Human Rights
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In 1923 the National All India Congress had rushed a
three-member fact finding team to Punjab when hundreds of Sikhs
protesting against the illegal takeover of the Nabha State by the
British administration were sent to jail without any warrant and
tortured inside the Nabha prison. Jawahar Lal Nehru, who had headed the
team and two colleagues were also jailed after their arrival in Nabha:
all the facts they had gone to find they found inside the jail itself.
After India attained independence, however, the All India Congress lost
this admirable zeal for probe for verification of truth: and with the
passing of time fact-finding teams were considered by it as irrelevant,
since the Congress party was in power and 'the congress Government could
do not wrong': thus even after the massacre of the Muslims in Moradabad,
blinding of prisoners is Bihar, killing of political activist in Kerala,
dishonor of women in the open marketplace of Bagphat by the police in
broad daylight and now after the incredible violence in Gujarat, the
Congress party has not thought it necessary to send a team to any of
these places.
The onerous duty of reaching the oppressed people at
their hour of trial, and equally important, to present after meticulous
investigation a correct picture to the public of hundreds of men, women
and children living under duress, has fallen on those who staunchly
believe that no violation of civil liberty and human rights can be
tolerated and democratic principles India swears by must be observed in
action and not merely remain on paper. They do not share the comfortable
notion that because a prestigious party is in power things cannot go
wrong.
Now after 1984 after the Operation Blue Star suddenly
the Government clamped down on Punjab an undeclared emergency. Punjab
was cut off from the rest of the country for days, censorship was
declared, all Pressmen-both foreign and Indian-were expelled. There was
a total black-out of news excepting what was told by the Government-run
All India Radio and Doordarshan, again bringing back the unpleasant
memories of Emergency days. One heard that "there was unprovoked firing
from inside the Golden Temple on June 1 and the Security Forces showed
extreme restraint and did not fire a single shot, a variety of
Government sponsored news item informed us how the Army took the Golden
Temple complex with utmost care bordering on reverence (they even took
their boots off while entering the Temple), how the city remained
untouched and undamaged. Without a scrap of evidence we were expected to
believe that is was Pakistan which was responsible for the growth of
terrorism in Punjab and there was a seizure of highly sophisticated
weapons. In July 1984 the White Paper carried the story of a modern Arms
Factory located inside the Complex. Days after when we were assured of
calm and normalcy in the temple, the expulsion order regarding the
foreign press was not withdrawn and even the Indian Press was not
allowed to move about freely, a guided tour was arranged for them as if
Amritsar had been an enemy territory recently captured. It is only on
July 26 this year that there has been a temporary and partial relaxation
of the ban on some foreign correspondents to enter Punjab for the
specific purpose of covering the Akali Dal meeting after the
announcement of the award of Chandigarh to Punjab. Obviously the
Government has a lot to hide still.
That the ruling party was anxious to hide something
earlier also was amply clear from the Government vendetta which the
foreign correspondent of the ssociated Press Mr. Brahma Chellany had to
face. He was under intensive interrogation by the Police and the Army
Intelligence Bureau and was charged with sedition, because he was the
first pressman of standing who exploded the myth of Army's 'human
behavior' toward the 'militant' Sikhs who were arrested, unturbaned,
hands tied behind their backs and then at least 13 of them shot in cold
blood, and it was again he who gave some tentative figure of the dead
-both the Sikhs and the Army-since the number of the Sikhs killed 'was
not of much concern to the authorities and the the number of the armymen
killed was, Chellany's 2000 soldiers dead had to be whittled down to 96,
but Shri Rajiv Gandhi while addressing the Nagpur session of the
National Students Union in September 1984 raised the figure to 700, so
far it has not been contradicted, it could be like his other famous
utterance that Sant Jarnail Singh Bhindrawale was a religious teacher.
Under these circumstances rumors held sway-so much so
that thousands of Sikh soldiers far away from home imagined the worst
and became emotionally overwhelmed and today are undergoing painful
punishment for no fault of theirs excepting that they had placed their
faith above everything else in the world.
Extremely harsh laws have been promulgated covering
the whole county but ever since the President's rule in Punjab and
particularly after the Army Action, some of these laws have been devised
specially for Punjab--to teach the Sikhs a lesson, Punjab Disturbed
Areas Act, Chandigarh Disturbed Areas Act, Armed Forces (Punjab &
Chandigarh) Act, Terrorist Affected Areas (Special courts) Act, 1984.
The Code of Criminal Procedure (Punjab Amendment) Act. all these have
given enormous power to the police and the Army. How vindictive the
Government meant to be towards the Sikhs would be clear in the way
Punjab government violated the National Security Act (NSA) provisions.
