Speech delivered by D.S. Gill, General Sectary Punjab Human Rights Organization, at a convention against the 59th amendment to the Constitution held at Mavalankar Hall, New Delhi on 8.7.1988.
On behalf of Punjab Human Rights Organization, I thank organizers of Emergency Virodhi Manch for the invitation extended to us to join today’s convention.
Needless to state that the P.H:R.O stands for restoration and strengthening of democracy in India and is opposed to the authoritarian ways of the present Government of India and some of the State Governments.
However, without mincing words, we would like to express our reservations about the efficacy of the proposed movement against emergency in Punjab or elsewhere. We in the P.H.R.O. would respectfully submit that the scope of the proposed movement is vague; thinking behind the opposition to the 59th amendment is blurred and narrow; the platform leaves much to be desired. The entire exercise smacks of pre-election fears entertained by the opposition parties that an unpredictable Congress (I) bulldozer in Punjab might upset the opposition’s apple-cart in the rest of India
Had it not been so, the Emergency Virodhi Manch would have calmly analyst the events culminating in the passage of the Emergency bill at the instance of the ruling party; it would have laid bare the Congress (I)’s entire strategy in Punjab and its repercussions for democracy in the country; it would also have critically examined the forces that had been playing second fiddle to the ruling party’s games in Punjab and a few other regions. That alone would have provided the much-needed political perspective. In its absence, any talk of educating the masses about Emergency is mere wishful thinking.
We in Punjab feel that the ruling party’s Punjab strategy, at least its initial phase, was so shaped as to serve as corrective to the mistakes it committed in 1975-77. One notable mistake the ruling party then committed was to try a “secular dictatorship” for the sprawling, diverse India, Punjab is not only a bread basket and protective arm of India but is also a highly politically advanced segment of Indian society. That is why Punjab in 1975-77 was in the forefront of Indian peoples struggle against the Emergency. The Congress (I) on return to power in 1980 saw to it that this advanced segment was crushed first to pave the way fora prolonged authoritarian sway over the rest of India,
Thus, Punjab was deliberately and calculatedly designed as a political laboratory where instruments of dictatorship were put to test, trained and perfected. The enterprise threw up a strong cadre of civil and police bureaucracy equipped with a whole specie of undemocratic and fascist laws. Also brought about were corresponding institutional changes such as a pliable press, an appropriate Judiciary and a rubber-stamp legislature, all committed to authoritarianism. These instruments by and by were extended to cover many other parts of the country. The 59th amendment is the latest weapon in the ruling party’s fascist armory.
Many people will be tempted to assert : why, some of the measures were necessary to maintain law and order; to prevent innocent Killings; to ensure unity and integrity of India endangered by a whole range of demons from Anandpur Sahib resolution to A.K.47’s to anti-aircraft guns etc. etc. These measures, it will be further argued, are required to detect and counter the Pak hand so very clearly visible even to the naked eye.
True, Pakistan has not forgotten the loss of East Pakistan. Also true that the ruling circles in Rawalpindi are pinning high hopes on a troubled Punjab as a part of its politico-military strategy in the region.
Bangladesh with India’s active military help was formed in 1971. One may legitimately put a counter question: could Pakistan achieve any noticeable breakthrough in India’s Punjab between 1971 and 1984? Obviously, the Congress (1’s strategy of bulldozing Punjab; making it a laboratory of fascist experimentation; compelling Sikh youths to take shelter in Pakistan, get training there and to return to hit back at whatever, in their perspective, symbolizes Delhi in Punjab.
Unless the ruling party’s dubious, vindictive hand in Punjab is held; unless the entire gamut of the Punjab problem us gone into it will be impossible to wage a meaningful battle against the threat of emergency. In other words, the participants must have a clear alternative Punjab policy other than what Congress (I) has. That is the only way to defeat Congress (I)’s plans.
