Human Rights
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Cynthia Keppley Mahmood. Human Rights Review, June 1999
Brief Biography
Cynthia Keppley Mahmood received the Ph.D. in Anthropology from Tulane
University in 1986 and is currently Associate Professor of Anthropology
at the University of Maine. Her academic work focuses on ethnic and
religious conflict in Europe and Asia. Her book on Sikh militancy,
Fighting for Faith and Nation, was published by the University of
Pennsylvania Press in 1996, and she directs a series of books on The
Ethnography of Political Violence at that press. She is frequently
called on as a consultant on Sikh affairs by government agencies in the
United States, Canada, and the United Kingdom, and serves as expert
witness in courts of law on cases relating to Sikhs. Cynthia Mahmood is
currently working with human rights groups in Punjab to document the
disappearances and cremations that occurred during the recent period of
political upheaval in that state.
I am an anthropologist. We anthropologists deal in bones - at least,
that’s what the general public usually thinks of us: the excavators of
pots and bones, the documenters of the past. But my kind of bones are of
a different variety; dust has not had time to accumulate on them, loved
ones have not yet turned the images of their deceased to distant
memories. The grief is fresh.
The moment I decided to become involved in human rights is clear in my
memory. I was sitting in a living room with a group of Sikh women and
men, taping their narratives of terror and resistance for my book on the
Punjab conflict. I had been invited to lecture at a human rights forum
to be held in Calgary, and I was discussing with the Sikhs whether this
was or was not an appropriate role for me as a scholar. A product of
late twentieth century academia, I knew all the ins and outs of
professional ethics, "protection of human subjects," and so on, and so
on. (We have all become, if nothing else, good talkers.) In the midst of
elaborate discussion the Sikh gentleman next to me, who had been silent
up to this time, took my hand and placed it on his blue-jeaned thigh. I
was shocked to realize that my hand was actually resting directly on his
bone, that his upper leg was grotesquely devoid of muscle and flesh. He
was literally skin and bone, this concealed by the bagginess of trendy
denims. I saw the folded-up wheelchair in the corner of the room at the
same time as I noticed this man’s eyes, welling up with tears which
fell, then, down over his cheeks and into his black-as-ink Sikh beard,
full and proud. He didn’t say a word still then, just sat and looked
silently, straight ahead, my hand, immoveable, on his thigh.
"The Roller" is a particular contribution of the Indian police and
security agencies to the global technology of torture. A heavy log is
placed on the upper legs of a person, and is rolled up and down the legs
while officers weight the ends by standing on them. The effect of "the
roller" is excruciating pain, with - in most cases - no permanent
medical evidence. In this case, those purveying the agony of the roller
went too far; the individual’s muscles were crushed and torn
irreparably. I later learned that the police officer responsible for
this Sikh’s crippling was in fact known; people called him "The Roller"
as a nickname, so enamoured was he of this characteristically Indian
technique.
What can one say of an ethnographic moment such as this one? Words fail.
In this case, our conversation was cut short; we sat in silence, then
moved on to other topics. I understood that I would speak on human
rights, and everyone around me understood that also, I believe. Some
things just cut right through all manner of academic hesitations and
contortions, and having one’s hand right on the bone of another human
being is one of them. I spoke at that Calgary symposium, and have
continued to speak and to write and to testify since then.
I believe in what Ruth Behar calls a "vulnerable" anthropology, one
which doesn’t exclude human-to-human responses and attachments but
celebrates them. The vulnerability here refers to the anthropologist, by
the way, not to her "informants" (old term) or "interlocutors" (new
term), who have always been somewhat vulnerable in the context of the
power relations that classically framed anthropological research. Making
ourselves vulnerable to those we learn from is another thing; it really
is "anthropology that breaks your heart," as Behar subtitles her essay
on this posture.
Though this is now considered to be part of a newly-empowered feminism
in anthropology, women have long written about their involvement in
cultural studies in deeply personal terms. Edith Turner dared to write,
of her fieldwork among the Ndembu with Victor Turner in the 1950’s, "I
would like to call [this] advocacy anthropology in the female style,
that is, speaking on behalf of a culture as a lover or a mother."
Laughable in the science-oriented culture of academic anthropology in
the fifties, writing as a lover/mother has become, if not exactly
respectable, a part of the anthropological scene that will not go away.
Many of us, trained by that fifties generation to keep our distance from
our interlocutors scrupulously, have now had to relearn the basics of
tears, warm embraces, outbursts of anger, and shared confidences that
mark human relations everywhere. A Sikh stranger, with a single eloquent
gesture, reminded me that the anthropologist I was playing at being was
not really who I was. I am not a person who can ignore the fact that
people with crushed leg muscles are sitting next to me, and that I am in
a position to help them.
