World Sikh News, in its efforts to apprise its readers of the situation in the Punjab and the world view of the area has obtained the 1992 U.S. Department of State report on Human Rights practices in India; we will be publishing the excerpts from the report in serialized form

India is a secular republic with a multiparty political structure based on Indian political traditions and aspects of the British parliamentary system. National elections held in 1991 in all states except Jammu and Kashmir and Punjab resulted in a Congress (I) party government headed by Prime Minister P. V. Narasimha Rao. By elections and party shifts gave the Congress (1) and its allies a parliamentary majority in September 1992. President’s Rule (direct rule from New Delhi) remained in force in Jammu and Kashmir, was declared in the states of Uttar Pradesh, Madhya Pradesh, Himachel Pradesh, and Rajasthan following massive communal violence in December but was lifted in Punjab on February 25, following the installation of an elected state government.

 Although India is a functioning democracy with strong and legally sanctioned safeguards for individuals and an independent judiciary, there continue to be significant abuses of human rights, many of which are the product of violent ethnic, religious, caste, communal, and secessionist activities and the Government’s reactions to them.

As in past years, the main problems continue to include: paramilitary, and army excesses against civilians; particularly in Punjab, Assam, and Kashmir in response to attacks by militants; political killing, kidnaping, and extortion by militants in Punjab and Kashmir; extrajudicial actions (beatings, extortion, torture, rape, and fake “encounter” killings) by the police against detainees throughout India; incommunicado detention for prolonged periods without charge under national security legislation; general failure to prosecute police and security forces implicated in abuse of detainees; widespread inter-caste, religious, and communal violence; inadequate implementation of laws protecting women’s rights; infrequent prosecution of “dowry deaths” (wife murder); and widespread exploitation of indentured, bonded, and child labor.

 RESPECT FOR HUMAN RIGHTS Respect for the Integrity of the Person, Including Freedom from: a. Political and Other Extrajudicial Killing Political killing by both militant and government forces continued at an alarming rate, particularly in the states of Punjab, Jammu and Kashmir, and Assam where separatist insurgencies continued in 1992. Terrorist attacks by militant groups accounted for hundreds of killings, as did excesses by security force members in encounters with militants, Additional killings resulted from ethnic and communal strife in other parts of India. Security and police forces were also responsible for the extrajudicial killing of some prisoners in detention. Extrajudicial killing of detainees by police received increased public attention in 1992, but there was little evidence that those responsible were punished. Moreover, a September 1991 amendment the Code of Criminal Procedure granted broad protection to all public servants, including the security forces, from prosecution for acts committed while discharging their official duties in states under President’s Rule; any such prosecution may now be pursued only after the central Government’s permission has been received. (See Section 4 for discussion of the case of Hirdai Nath Wanchoo, a human rights activist murdered by an unidentified gunman).

 Jammu and Kashmir

Militant groups seeking Kashmiri independence continued (0 Carry Out politically motivated killings on a wide scale, targeting’ government and police officials, alleged police informers, members of the press, and members of rival factions. Among the victims was the daughter of a former Member of Parliament, an employee of the Stale road Transport Corporation, and Nazir Siddiqui, who earlier mediated the exchange of militant detainees for kidnaped Indian oil executive. Press reports indicate that 1,106 civilians died in insurgency related violence in Kashmir during the year ending November 30, 1992, Combatant casualties during this same period numbered 982, many of whom died in encounters with security forces or under other suspicious circumstances.

Punjab

There were credible reports that police, in particular, continued to engage in faked “encounter killing.” In the typical scenario, police taken into custody suspected militants or militant supporters without filing an arrest report. If the detainee dies during interrogation or is executed, officials deny that he was ever in custody and claim he died during an armed encounter with police or security forces. Afterwards, the bodies reportedly are sometimes moved to distant police districts for disposal, making indemnification and investigation more difficult. The Armed Forces (Punjab and Chandigarh) Special Powers Act of 1983 and the Punjab Disturbed Areas Act of 1983 grant army/ paramilitary, and police member’s wide discretion in the use of lethal force, thus permitting easy claims by authorities of encounter killings. Indian human rights groups estimated that 1,350 people were killed in faked encounters in India during the first 9 months of 1992.

