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Gobind Thukral, India Today, 30th Sept. 1984
There were other victims of Operation Bluestar little children, some
only two years old, who got rounded up when the army swept through the
Punjab countryside throwing over 18,000 suspected terrorists into jail.
Since then, 39 children have been languishing in two Ludhiana jails.
There is four-year old Rinku whose father died during
the army operation and whose mother has been missing since then. Like
the rest of the ‘infant terrorists’, Rinku had to go through a gruelling
interrogation. When asked where his mother was. he replied, “I do know”.
Asked where his father was, he said, “Killed with a gun”. Why his
stomach was so big; “Because I eat clay”. Then there is the earnest 12
year old Bablu who calls Bhindranwale his chacha. He insists that he be
included among the terrorists and tried. There is Zaida Khatoon, a
Bangladeshi woman who stopped to get food for her five children at the
Golden Temple and ended in jail.
Their ordeal began in early June when they were
picked up around the Temple and packed into camps in Amritsar and
Jalandhar. Initially the army did not know what to do with the children.
Some of the lucky ones were locked up with their parents, but they all
faced the same charge: breach of peace under section 107 and arrest to
prevent commission of cognisable offence under Section 107 and 151 of
the Criminal Procedure Code (CrPC). They were finally sent to Ludhiana.
And then the nightmare began. Two central agencies,
the Central Bureau of Investigation (CBI) and the Intelligence Bureau (IB)
began their questioning. There were long, intimidating sessions. The
children cried and begged to be sent home. But it went on for days.
Their little finger prints were taken and IB sleuths set about verifying
their bonafides. One interrogating officer admitted that not many
officials were moved by the children’s cries.
The children continued to be locked up in a dingy old
jail in the sprawling industrial city. Some were moved to a newer
maximum security prison outside the city. Of the 39 children, 10 were
with their parents, mostly their mothers. Another 15 were students of
the Damdami Taksal, an institution founded by Guru Gobind Singh to train
children in music and Gurbani, which was last headed by the Sant Jarnail
Singh Bhindranwale. These students, all of them ardent Sikhs, had been
camping in the Golden Temple complex and some had learnt to use arms.
Three of them have now been classified as ‘dangerous terrorists’.
Sadly enough, in their interrogations, the CBI and IB
have shown little regard to any civil liberties or laws protecting young
children. All the children have been booked for violating prohibitory
orders under Section 144 or Section 107/151. It is a fact that they were
picked up from the Golden Temple or at best are said to have
surrendered. But these offences are bailable and in fact these sections
are merely prohibitory, used by law enforcing agencies to stop
processions and strikes. The authorities have paid no heed to the
Children Act 1960 or the East Punjab Children Act, 1976.
The long, agonising inquisition apart, the children
have been clubbed with known terrorists, criminals and anti-social
elements. Under the law, children younger than 16 years old in the case
of males and 18 in the case of females cannot be detained either at a
police station or in a regular jail, and the lofty laws that protect and
respect the child have all been violated. Children are supposed to be
kept in special institutions or reform schools but the Punjab Government
has hardly been bothered, as the central agencies continued with their
gruelling, and often callous investigations. Confessed a CBI officer:
“These are all fine ideas for newspapers and preachers. We had on our
hands suspected terrorists and would be terrorists”.
Last fortnight, some relief seemed to be on the way
at last. Kamladevi Chattopadhyay, the well-known social worker,
petitioned the Supreme Court to help the children. A division bench
consisting of Chinappa Reddy, A. P. Sen and E.S. Venkataramiah directed
the Ludhiana district judge to remove the children from the jails and
lodge them in a better place, at the cost of the state. The Punjab
Government was also directed to trace their relatives and file
particulars to the court. Ironically enough, the same day these orders
were issued, a Ludhiana magistrate remanded four children arrested from
the Temple on June 6 to judicial custody, till further orders. The
youngest of these children, Jasbir Kaur, is only two years old, her
sister Charanjit Kaur is four, and her brothers, Harinder and Balwinder,
are six and twelve. These children are charged with disobeying the
prohibitory order under Section 144 of the CrPC.
On August 1, eleven senior opposition leaders had
demanded that the detained kids be either released or at least
segregated. But it was only after the Supreme Court directive that the
authorities began acting. Within five days the parents of six children
were located from districts as far away as Paonta Sahib in Himachal
Pradesh, Hissar in Haryana and Nainital in Uttar Pradesh. They had gone
to the Golden Temple to pray when they were caught in the army
crossfire. District Magistrate K.R. Lakhanpal had had earlier sought the
governor’s approval to release the children but had not met with any
success. Said he: “We were alive to the human problem but somehow in
this charged atmosphere quick release could not take place. The children
had to be cleared first by the intelligence agencies”.
Most critically placed are those children whose
parents face various charges. While District Judge Jai Singh Sekhon is
for total segregation, the administration has not yet agreed. “They have
to be with their parents only and since the parents cannot be kept out
of jail, they remain where they are”, said Lakhanpal. Their fate, as
well as the fate of those in Category C, the most dangerous, depends
upon the Supreme Court, which takes up the case this fortnight. Mean
while 39 little beings continue to pray for freedom every day.
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