| Memorandum of
Action Taken on the report of Justice D.P.Wadhwa commission of inquiry In the intervening night of 22nd/23rd January 1999, Mr. Graham Stewart
Staines, an Australian national and his two sons were burnt to death at village
Manoharpur, district Keonjhar, Orrisa. This incident was an extremely grievous nature with
far reaching implications for the country as a whole, which led to some sense of
insecurity among the Christian community. As Mr. Graham Stewart Staines was a foreign
missionary working in the country was brutally murdered along with his two sons, the issue
took an international dimension damaging to some extent the secular and tolerant image of
the country. Therefore, with a view to infuse confidence in the minorities and to arrive
at the truth, the Union Government set up a one-man Commission of Inquiry consisting of
Mr. Justice D.P. Wadhwa, a sitting of the Supreme Court of India, vide Notification dated
29th January, 1999 to make an inquiry with respect to the following matters: -
(a)
the fact and circumstances relating to the killing of Mr. Graham Stewart Staines, an
Australian national and his two sons on 22nd/23rd January, 1999 in Village Manharpur,
District Keonjhar, State Orrisa:
(b)
the role, if any, played with be any authority, organisation or individual in/or in
connection with the aforesaid killings; and
(c)
any other matter connected with or incidental thereto as the Commission may consider
appropriate.
Initially, the tenure of the Commission
was for two months, but subsequently it was extended for another three months i.e. up to
28th June 1999 vide Notification dated 25th March 1999.
Pursuar to the Public Notice issued under section 3 of the Commissions of Inquiry Act,
1952, 83 affidavits were received. A notice under section8(B) of the Commissions of
Inquiry Act, 1952 was issued to Rabindra Kumar Pal@Dara Singh, who failed to respond.
Proceedings were held both at Bhubaneswar and at New Delhi and statements of witnesses
recorded. 52 witnesses were examined. Documents were brought on record, which included
reports of various agencies, the case diaries of the local police, Crime Branch and the
CBI, which were investigating the case. The Commission also visited the scene of crime at
Manoharpur.
The Commission has submitted its report to the Home Secretary on 21.6.1999.
At the end of the Chapter ‘Preliminary’ of the report, the Commission mentioned
that “proceedings before a criminal court have, therefore, to be independent of the
proceedings before the Commission”.
General observations:-
The Government extended full co-operation to the Commission. All relevant documents were
made available to it. The Commission has also mentioned in the Report:-
“The Central Government on its part has also been extremely co-operative and helpful
in providing all the infra-structural requirements at the Vigyan Bhavan, New Delhi”.
Report
The report consists of 18 chapters and some of the important chapters are (i) Dara Singh,
his antecedents and associations/affiliations (ii) How Staines met his tragic end, (iii)
Motive, (iv) The incident was an avoidable tragedy, (v) Irony of shouting ‘Bajrang
Bali Ki Jai’, (vi) Comment; and (vii) Recommendations.
The Commission stated under the title ‘Comment’ that ‘the gruesome murder
of Graham Stewart Staines, an Australian missionary, and of his two little children is a
blot on the fair name of India known for religious tolerance. That an individual rabid
fundamentalist playing on the sentiments of poor tribals in the name of religion could
commit such a dastardly act is a matter of grave concern for us one and all”….
“Suppressing and preventing a free exercise of religious rights cannot be the best
way to overcome law and order problems and social upheavals. That exercise of these rights
may lead to social tensions cannot be given a free recognition in the context of
constitutional guarantees”….
“Indian society is a composite society whose consciousness as a whole needs to be
preserved. It requires to be stated that any religion or its teachings are not the
monopoly or exclusive preserve of its proponents. Such teachings of all faiths are the
free and natural treasures of all citizens and all citizens must have a free choice to
have access, utilize, adopt, incorporate, change, and feel whatever they feel like in
relation to it. This is, even though an oversimplification, necessary because the citizen
is entitled to hold any belief including the belief that God does not exist and that
religion is evil. It is necessary to say that freedom of belief is so fundamental that
nothing can curtail it. The attempt of Dara Singh in murdering Staines was plainly to
prevent missionary activity amongst the tribals so that that they would not embrace the
Christian faith. such violent acts are aimed at mutilating the Constitutional structure
and it is necessary that the collective energies of the people of India must protect
itself against misguided and ill-informed religious zealots who have been spreading a
communal view of religion”…
The findings of the Commission have been fully considered by the Government response on
each of the conclusions and recommendations is as follows:-
Conclusions :
(Facts and
circumstances relating to the killing of Mr. Staines and his children)
Page 235 Point No.