 In January at least a dozen bodies were found in irrigation canals in Punjab. Some of the bodies were reportedly found with hands and feet tied together, others with facial hair burned off, lending credence to accusations that the police were dumping militants into the canals following execution. The state government ordered the police to conduct an investigation into the charges. The Police Inspector General responded by conducting a survey of district police superintendents to ascertain whether any of them had seen bodies in the canals in their districts. This survey uncovered two other incidents in which bodies were found in canals, but there was no follow up to confirm identities or determine the causes of death. There was no indication that any police officers were held responsible and punished.

Militant Sikh organizations engaged in random attacks on public sites and targeted civil servants, political activists, journalists, presumed government informers, members of rival groups, and police officials and their families. Their area of operation spread from Punjab into the neighboring states of Haryana and Uttar Pradesh, as well as Delhi. Six principal militant groups carried Out terrorist activities in the name of the struggle for an independent Sikh state Khalistan.

 Civilian deaths in Punjab were down about half from the 1991 rate, due mainly to a heavy army presence which helps keep insurgency remained one of the most violent in the world, with 4,049 people killed during the year ending November 30, 1992.

Press reports for this period indicates the following breakdown of insurgency related deaths: 2,036 civilians, 226 security force personnel, and 1,787 alleged militants.

 The past 3 years have brought increased violence between police and Naxalites (militants using violence to bring about radical land reform and other populist policies) in Andhra Pradesh, Bihar, and surrounding areas, Naxalites targeted politicians, landlords, and opponents, killing at least 1,200 since 1989. Incidents of Naxalites violence, according to government records, climbed from 90 Lin 1989 to 1,876 in 1991, Paramilitary forces were deployed throughout Andra Pradesh following the December 1991 assassination of Congress (I) leader T. Hayagnivachary by the People’s War Group, the most militant Naxalites faction. During sweep operations, government forces claimed to have killed 40 Naxalites in armed encounters.

Credible reports indicate that many of the encounters were faked to cover executions by paramilitary forces; the most prominent case was the killing of Gulam Rasool, a local investigative journalist, in an encounter with the state police in December 1991. Following public protests by journalist unions and civil liberties groups, the Supreme Court ordered the Andhra Pradesh government to investigate the death. A retired High Court justice was appointed to lead the inquiry, but no report was issued, the editor’s guild of India subsequently launched its own investigation which concluded that Rasool was killed by the police in a fake encounter. Indian human rights groups cite credible reports of 97 Naxalites killed in encounters during the first 4 months of 1992, the highest recorded rate of encounter killings involving Naxalites.

Assam

Some 40,000 Army personnel were deployed throughout 1992 to combat terrorism by the United Liberation Front of Assam (ULFA). ULFA has been responsible for killings of politicians, police officials, businessmen, and other innocent civilians. Under the Disturbed Areas Act and the Armed Forces Special Powers Act for Assam, the army and security forces were given wide discretion to use lethal force in Assam. According to government statistics, government forces apprehended some 5,400 ULFA partisans during 1991 and early 1992, killing 24; human rights groups claimed the army killed at least 40 people under custody, charges denied by the army. In July a senior inquiry committee appointed by the Assam government held the Indian army responsible for the deaths of two persons who the army claimed was killed in cross fire on April 16, the state government accepted the report and initiated prosecution of the five soldiers involved. A pact signed in April between the Government and some ULFA leaders sparked factional violence. Two ULFA partisans who had attempted to reenter civilian life were found dead in July. In August the bodies of three ULFA activists who favored negotiations were found with their tongues and hands cut off. State authorities blamed these killings on a rival militant group. Militants reportedly killed over 50 civilians after kidnaping them. Bodo separatists were also active in Assam, and were blamed for an October 13 train bombing that killed at least 27 people and injured 45, along with two November 21 blasts that killed 30 and injured about 100.

Bihar

Police killed over 20 people and injured many more in a number of incidents over a 4day period in March. Police reportedly looted homes and beat or shot resisters after being refused “gifts” by villagers during the Holi holiday period. On the final day, Villagers attacked a police convoy in retaliation; the police shot over a dozen people, and one police officer was seriously injured.

 To be continued

Article extracted from this publication >>  March 5, 1993