When we write ethnography in these circumstances, we are vulnerable as
authors in a way that more "neutral" scholars are not. Open to the
other, we take him into ourselves, we live, eat, breathe Sikhs with bony
thighs and shiny wheelchairs. When we write, this writing comes very
easily - spills out, gushes out - because it is coming from within
ourselves. A long time student of Zen, I am familiar with the notion of
"writing down the bones," the practice of so absorbing a subject that it
is embedded in one’s very skeleton, then simply expressing it outward.
Many people know about Zen archery, but as far as I know nobody has
imagined a Zen ethnography. But that is what I do, now with some
existential sort of confidence - I write bones, my own and those of the
Sikhs, irrevocably entangled, turning to dust in tandem in this unique
brief moment they and I share on this planet earth.
The Story of Khalra and Dhillon
Jaswant Singh Khalra was a Sikh who rose to a leadership position in the
Akali Dal, the main political party representing this religious minority
in India. The Sikhs, about two per cent of the total population there,
are largely congregated in the state of Punjab in the northwest, the
heartland of the Sikh faith. The "Singh" in Jaswant Singh Khalra’s name
appears in every male Sikh name; it means "lion" and was a title
bestowed upon the Sikhs by their tenth Guru, Guru Gobind Singh. Jaswant
Singh Khalra kept the five signs of the Sikh: the unshorn hair bound up
into a turban, a comb symbolizing purity, a steel bangle, a special sort
of undershorts, and an omnipresent dagger or sword. The Sikh community,
begun with its first Guru in 1469, is committed to principles of
monotheism, equality, truth, and compassion.
In 1947 when the Indian subcontinent was partitioned by the departing
British, most of the Sikh population ended up on the Indian side. In the
over fifty years since Independence, this distinctive minority has had
several key moments when its interests clashed with those of the central
government. In the 1960’s, a movement for the protection of the Punjabi
language resulted in the creation of a Punjab state where, for the first
time, Sikhs wound up as an electoral majority. In the next decade this
new state faced serious issues regarding economic matters such as the
distribution of river waters (critical for the irrigation on which this
"breadbasket of India" depends) and hydroelectric power (critical for
Punjab’s underdeveloped industrial sector). It also faced the remaining
political question of a capital city - Chandigarh, oddly, being
designated as the shared capital of Punjab and the neighbouring
Hindu-majority state of Haryana. There was also the continuing
undercurrent of religious grievance, of the sense that the Sikhs were
the target of discrimination in the Indian polity and of the fear that
Sikhism as a separate religious identity would fade as Sikhs were
absorbed into a wider Hindu-Indian identity. By the early 1980’s, these
issues came to a head in the formation of an armed Sikh separatist
movement which sought an independent nation of Khalistan - a proposed
Sikh homeland analogous to Pakistan, created out of British India in
1947 as a homeland for the Muslims. The crackdown against this
insurgency was drastic; human rights abuses skyrocketed, thousands upon
thousands of Punjabi Sikhs were detained, tortured, raped, and
extrajudicially executed.
The Akali Dal political party developed a Human Rights Wing as troubles
between the Sikhs and the Indian government escalated during the 1980's. Jaswant Singh Khalra became the Chairman of this unit, assisted by its
General Secretary, another turbaned Sikh named Jaspal Singh Dhillon.
Reports reached the Human Rights Wing of the Akali Dal that Sikhs
throughout Punjab were disappearing without a trace, claimed by
government officials to have fled abroad to join the insurgents fighting
for an independent Sikh state of Khalistan, but declared by many of
their relatives to have been innocent and uninvolved civilians. In 1994
- after about ten years of full-scale insurgency and counterinsurgency -
Khalra and Dhillon embarked on a quest to discover and document what had
happened to the disappeared Sikhs. The end result of this investigation
was that Khalra himself was "disappeared" (later discovered to have been
tortured and killed) and that Dhillon was taken into police custody on
charges of conspiracy to aid militants in a planned jail break. Khalra’s
widow now pushes on for justice in the memory of her husband, Dhillon
remains in jail today, and other human rights workers have taken up the
cause of finding out what happened to the missing Sikhs. The numbers of
missing appear to be minimally in the thousands - possibly in the tens
of thousands.
