The events of 1984, as well as the preceding and subsequent years, have made their mark on our history. These events are different from the expulsion of Ugandan Asians in 1972 and the displacement of Fijian-Indians in the late 1980s, because although both events affected large numbers of Sikhs, 1984 happened because of our religious identity – because we are Sikh. This inherently makes it different to other mass violations suffered by Sikhs, and is why we constantly use it as a benchmark in our recent history.
When I talk of 1984, I am speaking about the storming of Harmandhar Sahib in June of that year, and the Delhi pogroms in the three days following Indira Ghandhi’s assassination. But I am also talking about the widespread disappearances and mass-cremations that have been occurring in Punjab since 1984. Young Sikh boys and men are often the targets of these disappearances, which are carried out by the members of the Punjab Police. The aim is to eradicate a race, by ensuring the complete annihilation of its men. It is in essence, a continuation of the genocide against Sikhs.
We must also continue to remember the large number of forgotten Sikh prisoners who still languish in jails on weak or non-existent evidence because of draconian laws such as the Terrorist and Disruptive Activities (Prevention) Act, 1985 (TADA), and the National Security Act (1980). Many of the prisoners have been in prison since the troubles started in Punjab, and have already lost their families at the hands of the Punjab police. What is needed now is for Sikh organisations and Gurdwaras around the world to take a stand. We need to remember these forgotten Sikhs and continue to highlight their cases around the world. Only with the support of the international Sikh and non-Sikh communities, can we make real changes to how justice is dealt with in India. We must also unite with the other oppressed minorities in India, such as the Adivasis, and also the Christian and Muslim minorities. By uniting, we will be able to gather more support, and we will eventually change the system and get the justice we have been looking for, for over 20 years. Essentially we need to put our individual politics behind us and fight for the people who are being punished for simply asserting their human rights. India is NOT a signatory of the International Criminal Court, so it is incredibly important that we continue to not just educate ourselves, but also non-Sikhs. With international support will we be able to attain justice.
The State is meant to be a protector of the basic human rights of its citizens. Yet, for the Sikhs of India, the government which is meant to represent them, has continuously been their chief oppressor. This can be seen during the introduction of the Punjab Disturbed Areas Act in 1983. This act was brought in, in order to stem the Sikh agitation, and gave numerous disturbing powers to police officers. For example, police officers are able to use lethal force “against any person who is indulging in any act which may result in serious breach of the public order or is acting in contravention of any law or order for the time being in force prohibiting the assembly of five or more persons or the carrying of weapons”(cited by AW). Impunity is also guaranteed for any act committed by any officer under the act. “No suit, prosecution, or other legal proceedings shall be instituted except with the previous sanction of the State Government against any person in respect of anything done or purporting to be done in exercise of the powers conferred” (cited by AW). President’s Rule was also declared and consequently, Punjab has been subjected to this many times since its implementation. From this time onwards, the people of Punjab were susceptible to a variety of human rights violations. These violations became commonplace largely due to the popular view the lives of the police are more important than the lives of the people. Even the one time Director General of Police in Punjab K.P.S Gill has said “Human Rights become secondary in conditions when men [are] more concerned about their own safety and the safety of their property. In the present situation, human rights take a back seat”.
Sikh women tend to be used as a means to an end, and they are rarely tortured because of information they could give or actions they have taken. Rather they are tortured due to their relationship with Sikh men, and this is especially so if they have a certain relationship with an amritdhari1 man, as these men are seen as the epitome of a terrorist.
Rape, or the threat of rape, is not just confined to any subdivision or group of Sikh women; rather, it is a disturbingly common occurrence. A woman officer who works for the Punjab police felt the interrogation methods used on women are particularly brutal. She said:
Women suffer much. Male officers torture them. They also rape detainees. Some, who had been picked up, were in the interrogation centre. Then I read that they have been killed in encounters. [But] I had [just] seen them in detention! (Anonymous interviewed in Kumar, 1995).
Thus by killing the detainee after molesting them, the police aim to destroy all evidence, and hide the crime. Because of the lack of evidence, if the crime ever becomes public, it is the policeman’s word against that of the Sikh women. With the various legislative protections in place in Punjab, the police would undoubtedly be protected. Immunity of the police is granted largely because the crime was committed against women belonging to a minority group. Minority groups are seen as less worthy by the majority population, who have been the spectators in huge propaganda wars. Indeed, G.Kelkar has said “…there has been an increase in the violence against women; a rise in the number of rapes… and sexual and murderous attacks on young and pregnant women of religious minorities [and] ethnic groups…during communal and caste clashes”. The police use such situations as an excuse to violate their roles as protectors. Even if they do not rape women, equally dreadful forms of torture are carried out by the police. This often occurs when women are in custody.
