayagiri, Kandhamal for the Hindu nationalist Bharatiya Janata Party (BJP), filed a petition stating that his name was not mentioned in the original First Information Report filed by Kanaka Rekha Nayak, but that he was dragged into the case later.

The bail order includes a warning to Pradhan to refrain from intimidating witnesses, stating, “The petitioner shall not threaten the witnesses examined.”

Rekha Nayak, along with her daughters Lipsa Nayak (4 years old when her father was killed) and Amisha Nayak (then 2 years old) were eyewitnesses to the murder of her 31-year-old husband, a Dalit Christian from Tiangia, Budedipada, in Kandhamal district. He was murdered on Aug. 27, 2008.

Rev. Dr. Richard Howell, general secretary of the Evangelical Fellowship of India, urged the Christian community to keep hope.

“The case is still on, not that it has come to an end,” he said. “There is a move that is being made to take the case further.”

Attorney Das has said he plans to appeal Pradhan’s sentence of seven years, in hopes of increasing it to life imprisonment.

 

Cases

Pradhan, who denies any wrongdoing, has been charged in 14 cases related to the August-September 2008 anti-Christian attacks. In seven of the cases he has been acquitted, he was convicted of “grievous hurt” in the Nayak case, and six more are pending against him.

Of the 14 cases in which he faces charges, seven involve murder; of those murder cases, he has been acquitted in three.

Cases have been filed against Pradhan for rioting, rioting with deadly weapons, unlawful assembly, causing disappearance of evidence of offense, murder, wrongfully restraining someone, wrongful confinement, mischief by fire or explosive substance with intent to destroy houses, voluntarily causing grievous hurt and voluntarily causing grievous hurt by dangerous weapons or means.

Pradhan was also accused of setting fire to houses of people belonging to the minority Christian community.

The Times of India reported Pradhan as “one of the close disciples” of Vishwa Hindu Parishad (VHP or World Hindu Council) leader Swami Laxamananda Saraswati, whose assassination on Aug. 23, 2008, touched off the anti-Christian violence in Kandhamal and other parts of Orissa.

Rekha Nayak filed a complaint and a case was registered against Mallick and others for murder, destroying evidence, rioting and unlawful assembly. Pradhan was arrested on Oct. 16, 2008, from Berhampur, and in December 2009 he obtained bail from the Orissa High Court.

Despite his role in the attacks, Pradhan – campaigning from jail – was the only BJP candidate elected from the G. Udayagiri constituency in the 2009 Assembly elections from Kandhamal district.

In recent court actions, Fast Track Court-II Additional Sessions Judge Chittaranjan Das on July 21 acquitted nine persons who had been arrested in the Tikabali area for various offenses, including arson, due to “lack of evidence.” The main charge against them was torching of a church on Aug. 28, 2008 at Beladevi village.

At least 132 persons have been convicted in different cases related to the 2008 violence in Orissa’s Kandhamal district, state Chief Minister Naveen Patnaik said on July 19. Patnaik said that 24 members of the Hindu extremist Bajrang Dal (Youth Wing of World Hindu Council) and VHP have been arrested and jailed.

Revenue and Disaster Management minister S.N. Patro said on July 21 that the 55 Christian places of worship were damaged in Tikabali block; 44 in G. Udaygiri; 39 in Raikia; 34 in K. Nuagaon; 19 in Baliguda; 16 in Daringbadi; nine in Phulbani; six in Kotgarh; five in Tumudibandha; and one each in Phiringia and Chakapada blocks.

 

SIDEBAR

India Briefs: Recent Incidents of Persecution

Karnataka – Hindu extremists from the Rashtriya Swayamsevak Sangh accused a pastor in Aldur of forceful conversion on July 24 and threatened him, telling him not to preach about Jesus. The All India Christian Council reported that the extremists filed a police complaint against Pastor Anand Kumar of forceful conversion. Both police and extremists ordered Pastor Kumar to remove the cross and name plate of the church. At press time area Christians were taking steps to resolve the issue.

Jammu and Kashmir – The state’s Foreigners Registration Officer reportedly issued a notice to a senior Christian worker to leave India by July 20 after a false complaint of forceful conversion was filed against him. The Global Council of Indian Christians reported that the state succumbed to pressure by Muslim extremists to deport Father Jim Borst, who has run Good Shepherd School in the Kashmir Valley since 1963. The school has been attacked on two occasions by members of other schools who felt they were unable to compete with it. For eight years these groups have led a campaign against Borst, claiming he was forcibly converting people under the guise of providing education. Borst, who denies the charge, has a valid visa till 2014. The interior minister reportedly said he had no knowledge of the deportation order, and Borst’s superiors indicated he would not leave.

