India: Justice as a healing force An Interview

with George Pulikuthiyil

We need strong funding support for these developmental plans. My dissociation
with the church has closed all my avenues for resources. Lots of negative
campaigns had gone worldwide.
Interviewed by Nilantha Ilangamuwa-Jul 9, 2017
Jul 10, 2017

( July 9, 2017, Kerala Colombo, Sri Lanka Guardian) To my information, there

are around 3.5 million NGOs in India and according to reports, over 70% of them
are fake. I understand those fake organisations never file necessary documents
to the government, no proper auditing, no properly constituted governing body,
no annual returns, no audit reports etc., Reverend Father George Pulikuthiyil, an
eminent human rights defender told the Sri Lanka Guardian in an exclusive
interview.

Rev. Fr. George Pulikuthiyil is the Executive Director of Jananeethi, a Kerala, India,
based non-governmental organisation advocating human rights throughout the
country as well as in the region. In this interview, he has elaborated the area he
worked in last few decades.
Excerpts of the interview;
Question: Father, tell us about your story? How did you start the Jananeethi and
how far you have achieved the aims of the organisation?
Answer: I was ordained a priest in Catholic Church in the year 1981. I had lofty
ideals of my priesthood and the prophetic role each priest had to perform in the
community. I was good in public speaking, theatrical arts, sports and athletics. I
had proved myself a successful organiser as I was assigned by authorities to
different missions while a scholastic in Bangalore. Naturally I had ambitious plans
to dedicate myself for the renewal of the religious life in Catholic Church. That
was precisely the reason why I did not take up a teaching job in one of the leading
colleges in Kerala as was suggested by my provincial superior. My first
appointment was as the Director of an inter-religious cultural centre at Cochin,
Kerala. The first three years of my priesthood was there. I enjoyed my work and I
do believe I had performed very well as those years are recorded as the glorious
period of the institution.