In a number of cases the serving of revocation order recommended by the
Advisory Board was held up for over 3 months. According to a report the
Home Department in a letter marked 'secret' to the I.G.P. (Intelligence)
stated that while forwarding orders of revocation of some detenus, to
the District Magistrate, the S.D.M. should be asked to consider
re-detention if necessary and 'serve revocation and arrest detention
orders simultaneously". The Home Department of the police were keen on
over-ruling the opinion of the Advisory Board recommendation releasing
an Akali leader. The Home Department also issued instruction to the
District Magistrates to keep a 'close watch' on all those who had been
detained under NSA but released and "apprehend such people without any
loss of time" if they were found indulging in prejudicial activities, a
list of such released persons was sent to the District Magistrates. Even
the Supreme Court's order to Punjab Government for the immediate release
of 22 minor children and 4 women held in Ludhiana jail since Army Action
in 1984 was given effect to. The minors continued to remain in jail and
later when released again under orders of the Supreme Court two were
rearrested and sent to Nabha jail. It was obvious that in Punjab
violation of the rule of law had become the norm. The District &
Sessions Judge Patiala, Mr. Cheema's report on torture of detenues in
Ladha Kothi in Sangrur District was too shocking for words. (Annexure
No. 5).
The Government propaganda was perfect. The Punjab had
become a dangerous place because of extremists roaming around with
rifles and pistols and hand-grenades ready to kill had been fairly
accepted by the people; reports on encounter deaths were fairly frequent
- the dead were always the Sikh terrorists, though no particular
communal incident could be reported, the media never tired of
communalism in Punjab. One heard how thousands of Sikhs were demanding
Khalistan but for some reason the Khalistan flag was never described
though it had been hoisted by those who are out to destroy the country!
Even the national dailies had succumbed to the propaganda. Though they
had no means of verifying the truth-the Temple being out of bound, one
of them wrote in an impressive editorial about "the very magnitude and
caliber of the weapons found in the Temple complex, some of foreign
origin, the elaborate fortifications discovered within the holy temple."
Terms like "Command Headquarter", "trained guerrillas" used in real wars
were just dropped casually like small pebbles in reams of learned
articles.
One had a tremendous urge to rush to Punjab, to
Amristar's Golden Temple, to other Gurdwaras where army action had taken
place, to various towns and villages in Punjab and using one's eyes and
ears try to reach the truth. The team was expected to find out if there
had been any erosion of civil liberty after the promulgation of the
oppressive laws and the Operation Blue Star, if the Army's mopping up
operation which was extended to the villages-known by the pretty name "Woodrose"
Operation, which had begun simultaneously with the Army Action in Golden
Temple, had affected the lives of the rural people adversely, how far
the communal virus had spread and if the Hindus were really migrating
from Punjab out of fear of the Sikhs, how deep was the alienation of the
Sikhs from the Hindus, and if Khalistan was just a vague concept or if
people were preparing for a new State called Khalistan for that would
obviously mean a bloody civil war.
The report has attempted to cover mostly these
points. It is based entirely on interviews, which were held mostly on
village commons, sometimes under a tree or in a school compound-but
always in the open. It was only after talking to these people we realize
with a shock that most of the facts on which we had been fed for the
last one year through articles and the media were highly exaggerated or
mostly false, many vital facts touching the common man's daily life had
been totally suppressed. Truth, it is well known, is the biggest
casualty in war and few may be aware or though aware would not like to
admit that a war is on - an ndeclared, unilateral ruthless war - against
hundreds of innocent defenceless men and women in far-away tiny villages
of Punjab from where their voices do not reach the rest of India.
Though many of these villagers were on bail and some
had come out of jail only a couple of days before they met us, they
showed amazing self-control and fearlessness and without any hesitation
told us their story mentioning the names of police officers who had
tortured them and had demanded and in several instances accepted huge
bribes, if they wanted their women not to be molested or their sons and
brothers not to be killed in 'encounters'.
The Report has gathered that in the name of curbing
terrorism unabashed State terrorism has been unreleased on the Sikhs
branding them as criminals, arbitrary arrests and McCarthy style
witch-hunt, sadistic torture of Amritdhari* Sikhs and cold-blooded
shooting down of young men in false encounters, are common occurrences,
even village women are not spared, they are being harassed and beaten
up, dishonoured and taken away to Police Stations or to unknown
destinations and kept there, sometime for more that a month. It is all
male police-there was not sign of woman police in the villages. The
demand is that the woman must produce their missing or absconding
husbands and sons, women after women come to meet us from different
villages to tell us what they had been facing for the last one and half
year, fields are not cultivated, the police whisk away the servants,
cattle are not fed, crops cannot be harvested, a woman saddled with
children with no man in the house to help and all the time the
police-fear haunting her is a common story in the villages.