Madhya Pradesh – Hindutva (Hindu nationalist) extremists on July 18 disrupted Christian worship in Barwaha, near Indore. The Global Council of Indian Christians reported that Pastor Subash Chouhan of the Indian Evangelical Team was leading Sunday worship when the extremists stormed in on the terrified Christians. They accused Pastor Chouhan of forceful conversion, photographed the congregation and told the pastor to close his tailoring school, which includes non-Christian students. This is the second time Pastor Chouhan has been arrested on false charges of forceful conversion; previously he was jailed for three days. The case was pending at press time.

Punjab – Police arrested Christians on July 10 after Hindu nationalists beat them, falsely accusing them of forcible conversion in Gurdaspur. Members of the Indian Pentecostal Church of God (IPCG) Western Region were visiting houses in the area on a social outreach mission when a group of extremists began to argue with them and then started beating four of them with their fists and shoes. Later they handed the Christians over to police, along with three more Christian men and five Christian women, complaining that they were converting people from the Hindu religion. Pastor Promod Samuel, along with the IPCG head A.M. Samuel, rushed to the Gurdaspur City police station to help the Christians, but officers detained them as well. Samuel told Compass that the president of the Hindu extremist groups Shiva Sena and Bajrang Dal, as well as many other Hindu nationalist leaders, gathered at the police station clamoring for officers to file charges against the 14 Christians. Hearing of the arrests, Christian leaders of Gurdaspur requested their release. The Christians were not released until Samuel signed an agreement assuring that Christians would not enter any non-Christian home. “The extremists are continuously following us around, to keep a check on us.” Samuel said.

Andhra Pradesh – Hindu extremists toppled a church building and attacked Christians on July 6 in Parawada, Visakhapatnam. The All India Christian Council (AICC) reported that local Hindu extremists were jealous and angry that a church stood at the entrance of the village and urged the Christians to move. The extremists threatened to attack the Christian community, claiming that they would allow no church in the area. When the church pastor refused to give in to their demand, they began damaging his household goods and pulled down the church building. The extremists also stopped the Christians from drawing water from a well. AICC was taking steps to resolve the matter at press time.

Madhya Pradesh – Police on July 4 arrested and charged two Christians under the state’s controversial “anti-conversion” law at Jawahar Nadar, Adharthal. According to the Global Council of Indian Christians (GCIC), a member of the Apostolic Christian Assembly, Shravan Kuman Dubey, invited Vishal Lal to lead a prayer service for his 6-year-old son Ravi’s birthday. Around 7:30 p.m., during prayer, a mob of nearly 75 Hindu nationalist extremists accompanied by police entered the house and falsely accused those present of forced conversion, taking 14 Christians to the Adhartal police station. After nearly four hours, police charged Shravan Kumar and Vishal Lal with forcible conversion and sent the others home. With GCIC intervention, both were released on bail the next day.

Madhya Pradesh – Hindu extremists belonging to the Dharma Raksha Samithi (Religion Protection Council) on June 28 stopped a Christian school bus and questioned young elementary students in Indore. The Global Council of Indian Christians reported that the bus was carrying Christian students from Orissa to their school in Indore. The extremists ordered the young students to get out of the bus and asked them whether forceful conversion was taking place, frightening the schoolchildren as police remained mere spectators. After threatening to harm the Christians if they carried out any Christian activities, they let them go. Area Christian leaders condemned the incident as a sign of Hindu extremists’ “reign of terror” in the state and demanded an investigation.

Karnataka – On June 13 in Anekal, Bangalore, Hindu extremists from the Rashtriya Swayamsevak Sangh beat a pastor whom they accused of forceful conversion. The Evangelical Fellowship of India reported that, in an apparently premeditated attack, an unidentified extremist telephoned Pastor Sam Joseph to come and pray for a sick person. The pastor agreed, only to be taken to a gathering of Hindu extremists with media people. The extremists accused the pastor of forceful conversion, beat him up and dragged him to Hebbagudi police station. Police released the pastor without charges after forcing him to agree that he would no longer lead Christian meetings.

Himachal Pradesh – State officials on June 5 sealed a Mission India building, claiming that it belongs to “outsiders,” in Bari, Mandi district. The Evangelical Fellowship of India’s (EFI) advocacy desk reported that the government closed the building, which functioned as a Bible study center and orphanage, claiming that no land in the area could be owned by non-native people. Pastor Sam Abraham told Compass that Mission India purchased the plot in 2005, constructed a building in 2007 and began using it as a Bible study center and orphanage in 2008. In July 2008, Hindu extremists filed a complaint against Mission India of forceful conversion and demanded the building be shut down. The extremists have since accused the Christians of forceful conversion, verbally abused them for their faith and threatened to kill them if they did not leave. Mission India officials asserted that the land legally belongs to them and that they have all necessary documents. At press time the Christians were looking for a place to rent that would accommodate at least 10 orphans.