(a)
Graham
Stewart Staines, an Australian missionary, devoted most part of his life in India to the
cause of eradication of leprosy and
rehabilitation of leprosy patients. As a missionary, he was also involved in spreading the
Gospel and was behind the church movement in the two districts of Mayurbhanj and Keonjhar.
He himself was not involved in conversions. A missionary preaches, it is the individual
who converts. There have been conversions among the tribals. Tribals who got converted
distanced themselves from tribal customs. There have been instances of conflicts between
Christian and non-Christian tribals evidencing growing tensions between them. Opposition
was also developing against conversions in the area. Staines himself had suspicion about
the growing tensions. But he did not expect that a stage had come where there is threat to
his life or a riotous situation is developing. The administration was quite unconcerned
and oblivion to the growing tension. Manoharpur was a peaceful village inhabited by
Santhal tribe. Now, it is a divided house. In the election of the headman of the village,
Christians voted for their non-Christian candidate. It is a strange scenario. When a
non-Christian converts himself, he does not become a different human being. Why then does
any religious group thinks it that way? Religion is one's faith. It is not to become a
big divide. People, it appears, have more religion in them than
they are religious. Here what we need is, understanding of religion. Prime need of the
hour is the consensus, harmony and reconciliation. Staines was a popular
figure by all accounts in Baripada. He earned fame for his selfless
service for the cause of leprosy. Gladys, his wife, talks of his
attainments. Unfortunately, some of the tribals perceived Staines to be
the person behind spread of Christianity by converting innocent and unsuspecting tribals
and the one making inroads into their culture and customs.
Dara Singh was growing in stature. He is a fanatic. He committed crimes against Muslim
traders. There was no check on him. There were criminal cases pending against him and yet
he was not declared as absconder. These Muslim traders were trading in
cattle. Dara Singh played on the sentiments of Mahanta community in the area
who worship cows. Action of Dara Singh in stopping the
transporting of cattle from Muslim traders and also by a Hindu trader and then
distributing the cattle earned him popularity. Tribal youth looked at him with awe as if
they found a Messiah in Dara Singh. They drew his attention to the conversions in
Manoharpur by the Christian missionaries. Now, attention of Dara Singh was diverted
towards Christian missionaries. These youth are not members of any organisation. Dara
Singh understood the psyche of the tribals. He played on their emotions and provoked their
ire saying that Christian missionaries were destroying Hindu religion. He prepared
them and then led the attack on the Christian missionaries. Staines was killed by these
fanatics and with him his two children also perished.
The case of killing of Mr. Graham Stewart Staines and his two sons was registered in the
Police Station, Anandpur, District Keonjhar, Orissa. It was initially investigated by
State Police and later on investigation was transferred to CBI on the request of the State
Government. CBI has already filed charge-sheet against 18 persons including Rabindra Kumar
Pal@Dara Singh.
(Role played by
any authority, organisation or individual)
Page No. 237
Point (b)
The act of murdering Staines and his two children was inspired by Dara Singh and his clout
and no authority, organisation or any other person played any role in or in connection
with the killings. There is no evidence that any authority or organisation was behind the
gruesome killings.
Charge-sheet in the case relating to killing of Mr. Graham Stewart Staines and his two
children has already been filed by the CBI in the Court. The matter is subjudice.
Recommendations :
1.
It is imperative that development of tribal areas is accelerated.
(Page 237 Point
No.1)
The basic objective of the Constitutional provisions, laws, policies programmes and
institutions related to tribals is to bring the target groups into the main stream of
development and making them self-reliant. Over the years, Government has taken various
measures for the development and empowerment of Tribals through implementation of various
schemes/programmes.
In order to accelerate the development of tribal areas, various schemes are being
implemented by the Ministry of Social Justice & Empowerment through the State
Government and NGOs. These include:-
(i)
special central Assistance to Tribal Sub-Plan (TSP).
(ii)
Grants under Article 275(1) of the Constitution.
(iii)
Grant-in-aid to Voluntary Organisation.
(iv) Girls
Hostels for Scheduled Tribes (STs).
(v)
Boys Hostels for Scheduled Tribes.
(vi) Ashram
schools in Tribal Sub-Plan Areas.
(vii) Vocational
Training Centres.
(viii) Educational Complex.
(ix)
Research and Training.