By taking a person into custody, the police are able to hide their actions. Such was the case of sixty-four year old Gurmej Kaur, which was documented by Kumar et al in Enforced Disappearances, Arbitray Executions and Secret Cremations: Interim Report. She was taken into custody many times, because one of her sons was a supposed member of a militant group. During her time in custody, Gurmej was repeatedly tortured before being released.
According to the report, Gurmej was detained once again in 1992 “at the CIA2 staff office in Tarn Taran”. Yet again she was tortured and “was seen alive for the last time on 16 March 1993, at Verowal police post, by…her sisters, [who were] also in illegal custody… Her dead body was thrown into the river near Harike Pattan”. If the detention is illegal, the evidence of arrest and what proceeds it is often destroyed. However, the police can look to legislation such as the National Security Act, 1980 in order to easily provide reason to arrest somebody. Under this act, police are able to detain “people for the legitimate and peaceful expressions of their political views even on the basis of suspicion of holding such views” (SHRG, 1988:6).
Regardless of such lax legislation which already deprives citizens of their rights, the police tend to use their perceived ‘official powers’ to arrest citizens. Sudip Kaur from Voice for Freedom, Asia office with help from Amrik Singh from the Committee for the Coordination on Disappearances in Punjab has found this has happened in many cases including that of Kiranpal Singh and his wife Baljinder Kaur.
(1991) Kiranpal Singh was an ‘Amritdhari’ Sikh. He was an activist of Sikh Students Federation. This was a major reason why the Police used to often pick him up. Another reason was that his cousin Khushwinder Singh (since deceased) resident of Booth Garh was a militant. The Police used to pick up Kiranpal and ask him about Khushwinder Singh. At times, in the absence of Kiranpal, the Police used to pick up his wife Baljinder Kaur and his father Sewa Singh, aged 70, both of whom were severely tortured.
Bajinder Kaur’s had rollers rolled over her thighs. Her legs were pulled apart, her arms were tied at the back and she was suspended from the ceiling with a rope. In 1991, when he was released after two years from Nabha Jail, Ropar the Police picked him up from the gates of the Jail and detained him illegally for 17 days.
Torturing children is also a common occurrence, used in order to hurt the parent more than the child. The aim is to make the parent ‘co-operate’ and confess to the police. These confessions are very rarely true accounts. However, siblings of people already in custody or wanted by the police are often arrested. This was the case of Balbir Kaur who was illegally detained shortly after the arrest of her brother. Not one person was ever charged with her murder, even though the horrific details of her arrest soon became clear:
On 20 December, after eight days of custody, the mutilated body of Mrs Balbir Kaur was dropped back at their house in a police jeep. For the next three months she remained under medical treatment and died in March 1988 without ever being able to leave her bed again. Eight days of police custody had sealed her fate (CIIP3 , date unkown:18)
Thus, being related to somebody who becomes even slightly noticed by the police, has continuously been damaging to Sikhs in Punjab. It is highly unlikely that these women are involved in terrorist activities, but even if they were, they should have been dealt with through domestic law. It becomes apparent that torture is yet again a factor of police actions towards those in custody. Unfortunately this is because as stated by Asia Watch, “virtually everybody detained in Punjab is tortured”.
In Punjab, Sikhs are seen to be tortured because of their religion. Each individual man is seen as an active part of what the police see as a terrorist nation. Each women is a possible producer of yet more terrorists. To torture them is to defend the state by humiliating and hurting a potential destructive force. To torture Sikhs is to put them in their place. The aim is to destroy the unity which is created by belonging to the Sikh religion. Of the torture suffered by Sikh males, Axel states:
Yet the performative moment of torture constitutes its object, the body, as both Sikh and male, as both citizen and monsters, as both something that belongs to the state and something that exceeds the state. (Axel, 2001:137)
Sikh women are tortured because of their relationship with Sikh men. Sikh women are seen as a device with which the heart of the religion can be attacked. Tortures such as electric shocks, may be used to harm the reproductive role of Sikh women (as well as Sikh men). The harm inflicted is usually both biological as well as psychological.
The case of Nasib Singh, as told to Sudip Kaur and Amrik Singh is evidence of how the whole family, not just one individual, are physically persecuted by the police. Nasib Singh was a 45 year old farmer lived with his wife Kulwant Kaur and an 8 year old son in his village Dahir, in dist. Ropar. After his brother Jhilmil Singh had been killed by the Police, Nasib Singh deserted his home fearing police harassment.
According to Police record, he was killed in an encounter with the Police on 21st Mar 1993. This information was conveyed to his family members by the Police. His dead body was identified by his mother Ajmer Kaur, brother Netar Singh and the village Panchayat*, at Morinda police station. His brother Netar Singh was already in Police custody for the last two months. His brother Netar Singh was detained illegally and tortured brutally, for two months. He was released after Nasib Singh had been killed. His mother Ajmer Kaur also was detained illegally at Chamkaur Sahib police station for 4-5 days. His sister-in-law (Brother’s wife) Avtar Kaur also was detained illegally for 20-22 days. His wife Kulwant Kaur was picked up in January 1993 and subjected to third degree torture. Her son was just a toddler then.
