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

Victim of Orissa, India Violence Rescued from Trafficking Ring

Christians displaced by Kandhamal violence in 2008 sold for coerced labor or sex.

NEW DELHI, August 25 (CDN) — Nearly two years after large-scale anti-Christian violence broke out in India’s Kandhamal district, Orissa state, a team working against human trafficking on Aug. 9 rescued a 16-year-old Christian girl – one of at least 60 people sold into slavery after being displaced by the 2008 attacks.

The recovery in Delhi of the girl represented the cracking of a network that has trafficked Christian girls and women from Orissa to the national capital, sources said.

“Human trafficking agents operating in the tribal belt of Orissa have targeted the Christian girls who are displaced by the Kandhamal communal violence – we have been receiving complaints of missing girls from Kandhamal after the violence broke out in 2008,” said attorney Lansinglu Rongmei, one of the rescue team members. “Roughly 60 girls are estimated missing and have been trafficked to different states.”

The girl, whose name is withheld, is a tribal Christian who was sold into slavery along with her 19-year-old sister and two other girls, all victims of the 2008 violence; they were trafficked from the Daringbadi block of Kandhamal district to the capital in December 2009, according to the Human Rights Law Network (HRLN). Her sister and the other two girls remain missing.

The mother of the girl accompanied the rescue team the evening of Aug. 9 in the Rohini area of Delhi, said a source from the HRLN Anti-Human Trafficking department on condition of anonymity.

“It was only the joint efforts of the All India Christian Council [AICC], HRLN Anti-Human Trafficking and the area police that made this rescue possible,” the source said.

The rescue team took action after the minor’s mother approached the HRLN of Kandhamal for help, which in turn called the Delhi office. Team members said they were disappointed by the reaction of police, who were initially cooperative but later “just unwilling to help,” in the words of one member.

The girl was used only for labor, although she was sexually harassed, sources said.

Rongmei told Compass that police refused to file a First Information Report, telling rescue team members, “No rape of the victim took place as per the medical examination, and there was no need for a case registration against anyone.”

The rescue team was not given a copy of the report of a medical examination at Bhagwan Mahavir Hospital, Pitampura, in Delhi, but they were told it indicated no sign of rape.

“It is confirmed that she was not raped,” said Madhu Chandra, spokesperson of the AICC and part of the rescue team. “She was physically abused, with teeth bite marks and bruises on her body – her neck, leg and right hand.”

 

Tricked

The girl stated that a well-known woman from their village in Kandhamal district gave her and her sister a false promise of safe and secure work in Delhi as gardeners.

Instead, operatives brought the sisters and the two other girls to a placement agency in Ratala village in Delhi, Sakhi Maid Bureau, which was run by a man identified only as Montu.

The HRLN source told Compass that the girl was with the placement agency for six days as the owner, Montu, attempted to rape her on several occasions. She was threatened, beaten, drugged with alcohol and sexually molested, the source said.

The girl said her sister and the other two girls were treated the same way.

She was placed in a home in Rohini, Sector 11, as domestic help beginning in January. Until July, she said, she was treated relatively well there, except for a few instances of being slapped by the lady of the house. Then the family’s 10-year-old son began to hit her and their 14-year-old son tried to assault her sexually, and she tried to flee earlier this month.

The girl told the rescue team that she informed the lady of the house about the elder son’s misbehavior, but that the woman stated that she could do nothing about it.

“She bears marks from being beaten on her right hand by the younger boy,” said Chandra.

He told Compass that the owner of the placement agency collected the girl’s wages from the family who employed her, promising to send the money to her mother in Kandhamal district, but that he failed to do so.  

Compass was unable to meet with the girl as she was still traumatized and undergoing counseling sessions. The girl’s mother sobbed for her other daughter, grieved that no one knew what condition she was in.

Montu, the placement agency operator, has absconded, according to police.

 

Passive Police

Prasant Vihar Police Station House Officer Sudhir Kumar confirmed the rescue team’s accusation that he refused to register a complaint in the girl’s case.

“The victim is from Kandhamal, let her go back to Kandhamal and register her complaint there,” Kumar told Compass. “No rape of the victim took place as per the medical examination, and thus there is no need for registering a case against anyone.”

Assistant Commissioner of Police Sukhvir Singh told Compass he had no explanation why the girl’s complaint was not registered, but he insisted on having her and the rescue team return.

“We will file their complaint if they come back to us now,” he said.

Karuna Dayal, coordinator of Anti-Human Trafficking Initiatives at HRLN, led the rescue team, which also included AICC Legal Secretary Advocate Rongmei, Chandra and Ashis Kumar Subodh of the AICC, and three others from the HRLN – Afsar Ahmed, attorney Diviya Jyoti Jaipuria and one identified only as Sangram.

Dr. John Dayal, secretary general of the AICC, said large-scale human trafficking in Christian tribal and Dalit women of Kandhamal district is one of the worst problems in the aftermath of the Kandhamal violence.

“Police have made arrests in the nearby Andhra Pradesh and other states,” he said. “Because of the displacement due to the violence, they lost their future, and it is very easy for strangers to come and lure them. Community and family life has been disrupted; the children do not have the normal security that growing children must have. Trauma, unemployment and desperate measures have resulted in the loss of childhood, forcing many to grow up before their age.”

The AICC is calling on the National Commission for Women, the National Commission for Scheduled Castes and the National Commission for Scheduled Tribes to investigate, he added.

Report from Compass Direct News