(x)
Investment in Tribal co-operative Marketing Development Federation of India Limited
(TRIFED).
(xi)
Grant-in-aid to State Tribal Development Co-operative Corporations (TDCCs).
(xii) Price Support to
Tribal Co-operative Marketing Development Federation of India Limited.
(xiii) Village Grain Bank Scheme.
(xiv) Developments of Primitive Tribal
Groups (PTGs).
Similarly,
the Ministry of Rural Development is also implementing number of anti-poverty schemes for
the upliftment of rural poor and development of rural areas, including tribal areas
through State Governments. These include:-
(i)
self- employment Schemes – Swaranjaynti Gram Swarozgar Yojna.
(ii)
Wage-Employment Schemes – Jawahar Gram Samridhi Yojna, Employment Assurance Scheme.
(iii) Rural
Housing.
(iv)
Panchayati Raj.
(v)
Land Reforms.
(vi)
Development of Wastelands.
(vii) Rural Water
Supply.
(viii) National Social Assistance
Programme.
The
State Government is being requested to accelerate the implementation of all the schemes of
Ministry of Social Justice and Empowerment, Ministry of Rural Development and their
own Schemes for the development of tribal areas.
2.
To avoid any distrust among the different communities and to bring in communal harmony, it
is necessary that at the school level itself, children are taught
components of all religious faiths making available to them treasure of all faiths.
(Page 237 Point
No.2)
The National Policy on Education lays considerably emphasis on value education including
education about India’s common cultural heritage. The policy has further expressed
concern over the erosion of essential values and increasing cynicism in society and has
stated that in our culturally plural society, education should foster universal and
eternal values oriented towards the unity and integration of our people and that such
value education should help eliminate obscurantism, religious fanaticism, violence,
superstition and fatalism and should have a propound positive content based on our
heritage, national and universal goals and perceptions. Keeping these values as the
central concern, the NCERT has developed its text books for all stages of school
education.
The Recommendation of the Commission is also being communicated to the State Governments
for appropriate action.
3. It is necessary to evolve a common
framework for the future and for that National Foundation of Communal Harmony be made a
statutory body on the lines of National Human Rights Commission.
(Page 237 Point No. 3)
Bodies like National Human Rights Commission (NHRC) are basically advisory
and their functions are different from those of bodies like National Foundation for
Communal Harmony (NHRC) which is responsible for executing/implementing schemes or getting
them executed through agencies in the field. The main objectives of National Foundation
for Communal Harmony are to provide assistance for physical, psychological and educational
rehabilitation of victims of communal, caste, ethnic and terrorist violence, etc. and to
promote communal harmony and fraternity. Conversation into a statutory body is not likely
to offer any advantage to National Foundation for Communal Harmony in terms of its ability
to implements its polices and programmes. It may, on the country, lead to increased
bureaucratization and resultant rigidity in organisation and procedures. There are several
examples of non-statutory bodies, like District Rural Development Agencies (DRDAs) in
every district, that are successfully and effectively implementing schemes through field
agencies.
4. Law
and order machinery in the State is to be
strengthened. Frequent, illogical and irrational
transfers of officers, especially of District Magistrate and
Superintendent of Police, are to be avoided. Proposal for transfer of
Superintendent of Police should emanate from Director General of Police in the State. IPS
and IAS officers who are on the cadre of Assam, Bihar, Madhya Pradesh and Orissa, while in
their respective academies, should be taught about the tribals, their culture, their
customs and their habits. These officers are being given lessons in the language of the
particular State to which they are assigned.
(Page 237 Point
No. 4)
A proposal for creating a Civil Services Board consisting of Chief Secretary, an officer
of the rank of Additional Chief Secretary and Secretary (Personnel/Appointments) as
Member-Secretary to ensure the stability of tenures of the officers of the All India
Services has already been taken up with the State Governments.
It may also be mentioned that the Hon’ble Supreme Court, in Vineet Narain & Ors.
Vs. Union of India & Ors., directed that the Central Government must pursue with the
State Governments and ensure that a credible mechanism is set up in each State for the
selection, appointment, tenure, transfer and posting of all police officers of the rank of
the Superintendent of Police and above. Since ‘Police’ is a State Subject, the
postings and transfers of the officers of the State Governments fall under the exclusive
domain of the State Governments and the Central Government can only issue advisories to
the State Governments in this matter. With a view to implement the above decision, MHA had
written to the State Governments on 6.3.1998 advising them to comply with the directions
of the Supreme Court.
