Orissa
II. Human rights violations by the security forces
III. Violations of International Humanitarian Law by the AOGs
IV. Violations of the rights of indigenous peoples
a. Atrocities and lack of access to justice
b. Lack of access to economic programmes
c. Displacement and land alienation
V. Violations of the rights of the Dalits
VI. Violations of the prisoners’ rights
VII. Violations of the rights of minorities
I. Overview
Governed by Biju Janata Dal, Orissa
remained a highly lawless State with high incidence of human rights violations against
Adivasis and religious minorities. Displacement and conflict has been a
hallmark of Orissa for many years.
The inaction of the Orissa authorities
to compensate people for repeated ‘land grabs’ by commercial companies led to
violent protest. The state resorted to the use of excessive force that led to
the deaths of protestors. This culminated in the massacre of 14 tribal people
who were killed by the police in Kalingangar on January 2 2006.
The State failed to prosecute those
guilty of human rights violations. The Supreme Court annulled the Inquiry Commission
into the massacre on the grounds that it was headed by a sitting judge of a
High Court in April 2007. The state government failed to appoint a retired
judge to conduct the inquiry.
The State failed to prevent repeated
attacks on Christian minorities by Hindu religious fundamentalists throughout
the year. The State did nothing to bring the accused to justice.
The violence culminated in a Hindu
fundamentalist attack on 24 and 25 December 2007- the dates are clearly not
coincidental - six Christians were killed, 600 houses belonging to the Christian
were burnt, 70 churches/institutions were attacked and torched and 5,000
Christians were displaced in Bamunigam village under Daringibadi Block in
Kandhamal district. To date the State failed to act and the further
deterioration since that time will be discussed in next year’s annual report.
There
was little evidence that provisions made for development of tribal communities
were reaching the poorest. There were even reports of deaths by starvation.
There were continued widespread allegations that these funds were diverted into
corruption.
Judicial and quasi-judicial
institutions were plagued by delays. As of 30th September 2007,
there were 2,27,752 cases pending in the Orissa High Court and 10,09,284 cases
pending in the district and subordinate courts of Orissa. There were 5 vacancies in the Orissa High
Court as on 1st January 2008 and 90 vacancies in the district and
subordinate courts as on 30th September 2007.
As of 10 September 2007, the State
Human Rights Commission (SHRC) had received 5,619 cases including 5,185
complaints and suo motu interventions
in 434 cases. Of these, 1,388 cases were filed against the police. 3,029 cases
were pending with the cases at various stages of investigation due to the lack
of manpower to investigate the ever-increasing number of human rights violations.
Reports of violence against women
including rape rose in Orissa in 2007. A total of 985 rape cases were reported
in 2006 as against 799 in 2005 and 770 in 2004. Many women were also killed as
a result of being accused of witchcraft.
The victims included Tia Singh (40),
Budhini Singh (42), Somabari Singh (42) who were beheaded by a group of
villagers for allegedly practicing withcraft at Pratapur village under Nilagiri
police station on 26 August 2007 and Singha Majhi (62) and Sambari Munda (55) who
were allegedly burnt alive at Jhaunrisahi in Mayurbhanj district on 7 November
2008.
Ongoing
human rights violations and the continued denial of justice and development
explain in large part the increased insurgent action from Naxalites.
II.
Human rights violations by the security forces
The NHRC received complaints of two
deaths in police custody in Orissa during 1 April 2006 – 31 March 2007. In
2007, Asian Centre for Human Rights documented a number of custodial deaths.
On 16 May 2007, Chunilal Kissan
allegedly committed suicide by hanging himself with a towel inside the bathroom
at the Brahmanitaranga police station in Sundargarh district of Orissa. He was
arrested in connection with a theft on the same day. The circumstances of the
death raise significant concern.
On 22 May 2007, Samir Martha of
Sadheigada village under Khurda police station was allegedly tortured to death
at Khurda police station in Khurda district.
On the night
of 14 June 2007, 20-year-old Bhaskar Behera, son of Rohit Behera, was beaten to
death by a police team headed by Assistant Sub-Inspector NK Das at Rajnagar
village under Athgarh police station in Cuttuck district.