RE-DEFINING THE CIVIL SOCIETIES

IN ASIA is our new initiative where we at Sri Lanka Guardian will bring
the broader perspectives on the civil society organisations in the region.
But priesthood disappointed me. My expectations of priesthood and the real life
within the enclosure of the religious house were mutually opposite. I was totally
disillusioned and confused. I had only two options. Either I should quit from
priesthood, or should remain and try to change from within. I preferred the
second. Because leaving priesthood would invite much social stigma. It would
have several ramifications that would damage my family, my relationships, my
public image and my future. I knew that Catholic Church in Kerala was a mighty
organisation that it would not allow anyone to challenge its structure and image,
how-so-ever meaningless it has been.
So I remained with my religious congregation, but changed the course of my
priestly functions. Most of my time I was with peoples movements, got involved
in social and cultural activities. Whatever I had planned to do within the religious
sphere, I started doing for the benefit of the open society. I took lead in several
movements that would oppose corruption in public offices, unethical practices in
business, violation of civil liberties and forceful land acquisitions taking away the
livelihood of the ordinary people. My popularity disturbed the local bishop and he
started complaining to my provincial superior that I was influenced by communist
ideals and that I was challenging authorities etc. The bishop formally banned me
from all catholic institutions including churches. Finally, in 1987 I suspended my
activities for time being and left for Mumbai to take up a degree course in law. In
1990 I came back to Kerala, started practice of law in Kerala High Court from
1991.
I wished to become a lawyer not to make money or fame. I wanted myself to be
the defender of the defenceless, to be the voice of the voiceless. I had all formal
permissions and approvals from my provincial superior to pursue law and to
practice in the court. My legal services (I call it my mission), as it was part of my
priestly& prophetic commitments, was given free of costs. And it was intended
primarily for the poor, the weak, the vulnerable and the marginalised. It was pro-
poor and victim-centered. In 1992, Jananeethi was registered as a Charitable Civil
Society Organization under civil law, a platform for secular collective of human
rights defenders, eminent jurists, retired judges, professionals, social activists and
students of law and social work.
In short time there was lot of public talk about my services and many poor and
oppressed persons, mostly women and those living with disabilities, visited
Jananeethi seeking redressal of their grievances. Much of their complaints were
against big establishments including church institutions. Naturally, I irked the
clerical entrepreneurs and religious congregations that started complaining to my
then provincial superior against my harassment. He asked me not to disturb
church officials and church institutions but can proceed vehemently against the
laymen. I told him that when a bishop/priest/nun was wrong, he/she was wrong.
Law applies to all. All are children of God, and all are equal before law. He then
told me, we as clerics and church personnel never do wrong. We should stand
united. I dont want you to challenge our people. You shall not do it.
I refused to accept his logic. I told him that was not the Christ-ian way of looking
at things. I had to disobey him. I raised my conscientious objections, but it was
not intelligible to him. He served me three warning letters. I politely disagreed
with him and held my conscience as always right. Finally, my congregation
formally and arbitrarily dismissed me from the religious congregation where I
lived 25 years as a priest, and another 15 years as a scholastic. Now, God alone
can dismiss me as I am not under anyone else in His name.
I continue my work in Jananeethi though there are personal limitations of age,
health and loneliness. But I still remain in my priestly and prophetic commitments
being translated in my service to the people. My colleagues in Jananeethi are my
family and congregation. They are honest, committed and unbiased. Jananeethi
has no religion, no caste, no party politics, no profit motive. We work for the
freedom, dignity, equal rights, livelihood, human rights, civil liberties and
environmental protection with like-minded people and groups beyond borders.
Jananeethi has completed 25 years as a change maker. Much before the Supreme
Court of India directed high courts and district courts to conduct Mediation and
Settlement of disputes out of courts in 2002, Jananeethi had initiated the same
from 1991. Jananeethi created the first Litigation-free Village in India in the year
2000 at Thichoor, in Kerala. Parliament of India passed Protection of Women
Against Domestic Violence Act in 2005, but Jananeethi had commenced the same
service from 1993 for victims of domestic & sexual violence. Psycho-legal
therapeutic services of Jananeethi for healing justice still remains unique and
innovative in the area of restorative justice. For the first time in India, Jananeethi
has initiated a Certificate Program on Business & Human Rights in law schools and
national law universities inculcating human rights values in the minds of young
executives and professionals. Since 1991 Jananeethi has been able to help more
than 3000 persons/families a year to access justice through alternate dispute
resolution (ADR). This was intended to avoid unnecessary delay in judicial
adjudication and to save hard-earned revenue of the poor citizens. The process
was democratic and participatory. Jananeethi introduced sensitization workshops
in rural areas through its association with the ICDS network in Kerala. Women on
average of 5000 numbers in a year have been trained in elementary legal
principles so that they could be watch-dogs of any untoward incidents on women
at home and in society. The State Womens Commission has now adopted this
idea in the name of Jagratha Samithy under the local self-governments. From the
year of its inception, 1991, Jananeethi has been organising
several neethimelas (settlement of disputes in public with peoples participation)
in a year in order to reduce the workload of the courts. Dozens of pending civil
cases and minor criminal complaints were amicably settled on such occasions.
Now adalats are conducted on weekly basis in every district court of Kerala State.
However, I feel Jananeethi has to do lot more. I wish to develop Jananeethi as a
resource centre for research, intellectual exchanges and dissemination of news
and views on democracy, human rights, migrant labour, human trafficking, gender
justice, environmental justice, justice education, business & human rights,
livelihood rights, minority rights etc. We also wish to develop a training centre for
para-legal volunteers, social work students, geriatric carers, service providers,
nursing professionals etc. It is also our wish to facilitate and organize like-minded,
value-based men and women to start a Adult Community Living to counter the
emerging fascist tendencies in the Indian society.
We need strong funding support for these developmental plans. My dissociation
with the church has closed all my avenues for resources. Lots of negative
campaigns had gone worldwide.
Q. According to the reports, there are over two million NGOs in India. How did
you place the Jananeethi among them?
A. To my information, there are around 3.5 million NGOs in India and according to
reports, over 70% of them are fake. I understand those fake organisations never
file necessary documents to the government, no proper auditing, no properly
constituted governing body, no annual returns, no audit reports etc. It is the duty
of the government to identify such organisations and deal them as per law. But
the government does not do its job; on the other hand it goes on alleging that all
NGOs are fake and wrong doers. Those who oppose anti-democratic, anti-people,
communal, fascist policies of the government are notified as criminal
organisations and anti-national organisations according to the government.
Jananeethi, from the very beginning, has meticulously followed all directions and
rules of the registered organisations. Jananeethi has income tax exceptions as per
IT Act under its Sections 12 A and 80G. Jananeethi has been allowed FCRA till
2021 by the Government of India. Jananeethi has national accreditation for its
TRANSPARENCY and ACCOUNTABILITY by national bodies like i) Guide Star India,
and ii) Credibility Alliance. The General Body of Jananeethi has presently 97
lifetime members. The General Body meets once in a year and elect 9 member
Board of Directors. The Board will remain in office for 3 consecutive years and
may be re-elected as the case may be. The Board meets once in two months. The
Executive Committee of Jananeethi has 11 members and meets twice in a month.
There is also a 9 member strong Advisory Committee consisting of eminent
personalities across the globe to advise and guide Jananeethi.
Q. In the mission statement of the organisation you have formulated says that
Jananeethi conceives justice as an incontrovertible right that should heal those
who are broken and wounded due to oppression and exploitation. Tell us the
situation in the past and how it has been improved with your immense
contribution?
Justice as a healing force:
A. The capital of Jananeethi is its commitments to people who are deprived of
their basic rights and amenities, and those for whom litigation process is
unaffordable. They are bleeding in their memories and hence they stand in need
of justice that should heal them. The idea of justice as a therapeutic intervention
can be seen in the historical narratives of many indigenous or aboriginal
communities. However, in the march of modernity, this ancient intuitive
interpretation of justice was superseded by normative and rational ones,
adversarial in nature. But of late there has been a resurgence of academic and
practical interest in justice as a healing force. Jananeethi during its 25 years
existence has experimented with this approach and has found highly successful in
bridging people for building peace and reconciliation. During this period the
organisation has grown from a leap of faith to a recognised institution providing
legal, social, psychological, physical and emotional support to over 3000 persons
in a year, vast majority of who are the most disadvantaged and disengaged in
society. The target population of its services has generally been victims of
domestic & sexual violence, corruption, hate politics, communal polarisation,
caste & ethnic bias and mal functioning of the law enforcement & judicial
institutions.
Therapeutic approach:
Over the last few years, from 2000 to be more specific, we at Jananeethi have
noticed that many of the aggrieved persons who sought the help of Jananeethi for
legal reasons were in need of psychological help too. The need of a clinical
psychologist in our office, therefore, was very much felt more than ever in the
past. We recognised that the petitioners/complainants were rather seeking a
holistic remedy not exclusively legal but psychological as well. Chronic
depression, fear, anxiety, schizophrenia, bipolar disorders, hallucination,
obsessive compulsory disorders were among the common symptomatic disorders
found in our clientele. Therefore, one of the experienced lady officer of
Jananeethi was given professional training in clinical counselling and thereafter
both the law officer and the clinical psychologist together started attending the
petitioners. Jananeethi is committed for holistic healing in terms of its legal, social
and psychological realms and hence we introduced befriending as an initial step
in preparing the person for legal counselling followed by legal action, if so
required. Befriending alone was not enough and so clinical support through
counselling, capacity building and rehabilitation were offered. Thus through a
well-knit process of law and psychology, Jananeethi has arrived at what we call
today therapeutic jurisprudence. However, it should be noted, it is not an
academic or intellectual exercise for Jananeethi; rather it is an act of human rights
intervention at the grass root level, reaching out to the victims depending on
specific contexts/cases.
Therapeutic Jurisprudence is a psychological construct, possible only through a
clinical process. As we are concerned, law takes the role of a therapeutic agent. It
is an interdisciplinary enterprise between law, human rights, psychology,
psychiatry, criminology, criminal justice, mental health and philosophy.
Therapeutic Jurisprudence utilises psychological concept to determine ways in
which existing domestic laws and international human rights standards can
enhance the well-being of people afflicted by torture, cruel and inhuman
treatment and organised violence. Further, it explores how in consonance with
the principles of justice, knowledge, theories and insights of mental health and
related disciplines can help the development of law. What the wrongdoers say
and do after having committed a wrong, can influence the victims forgiving
process. Although the difference is not significant, victims are notably less
forgiving when the wrongdoers offered excuses.
The concept of therapeutic jurisprudence, according to Jananeethi is different
from the reconciliation and peace approach of the Catholic Church. Without
justice, we believe, peace can never be restored; any restorative process has to
be founded on the principles of equity and fairness. The modern restorative
justice movement is a victim-centered approach to doing justice that focuses on
healing the harms caused by crime rather than on punishing the offender.
Victims, offenders and the community are said to be equal stakeholders in the
restorative process because all are harmed by crime and all require healing after a
crime has been committed. But can we equate the victim with the offender? An
act of offence cannot be over simplified, either. Therefore, the victim comes in
focus and it is the victim who decides the course of restorative justice, of course
with the support and guidance of civil society.