Although unidentified bodies had been found in Punjab’s fields with
regularity over the past ten years of political turmoil, and although
Sikh bodies with hands tied behind their backs with their turbans were
frequently fished out of canals not only in Punjab but in nearby
downstream states as well, Khalra and Dhillon focused their
investigation on cremation grounds. (It became known colloquially as
"the cremation grounds investigation.") Their suspicion was that most of
the missing persons had been extrajudicially executed by police and
security forces and that most of the bodies may have been secretly and
untraceably disposed of through mass cremations. So they began their
investigation by examining records of three major crematoria, those of
Durgiana Mandir, Patti, and Tarn Taran. In these three alone, records
showed that police cremated three thousand bodies as unidentified and
unclaimed during the ten-year period 1984-1994. It is believed that
there are, in total, fifty such cremation grounds used by police across
Punjab.
The Khalra-Dhillon team found that the largest number of cremations took
place at Durgiana Mandir in Amritsar. Although officials at the
cremation ground refused to allow the investigators access to their own
records, they directed Khalra and Dhillon to the Amritsar Registry of
Births and Deaths. This municipal registry cited two thousand cremations
by police during the ten-year period. Looking closely at 1992 - the
first year of Chief Minister Beant Singh’s government, committed to a
crackdown against militancy - Khalra and Dhillon found that 300 bodies
were burned by police at Durgiana Mandir in that single year.
At Patti, cremation grounds records were made available from 1991 to
1994, during which time 538 bodies coming from ten different police
stations were burned. At this crematorium, Khalra and Dhillon had a
chance to talk with officials directly involved in the disposal of
bodies. They reported that
Officials at the cremation grounds informed us that on some days
only 2 bodies were brought by police while on other days even 10
bodies were brought together. Although firewood was purchased
for the cremation of one or two bodies, on many occasions
several bodies were cremated together. Another official, who
got posted to the Patti cremation ground about 7 months back,
informed us that the bodies brought back by the police were never
cremated on the built up concrete platform but were cremated in
the ditches and neglected portions of the grounds. As more than one
body was cremated with the firewood sufficient only for one body the
limbs would mostly remain half burnt or charred. This official on
assuming charge of the cremation ground gathered a large number
of limbs and after sealing them in a bag dumped them in the Rajasthan
feeder [canal] close by.
A prominent citizen of Patti whose land adjoins the cremation ground
told the investigators that stray dogs would often carry half-burnt
limbs to his fields, which he would periodically gather together and
cremate himself.
Receipt books showing the allocation of firewood at Tarn Taran note that
700 unidentified/unclaimed bodies were brought by police during the
ten-year period 1984-1994. Tarn Taran was a hotbed of militant activity,
and "encounters" with police and security forces were a near-daily
occurrence. Newspapers showed graphic photos of slain "terrorists" (some
of whom were indeed militants and others of whom were innocent
civilians), and the numbers of "terrorists" killed went up as cash
bounties were offered to police. The road to promotion and advancement
among Punjab’s police was indeed through the slaughter of "terrorists."
Though few people questioned how police could at the same time identify
someone as a ‘terrorist’ and then cremate him as 'unidentified/unclaimed,'
a few individuals did investigate further. Mr. Baldev Singh, whose son
Pragat Singh was reported as having been killed in an "encounter,"
testified that he went to the hospital where his son’s post-mortem
examination was to be carried out. An employee at the hospital told him
that the police had already taken his son’s body for cremation,
whereupon Baldev Singh rushed to the cremation ground. He says,
The pyre had already been lit. Pragat’s head was burning but the
rest of the body had not yet caught fire. I removed the logs from the
pyre. The body was indeed my son’s. There were many bullet
marks on his body under his left shoulder. The police were
burning him as an unidentified person, whose body no one had
come to claim. There was nothing I could do.
In 1995 the Human Rights Wing of the Akali Dal filed Writ Petition No.
900 in Punjab and Harayana High Court to request an inquiry into the
possibility of mass illegal cremations in Punjab. However, the High
Court dismissed the petition on grounds that it was too vague, and that
the petitioner had no standing in the matter. Following this, a human
rights group known as the Committee for Information and Initiative on
Punjab moved the Supreme Court of India under Article 32 of the
Constitution to demand a Central Bureau of Investigation (CBI) inquiry
into the matter. It alleged that persons had been cremated as
unidentified and unclaimed, not because their identities were not known
or knowable, and not because there were none to claim them, but by
virtue of a systematic policy of extrajudicial execution and secret
disposal of corpses.
While the petition before the Supreme Court was still at the preliminary
stage of hearing, uniformed constables of the Punjab Police abducted
Jaswant Singh Khalra from outside his house on 6 September 1995.
