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INDIA: Physical abuse, unfair dismissal, denial of right to livelihood and right reputation

April 26, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

25 April 2001

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UA-12-2001: Jesuit Priest abused by his own order - Case of Fr. P.J. Joseph S. J.

INDIA (KERALA) - Physical abuse, unfair dismissal, denial of right to livelihood and right reputation
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The latest UPDATE for this appeal is available at:
http://www.ahrchk.net/ua/mainfile.php/2002/215/ | http://www.ahrchk.net/ua/mainfile.php/2002/199/
http://www.ahrchk.net/ua/mainfile.php/2002/192/ | http://www.ahrchk.net/ua/mainfile.php/2001/166/
http://www.ahrchk.net/ua/mainfile.php/2001/163/ | http://www.ahrchk.net/ua/mainfile.php/2001/154/
http://www.ahrchk.net/ua/mainfile.php/2001/152/ | http://www.ahrchk.net/ua/mainfile.php/2001/148/
http://www.ahrchk.net/ua/mainfile.php/2001/141/ | http://www.ahrchk.net/ua/mainfile.php/2001/136/
http://www.ahrchk.net/ua/mainfile.php/2001/133/ | http://www.ahrchk.net/ua/mainfile.php/2001/129/
http://www.ahrchk.net/ua/mainfile.php/2001/125/ | http://www.ahrchk.net/ua/mainfile.php/2001/121/
http://www.ahrchk.net/ua/mainfile.php/2001/120/ | http://www.ahrchk.net/ua/mainfile.php/2001/119/
http://www.ahrchk.net/ua/mainfile.php/2001/113/ | http://www.ahrchk.net/ua/mainfile.php/2001/111/
http://www.ahrchk.net/ua/mainfile.php/2001/106/ | http://www.ahrchk.net/ua/mainfile.php/2001/101/
http://www.ahrchk.net/ua/mainfile.php/2001/96/

A Jesuit priest of 33 years in Kerala, India has been dismissed without justifiable reasons, physically assaulted and left without any means of livelihood. The reason for such abuse was some criticisms made by him of some persons of his order.

Fr. P.J. Joseph was a Jesuit priest for 33 years and reputed anthropologist who has written extensively on culture and religion. He opted for justice ministry in his order with the permission of his superiors. Below is his letter explaining the incident. The facts of the case have been verified by the AHRC.

Yesterday (24-04-2001) AHRC issued a statement to all our networks on this case. The statement consisting of two parts contains two documents explaining in details the circumstances of this case. Following urgent appeal is based on those documents. Other documents will be soon available at a website dedicated to this case which will be available through AHRC Web-site. We urge every one to take an active interest in this matter.


THE COMPLAINT OF FR. P.J. Joseph S.J., FROM THE JESUIT PROVINCE OF KERALA, INDIA

The Asian Human Rights Commission (AHRC) has received a complaint from Fr. P.J. Joseph. The letters containing the complaint are attached herein. He complains of inhuman treatment, unfair dismissal, physical assault and other forms of physical harassment, blackmail through gutter press and many other forms of abuse and violation of rights. Beside these complaints, AHRC is also in possession of many other documents relating to this matter, including articles and letters written by other priests in support of Fr. P.J. Joseph’s claims.

AHRC’s representatives were introduced to Fr. P.J. Joseph in Kerala by other priests. After interviewing him and several other priests, AHRC is satisfied that the facts narrated in the complaints are authentic. AHRC also became aware that in Kerala these incidents are well known and media had given considerable publicity to the events. There are also several court cases related to these incidents now before courts.

In AHRC’s view there are several issues of human rights violations involved in the case. They are:

- Right to life of a person who has given 33 years of his life to work as a Jesuit;
- Ambiguous nature of allegations against him and lack of serious and morally defendable investigations;
- Physical assault and throwing away of the body by persons under the direction and direct supervision of two Jesuit superiors;
- Use of gutter press for blackmail and damage his reputation;
- Dishonoring the agreement entered into between Fr. P.J. Joseph and the Society of Jesus as a result of intervention by a bishop; and
- Poor quality of human relations shown and the nature of dispute settlement methods used by his order in these incidents.