There were
also reports of arbitrary arrest, illegal detention and
torture. On 14 April 2007, Suresh Chandra Rout,
a businessman, was allegedly tortured in police custody by Mohanty, the
in-charge of Dhamra outpost in Bhadrak district of Orissa. The victim was picked
up while returning from Kontai in West Bengal to Dhamra.
The
security forces continued to perpetrate violations on innocent villagers during
anti-Naxal operations. On 26 January
2007, about 20 persons, including women and physically-challenged persons, were
injured, four seriously, after they were beaten up by the personnel of Central
Reserve Police Force during an anti-Naxal operation in Kalimela area in
Malkangiri district.
III.
Violations of International Humanitarian Law by the AOGs
The Maoists were responsible for
violations of the right to life.
On 1 February 2007, Maoists shot dead
three forest officials identified as Ghanashyam Behera, Nilamani Mallick and
Kumud Sama in Dhenkanal district.
On 9 May 2007, Moists killed forest
official Rabindranath Patra at Sadagada in Mayurbhanj district.
The Maoists also killed alleged police
informers. Some of the victims included
-
Harischandra
Nayak and Bhubaneswar Nayak of Ranigola village Mahi Pradhan of Telikusum
village in Deogarh district on the charges of police informers on the night of
22 June 2007;
-
Mukund
Madhi of Bandiguda and Babu of MV120 village under the Korkonda block in
Malkangiri district on the night of 4 August 2007;
-
Arjun
Dehuri who was killed at Talab village in Sambhalpur district on 11 August
2007; and
-
Jiti
Jagaranga, a leader of Shanti Sena, who was killed at lahaguma village under
Gudari police station limits in Rayagada district.
IV.
Violations of the rights of indigenous peoples
a. Atrocities and
lack of access to justice
The National
Crime Records Bureau of the government of India stated that a total of 349
cases of crimes were committed against the Scheduled Tribes in Orissa,
including six cases of killing, 30 cases of rape, and 162 cases registered under the SC/ST (Prevention of
Atrocities) Act, among others in 2006. While the rate for filing charge-sheet
during 2006 was 98.5%, the conviction rate for crimes against tribals was only
27.5%
Tribals have
little access to justice.
On 8 March
2007, a tribal woman identified as Binapani Mukhi was illegally arrested and
detained at Balasore district jail for allegedly selling illicit liquor. She
was given a sentence of two years rigorous imprisonment by a local court. On 28
September 2007, Orissa High Court while hearing a Public Interest Litigation
quashed the order of the local court and directed the state government to
immediately release the victim. The State Government informed the High Court
that she was indeed arrested “wrongfully” by the police due to “mistaken identity”.
On 7 May 2007,
Orissa High Court directed the registrar of a civil court in Phulbani to
explain the circumstances under which Pratap Naik, a tribal youth, was detained
in jail for over eight years even after being acquitted in a murder case.
b. Lack of access to economic programmes
The Juang tribe in Keonjhar district is
on the verge of extinction. Both the central government and the state
government failed to lift the socio-economic standard of Jaung tribe.
The Bhuyan tribals living mostly in Keonjhar
and Mayurbhanj districts had their livelihood threatened as a result of increased
mining activities. A study revealed that many water sources coming from the
hills had dried up because of mineral exploration, large-scale vehicular
traffic and the establishment of iron plants. Most of the Bhuyan villages lack
healthcare facilities. The Bhuyan children are denied free education system.
Similarly, there was no sign of
tangible development in the tribal blocks of Dhenkanal district. Most part of
the sanctioned development activity in tribal areas was allegedly
misappropriated by officials, politicians and contractors.
A survey by the Delhi-based Centre for
Environment and Food Security (CEFS) in 2007 revealed that out of the Rs 733
crore released to Orissa under the National Rural Employment Guarantee Scheme,
more than Rs 500 crore was siphoned off by government officials. Many poor
tribals were cheated. The CEFS found that one Rupa Majhi, a poor tribal of
Palsipada village in Kalahandi district of Orissa, was actually given 21 days
of employment against assured 100 days employment and was paid only Rs 600 as
wages during 2006-07. But, his job card had a faked entry of 336 work days.