According to affidavits sworn by Khalra’s colleagues and acquaintances,
among them some of the most prominent citizens of Punjab (a former High
Court judge and the head of the foremost religious organization of the
Sikhs), Khalra had been receiving threats from the Senior Superintendent
of Police of Tarn Taran, one Ajit Singh Sandhu. They testified that
Khalra had been told to stop the investigation into the matter of
illegal cremations and that he had been warned explicitly that "we can
make one more body disappear, too." Khalra’s wife petitioned the Supreme
Court for a writ of habeas corpus, and the Court then instructed the CBI
to investigate not only Khalra’s abduction, but also the larger issue of
illegal cremations.
The CBI eventually held police officials of Tarn Taran responsible for
Khalra’s abduction. It submitted a report on illegal cremations to the
Supreme Court in December of 1996, which the Court opted to keep secret.
The Supreme Court observed however that "the report discloses flagrant
violation of human rights on a mass scale," and it ordered India’s
National Human Rights Commission (NHRC) to look into the matter further.
The NHRC is a body with a limited mandate, however: it cannot
investigate wrongdoings by security forces, it is unable to investigate
cases more than one year old, and it can only make recommendations not
policy. A complicated legal dispute arose over whether the NHRC could
actually carry out the mission assigned it by the Supreme Court. As the
process of investigation and exposure appeared to be stalled,
independent human rights groups took up the challenge of continuing
Khalra’s work. Khalra himself was at that point considered
"disappeared," presumed dead. His associate
Jaspal Singh Dhillon pushed on.
On 9 November 1997 the Committee for Coordination on Disappearances in
Punjab came into existence as a coalition of various human rights
organizations and individuals working on the Punjab issue. It sought to:
a) develop a voluntary mechanism to collect and collate information on
disappeared people from all over the state of Punjab and to ensure that
the matter of police abductions leading to extrajudicial executions and
illegal cremations proceeds meaningfully and culminates in a just and
satisfactory final order; b) evolve a workable system of state
accountability, and to build up the pressure of public opinion to
counter the government’s bid for immunity; c) lobby for India to change
its domestic laws in conformity with the UN instruments on torture,
enforced disappearance, accountability, compensation to victims of abuse
of power, and other related matters; and d) initiate a debate on vital
issues of state power and its distribution and to work for a shared
consensus on these matters with
communities and organizations all over India. Ram Narayan Kumar, a
Hindu-origin human rights activist who had previously worked with
victims of the Bhopal Union Carbide disaster, was selected as Convenor
of the Committee, and the first meeting was held in honour of the
disappeared Jaswant Singh Khalra and conducted by retired Supreme Court
Justice Kuldip Singh.
From the Committee for Coordination on Disappearances came the notion of
a Peoples’ Commission, modelled on the "truth commissions" that were
proceeding in Guatemala and South Africa, to examine complaints of
illegal abductions, custodial torture, enforced disappearance, summary
execution and illegal cremation. Three retired justices formed this
Peoples’ Commission: Justice D.S. Tewatia, formerly Chief Justice of the
Calcutta High Court, Justice H. Suresh, formerly of the Bombay High
Court, and Justice Jaspal Singh, formerly of the Punjab and Haryana High
Court. The Commission’s initial aims were to hear evidence and to give
findings on the following: a) whether from 1979 to 1997 the agencies of
the State carried out and tolerated, directly or indirectly, any
atrocities and thereby committed violation of human rights as guaranteed
under the Constitution of India and international covenants; b) whether
agencies or individual agents of the State have prima facie committed
any offence under the law of the land or international law; and c) to further suggest the
remedies available to the victims of atrocities including entitlement to
compensation from the State and its agencies.
An incident report form was drawn up after consultation with various
international models, and fieldworkers of the Committee for Coordination
on Disappearances began to collect evidence of specific cases.
Substantial public support for the work of the Committee for
Coordination and for the Peoples’ Commission began to develop, and
claims of abuse began to accumulate rapidly. People came from far and
wide to attend meetings of the Peoples’ Commission - some of whom could
not even understand English, the language in which the proceedings took
place. Lobbyists overseas began to bring the situation in Punjab to the
attention of diasporan Sikhs as well as to various Western governments.
But in India, problems arose.
On 24 May 1997, newspapers reported that Ajit Singh Sandhu, the former
police superintendent from Tarn Taran who had been charged with the
abduction of Jaswant Singh Khalra, committed suicide by throwing himself
in front of a train. K.P.S. Gill, former Director General of Police for
Punjab - under whose watch many of the most significant human rights
abuses occurred - castigated human rights groups for their "ingratitude"
toward "heroes" like Ajit Singh Sandhu, who had saved India from
disintegration but instead of valorization were facing the humiliation
of being charged with crimes. A vast media campaign identified the human
rights groups with separatist militants, and many individuals associated
with the Committee for Coordination and the Peoples’ Commission found
themselves harassed, threatened, and outcast by former friends. Even the
liberal human rights community in the rest of India looked askance at
those working in Punjab, whose ultimate sympathies with the Indian
nation were beginning to
be perceived as suspect. The fact that a police officer under Sandhu’s
command came forward as an eyewitness to Khalra’s seizure, torture, and
murder did little to quell the mood of intolerance for human rights
activists. Khalra’s widow, Paramjit Kaur Khalra, was threatened,
detained, and charged with attempting to bribe a witness.
