Human Rights
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Punjab has always been described by the Indian rulers as the most
prosperous State in India with the highest per capita income and a high
growth rate. Its prosperity was recognised as an indivisible aspect of
the spectacular progress in agriculture, known as the Green Revolution
which attained its peak in the early 70s. Punjab became an economic
cliché and a showpiece. The negative fallouts of this period of progress
went by and large unrecognized. Transformation of agriculture from being
labour intensive to capital intensive drove many small farmers off the
land. The number of landless peasants increased without a commensurable
expansion of industry to absorb them. In fact, the percentage of wage
earners in the industrial sector declined from 15.60 to 11.30 percent in
the period of 1961-71. A retarded public sector in the state employed
only 10.9 percent of the total industrial work force. The initial
progress in agriculture, whose pace began to peter out, combined with
the stagnation of industrial development, gave rise to two different
categories of discontented people in rural Punjab.
The most important and seemingly most influencal of
these groups is the one of farmers who had prospered during the Green
Revolution. They are politically ambitious, proud of their martial
tradition organised on religious forums, hard working and familiar with
the materialistic culture of the west. Prosperity in agriculture did not
make them complacent but more competitive. They wanted remunerative
prices for agricultural produce, restrictions on interstate traffic of
food grains to end, cheaper power and water, reduction in the prices of
farm machinery and other inputs like fertilizers and pesticides, parity
of prices between agricultural and industrial products, liberal finances
from credit institutions and investment opportunities in
agro-industries. The Akali Dal in the government had closely identified
itself with the interests of this class of farmers. On three occasions
when it was in the government, the party had taken bold measures to help
them.
The Congress party succeeding the Akali Dal in the
State government had annulled these measures. Prakash Singh Badal, who
himself is a big land owner, had, as the Chief Minister of the State in
1970-71, abolished land revenue. The Congress government after his fall
reimposed the levy. When the Akali Dal came to power following the end
of the Emergency, it once again took several measures to promote the
ambitions of this class. It announced an aid of Rs. 500 per acre to
those farmers whose crops were damaged in natural calamities. It reduced
the costs of electricity for tube wells, fertilizers and pesticides. All
these measures were immediately cancelled by the successive Congress
governments. Naturally the farmers accused the Congress of an anti-rural
predisposition. Their numbers are large enough to be politically
significant: 40% of that rural population which has land holdings
exceeding 20 acres. They viewed the urban population of Hindus, who
monopolized trade and its marginal industry, with suspicion and the
natural antipathy of the farmer for the middleman from the city. Their
relationship became both inimical and essential following
commercialization and the consequent dependence of agricultures on urban
markets. The monopoly of Hindus on the trade and industry held back the
capital generated in agriculture from entering into productive avenues.
A part of the money was diverted to finance political activities of the
Akali Dal. Stagnant money, with a dynamic people, became the leaven of
political militancy. Economic antagonism of the two communities in
Punjab intensified their feelings of communal hostility.
The second category of discontented people who
burgeoned out of the rural Punjab were those twenty to thirty percent of
the marginal farmers who had been driven out of the land in the last two
decades by the competitive process of a capital intensive agriculture.
Another fifteen to twenty percent of the rural population with land
holdings of less than five acres were their close allies. The Green
Revolution in Punjab attracted a heavy migration of agricultural
labourers, more than two hundred thousand a year, from backward regions
of Uttar Pradesh, Bihar, Madhya Pradesh and Rajasthan. Even when paid
less than the local rates of minimum wages, they got considerably more
than the maximum wages in their own states. The leaders of the Green
Revolution benefited by employing them in their farms. The local
pressures for increase of wages were cancelled by the availability of
cheap labour with no local roots. The outsiders did hard farm work for
negligible returns during harvest seasons. When there was no work in the
farms they pulled rickshaws or did other casual work in cities. These
outsiders, many of whom became Rsettlers, contributed to the aggravation
of local tensions. They were Hindu, abjectly meek, had no empathy with
the traditions and language of the State, pandered to the landlords
greed by sacrificing their rights, undermined the prospects of the local
population to find employment on equitable terms. A developed industry
could have channelized the energies of these dislocated groups of the
local population into productive avenues. But Punjab remained
industrially backward in spite of the fact that its phenomenal progress
on agriculture had generated suitable material conditions for a rapid
industrialization. In 1980 there were only 19 industrial projects in
which the Central government had invested, compared to 197 in
Maharashtra. Punjab's share of Central investment in industries worked
out to be 0.9 percent of the total financial outlay. Andhra Pradesh's
share in comparison, stood at 14 percent of the plan. The feeling that
the Central government was keeping the State industrially backward out
of a conscious policy gained ground.