Similarly, another tribal Chandra Majhi of Palsipada village had not received
any employment under the rural job scheme but, in his job card had a faked
entry of 126 days.
There
were reports of alleged deaths resulting from starvation n Orissa. This was
despite the launch of Social and Food Security measures by the State Governemnt.
Between 10 and 15 June 2007, three persons identified as Makari Mukhi, Suni
Munda and Dama Munda allegedly died of starvation in Keonjhar district.
However, the state government was quick to refute the claims.
c. Displacement and land alienation
About
2.6 million people were displaced between 1950 and 1991. Not even 25 per cent
of these displaced were rehabilitated. The displaced persons from 10 villages
under Kuliana block in Mayurbhanj district who were forced to give away their
land for the Subarnarekah irrigation project in 1967 have been living in
temporary houses on government land.
More than 2,000 families displaced by
the multi purpose Hirakund dam project in Sambalpur district of Orissa had
still not been compensated. The Jindal Stainless Limited (JSL) at Kalinga Nagar
failed to fulfill its promise to provide jobs to 60 displaced persons of
Bainsipur, Hudisahi and Gadhapur villages as of early September 2007. Earlier,
the company reportedly agreed to provide jobs before August 2007. In November 2007, the Supreme Court of India barred the UK Company
Vedanta Resources Plc from mining bauxite in the sacred Niyamgiri hills in
Orissa but later on the project was allowed to continue.
The majority of the victims of
displacement are tribals. The failure to provide compensation for displacement
from lands ‘grabbed’ by commercial companies led to violent protest. On 2
January 2006, 14 tribal villagers were massacred by the Orissa Police at
Kalinga Nagar in Jajpur district while protesting against their displacement by
the Tatas. In 2006, the State government of Orissa set up a one-man Commission
of Inquiry headed by Justice A.S. Naidu, a sitting judge in the Orissa High
Court. On 9 April 2007, the Supreme Court annulled the Commission on the ground
that it was headed by a sitting judge of a High Court. On 10 April 2007, Orissa Chief Minister Naveen Patnaik stated that a new commission headed by a retired
judge would start the investigation. By the end of 2007, the state government
failed to appoint any person. The action is a powerful symbol of the levels of
impunity in Orissa.
There has been massive alienation of tribal lands in Orissa. According to
the Annual Report 2007-08 of the Ministry of Rural Development, Government of
India, a total of 105,491 cases alleging alienation of 104,742 acres of land
have been filed in the court in Orissa. An estimated 104,644 cases were
disposed of by the court. Out of these 61,431 cases were disposed of in favor
of tribals and 56,854 acres of land was restored to tribals.
V.
Violations of the rights of the Dalits
According to NCRB a total of 1,153
crimes against the Dalits including 12 cases of murder, 52 cases of rape and
621 cases under the POA were registered in Orissa in 2006.
In June 2007, a Dalit woman identified
as Rashmita Seth and her family was barred for three days from using the
community tube well in Khandagiri Bari area on the outskirts of Bhubaneswar
after she lodged a first information report (FIR) against two persons who
assaulted and threatened to rape her younger sister Kalpana.
In August 2007, seven Dalits
identified as Bideshi Nayak, Ramachandra, Sudama, Nilakantha, Sakhi, Sanju and
Puspalata Nayak were reportedly ostracised from Goruala village near Puri for
refusing to beat drums in a temple - a caste practice that their caste was
expected to carry out.
VI. Violations of the prisoners’ rights
There were 70 jails of different
categories with a total capacity of 9,125 in Orissa. However, more than 15,500
prisoners were detained in jails by the end August 2007.
The NHRC received information about
death of 53 persons in judicial custody in Orissa during 1 April 2006 – 31
March 2007.
In March 2007, undertrial prisoner
Sarat Biswal was allegedly tortured to death but the jail authorities claimed
that he had committed suicide in the Jharpara special jail in Orissa. However,
media reports suggested grounds for concern as the corpse had bleeding wounds
inconsistent with suicide. Concern was further compounded by the jail
authorities failure to allow media personnel to take pictures of the dead body.