Jananeethi, being a right based organisation, tries to impress the victim at the
very beginning that he/she is seeking only what is legitimately entitled to him/her
and, not a charity. The victim is received with profound respect and personal
concern, is offered hospitality and friendship, shares meals or refreshments, is
given ample time to relax and to confide to whom-so-ever he/she feels free to do
so. During the initial conversation he/she will be invited to share on the family,
social, economic and psychological backgrounds rather than jumping into the
legal complexities. This process will help Jananeethi (service provider) to discern
the problems, from psychological, social, legal and personal angles. Until the
victim is psychologically settled and comforted, legal issues will not be taken up,
unless the nature of the offence demands immediate medical or circumstantial
documentation. Taking up the legal issues means initiating clinical legal education
through which the victim is sensitized and made aware of the different
implications of the offence civil and criminal the gravity of the offences
committed, the rights violated, remedies available under domestic and
international laws and steps to be taken toward adequate compensation and
prosecution of the offender. The victim is assisted to draft petitions to be filed
before the appropriate authorities, judicial and human rights institutions, giving
thoughts to alternate procedures and remedies. Taken into account the nature of
the offence committed, the victim is advised and assisted to prepare urgent
appeals and to disseminate to national and international human rights network
for speedy and effective reparations.
Thus Jananeethi assures the victim that whatever available in law shall be
accessible to him/her without fail and that legal procedures are set in motion.
Common people are not aware of their rights and constitutional remedies
available to them as legal entitlements. Section 89 of Civil Procedure Code in India
provides mediation and settlements outside the court. The State Legal Services
Authority h as vast provisions for negotiated settlement of disputes. Alternate
Dispute Redressal has been legally acknowledged and approved in India judicial
system. Merely an order of conviction of the offender and monetary
compensation to the victim do not remove the pain and shame that are necessary
consequences of any offence committed. Hence Jananeethi initiates talks with all
parties concerned, of course with a mandate given by respective persons. The
primary aim is to ameliorate the pains and stains attached, to mend the
relationships, to bring all involved around a table to explain and to explore various
options available for healing the wounds inflicted and restoring the social
tranquillity that was disturbed. In ordinary instances this process will arrive at
certain consensus with regard to the compensation and reparation of the damage
caused. Damages are not physical or material alone. What about the mental
trauma and social stigma, and those memories that bleed profusely? Feelings and
memories are to be adequately addressed. Jananeethi, therefore, introduced,
during the process, yoga, meditation and music therapy that would substantially
accelerate the healing process.
Therapeutic Jurisprudence is a psychological construct, possible only through a
clinical process. As we are concerned, law takes the role of a therapeutic agent.
It is an interdisciplinary enterprise between law, human rights, psychology,
psychiatry, criminology, criminal justice, mental health and philosophy.