A lot has been said and may be said of the dangers to life and liberty if the emergency provisions are enforced. For us, in Punjab, these “apprehensions” sound so superficial. There already exists an undeclared Emergency. False encounters have become a way of life with the police and other security forces, indescribable methods of torture have been introduced that may put to shame as mild mannered any fascist regime in the world; several thousand men and women are rotting in jails, many without trial and even without charges. The entire system has become so brutal does anyone here know that even the All India Sikh Students Federation Convenor, Guyjit Singh, has died in police custody? This piece of information alone speaks volumes of the role of the police and the Press in Punjab. No wonder Punjab is in deep ferment.
It is interesting to recall that Punjab was in turmoil even on the eve of the 1965 Indo-Pak war. With one stroke of high diplomacy, tinged with justice, the then “non Congress (I)” Prime Minister, Lal Bahadur Shastn, had announced the formation of a Punjabi speaking state but the gesture was sabotaged by the Congress (I) which returned to power with Shastri’s death. Most of the present day problems for Punjab and India are the creation of the Congress (Ds scuttling of Shastni’s Punjab policy.
Instead of understanding this perspective; instead of opposing and exposing the Congress (I) strategy particularly adopted since 1981-82, many opposition parties, unfortunately, became a pawn in the Congress (I)’s game. As and when the Congress (I) felt the danger of exposure of its Punjab plot, some of the opposition leaders came to the ruling party’s rescue and became its shield. E.P.I. leader in Punjab went to the extent of lobbying for “further tightening up” of the authoritarian “State structure” in Punjab before the ruling party actually drafted the 59th amendment while a B.J.P leader in Punjab had no objection to the S9th amendment being implemented in Punjab.
Any talk of struggle against the 59th amendment from this type of platform will have only limited meaning. That is why the P.H.R.O would be content to wait and watch. Meanwhile in Punjab it will continue its crusade against the stepped up violation of human Tights by the Congress (I) authoritarian state and for a just Punjab solution:
The P.H.R.O. avails this opportunity to reiterate its recommendations on Punjab as below:
- In the first instance the 59th amendment to the Constitution should be rescinded. In addition, all the anti-democratic black laws enacted for Punjab should be released.
- All prisoners held in connection with the Punjab problem should be set free or tried under the normal democratic laws.
- All those responsible for the November 1984 massacre of Sikhs following Mrs. Gandhi’s assassination should be brought to book (Cont. on Page 5, Col. 4) as speedily as possible. Those responsible for fake encounters in Punjab should also face the process of law.
- There should be a head-count of the causalities resulting from the political turmoil in Punjab. There is absence of knowledge of those who suffered at the hands of the State and its agencies. The state’ has been odd-handed all these years: it has only given the lists of causalities as a result of violence indulged in by private groups and. individuals, Without the headcount, a proper plan of relief and rehabilitation cannot be thought of.
- Those who lost their positions in public and private sector services as a Sequel to the Punjab problem should be reinstated. These include military and police officials whose services were dispensed with under emotional stress by the authorities.
- In keeping with the spirit and “social aims of the freedom movement reflected finally in the All India Congress Working Committee resolution favoring the creation of a “Punjabi speaking State out of the (then) existing State of Punjab”, strictly on linguistic basis. Thus, not only the Punjabi speaking areas in Haryana and Rajasthan but also those in Himachal Pradesh should be merged into Punjab. More specifically the areas comprising Bhakra, Pong and other hydro-electric projects should be transferred to Punjab.
- The constitutional right of Punjab to its river water resources (Entry 17, List To, and Schedule 7) should be restored and respected in to and not curbed or curtailed through devious means. In tum, Punjab should show goodwill towards its neighbors and allow water supplies on the basis of equitable bilateral, time-bound agreements on consideration. The controversial, politically motivated, S.Y.L canal should be dismantled forthwith.
The implementation of the abovementioned schedule will create its own momentum to pave the way for a negotiated settlement of the Punjab issue on the bases of liberal autonomous powers granted to Punjab. No harm will come to India if powers are similarly transferred to other States as well. An in-built mutual dependence of different nations in India could be provided in the new scheme of Construction which should also incorporate the U.N. principle of people’s right of self-determination where mutual dependence fails.
Article extracted from this publication >> August 26, 1988