On 18 July 1998, three members of the Committee for Coordination on
Disappearances in Punjab came out of India for the first time to speak
about human rights efforts at a symposium at Columbia University. These
were Ram Narayan Kumar (Convenor), Amar Singh Chahal (from Lawyers for
Human Rights), and Inderjit Singh Jaijee (from the Movement Against
State Repression). Along with these three, I spoke at the symposium, and
so did Mary Pike, a New York City attorney representing Sikhs in the
U.S., and Ami Laws, who had recently done a study of torture in Punjab
for Physicians for Human Rights. Just days after the seminar, word was
received that Jaspal Singh Dhillon, the associate of Jaswant Singh
Khalra who had taken over the investigation after his disappearance, had
been picked up by police and thrown in jail. It was alleged that he and
several others had conspired to smuggle cellular telephones and
explosives into Burail jail in Chandigarh in an attempt to aid
imprisoned Sikh militants in escaping. As of this writing (April 1999),
Dhillon remains in detention. His colleagues believe that this episode
was staged in order to further destabilize the human rights community
and to thwart continuing efforts to document the atrocities that took
place in Punjab.
The National Human Rights Commission has been given the limited mandate
to investigate the original cremations exposed by Jaswant Singh Khalra -
those at Durgiana Mandir, Patti and Tarn Taran cremation grounds.
Believing this to be but the tip of the iceberg, the Committee for
Coordination is pursuing its broader mandate to investigate all abuses
across the whole of Punjab, and intends to present evidence to the
Peoples’ Commission as planned. It remains to be seen whether this will
be possible. Justice Jaspal Singh of the Peoples’ Commission spoke with
me in New York recently, reporting that he is facing ongoing threats
because of his work and that the other justices are experiencing the
same. He told a gathering of some six thousand Sikhs celebrating the
300th anniversary of the Sikh siblinghood that the Peoples’ Commission
would however push on with determination, in the interests of truth and
of & healing. Meanwhile every member of the Committee for Coordination
suffers frequent harassments and threats, some of a very serious nature.
It is only international attention, such as that provided in this forum,
that can offer some meager protection for these workers as they move
ahead.
Disappearances, Cremations And The Absence of Bones
The United Nations Declaration on the Protection of All Persons from
Enforced Disappearances states in Article 7 that no circumstances
whatsoever may be used to justify enforced disappearances. This is some
of the strongest and most unequivocal language in any of the UN
documents. It is not surprising, given international support for the
clearest possible condemnation of "disappearance" as a tactic of state
security, that India is less than enthusiastic about attempts to uncover
what appear to be enforced disappearances on a massive scale in the
state of Punjab.
The UN Declaration further lays out, in Article 13(3), that steps must
be taken to ensure that those involved in the investigation into
disappearances must be protected against "ill treatment, intimidation or
reprisal." In 13(5) it states that anyone engaging in such ill
treatment, intimidation or reprisal must be punished, and moves on in
16(1) to state that any official being investigated for involvement in
disappearances must be suspended from duties during the investigation.
Obviously, none of these have happened. Far from being suspended from
duties, police personnel accused of involvement in disappearances have
in fact been promoted - most notoriously, K.P.S. Gill, Director General
of Police for Punjab during the height of the atrocities, who went on to
receive the honour of being appointed President of the Indian Hockey
Federation (under which guise he visited the United States for the
Atlanta Olympics, over the protests of many expatriate Sikhs) and is now
a member of India’s National Security Council.
The right to life of citizens, which the State must protect in all
circumstances against all arbitrary violations, is also at the heart of
India’s Constitution. Derogation from this right is impermissible under
Article 21 and Amendment 44 of that Constitution; it is a guarantee
which according to India’s own Constitution may not be abrogated even in
a state of emergency. But in 1988, as the Sikh insurgency in Punjab
became more intractable, the Indian Parliament passed a 59th Amendment
which enabled the suspension of Article 21 on grounds of "internal
disturbance." Punjab was then declared a "Disturbed Area" under the
Disturbed Areas Act of 1991. This astonishing move, though unheralded in
the international press, meant that India was legally suspending
protection of the right to_ life against arbitrary violation in one of
its key states. That this was also a state in which the overwhelming
majority of India’s Sikhs live made the move all the more inflammatory,
if under publicized. As atrocities escalated, accusations of genocide
started finding their way into the rhetoric of Sikh and other human
rights activists.