The social and emotional support to the victims includes rehabilitation providing
short-stay homes, arranging schooling for their children, part-time/full-time
employment of the victim for self support etc. Medical examination and
continuing treatment will be required in selective cases. There are other dynamics
for total healing like group activities, music, painting, humanitarian services,
entertainment programmes and such other engagements that would bring
desired results.
Therapeutic Jurisprudence is not something pertaining to lawyers and judges
alone. It involves the entire society, necessitating the interventions/supports of
many segments of society. One possible danger in the process, unless monitored
closely and diligently, is that the victims will be forced to compromise on their
legitimate rights and constitutional guarantees leaving the offenders go unhurt
and unaccountable. In such instances memory will remain unhealed. Often the
offending party will have an upper hand over the victim and is rich and influential
even to the extent of manipulating and defeating the cause of justice. This is the
heavy responsibility of the service provider that mediates the process.
Q. What are the major obstacles in the state apparatus such as court system,
the policing system in your state?
A. We work in Kerala State. As per information we gather from many sources, the
Kerala situation is much better. That does not mean we are happy with our law
enforcement institutions including courts, police and human rights institutions.
They are far below the standard we wish to have. What is happening in the
country reflect in our courts and police department. Communal and fascist
tendencies are on the increase. Respect for human rights, democracy, rule of law
are not seen anywhere. The biggest violator of law and constitutional rights is the
government, be it the government in the Centre or in the State. Judges from the
apex court to the lowest court have shocked the country and scandalised the
people by their unethical, unlawful and idocritic statements and judgments. As a
result we have lost much of our faith and confidence in the courts and other law
enforcement bodies. When all the three pillars of democracy the legislature, the
judiciary and the executive are corrupt and wrong, democracy becomes a
mockery.