[*Amritdhari. This tradition of Amritdhari was
started by Guru Gobind Singh when he initiated "Panj Pyaras" (five
Beloved ones) as true Khalsas. Water and 'Batashas' (sugar tablets) were
put in a steel post and it was mixed with a Khanda (two edged Kirpan)
Gurbanis were recited and this mixture was called Amrit (nectar). Panj
Pyaras stood in one line and drank the said 'Amrit' one by one from the
same pot. This tradition is followed and all those Sikhs who are
baptized in the above manner are called 'Amritdharis'. They have to
follow strict rules of discipline and a rigorous life. They have to keep
always five things on their body i.e. "Kachha, Kada, Kesh and Kangha
(Underwear, steel ring on hand, sword, hair and comb.) They are required
not to take any wine or any other intoxicant, never to look at other's
women with bad intentions, never to eat 'Halal Meat", never to tell
lies, never to attack first. They are also required to defend the
oppressed and the exploited, and never to tolerate injustice.]
The Army never made a list of dead after the
Operation Blue Star nor returned the bodies--so none knows whether these
men who had gone to the Guru Parb on June 3 either as pilgrims or with
gifts of corn for the 'langar'--are dead or have absconded for fear of
being arrested and tortured. Swinging between hope and hopelessness,
afraid of the police, in many villages women have locked up their houses
and disappeared. In Verka village, for instance, houses were not even
locked--they were lying empty, deserted. The situation is really
desperate and it will be surprising if the brutal torture by the police
does not encourage retaliation and fresh violence and create fresh
terrorists. People who had undergone terrible torture came to see us and
described these to us in detail. With these gruesome details reminding
one of the medieval days we are marching towards the 21st century. Who
can tell what is in store? We have included some of the descriptions in
our appendix for better comprehension of what the Army and the police
have been doing to our people. There is a distinct pattern in the
atrocities committed by the police, repeated raids in a particular
house, repeated arrest of a particular person, removal of his
agricultural implements, carrying away of the women to some unknown
destination, threats to set on fire the house and the crops, harassment
of relations, and finally extortion of money. Amritdhari Sikhs are not
"dangerous criminals" as the obsessed Army has declared, but the
Amritdhari Sikhs are in danger--their fate is uncertain.
We have pointed out, perhaps for the first time and
with proper evidence, that the story about the so called "highly
sophisticated arms" which were used to fight back the Army is totally
baseless. A number of responsible men and women who were inside the
Golden Temple throughout the Army action, described to us how innocent
people were slaughtered like rats--first letting them enter the Complex
and then declaring the curfew which prevented them from going
out--thousands were thus caught unawares, finally when the survivors
were asked to surrender they were shot in cold blood; our photograph
would show how the hands of men were tied at their back with their own
turbans, some of whom were shot. The post mortem reports show how the
bullets had pierced their bodies. The eye witnesses witnessed the use of
gas by the Army, the pile of dead bodies on the 'parikarma', the arrival
of tanks which some of them thought were the ambulances, the hovering of
helicopters at night, throwing their search-lights on targets which were
bombed, the wanton destruction of the Akal Takht, the Research LIbrary
and the Museum, and finally the killing of the 4 Sikhs of the Bunga
Jassa Singa Ramgarhia in the basment of the Akal Takht - Bhindranwale
was not definitly one of them. Of these eywitnesses some were arrested
and one is still inside jail, one was on the point of being shot but was
saved almost miraculously. The facts have exposed the Army's 'restraint'
we heard so much of and have proved conclusively that the White-paper is
after all not so white. We learnt for the first time with amazement that
the Red Cross was not allowed even to enter the Complex to attend to the
wounded, many not allowed water to drink died of thirst, on June 7, 28
people were pushed inside a strong room wihtout any ventilation and
locked up, and when the room was opened, 14 of them were dead. Bodies
were left to rot, inside the room and then burnt. This was free India's
Jallianwalla Bagh - leaving the old Jallianwalla Bagh of the British
days far behind in the number of killed and in the manner of killing.
We interviewed the sorrowing parents of some youngmen
who are now in Jodhpur Jail as 'dangerous terrorists'. They showed us
the photographs of these 'guerillas' gentle, innocent faces - all
between 20 and 23, looked at us through the framed photos. One was a
good musician, fond of books, a serious student in college - completely
apolitical, another an excellent chess player, well qualified, looking
for a job in the State Bank of India, yet another a designer of steel
furniture - there is not even a shred of evidence against most of these
boys. Some were arrested because they happened to live in the Golden
Temple Complex and were young.