The impression that the crackdown was taking place not against insurgent
separatists but against the entire Sikh population was established in
the earliest days of the conflict in the minds of many Sikhs. The
founding event was the Indian Army’s storming of the Golden Temple
Complex in Amritsar in 1984; holiest site in the holiest city of the
Sikhs, many of its buildings were reduced to rubble in the attempt to
rout out the band of militants who had taken refuge there. The key
problem was that the scale of the assault was way out of line
considering the threat that the band of militants actually posed to the
Indian state. There were about two hundred armed insurgents at the
Complex on that day, but the army responded with some 70,000 troops who
used, among other things, tanks and CS gas in the attack on the Complex.
There was a complete news blackout and total curfew in Punjab at the
time, and, significantly, the attack took place on a Sikh holy day when
thousands (possibly about ten thousand) entirely innocent Sikh pilgrims
were worshipping at the Golden Temple.
We now know that many hundreds, probably thousands, of the pilgrims were
slaughtered in the crossfire at the Golden Temple Complex, as well as
some thirty-five militants. Bodies bloated in the sacred pool that
surrounds the Golden Temple; the water in the drains ran red. The entire
front was blown off the Akal Takht - the second most important building
after the Golden Temple itself - and the Sikh Reference Library burned
to the ground. This last fact had a particular significance to many
Sikhs, who perceived that the Indian government was trying to destroy
their heritage with the aim of erasing their identity as a people. (The
Indian government alleges that it was the embattled militants who set
fire to the Library, an allegation supported by very few Sikhs.)
Milan Kundera’s comment resonates with this community:
The first step in liquidating a people is to erase its memory. Destroy
its
books, its culture, its history. Then have somebody write new books,
manufacture a new culture, invent a new history. Before long that
nation will begin to forget what it is and what it was . . . The
struggle of man against power is the struggle of memory against
forgetting.
After Operation Blue Star, as the June 1984 attack was code-named, Sikhs
immediately set about "remembering" what had happened. Paintings of the
shattered dome of the Akal Takht, the bullet-pocked facade of the Golden
Temple, and the torn and broken bodies littering the sacred pavement
appeared on walls; eulogies to the "martyrs" who died in the assaults
made the rounds of village bards and started being recorded on smuggled
cassette tapes. Six months later, a few Sikhs used the inspiration from
these quickly-enshrined memories as motivation to assassinate Prime
Minister Indira Gandhi, held ultimately responsible for the assault. And
after the assassination, more memories: some three thousand Sikhs,
probably more, massacred in the streets and alleys of Delhi by what were
first described as "enraged Hindu mobs" and later turned out to be hired
squads led by police officers and members of the powerful Congress
party.
During the next ten years, a pattern of arbitrary detention, torture,
custodial rape, and extrajudicial execution became established in
Punjab. International human rights groups were not allowed to visit this
troubled state, and control over the media meant that people in other
parts of India had little idea of what was going on in Punjab other than
that "terrorism" was posing a major security problem. The population of
India has consistently shown that it is in fact unwilling to protest
abuses of rights where national security is perceived to be at stake, as
it was in this sensitive border state housing an assertive non-Hindu
minority. (The only other state without a Hindu majority is Kashmir,
where a separatist insurgency and abusive counterinsurgency also
flourish.) Renascent Hindu nationalism has drawn in a substantial
proportion of the citizenry, who see a tough stance toward minorities as
key to the consolidation - and survival - of the Indian/Hindu nation.
After the incendiary events of 1984, the Indian government turned all
efforts toward the rebuilding of the Golden Temple Complex, much as
today the attempt is toward "rehabilitation" of the Sikh militants,
restoration of "peace and normalcy," and, in fact, purposeful forgetting
of what the past fifteen to twenty years have done to the people of
Punjab. The human rights workers attempting to document this history are
accused of being "anti-national" since they do not participate in this
great white-washing, but rather subvert it at every turn. Not for India
the refusal of the Mothers of the Plaza de Mayo to reclaim their
children’s battered bodies, so that closure could be achieved and the
past safely buried. Those attempting to keep the wounds fresh are
treacherous. Foreigners who point out that in other countries,
revelation of the truth is seen as a first step toward healing and
reconciliation, are ignored. History is rewritten by a new crop of
scholars, well-funded and appropriately celebrated, to reflect not
minority agony but national victory as the central phenomenon of late
twentieth century Punjab.
