Siege of the Sikhs by Justice Ajit Singh Bainsis perhaps the first comprehensive analysis of the present day situation of the Sikhs in India especially in the Punjab. It is definitely the best one that has been read so far.
The author was a judge of the Punjab and Haryana High Court for a decade (1974 to 1984) and in 1985 he was appointed as the head of a committee to review the cases of persons under trial and investigation in connection with the political agitation between 1981 and 1985. He heads a human rights Organization in the state now.
In his section on human rights in Punjab where Justice Bains discussed the inclusion of undemocratic provisions in the constitution under which new draconian laws have enacted. A leading Indian jurist Soli Solarji is quoted as saying (this) “law completely deprives the accused person of any semblance of a free and just trial.”
Rights Crucified In Punjab
While examining the violation of human rights in Punjab. We read former Supreme Court Justice Krishna lyer’s comment where he says “Justice in Punjab has been crucified on the cross of law, and if the nation does not demand resurrection of the right to justice, constitutional guarantees may degenerate into printed rhetoric and human rights die a natural death,
Justice Bains tells us how vehicles are stopped and searched arbitrarily. Amritdharis (baptized Sikhs) and persons wearing saffron turbans are separated…
Hundreds Tortured Every day Jodhpur jail still holds 325 detainees who were arrested during the first attack on the Golden Temple on the morning of June 6, 1984 and no foreign journalists foreign legislators or civil liberty activists are allowed to enter Punjab.” he says.
He also points out that the draconian laws are selectively applied. All those in the favor of Central Government are permitted to operate in whatever way they please and others are persecuted.
Hundreds of persons are tortured every day in different torture camps. In every district, many of the rest houses have been converted to torture camps,” says Justice Bains and describes the modes of torture which include severe beating, electric shocks and putting of chilies in the rectum. Some ‘of “those who suffer irreparable injuries are murdered and listed as killed in encounters,” he adds.
Govt Run Criminal Gangs
Justice Bains lists evidence of government supported convicted criminals carrying out killings in Punjab, and such a gang operating from the Golden Temple under the direction of Senior Superintendent Of Police Amritsar Izhar Alam and quotes the Deputy Commissioner of Ludhiana writing to the Chief Secretary of the State that, “in one case the Station House Officer of the police arrested 5060 children while they were playing.
And kept them in custody for 18 hours.” He says police routinely book people under the Terrorist Act, even under the most minor and arbitrary pretexts.
Police Admit Faking Evidence
In a chapter on State Terrorism Justice Bains says police officers admitted to him that most of the accused under National Security Act, and those killed in fake en. Counters were falsely implicated and evidence against them was trumped up.
In the Part II of his book entitled “Punjab and the problems of Centre State relations,” Justice Bains describes how India is a multinational country like Europe, and each nation has the right to have a state of its own. They can voluntarily form a confederation but could be kept together by force, he adds.
Many Nations In India
By stating this Justice Bains has hit the nail right on the head. India is not a nation state and because there has been an endeavor to liquidate and destroy the identity of these nations since the arrival of the British in the beginning of the century and accelerated under the Indian colonial rulers since 1947.
In his chapter on “River waters and natural resources” Justice Bains says that the story of the last years of central rule in the story of the oppression of the Punjabis and other nationalities and tribal people.” He points out how the constitution and riparian principles were violated to give states other than Punjab a part of Punjabi’s natural resources. Destruction Of Nationalism He points out how the natural aspirations of a number of nations in India were curbed. The central government assists, systematically rearranged various nation states on linguistic bases so as to destroy national identities.
But in the case of Punjab they refused to let Punjabis have a land of their own called Punjabi Suba for years till widespread protests forced their hand.
“India gained its formal independence but became a prison of nations, national minorities and tribal people.
Lower Castes Persecuted
The rich are getting richer, the poor get poorer in India says Justice Bains in his chapter on “India Today” pointing out that there are at least 10,000 attacks on Harijans (dubbed as “untouchables” by the Indian Caste System). The HariJans are persecuted by the “tacit approval of the forces of Law and Order whose unique contributions to the Largest democracy is such that in Bihar the Karindas (retainers of the land lords) go to milk the lactating tenant women when landlords are short of cow’s milk.
Justice Bains also describe the glorious history of Punjab the repeated invasions of the Golden Temple, the patriotism of the Sikhs and the role of Sikhism and struggle for state and social oppression.
Golden Temple Symbol of Defiance Against Tyranny
He narrates how the Golden Temple has been a symbol of resistance against tyranny of the government since its inception. “History is repeated with instances of how the people who defended the Golden Temple were persecuted” he says.
“In Operation Bluestar the government destroyed the Sikh Reference Library and the records of SGPC as well as Holy Akal Takhat. In Operation Black Thunder it destroyed the Sikh museum and the historic Bungas (towers) of the 18th century. Now it is destroying other buildings in the complex, says Justice Bains.
State Terrorism
Why are Sikhs under attack? Justice Bains asks. Ina fashion like that of Gobbels under Hitler, the government wants to single out the Sikhs and persecute them as an “inferior race.”
He shows how the recent movement started in 1982 with the Anandpur Sahib resolution as its focal point.
It was a constitutional and peaceful movement to which the state retaliated by killing men in police custody.
Justice Bains also analyses the role of the Press in orchestrating the hysteria against the Sikhs and traces the present discrimination against the Sikhs as a continuation of British colonial polices.
Unite Against Tyranny
“The time has come for a broadly-based unity of all freedom and justice loving people, no matter what their religion, ideology, caste or region. Such a unified force must fight the social tyranny and state terrorism of the Indian government. It must oppose the draconian laws and repressive measures which the government of “the world’s biggest democracy” has imposed. As a matter of principle, it should defend the people of Sikh religion who are being humiliated, oppressed and massacred by the forces of reaction just as it should defend the people of any religion or region against discrimination, exploitation and oppression.
Rights of Sikhs Trampled Upon
“No amount of theorizing or sophistry can obliterate the fact that the most basic and fundamental rights of the people are being trampled in Punjab and throughout India. History has shown that the people will not allow such oppression to last definitely. They will rise up to end this state of affairs and establish a state where genuine independence, democracy and progress is ensured. Sieges of any type are never permanent. The current siege will soon be broken but not before the fires now burning in Punjab grow hotter with the passions of a people united to fight for their rights and freedom. With confidence and optimism, we must look forward to the day when our cause will emerge victorious, when violations of the people’s rights are at an end and a just and democratic society is finally put in place,” says Justice Bains at conclusion of his book.
It is a book which should be studied by all those interested in the recent Sikh history and all freedom loving people.
“Siege of the Sikhs” by Justice Ajit Singh Bains, published by the New Magazine Publishing Company Ltd P.O. Box 156, Station A Toronto Ontario MSW 1B2 Phone 4162534303. Also available from The Sikh Religious and Educational Trust P.O. Box 1553, Dublin Ohio 43017.
Article extracted from this publication >> February 24, 1989