AHRC urges the Jesuit Superior General in Rome

?To initiate an open inquiry into all these matters with full representation given to Fr. P.J. Joseph;
?While the inquiry is taking place, to honour the conditions of the agreement entered into between Fr. P.J. Joseph and the Society of Jesus on 28 October with the intervention of Bishop of Calicut; The conditions were (i) Jesuit Provincial gets for Fr. Joseph incardination either in Calicut or Kannur dioceses where he worked 25 out of his 33 years as a religious in order facilitate his present work. (ii) to find him accommodation either in a Jesuit house or in a semi-Jesuit house in Malabar region. (iii) to give maintenance till his appeal cases given in the ecclesiastical as well as in the civil courts are heard (iv) to withdraw the false police cases they have filed against him;
?To especially inquire into the complaints regarding physical abuse and take appropriate action against those who have committed them. (These person have been named by Fr. P.J. Joseph in his letter) and compensate Fr. P.J. Joseph for such physical and psychological abuse;
?To ensure the means for livelihood for Fr. P.J. Joseph;
?To take appropriate actions to prevent such occurrences in the future.

AHRC is aware that the incidents mentioned here may disturb some persons, particularly from the West, who may be shocked to find such behavior from persons in such a reputed religious order. As AHRC has extensive experience in South Asia, it is not surprised by these events. Unfortunately, Catholic Clergy had adopted many aspects of the dominant model of priesthood in the region, which is Brahminism. Brahminism, which created the Caste system of India, has always used extreme forms of abuse against its opponents. Even throwing human excreta and urine on them was common. In fact, in 1989 the Indian government passed The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 to forbid such activities. AHRC is however sad to see a repetition of such type of behavior. If some progress can be achieved in this case it may become useful in establishing more humane dealings among religious and priests, with full respect for human rights and human dignity.


SUGGESTED ACTION

We request you to write to the Superior General of the Jesuits in Rome expressing your concern regarding this matter.


SAMPLE LETTER

Dear Father-General

I have learned of the case of Fr. P.J. Joseph and am shocked by the way he has been treated. I am particularly shocked by the physical assault of him led by two Jesuits, fabricated cases filed in courts on the basis of complaints made by some Jesuits, blackmail initiated by some Jesuits and carried out though a gutter magazine. Further, an agreement made with the intervention of a Bishop to end a fast made by him in protest, has been dishonored by Jesuit. Who episode of dismal of this Priest who had served the order for 33 years needs re-examination.

I urge you to make a credible inquiry into this matter, with representation given to him. Meanwhile, I urge that the agreement made with the intervention of Bishop of Calicut be honored and that he be re-instated and provided for. I also urge inquiries into physical assault on him in particular and suitable action to redress such assault and that all criminal actions made against him be withdrawn with due apologies.

Thank you.

Sincerely Yours


SEND LETTER TO

Superior General
Curia Generalizia
Compagnia di Gesu
C.P.6139
00195 Roma Prati
E-mail: curia@sjcuria.org

You may contact Fr. P.J.Joseph-SJ at following email address; "swamcri"

*** Please send a copy of your letter to AHRC Urgent Appeals:
Email:
Fax: +(852) - 26986367

Please contact the Urgent Appeals coordinator if you require more
information or wish to report human rights violations.
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AHRC Urgent Appeals Programme
Asian Human Rights Commission
Unit D, 7th Floor, Mongkok Commercial Centre,
16 - 16B Argyle Street, Kowloon, HONG KONG
Tel: +(852) - 2698-6339
Fax: +(852) - 2698-6367
E-mail: ua@ahrchk.org

Document Type :
Urgent Appeal Case
Document ID :
UA-12-2001
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.