Until some years ago large numbers of unemployed
youth from Punjab have been migrating to the eldorado of Western
countries. Those countries did not want them and took steps to keep them
out. Traditionally soldiery has been the main avenue of employment for
the Sikh youth which, in addition, gave him the opportunity to uphold
the martial reputation of his race. The British, who had experienced the
fighting prowesses of Sikh soldiers during the Anglo-Sikh wars, raised
them into an irregular force soon after the liquidation of the Sikh
empire in 1839. The Sikh irregulars proved that they were loyal to
British India during the Burma war in 1852. Their recruitment increased.
Following their role in crushing the mutiny of 1857, they were
recognized as a martial race and their proportion of recruitment was
again increased. By 1911 their numbers in the Imperial Army was 15,000
out of the total recruitment of roughly 40,000 soldiers from Punjab. By
the end of the first world war they were 100,000 in the army and had won
11 medals for gallantry out of 22 awarded to Indians as a whole. During
the second world war when the Congress Party gave a call to boycott the
British war effort, Sikhs chose to ignore it. On the eve of Indian
independence Sikhs represented 33% of the Indian army. Their numbers
started to come down thereafter. In 1974, three years after the last war
with Pakistan, the Union government took a policy decision whereby not
the martial reputation of races but the principle of proportional
representation was to become the basis of recruitment for the army.
Punjab was to provide no more than 2.5 % of the army. Sikhs share worked
out to be just about 1.3%. The policy was seen as a deliberate attempt
by the Central government to weed out Sikhs from India's fighting force.
More significantly the policy closed the main avenue of employment to
the Sikh rural youth. Many scholars of Punjab think that the magnitude
of unemployment among the educated and uneducated youth in Punjab has
not only helped to sustain the political turmoil in the State over a
long period of time, but has also given it the militant direction it has
taken since the days of Bhindaranwale.
The agitation of the Akali Dal beginning from August
1982 was based on a charter of demands which included the transfer of
Chandigarh and other punjabi speaking areas in Haryana, Himachal Pradesh
and Rajasthan to Punjab; the reallocation of river waters; the
implementation of the Anandpur Sahib Resolution for State autonomy and
special rights to Sikhs as a nation. After a futile round of discussions
with Mrs. Gandhi which she treated more like courtesy calls, making
humorous little quipps in Punjabi, offering them lassi, the Akali Dal
embarked on a programme of agitation in August 1982. For the next two
years the agitation raged with intermittent relaxations following the
sham of a new round of RdialoguesS with the government. In June 1984
Mrs. Gandhi ordered the army action in Punjab. The assault against
Golden Temple was launched on 5 June 1984, the martyrdom day of Guru
Arjun, who had got the foundation of the Temple laid by a Muslim divine
four hundred years ago and who was the first of the Sikh Gurus to die in
defiance of the Mughal Empire. The timing of the assault was calculated
to scathe the Sikh psyche. The operation which was supposed to establish
the StateUs might over the Sikh militancy only surpassed the latter in
its toll of blood. For little over two hundred people killed by the Sikh
militants since 1980, the army had taken more than four thousand lives,
the majority of whom were innocent pilgrims or employees of the SGPC.
The assassination of Mrs. Gandhi was a riposte to the army assault on
the Golden Temple of Amritsar, the Sikh Vatican. The Sikh massacres
following the assassination were not spontaneous but systematically
orchestrated, claiming 3,000 innocent Sikh lives. Eyewitness accounts
testify how the rioters in gangs of 200 to 300 led by Congress leaders
and with policemen looking on had swarmed into Sikh houses hacking the
occupants to pieces, chopping off the heads of children, tying Sikh men
to tyres sprayed with kerosene and setting them aflame, burning down the
houses after sacking them.