Since cremation rather than burial is the traditional mortuary rite of
both Sikhs and Hindus, there are few forensic remains in Punjab for
medical examiners to consider as evidence of the "decade of
disappearance." The disappeared have floated away as ash on Punjab’s
rivers or been carried skyward as smoke into Punjab’s scorching heavens.
The few bits of evidence we have therefore shock and repel us: a photo
of a heap of partially-burned bodies, eerily reminiscent of the
Holocaust, preserved by the Committee for Coordination; another grainy
polaroid print of a wild dog tearing at the charcoal remains of a human
leg. We have the testimony of neighbours of crematoria who remember,
horrifically, the smell. But the smell might be of the legitimately
cremated, hence less atrocious: who can say for sure at this point how
many bodies there were, at which cremation grounds, and most importantly
- who was responsible? There are no bones left, no evidence that DNA
tests can unravel and relatives can mourn over. In the absence of bones,
all people have is memory.
The Indus River, of which Punjab’s five rivers are tributaries, was one
of the great cradles of ancient civilization. "Is that the same Indus
where . . . informed archaeology students ask me. Yes, it’s the same
Indus." Yes, this is the same immense peninsula where the Buddha lived,
where Jainism was born, where Mahatma Gandhi, our favourite apostle of
non-violence, is celebrated as a national hero. India has been a cradle
of democracy in a region where dictatorships have flourished. Its
stature as a fulcrum of spirituality of the most diverse and complex
sort is undisputed. And yet, India is a place where innocent people die,
where canals are clogged with bodies and crematoria sweep away nameless
ashes, where human rights workers disappear or are thrown in jail. It is
both a cradle and a grave.
As an anthropologist, I have become an advocate for the human rights of
the Sikhs, though not a partisan of the separatist movement for
Khalistan. Most of the people with whom I interact, save those of
obviously political motivations, understand and accept this delineation.
More importantly, I use my ethnographic knowledge of the Punjab conflict
to extend a critique of India as a whole, whose overarching image of
harmony and pacifism interferes with every attempt to document globally
the atrocities committed in its name. This type of activism in
anthropology remains controversial, though accorded legitimate status in
the American Anthropological Association’s new code of ethics. I, with
others, am still working out how to celebrate relativism while insisting
on a minimum standard of universal rights - how not to use our
discipline’s bulwark of hands-off description as an excuse for moral
cowardice where rights abuses occur.
Nancy Scheper-Hughes insists that anthropologists are not only
"spectators" accountable to science but also "witnesses" accountable to
history. She writes that
Anthropologists who are privileged to witness human events close up
and over time, who are privy to community secrets that are generally
hidden from the view of outsiders or from historical scrutiny until
much later - after the collective graves have been discovered and
the body counts made - have an ethical obligation to identify the
ills in the spirit of solidarity.
Agreeing with Scheper-Hughes, some of us write about atrocities because
we cannot bear that the suffering of people we have come to love should
go unwitnessed, should be cremated, forgotten. And this is not just a
matter of professional responsibility, it is a matter of our very
identities as human beings, who define themselves through their
relationships with others, as Martin Buber suggests._ For
anthropologists, our Alters are sometimes dauntingly exotic, but our
venerable field method of on-the-ground, human-to-human, ethnography
makes them as intimate to us as our own families. It’s not a joke about
being workaholic, but an accurate comment on what ethnography is, when
someone says that we live, eat and breathe the people we study. They in
fact become part of the essence our ourselves. That’s why there is a
certain loneliness to the business of anthropology - how many of our
acquaintances here know enough about the people of Pongo-Pongo to really
understand? - and a certain over-absorption in our topics. For some of
us, today, the people we have so taken to heart are facing dislocation,
death, and eradication from the annals of human history. So we write
bones, shuddering, in the tremulous hope that the bones we write will
last longer than the bones of our friends who have disappeared,
traceless.
This inaugural issue of The Human Rights Review marks a critical
confluence among academicians of various stripes, lawyers, doctors,
policy makers, artists, poets and indigenous activists, who for too long
have been artificially separated by institutional arrangements and
intellectual histories. The conjoining of scholarship and activism in
the sphere of human rights offers a radical challenge to established
patterns of interaction in the human rights arena, hopefully one which
will educate and empower us all as we seek to make the twenty-first
century more humane than the twentieth has been. Let us commit ourselves
to making this new millennium the one that sees the eradication of all
forms of abuse to the lives and dignity of persons.