With regard to the recommendation that IAS officers who are borne on the Cadre of
Assam-Meghalaya, Bihar, Madhya Pradesh and Orissa, while in their respective academies,
should be taught about the tribal, culture, their customs and their habits, it may be
mentioned that as a part of Phase-I of the IAS Professional training in the Lal Bahadur
Shastri National Academy of Administration in Mussorrie, the IAS probationers have to
undergo one-week’s tribal village attachment, during which they camp in the tribal
villages, conduct socio-economic survey and gain first hand experience about tribals’
culture, habits and customs. In the Academy they are provided inputs with regard to the
Constitutional provisions, tribal sub-plan and special strategies, for tribal welfare.
However the State Governments of Assam, Bihar, Madhya Pradesh and Orissa who look after
the district training of IAS/IPS probationers will be impressed upon the evolve a suitable
orientation capsule for the trainee officers so that they could be sensitised about the
tribals in their State.
5.
FIR registered in the case does not represent true state of affairs. It is certainly a
doctored document. Then there is the arrest of 51 persons initially in connection with
this case which was apparently without any reasonable basis. Their detention for over two
months in custody appears, prima facie, to be unjustified.
There should be an independent inquiry to find out the circumstances leading to the
recording of the FIR, arrest of innocent persons and how they are to be recompensed for
their illegal arrest and detention. Responsibility for this be fixed on the guilty be it
the State Government and/or its officials and necessary action taken.
(Page 238 –
Point NO. 5)
The Commission’s views are being communicated to the concerned State Government for
taking appropriate action.
6.
Intelligence gathering machinery also needs strengthening especially the community
intelligence.
(Page 238 –
Point No. 6)
State Governments and the Intelligence agencies both at the Center and in sensitive States
are being asked to prepare action plans to augment are capacity and capability of the
intelligence machinery right from the police station level to the State level with special
focus on community intelligence.
7.
There should be proper understanding of the provisions of the Orissa Freedom of Religion
Act, 1967 and the Rules made thereunder.
(Page 238 –
Point No. 7)
The recommendation is being brought to the notice of the Government of Orissa.
8. Visits
of VIPs need drastic curtailing as their visits
hamper investigation and there is every chance
of important evidence being lost by delay in investigation.
(Page 239 –
Point No. 8)
This view of the Commission is being communicated to the State Governments for appropriate
action.
9.
There should be a Code of Conduct for the political parties when their leaders make
statements without verification in a situation like the present one. Leaders cannot make
statements merely for gaining political mileage. Their statements should be subdued
and not to fan the fire when the atmosphere is communally surcharged. It is the duty of
everyone to have regard to each other's faith and to spread a message of love, peace and
kindness. Murder is a murderer to whichever faith he may belong. A criminal is a criminal.
Religion need not be brought in such matters. Allow the police to make independent
investigation of the crime uninfluenced by politics or religion or caste.
(Page 239 –
Point No. 9)
The Guidelines to Promote Communal Harmony issued by the Ministry of Home Affairs in
October, 1997 to all the State Governments already provide that Ministers and office
bearers of political parties should exercise maximum restraint and self-discipline in
making public utterances on any issue concerning communal disturbances. In pursuance of
the recommendations of the Commission, these guidelines are being reiterated.
Views of the Commission are also being communicated to the State Governments for
appropriate action.
9.
Media, both print and electronic, has also to exercise restraint. Screaming headlines
should be avoided which have the effect of misleading
the public and creating more tension and suspicion among different
communities. News headlines in the cases of rape of nun and murder of a Christian boy and
girl after rape have been noticed. One cannot imagine the damage that might have been
caused to the polity by such headlines and reporting. Reporting of communal strife should
not be done without proper verification or an ordinary crime given a communal twist.
In view of the
Government’s commitment to uphold the freedom of press, it would not be appropriate
to prescribe any Code of Conduct on reporting by the media, as it would be construed an
interference in their working. However, the Press Council of India, an independent,
statutory body under the Press Council Act, 1978 has been constituted to preserve the
freedom of press and maintain and improve the standards of newspapers and news agencies in
India. In furtherance of its objective, the Council has laid down detailed norms of
Journalistic Conduct, which includes guidelines for observance by the press/media/State
Governments in relation to communal disturbances. Doordarshan and all India Radio follow
their own programme code which inter-alia provides for exercising restraint in their
programme/reporting. Private TV channels, which are uplinking from India, are also
required to adhere to the Doordarshan/All India Radio programme codes.
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