The Delhi violence has been documented by the
Peoples' Union for Civil Liberties and the Peoples Union for Democratic
Rights in their joint report - Who are the Guilty? - which mentions by
name 16 Congress politicians, 13 police officers and 198 others, accused
by survivors and eyewitnesses of responsibility for the carnage. Early
in January 1985, journalist Rahul Bedi of the Indian Express and Smitoo
Kothari of the PUCL moved the High Court of Delhi demanding a judicial
inquiry into the violence on the strength of this documentation. Justice
Yogeshwar Dayal kept the petition dangling for a few weeks and finally
dismissed it, passing abusing comments about "Those busybodies out for
publicity, who poke their noses into all matters and waste the valuable
time of judiciary".
Three thousand innocent Sikhs - men, women and
children - had been brutally killed and many times as many made orphans
and homeless. Yet the supposedly independent institution of judiciary
not only considered the pogrom unworthy of investigation, thereby
acquiescing in it, but also thought it necessary to abuse those who
beseeched it to inquire. Earlier, when in the parliamentary elections
held towards the end of 1984, the Congress Party, riding on the wave of
Hindu sentiments against Sikhs, secured an unprecedented popular
mandate, the Sikhs had understood that the Hindu democratic sanction to
the genocide would ensure that not one of those who had instigated the
holocaust, not one who directly participated in it, would be called to
account for the crimes. As if to confirm the point, Rajiv Gandhi, the
dynastic successor to the government as the new Prime Minister, inducted
into his Cabinet several main suspects of the organization of the
slaughter as important ministers. Judiciary too succumbed to the Hindu
democratic mandate. Neither was the role of the mainstream press beyond
reproach.
Police officials in Punjab, whose anti-militant
campaigns received imprimature as cover stories, were being quoted: "For
one innocent person killed by militants, the police would kill ten of
them." For the first time in India institutions of the State as well as
those which called themselves independent were being cavalier in
upholding an extra-judicial approach to tackle a discontented people.
The striking aspect of the declared policy of repression was the
qualification: "Ten for one". No one asked who would be these ten? How
would the officials ensure that the "ten" were militants and not just
innocent Sikhs? When in July 1985 Rajiv Gandhi after less than eight
months of victory at the hustings announced his resolve to heal the
wounds of Punjab by restoring to the State a democratic regime, it was
hailed as a bold and statesmanly step. On 24 July 1985 Rajiv Gandhi
signed an accord with the President of the Akali Dal, Harcharan Singh
Longowal, promising (a) transfer of Chandigarh to Punjab by 26 January
1986 (b) to set up tribunals presided over by Supreme Court judges to
adjudicate the river water and territorial disputes and (c) to refer the
Anandpur Sahib Resolution to a Commission appointed to recommend changes
in the "Centre States relationship". The Accord also promised inquiry
into the Delhi killings of November 1984 following Mrs. Gandhi's
assassination and withdrawal of the Armed Forces Special Powers Act in
force in Punjab. The Accord delineated eleven points of common consent.
Other leaders of the Akali Dal, even the moderates
like Prakash Singh Badal, were not convinced about the honesty of the
government in signing the Accord. Yet they fell in line to give peace a
chance. Although they doubted that the Prime Minister was motivated by a
genuine urge to establish peace in signing the Accord, they did not
suspect the Accord to be a Machiavellian move made to break the ranks of
the Sikhs, as it soon became obvious.
Longowal was assassinated on 20 August 1985, twenty
six days after signing the Accord. In the elections to the State
Assembly that were held soon thereafter, the Akali Dal won 72 seats in
the house of 117 and formed a government with Surjit Singh Barnala, a
protege of Rajiv Gandhi, as the Chief Minister. The Central government
flouted the Accord of July 1985 in toto. Chandigarh was not transferred
to Punjab as promised. Those who had organized the November 84 massacre
remained unpunished. The basic issues were balked at. Even the detainees
arrested after the operation Blue Star were not released. The army
deserters were court-martialled and sentenced to long terms of
imprisonment, some to life terms. Police atrocities including faked
encounters of Sikh youths continued unabated. Even this government of
Surjit Singh Barnala and his coterie, the stooges of Rajiv Gandhi who
had become immune to all the issues and were only acting as the Centre's
instrument of repression, was dismissed on the eve of the Assembly
elections in neighbouring Haryana to woo Hindu votes.