Q. How many activists are working in the organisation and what are the major
cases that you are handling?
A. Jananeethi has six full-time staff including me as executive director. All except
me are paid monthly salaries from Rs 20000 to 30000. We have around 10
volunteers who come to our help on call. We get law students for short periods
from many national law schools and law colleges who come for internship. We
also get students from foreign universities for 3-6 months for grass root level
experience.
Jananeethis main objective is NOT to conduct cases, rather we try to avoid going
to the court for obvious reasons. But of course, we cannot rule out courts and
adjudications, as that is the last alternative in a given system. We normally go to
courts for filing Writ Petitions on public interest matters. Presently there is no
pending case. Financial problem in Jananeethi does not encourage filing of too
many cases in courts.
Q. How do you maintain the national, regional and international network to
enhance your activities?
A. Jananeethi is open to networking with any credible and value based NGOs at
home and abroad. We are always ready to be part of any legally correct and
ethically sound initiative anywhere. In India we are often invited by few national
NGOs for workshops and seminars, but we are not associates/members of any
except for Human Rights Defenders Alert India (HRDA) and All India Network of
NGOs and Individuals working with National and State Human Rights Institutions
(AiNNI). Among international NGOs we have working relationship with OMCT,
May 18 Memorial Foundation, FORUM-Asia (applied for membership), Human
Rights Watch and Amnesty International.
Q. Who are your partners, and what are the basic requirements that you
consider in selecting the partners?
A. Jananeethi does not have any partner in India or outside. In 2017 we have a
small project (Health Transparency Initiative Kerala) which is supported by
Washington-based Partnership in Transparency Fund (PTF).
Q. According to available information we have, Jananeethi is maintaining a high
moral and ethical reputation among the people in Kerala and elsewhere. But,
there are NGOs earned nothing but bad reputation when it comes to financial
accountability and transparency. How does it damage the reputed works
conducted by the organisations like Jananeethi?
A. It really affects very badly. We are ashamed of being named as NGO. We now
prefer to be known as Civil Society Organization (CSO). Again there is a problem of
accountability and transparency. I used to argue on all platforms that there
should be some sort of arrangement like Ombudsman that should be able to look
into complaints/allegations against NGOs/CSOs/CBOs etc. Political outfits,
communal organisations, commercial organisations, religious organisations are to
be dealt separately from secular non-governmental, non-partisan, non-profit and
voluntary movements/organisations.
Q. Father, have you had any bad experience by selecting activists, advocates or
colleagues to work in your organisation?
A. I am extremely careful in choosing persons for working with me. As I am not
able to pay attractive salary, only committed and value based people will apply to
Jananeethi. We do not have vacancies kept for job seekers. Those who are
aspiring for a placement should prove to me what he/she is going to do through
the organisation. In case the person seems to be not fitting to the work culture
and personnel policy of Jananeethi, I will see that person is out in six months
time. Our personnel policy is very comprehensive. There is no room for a person
not inconsistent with our cherished values.