Women are also tortured not simply because of the torture they are faced with, but also due to their larger social role. Due to the certain social and financial conditions which still exist in India, women are still the primary carers of children. Consequently, when “the horrifying tales of police torture of minor children in judicial custody [came] to light in Punjab” (Majumda, 1985:14), their parents naturally suffered. However, according to some, it was women who suffered more because according to Bibi Inder Kaur, who was interviewed by Menon and Bhasin for their 1998 book, “a man adjusts more easily, emotionally; even if he loses his children he adjusts, if he loses his wife, he adjusts. A woman is more emotional, that’s why she cannot forget it ever…”.
Although India became a signatory of the UN Convention against Torture in 1997, the huge delay is testimony of India’s attitude towards such documents. Its blasé attitude means that the citizens of India are constantly denied even minimum protection on a universal level. Thus, the Punjab police and indeed the government continue to violate the human rights of minorities. The culture of the country means that certain violations, especially those which take place against women or people of lower castes are accepted. Although the police continues to be a corrupt force its actions are rarely seen as a crime by the majority population who have not suffered at their hands. Yet,
The illegitimate character of police violence provides clear moral and political justification for labelling it a crime; [it has] both deviant character (relative to specific audiences) and…illegitimacy (the violation of norms that the police themselves purport to uphold)… (Green and Ward, 2000:109)
Consequently, it should be treated as any other crime and the people involved should be punished through the applicable law. However, from 1985 until 1992, Amnesty International reported that they knew “of only three out of 415 cases of custodial deaths [in India]…in which police officers accused of torturing people to death have been convicted by the courts” (cited in KHR,1994). To date the percentage of such convictions has still not been relative to the number of custodial deaths. An air of secrecy still exists over India, and until corruption ceases in all areas of the government, little will be done. The police who are known to frequently torture and kill will carry on doing so. With such immunity as that offered through the backwards Indian legal system, such cases as the ones written about above, and the many more not listed, will continue to occur.
“The death of Bimal Kaur Khalsa, MP, widow of Beant Singh, one of the alleged assassins of Indira Gandhi, illustrates the confusion that surrounded the fate of even prominent persons. The only thing certain about her death is the date: Spetember 2, 1990. Bimal Kaur Khalsa had police guards who used to be changed frequently…The first reports that reached the press indicated that Bimal Khalsa consumed cyanide. As she had two small children, the suspicion immediately arose that she had been forcibly administered cyanide. Subsequently this story was “corrected” by the police and it was given out that she had died by electrocution while using a washing machine. A 13-year-old servant normally did this work but this boy was not in the house at the time of her death. Her nearest relative demanded a post mortem which, under normal circumstances, the police was bound to conduct on request but the police refused this.” Pg 119-120 Inderjit Singh Jaijee, Politics of Genocide
These events in Punjab and the pogroms in Delhi, are our Holocausts and they need to be remembered as such. The after-effects of the events are still continuing today. Children of those who were killed or disappeared are suffering from mental health problems, as a result from either seeing their parent killed, or suffering the unexplained disappearance. And as Sudip Kaur continues to point out, we must not forget the harassment of the families of the disappeared, which is continually occurring by the very police officers who were responsible for their diasappearance in the first place. She says “the Government of India and the successive Governments in the state have done nothing to keep these officers out of active duty. They still wield a lot of power and this is dangerous.”
Navkiran Singh from Lawyers for Human Rights International has stated “the Punjab police know very well that they can get away with crimes such as false encounters, disappearances, torture and killings. The Government need the Police to be by their side, so they will not do anything. Although certain police officers are facing prosecution, it is the tip of the iceberg and the justice process is so slow that nothing will happen. India needs to have special human rights courts where judgements can be delivered fast.”
Alongside this, we also have to broaden the notion of human rights. Currently we focus of civil and political rights, because of our turbulent history. But now we must also look at social and economic rights. The Green Revolution in Punjab has now shown itself to be harming Punjab more than it is helping. The introduction of hybrid seeds and foreign crops such as rice, as well as the overuse of pesticides, has led to Punjabi farmers becoming increasingly impoverished. They are consistently paid less than the cost price when selling their crops to the government, and the excessive use of water to hydrate the paddy fields is draining clean drinking water, which could be used by the people. Farmers in South India are being paid compensation by the government, but farmers in Punjab are continually becoming increasingly indebted, and this has led to a phenomenon of rural suicides. Obviously this topic needs another conference, but it is something we should be thinking about. So much of our heritage is in Punjab, so we must remember to help continue the fight for the state and for its citizens.
1. A baptised Sikh (has taken Amrit and therefore been initiated)
2. Central Intelligence Agency – a special agency within Punjab Police
3. Committee for Information and Initiative on Punjab