Then in March 1988 the Indian State went out to the
extent of constitutionally suspending their right to life, selectively
through 59th Amendment of the Constitution. When this Amendment Bill was
introduced, the then opposition now saddled in the government said that
the government had sinister design to use the situation in Punjab as an
excuse to acquire powers to promulgate emergency in the country. But
when the Home Minister assured them that the Bill was meant only for
Punjab, they acquiesced. During the period of Emergency in India between
June 1975 and March 1977, the Akali Dal was the only political party in
India to effectively protest against the measure. Although Punjab had
hardly ever involved in the agitation under JP, the Sikhs decided to
oppose the totalitarian measure by organizing open defiance. The first
public protest in the country against the Emergency was staged by the
Akali Dal on 9 July 1975 in Amritsar. Several leaders of the Akali Dal
had been arrested. Every day thereafter until the end of the Emergency,
which lasted twenty one months, volunteers of the Akali Dal got arrested
by defying the ban on protest activities. Nearly 45,000 Sikhs were under
preventive detention during the period. The movement against the
Emergency, like all other successful campaigns launched by the Akali Dal
in the past, was organized from within the precincts of Golden Temple.
All opposition parties which had joined the campaign under Jayaprakash
Narayana to compel Mrs. Gandhi to quit, had hailed the Akali Dal as the
last bastion of democracy. And the same opposition parties in March 1988
acquiesced in the Emergency because it was going to be applied only to
Punjab.
This selective denial of right to life to the Sikhs
was enacted into a constitutional principle although there were already
many black laws in force which gave extraordinary powers to the State to
meet the challenge of Sikh militancy.
The National Security Act, amended by the Act No.24
of 1984 and No.60 of 1984 enabled the government to detain any person
suspected of involvement in activities prejudicial to the defence of
security of India for a maximum of two years without trial and extension
of the period of detection by another term of two years. The Terrorists
Affected Areas (Special Courts) Act of August 1984 makes it mandatory
for the Special Courts, established to try persons involved in making
imputations or assertions prejudicial to national integration or in
waging war against the State, to conduct the trials in camera. Those who
are tried by the special courts are under the Act presumed to be guilty
until they can prove the contrary. The Terrorist and Disruptive
Activities (Prevention) Act provides for death sentence for militant
crimes involving murder. It also gives powers to superintendents of
police to use confessions made by suspected militants in the course of
their interrogation as evidence against them. Yet the government was
able to contrive the opinion that these measures were not draconian
enough and that it was necessary to absolutely deny the right to life of
the people of Punjab.
Is it not then ironical that those who sought
abrogation of civil rights exclusively for the Sikhs of Punjab should
simultaneously coax them to affirm allegiance to the Constitutional
framework which enables the abrogation?
The sovereignty of the Indian State in Punjab, as the
following case studies of State atrocities would establish, is not
limited by the rule of law. In transgressing the basic principles of
governance it has ceased to represent the sovereignty derived from
people's consent, and has become a self-contradiction.
Even a cursory examination of the Sikh history should
establish that it is neither in the Sikhs to acquiesce in this kind of
savage degeneration of the State nor to give into repression. It is
common knowledge that the militant transformation of the Sikh mind in
its formative period was the consequence of Guru Arjun's martyrdom under
Jahangir who was annoyed by the Guru's popularity and by the fact that
he had blessed Khusru, Jahangir 's son, when he raised a banner of
revolt against the emperor. It was in response to Guru Arjun's martyrdom
that his son, Hargovind, the sixth Guru, girded around his waist two
swords to symbolize spiritual and secular authority, and built the Akal
Takht, the "Seat of the Timeless One" as a counterpoint to the imperial
Delhi Takht. The ninth Guru, Tegh Bahadur gave up his life to defend the
freedom of conscience of all people. Gobind Singh had created the Khalsa
in 1699 with the common surname Singh and five mandatory Ks to bind
Sikhs to the pledge to defend their identity and faith as an armigerous
body. Guru Gobind Singh and all his sons were martyred in the course of
their relentless battle against Mughal oppression. When Banda Bahadur,
after leading the first organized insurrection of the havenots in this
part of the world for seven years against the Mughal authority, was
captured in December 1715, he chose to die rather than to apostatize.