Report from Compass Direct News

Buddhist Bhutan Proposes ‘Anti-Conversion’ Law


Already suppressed Christians say bill is designed to control growth.

THIMPHU, Bhutan, July 21 (CDN) — Christians in this Himalayan nation who are still longing to openly practice their faith were disheartened this month when the government proposed the kind of “anti-conversion” law that other nations have used as a pretext for falsely accusing Christians of “coercion.”

The amendment bill would punish “proselytizing” that “uses coercion or other forms of inducement” – vaguely enough worded, Christians fear, that vigilantes could use it to jail them for following the commands of Christ to feed, clothe and otherwise care for the poor.

“Now, under section 463 [of the Penal Code of Bhutan], a defendant shall be guilty of the offense of proselytization if the defendant uses coercion or other forms of inducement to cause the conversion of a person from one religion or faith to another,” reported the government-run Kuensel newspaper on July 9.

“There was always a virtual anti-conversion law in place, but now it is on paper too,” said a senior pastor from Thimphu on condition of anonymity. “Seemingly it is aimed at controlling the growth of Christianity.”

Kuenlay Tshering, a member of Bhutan’s Parliament and the chairperson of its Legislative Council, told Compass that the new section is consonant with Article 7(4) of the Constitution of the Kingdom of Bhutan, which states, “A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement.”

He said that the National Council had proposed that offenses under the proposal be classified as misdemeanors, punishable by one to less than three years in prison.

Tshering said that the amendment bill “may be passed during the next session of Parliament, after the National Assembly deliberates on it in the winter session.”

Asked if he was aware that similar “anti-conversion” laws in neighboring India had been misused to harass Christians through vague terms of “inducement,” he said he was not.

Authorities usually act on complaints by local residents against Christian workers, so frivolous complaints can lead to their arrest, said another pastor who requested anonymity.

Of the 683,407 people in Bhutan, over 75 percent are Buddhist, mainly from the west and the east. Hindus, mostly ethnic Nepalese from southern Bhutan, are estimated to be around 22 percent of the population.

There are around 6,000 Christians, mostly ethnic Nepalese, but there is neither a church building nor a registered Christian institution. The Bible, however, has been translated into the national language, Dzongkha, as well as into Nepali.

The constitution guarantees freedom of religion, but the government has not officially recognized the presence of Christians, whose practice of faith remains confined to their homes.

The Drukpa Kagyue school of Mahayana Buddhism is the state religion, with Hinduism dominant in the south, according to Bhutan’s official website, which adds, “Some residues of Bon, animism and shamanism still exist in some pockets of the country,” but makes no mention of Christianity.

Still, since Bhutan became a democracy in 2008 after its first-ever elections – following more than 100 years of absolute monarchy – people have increasingly exercised their freedom, including religious choice.

 

‘Why More Religions?’

Home and Culture Minister Lyonpo Minjur Dorji told Compass that Bhutan’s government had “no problems” with Christianity or any other faith.

“But Bhutan is a small country, with a little more than 600,000 people, and a majority of them are Buddhist,” Dorji said. “We have Hindus, also mainly in southern parts. So why do we need more religions?”

Buddhism is closely linked with political and social life in Bhutan. Dorji’s office sits in a gigantic monastery in Thimphu known as Tashichho Dzong. Buddhism unites and brings people together, Dorji said, explaining that the social life of a village revolves around its dzong (monastery).

Dorji said India’s multi-religious society had led to tensions and bloodshed.

“India can survive riots and unrest,” he said, “but Bhutan may not, because it is a small country between two giants [India and China].”

With leaders who have been proud that they have not allowed it to be colonized, Bhutan historically has been keenly concerned about its survival. Bhutan’s people see their distinct culture, rather than the military, as having protected the country’s sovereignty. And it is no coincidence that Dorji’s portfolio includes both internal security and preservation of culture.

The constitution, adopted in July 2008, also requires the state to protect Bhutan’s cultural heritage and declares that Buddhism is the spiritual heritage of Bhutan.

A government official who requested anonymity said that, as Tibet went to China and Sikkim became a state in India, “now which of the two countries will get Bhutan?”

This concern is prevalent among the Bhutanese, he added.

Sikkim, now a state in India’s northeast, was a Buddhist kingdom with indigenous Bhotia and Lepcha people groups as its subjects. But Hindus from Nepal migrated to Sikkim for work and gradually outnumbered the local Buddhists. In 1975, a referendum was held to decide if Sikkim, then India’s protectorate, should become an official state of the country. Since over 75 percent of the people in Sikkim were Nepalese – who knew that democracy would mean majority-rule – they voted for its incorporation
into India.