On 28 August 2007, an under-trial
prisoner identified as Muktikanta Muduli (40) of Simulipatna in Soro police
station limits was tortured to death in Balasore Jail in Orissa. He was
allegedly tied to the railings in the jail and tortured by four jail officials.
On 13 September 2007, an under-trial
prisoner identified as Rabinarayan Bhoi was allegedly tortured to death in the
Allipingal jail in Jagatsinghpur district of Orissa. The Superintendent of
Allipingal jail, Bijaya Kumar Paikray claimed that the deceased suddenly
complained of ‘uneasiness’ on 12 September 2007 and died on 13 September 2007
while being taken to the hospital.
In October 2007, undertrial prisoner
Arsul Pradhan (62) allegedly committed suicide by hanging himself at the
medical centre inside the Berhampur circle jail premises.
The plight of women prisoners was
deplorable due to poor hygienic conditions. Female prisoners were not provided
sanitary napkins in jails of Orissa. There were 494 women prisoners in various
jails as in mid-March 2007 according to prison directorate.
In August 2007, the Orissa High Court
issued directions to take measures to reduce overcrowding. Due to overcrowding
prisoners had to live in sub-human conditions. Many prisoners reportedly suffer
from serious ailments. Many prisoners died due to lack of medical care. The
state government failed to provide adequate nutrition and medical care.
VII.
Violations of the rights of minorities
Christian minorities were subject to
systematic attack from Hindu religious fundamentalists. The state failed to
take appropriate action to stop the attacks or to bring the accused to justice.
On the morning of 24 December 2007,
Christians were attacked by the Hindu fundamentalists who opposed celebration
of Christmas at Bamunigam village under Daringibadi Block in Kandhamal
district. The fundamentalists destroyed and looted shops of Christians and beat
them up. On 25 December 2007, a huge Hindu mob again attacked Christians in
Bamunigam area, entering into Christian villages burning down houses, churches
and looting properties.
A fact finding team led by Dr. John
Dayal, member of National Integration Council visited the affected areas on 29
December 2007 found that six Christians were killed, 600 houses belonging to
the Christian were burnt, 70 churches/ institutions were attacked and torched,
and the attacks affected 5,000 Christians. The worst affected districts were
Kandhamal and Gajatati. In the Kandhmal district, the worst affected villages
were Barakhama, Pobingia, Balliguda, Bamunigam, Sankharkhole, Sirtiguda,
Dalagam, Irpiguda, Tikabali, Godapur and Daringibadi. Hundreds of villagers
took shelter in the forests without food and water due to fear of further
attacks from the Hindu mob. Those who could not flee, (in particular the old
and infirm) were forced to renounce their Christian faith and convert to
Hinduism. Hindu fundamentalists who also allegedly forced Christians to drink
cow dung water, shaved their heads and forced them to bow to idols. The majority
of the Christian victims were tribals.
However, this was not an isolated case of Christian
persecution in Orissa.
On 26 August 2007, a Catholic church was attacked
by a mob in Raikia town, about 72 km from Phulbani. About 300 people forcibly
broke into the church and smashed the doors and window panes. They also smashed
the statues inside the Church and set fire to a truck parked outside the
church.
On 28 July 2007, two nuns staying at girls hostel
of St Ann's School at Baripada where arrested on the charges of alleged of
illegal conversion to Christianity. They were charged under Section 4 of
Freedom of Religion Act, and sent to jail.
On 2 June 2007, two pastors including
Kanstantino Pariccha were attacked and allegedly beaten by Hindu extremists when
they were preparing to hold a prayer meeting at Jamaguda in Gajapati district.
They had to be admitted to Chelligada Government Hospital with serious internal
injuries.
On 28 February 2007, hundreds of alleged Hindu
activists attacked the Believers Church Bible College and its office located in
Brajarajnagar in Jharsuguda district. The staff and students of the college
were beaten up. When the police were informed, only five policemen arrived but
they apparently failed to act to stop the mob as they attacked and destroyed
the properties.
1.
Firing probe panel fired - Disband Naidu Commission: SC, The Telegraph, 10 April 2007
2.
Supreme Court
of India, Court News, October-December 2007, Vol.II Issue No.4, available at http://www.supremecourtofindia.nic.in/CtNewsOct_Dec07.pdf
3.