Eye witnesses to the execution of Banda Bahadur's followers have
recorded how they embraced martyrdom without flinching from their faith.
Persecution of Sikhs following Banda's execution, under Zakharya Khan,
Mir Mannu and Yahya Khan, during Nadir Shah's invasion of India and the
Afghan invader Ahamad Shah Abdali's attacks on the Golden Temple, for a
period of five decades, is legendary. Under Zakharya Khan the State
offered ten rupees for information where Sikhs hid; fifty rupees for a
Sikh scalp with the long hair being the proof; capital punishment for
giving shelter to them. Yet Sikhs overcame the oppression and founded
the Sikh empire in 1799 under Ranjit Singh. He left an empire almost ten
times the size of present day Indian Punjab that spread from the
north-western frontiers of Afghanistan to the Sutlej and from Kashmir to
the deserts of Sind.
Sikh religion from the beginning has been a vision of
society, a part of temporal history, sacralizing secular existence with
its stress on honest work and sharing. It is not a 'other worldly'
religion which leaves its faithful abandoned to the vagaries of life
merely with a transcendental consolation. Their conception of divinity
is the amalgamated God of Timeless Order (Akal Purukh) and the God of
Action (Karta Purukh). The faithful are accordingly both divine
instruments and divine vessels, actualizing its will as well as
participating in Its essence. Dualism of a God in heaven and man on
earth has no meaning for them and therefore they see no separation of
sinful and painful existence as an independent realm outside the sphere
of holy. Pursuit of wealth and politics are religious callings limited
by the imperatives to share and to be just.
The synthesis is made possible because cooperation in
Sikhism is not only an aspect of personal morality but is the basis of
an individual's communion with the Divine. Individualism which goes
against the collective weal is the cardinal sin without expiation.
Violation of obligations towards the community means not just alienation
from the Holy but also social excommunication. Within this framework of
religious ethics, Sikhs even though belonging to competing spheres of
socioeconomic dynamism within their own community, tend to unite into a
single opposition to those forces which seek to frustrate their
collective aspirations.
Sikhs have for more than three decades in independent
India been struggling through non-violent and democratic means for
realization of their ideals and aspirations. Every time they raised
their voice, they were defamed as being parochial. Whenever they
mobilized people for mass movements they were accused of mobilizing them
from the religious pulpits. For Sikhs the distinction between religion
and society does not exist. Their is a social religion. Their religious
institutions exist to provide not only solace against worldly want,
misery and injustice but also to fight against them. The teachings of
their Gurus is not the opium of the masses, a heading under which
perhaps some other religions may come; it supplies the dose to wake up
people from social apathy. By provoking communal reactions against them
in other sections of the people, the Central government and its
protagonists build up a popular mandate for their policy of repression.
When Sikhs don't give in to this repression and fight back, they are
called terrorists and anti-nationals. Isolated thus in their struggle
for a just society, they have begun to feel the same as the Muslims had
started feeling after 1937. The Sikh struggle against the Indian State
is, as should be clear from the summary historical documentation,
motivated by a vision of society which has become unattainable within
the framework of the Indian Constitution. The question whether the
objectives of the struggle are attainable within the scope of Indian
unity becomes irrelevant in this context. We must, however, add that the
Sikh struggle welcomes and attempts to forge unity of all Indian peoples
of diverse identities who consider the Indian Center the enemy which
having dissipated the ideals that had inspired them to become integrated
to a common vision of federal democratic polity, perpetuates itself as
the instrument of a self serving elite. The Sikh struggle itself is
irrevocably wedded to the exigencies of that secession from the
institutional structure of the Indian State as the sine qua non of true
democracy in the Indian subcontinent and a precondition for the
beginning of a meaningful political future to all its peoples which has
been alluding them over the last forty three years. |