Bhutan and India’s other smaller neighbors saw it as brazen annexation. And it is believed that Sikkim’s “annexation” made Bhutan wary of the influence of India.

In the 1980s, Bhutan’s king began a one-nation-one-people campaign to protect its sovereignty and cultural integrity, which was discriminatory to the ethnic Nepalese, who protested. Their non-compliance, however, resulted in a harsh crackdown by authorities, leading to the expulsion or voluntary migration of over 100,000 ethnic Nepalese, many of whom were Christians, to the Nepal side of the border in Jhapa in the early 1990s.

“Bhutan did not want to become another Sikkim,” said a local resident, explaining why the government did not tolerate the protests.

Bhutan is also rigorous in implementing its laws related to the use of the national language, the national dress code and the uniform architectural standards throughout the country to strengthen its cultural integrity. Bhutanese men are required to wear the gho, a knee-length robe tied at the waist by a cloth belt, when they go to work or attend a public function. Women have to wear the kira, an ankle-length dress clipped at one shoulder and tied at the waist. Non-compliance can lead to fine
and imprisonment.

 

Brighter Future

One hopeful pastor said he expects the government to officially acknowledge the existence of Christianity in Bhutan in the near future.

“Religious freedom will be good for both Christians and the government,” he said. “If Christians are not officially acknowledged, who will the government go to if it wants to implement an executive decision related to religious communities?”

Explaining the reason for his hope, he recalled an incident in the Punakha area in January, when a house under construction was demolished after rumors that it was used as a church.

“The house owner, a Christian, went to his majesty [King Jigme Khesar Namgyel Wangchuck] and told him he was not constructing a church but would have worship with other believers on Sundays,” the pastor said. “The king allowed him to build the house.”

He also said that a delegation of Christians met with Prime Minister Lyonchen Jigmey Thinley in May 2009, who reassured them that there would be more freedom soon.

Christianity is gradually growing, but through word-of-mouth – testimonies of those who have received healing from sickness – and not public preaching, he said, adding that Christians needed to understand and be patient with the government, “which cannot and should not make changes or give freedom overnight.”

 

SIDEBAR

Christians’ Skulls, Bones Used for Buddhist Ritual

The ambiguity in Bhutan over the status of Christians has brought with it a new difficulty: A national daily recently reported that at least eight graves of Christians had been exhumed and the skulls and thigh bones extracted for a Buddhist ritual.

Although the report marked the first time the practice had made the news, Christian leaders said more than 100 graves have been dug up as the trade in human bones has been going on for more than five years.

A local resident of the Lamperi area, near Thimphu, identified as Namgay, told the Bhutan Observer that he found eight graves in a “secret forest graveyard” that had been exhumed by hunters of craniums and thigh bone.

“We saw skulls without craniums and a hand sticking out of a grave,” he was quoted as saying in the daily on May 27.

A human skull garners between 5,000 ngultrum (US$105) and 10,000 ngultrum (US$211) in Bhutan, with men’s skulls considered more valuable. The skull of a man affected by leprosy is not considered ideal for purification. Rather, such skulls are considered best for rituals to subdue evil spirits.

In a visit to the graveyard, the Bhutan Observer found at least eight graves freshly dug up. “Hand gloves, khaddar [a coarse homespun cotton cloth], a currency note, a wooden cross, and a wooden hammer lay scattered all over,” it reported.

The daily said the graveyard apparently belonged to the Christian community in Thimphu and nearby areas.

“Christians in the country say that there should be an official recognition that there are Christians in the country, and other things like burial rights will naturally follow,” the report noted.

A local pastor told Compass that since Christians did not have a burial ground, they buried their dead in forests.

“More than 100 bodies have been dug up, even though we have changed several locations for burial,” he said. “I wonder how the traders in human bones discover these locations. Where do we go now?”

Some local residents reportedly believe that a Christian grave brings bad luck.

Damcho Wangchu, a resident of Thinleygang area, told the daily that the area surrounding the graveyard was holy. He attributed all misfortune in the area – including storms, the death of three students and of four others – to the Christian cemetery.

“We never experienced such misfortunes in our gewog [cluster of villages] before,” he said.

The daily explained that the tradition of use of human skulls and thigh bones in Buddhist rituals was as old as Tantric Buddhism itself. “Thoepai Dagpa is a generic name for the text that illustrates the use and study of quality of skulls,” it reported.

Tantric Buddhism, widespread in Bhutan, involves rituals as a substitute or alternative for the earlier abstract meditations.

An editorial in the same newspaper noted, “Our hunt for the criminal will probably lead us from the unplanned graveyard to the sacred altar.”

Report from Compass Direct News