Figure 1: Brief Chronology Of Events
1978-1983 - heightening tensions between Sikhs and Government of India;
beginnings of Sikh militancy
1984 - Indian Army action against the Golden Temple Complex; anti-Sikh
pogroms following the assassination of Indira Gandhi
1986 - independent Sikh state of Khalistan declared by separatists
1987 – "war without quarter" begun as President’s Rule imposed in Punjab
1988 - 59th Amendment to the Indian Constitution enables abrogation of
prohibition against arbitrary violation of right to life and extends
President’s Rule
1989-92 - increasing rights violations in Punjab as conflict escalates;
Punjab declared a "Disturbed Area"
1992 - Beant Singh administration elected as rural Sikhs boycott polls;
declared intention of eradicating Sikh militancy
1993-95 - cremation grounds investigation led by Jaswant Singh Khalra
reveals mass illegal cremations
1995 - Writ Petition to Punjab and Haryana High Court to inquire into
cremations dismissed; Chief Minister Beant Singh assassinated by
militants; JaswantSingh Khalra "disappeared;" Supreme Court orders
investigation
1996 - National Human Rights Commission considers issues surrounding its
inquiry into disappearances and cremations
1997 - National Human Rights Commission stalled in its efforts;
Committee for Coordination on Disappearances in Punjab established to
conduct independent inquiry; Peoples’ Commission founded to evaluate
findings
1997-98 - attempts to interfere with work of Committee for Coordination
on Disappearances; calls for impunity for human rights offenders; work
of Peoples’ Commission challenged at High Court
1999 - National Human Rights Commission instructed to restrict
investigation to three cremation grounds; mobilization to support
independent effort toward fuller accountability internationally
Publications
1998 Amnesty International, A Mockery of Justice: The Case Concerning
the "Disappearance" of Human Rights Defender Jaswant Singh Khalra
1996 Amnesty International, Harjit Singh: The Continuing Pursuit of
Justice
1995 Human Rights Watch, Encounter in Philibit: Summary Executions of
Sikhs
1995 Amnesty International, Punjab Police: Beyond the Bounds of Law
1994 Amnesty International, The Terrorism and Disruptive Activities Act:
The Lack of "Scrupulous Care"
1994 Human Rights Watch, Arms and Abuses in Indian Punjab and Kashmir
1994 Human Rights Watch/Physicians for Human Rights, Dead Silence: The
Legacy of Abuses in Punjab
1993 Amnesty International, "An Unnatural Fate: Disappearances and
Impunity in Punjab and
Kashmir
1991 Asia Watch, Punjab in Crisis: Human Rights in India
1991 Amnesty International, Human Rights Violations in Punjab: Use and
Abuse of the Law
Cynthia Keppley Mahmood, Fighting for Faith and Nation: Dialogues With
Sikh Militants (Philadelphia: University of Pennsylvania Press, 1996).
Ruth Behar, The Vulnerable Observer: Anthropology That Breaks Your Heart
(Boston: Beacon Press, 1997).
Edith Turner, The Spirit and the Drum: A Memoir of Africa (Tucson:
University of Arizona Press, 1987).
Natalie Goldberg, Writing Down the Bones: Freeing the Writer Within
(Boulder: Shambhala Publications, 1996).
Horrifying visual images of these cremations were provided in the
documentary film about the Khalra-Dhillon investigation, "Disappearances
in Punjab," produced by Ram Narayan Kumar and Lorenz Skerjanz.
Joyce Pettigrew, The Sikhs of the Punjab: Unheard Voices of State and
Guerilla Violence (London: Zed Books, 1995).
Affidavit of Mr. Baldev Singh, filed at the Supreme Court of India, 27
September, 1995.
For further details see Amnesty International’s 1998 report, A Mockery
of Justice: The Case Concerning the "Disappearance" of Human Rights
Defender Jaswant Singh Khalra Severely Undermined.
I am indebted for some of this material to Dr. Jasdev Singh Rai of the
Sikh Human Rights Group, London.
Milan Kundera, The Book of Laughter and Forgetting (New York: Harper
Collins, 1996).
Code of Ethics of the American Anthropological Association, Anthropology
Newsletter June 1998.
Nancy Scheper-Hughes, "The Primacy of the Ethical: Propositions for a
Militant Anthropology." Current Anthropology 36:3 (1995).
Martin Buber, Between Man and Man (New York: Macmillan,
1965).
I would like to gratefully acknowledge and respectfully salute Ram
Narayan Kumar and his colleagues, who soldier on in the struggle for
rights in Punjab, hearts and bones exposed. Without their work I would
not have the honour of being a small part of the Punjab human rights
effort. The Committee for Coordination on Disappearances in Punjab can
be reached at 742, Sector 8, Chandigarh (tel. 544920) or 56 Todarmal
Road, New Delhi (tel. 3714531); email disapear@nda.usnl.net.in.
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