We visited some special courts from outside and met a
few who were being tried under the Arms Act. We were told that there
were about 5,000 such cases - contemptuously called pen-knife cases. To
make the cases look more prestigious revolvers and pistols are sometimes
planted on the boys, even one cartridge would do the job. One of these
extremist we met in the court holding up his tattered 'banyan' asked up
'where could I have hidden a revolver?" Under the Terrorist Affected
Areas (Special Courts) Act, the accused had to prove his innocence and
virtually there was no appeal since the appeal was only to the Supreme
Court as far off as the moon in the heaved for the rural poor, so he had
to rot in jail - much longer than the punishment called for. But the
Government was happy with performance of the police- it is the number
that counted - being utterly oblivious of the hardship the families had
to face during the absence of their men. Thus circumstances have forced
many of these innocent people to stand before the Court and 'confess
their guilt", only to have the period of detention reduced and then
released. The Black Laws have virtually nullified the functioning of
ordinary criminal laws ensuring fair trial and some kind of level
justice.
For months the civil authorities had almost ceased to
function. It is only under a military dictatorship, army officers could
drag a Sarpanch to the Army Camp - and order him to produce some weapons
which he was suspected to posses and when he could not, made to stand in
a deep pit and earth piled inside till it reached his neck. We found
that the Army was hated not only by the common villager but by their own
retired Havaldars and Captains, for in several cases they were the
targets being Amritdharis. Today the image of the Army is of a communal,
corrupt, cruel, and a grossly insensitive force. Its drunken revelry did
not amuse the villager either. We have included some interviews in the
Appendix on the behaviour of the Army - they are revealing and ask for
no further comment.
Regarding communalism in Punjab we interviewed
several people both Hindus and Sikhs - excepting a few Hindus who
appeared to be communal and made some unsavoury remarks about the Sikhs,
we never came across any evidence of communal feeling and there
certainly was no migration of the Hindus from Punjab, but what we did
find was alienation - that old trust, that spontaneous affection is
gone, just now there is distrust and bitterness, unfortunately some
Congress (I) when are fomenting this distrust. In the villages, on the
other hand, there is harmony and friendship - as a villager remarked
"bad things always come from cities". The interviews held in different
villages gave us ample proof that the villages have still remained
unspoilt.
As regards Khalistan it is on record that even
Bhindranwale did not have a clear conception of Khalistan. According to
a recent report, Harminder Singh Sandhu - a close associate of
Bhindranwale has stuck to his statement that Bhindranwale never wanted a
separate state called Khalistan. Those who are asking for a separate
state do not live in Punjab, and one must not take their words as the
words of those who are here and all that they mean by Khalistan is to be
able to live with dignity and honour, inside India. We have recorded
some interviews on this subject - which has been falsely projected to
lower down the Sikhs - who are no less patriotic than any other Indian.
In our Report we have not made any comment on the
Anandpur Sahib Resolution, since reporting truthfully is our primary
function, we have to say that those days when we were in Punjab, nobody
talked about the Resolution. It could be because the people were too
harassed by the police and the army to think about the Anandpur Sahib
Resolution.
But now that Sant Longowal and the Prime Minister
Rajiv Gandhi have signed and agreement which includeds transfer of
Chandigarh to Punjab and also a reference of the Anandpur Sahib
Resolution to the Sarkaria Commission, it is necessary perhaps to write
a few words.
The "historical accord" as it had been hailed could
have been reached 4 years ago without much trouble at all - without
destroying the holy shrine Akal Takht causing so much pain and anguish
to those who hold their faith above everything else in life. One could
have reached Chandigarh without having to wade through blood of
thousands of men, women, and children since 1982.
But all this did not happen. What has happened one
might perhaps examine with some care.
While efforts to achieve the accord should be
appreciated, it cannot be disputed that no accord can bring lasting
peace in Punjab which ignores the burning issues over which the Sikhs
feel deeply agitated. The Rajiv-Longowal accord has seemingly forgotten:
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The thousands of so-called Army deserters.
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And thousands of Sikh youth languishing in different
jails of the country.
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And also the families of those - again running into
thousands - who have allegeldy gone to Pakistan but actually have been
killed by the police and the Army,
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The problem of absconders who are underground, and
who have fled under duress,
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Rajiv-Longowal accord has not said one word about the
police lawlessness or the repeal of most of the Black Laws, nor has it
dealt with the withdrawl of the Army from Punjab.
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The accord is silent about adequate compensation for
the November '84 riot victims.
Will the accord bring solace to those hundreds of men
and women who have lost their peace of mind because of the constant
terror of police they have been living in? As a poor village women told
us in Dera Baba Nanak - it is the poor who suffer when big people fight
for their 'Kursi'.
We place our report before the Government and the
people and demand that to bring back normalcy in Punjab, a General
Amnesty must be declared without much delay, police repression should be
stopped and all the black laws should be repealed forthwith.
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