Q. One of the major

newspapers in London has run a nice title over the Prime Minister Modis
decision on the NGOs a few months ago. When 180 million people live in
poverty, why is Indias PM waging a war against NGOs claiming to help those in
need?, the newspaper asked. What is your take on this very subject?
A. The reason is simple. Narendra Modi is not the PM of India, he is the PRO of
Adani and Ambani. His international tours are not for promotion of Indias foreign
policies. He wants to enhance the empire of Adani and Ambani. He wants to
organise all rich Hindus around the world to build a Hindu Rashtra. Unfortunately,
we do not have an Opposition party in the parliament to challenge this man. We
have only NGOs that are occasionally challenging/criticising Modi and his
government. Therefore, for him NGOs are his opponents. They are to be finished
to facilitate his anti-people and undemocratic policies. Of late he will consider
farmers and Dalits along with NGOs as his rivals.
Q. Do you know any other regional or international organisation which is
genuinely supporting the victims of human rights in Kerala?
A. There are of course some groups/secular collectives that are genuinely
supporting/helping victims of human rights violations in Kerala. But they are not
strictly regional or international organisations. They are not registered or do not
come under any structured system. They do not believe in that. You can call them
forum or a platform. There are different types of people among them. Some
may believe in using force/violence, some may not. Therefore Jananeethi finds it
difficult to be fully involved in such movements/forums. But on issue based
programs, we do participate in joint programs for the protection of human rights,
gender rights, environmental rights etc.

Q. Please feel free to tell us, if we missed anything that you think important to
let the people know?
A. Many of the major international NGOs are of western origin. They often miss
the Asian perspectives/experiences in policy-making. Therefore it is high time to
have Asian organisations to come up and take lead in Asian concerns. Perhaps, I
believe, FORUM-Asia, a Bangkok-based human rights organisation, can think of
taking this challenge. Some time ago, I had a hope that Asian Human Rights
Commission, a Hong Kong-based human rights group, will occupy that seat in
Asia. That did not happen.
We all at Jananeethi are really pained at heart seeing the cruel and atrocious
treatment of Rohingya communities in Myanmar. There was time we all strongly
supported Aung San Suu Kyi while she was in house arrest by the military regime.
But now she has turned to be much more brutal than her persecutors in crushing
out the Rohingya community in Myanmar. All human rights groups in Asia should
join against her. I believe we have a responsibility for that as we all had whole-
heartedly supported her for several decades.
Click here to visit Jananeethi
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