Cases piling up
with rights panel, The Hindu, 10 September 2007
4.
Rape cases are
on the rise in Orissa, The Kalinga Times, 5 July 2007
5.
Four ‘witches’
beheaded, The Telegraph, 31 August 2007
6.
Two women burnt
alive for witchcraft, The Pragativadi.com, 9 November 2007
7.
Information
obtained by ACHR from NHRC by filing of RTI application
8.
Tension after
lock-up death, The Statesman, 18 May 2007
9.
Custodial
death in Khurda, The Pioneer, 24 May 2007
10.
Police beat
youth to death in Athgarh, The Kailinga Times, 16 June 2007
11.
Cop
suspended for torture, The Pragativdi, 24 April 2007
12.
CRPF atrocity
spurs protest, The Deccan Herald, 29 January 2007
13.
Maoists
kill three forest officials in Orissa, The Times of India, 1 February 2007
14.
Suspected
Maoists kill forester in Orissa, The Times of India, 9 May 2007
15.
Blood spills in
strike, again, The Telegraph, 23 June 2007
16.
Two shot dead by naxals?, The Hindu, 6 August
2007
17.
Maoists kill
abducted villager, The Hindu, 12 August 2007
18.
Maoist gun down Shanti Sena chief, The Pragativadi, 3
September 2007
19.
2006 Annual
Report of National Crime Records Bureau
20.
2006 Annual
Report of National Crime Records Bureau
21.
Court orders
release of tribal woman, The Hindu, 29 September 2007
22.
Court glare on
justice delayed, The Telegraph, 8 May 2007
23.
May their
tribes increase, The Hitavada, 14 January 2007
24.
Bhuyan faces a challange of survival, The Hitavada,
14 January 2007
25.
Tribals still live in
palm leaf huts in Dhenkanal, The Indian Express, 22
December 2007
26.
NREGA and rural
employment: In Orissa, corruption robs the poor, The Hindu Business Line, 5
October 2007, available at: http://www.thehindubusinessline.com/bline/2007/10/05/stories/2007100550250900.htm
27.
Deaths spark
hunger debates, The Statesman, 18 June 2007
28.
“India’s
richest lands are home to its poorest people”, The Hindu, 22 December 2007
29.
Land oustees threaten to boycott panchayat poll, The Statesman, 14 February 2007
30.
50 years, dam oustees await
aid, The Deccan Herald, 2 February 2007
31.
Displaced villagers raise jobs pitch, The Statesman, 6 September 2007
32.
Supreme Court bars British company from mining sacred
hills, Survival International, 29 November 2007, http://www.survival-international.org/news/2696
33.
Firing probe panel fired - Disband Naidu Commission: SC, The Telegraph, 10 April 2007
34.
See http://rural.nic.in/annualrep0708/anualreport0708_eng.pdf
35.
SC family in
Orissa denied water access, The Hindustan Times, 2 July 2007
36.
Dalits ostracised for defying temple order, The Times of India, 19
August 2007
37.
Court cure for
packed jails, The Telegraph, 24 August 2007
38.
Information
obtained by ACHR from NHRC by filing of RTI application
39.
Undertrial dies in jail, The Pioneer, 16 March
2007
40.
UTP dies in
jail, The Pragativadi, 31 August 2007
41.
Undertrial dies in jail,
The Statesman, 14 September 2007
42.
Prisoner
commits suicide, The Hindu, 27 October 2007
43.
Orissa govt to improve facilities for women prisoners, The
Statesman, 14 March 2007
44.
Court cure for
packed jails, The Telegraph, 24 August 2007
45.
Prisoners fall
prey to neglect, The Telegraph, 19 June 2007
46.
The complaint
filed with the National Human Rights Commission by a number of non-governmental
organizations on 31st December 2007, available at http://indianchristians.in/news/content/view/1798/45/
47.
All India
Christian Council, see http://indianchristians.in/news/content/view/215/45/
48.
All India
Christian Council, see http://indianchristians.in/news/content/view/1538/45/
49.
All
India Christian Council, see http://indianchristians.in/news/content/view/943/45/
50.
All
India Christian Council, see http://indianchristians.in/news/content/view/1302/45/