This memorandum released by the Panthic Committee and supporting organizations such as the Sikh Youth of America World Sikh Org Sikh Center of N.Y. Singh Sabha of N.Y. Sikh Cultural Society of N.Y. Singh Sabha of Glen Rock NJ. Gurdwara Sahib Bridgewater N.J. Council of Khalistan Babbar Khalsa International Guru Gobind Singh Foundation was presented to Mr. Boutros Boutros-Ghali. The Secretary-General of the United Nations in New York.
The Panthic Committee would like to congratulate you upon your appointment to the position of Secretary General and wish you success in your work.
In light of the attempt by India to gain a permanent non-veto seat on the United Nations Security Council we would like to take this opportunity to bring your attention to the actions of the Indian government against its own citizens. While the Indian state desires to obtain a seat on the basis of its regional power status we would like to reiterate that such claims can only be made by governments that enjoy legitimacy amongst its own people and his is certainly not the case with the government of India. Like the former Union of Soviet Socialist Republics the Indian Union continues to imprison its various nationalities and press upon the world it’s militarily acquired and retained status.
We wish to inform you of the plight of the Sikh Nation in the state of India. The government of India has no vicious campaign of disinformation and misinformation brandished the movement for national liberation by the Sikhs as a terrorist and violent campaign. Most of the international press too has continued to play host to India’s relentless propaganda machine. In recent days U.S. Congressman Dan Burton (R-Ind) while commenting on the press coverage of events in India stated that “it provides little insight into why Sikhs are dying for a homeland that they call Khalistan.” By denying Sikhs their most basic and inalienable rights and unleashing a campaign of terror on the Sikh people the government of India has forced the peace-loving and enterprising Sikh Nation to struggle for its rightful independence.
In 1947 at the time of transfer of owner from the British to the Indian state the Sikhs were the third party receiving “home rule”. The Sikh Nation opted with India upon assurances by the then Indian leaders Nehru and Gandhi to grant Sikhs their territorial and sovereign rights in the homeland of Punjab and guaranteed that no law affecting Sikhs would be passed without their consent. At a press conference of the All India Congress Committee on July 61946 Jawaharlal Nehru stated “the brave Sikhs of the Punjab are entitled to special consideration I see nothing wrong in an area set-up in the North wherein the Sikhs can experience the glow of freedom.” Mohandas Gandhi speaking at Gurdwara Sisgan in Delhi said on March 19-1931 that “our Sikh friends have no reason to fear that it (Congress) would betray them. For the moment it does so the Congress would not only thereby seal its own doom but that of the country too. Moreover Sikhs are a brave people. They know how to safeguard their rights by the exercise of arms if it ever should come to that ask you to accept my word and the resolution of the Congress that it will not betray a single individual much less a community.” Sadly for the Indian people the government of India has forgotten the promises of the leaders of its own movement for independence.
In the current constitution of India not only are there laws that provide for the legitimacy of the Stalinist regime but the continues enactment and application of its draconian laws area slap in the face of the world’s democracies and an insult to the worlds people and our cherished right to democracy and freedom.
The present laws of India allow for a detention of up to one year without charge for investigation into broadly defined offences. Prisoners held under this Act can be tried in camera and the burden of proof is shifted on to the accused to prove his or her innocence. The Terrorists and Disruptive Activities (Prevention) Act (T.A.D.A.) imposes a minimum of five years imprisonment on anyone convicted of such activities including the peaceful expression of views which question the sovereignty or territorial integrity of India.
It is worth nothing that the Sikhs have to date not signed and ratified the Indian constitution. In 1950 at the time of the framing of the present constitution the Sikh representatives in the Constituent Assembly walked out rather than Consent to a constitution that does not even recognize Sikhs as a separate entity. Yet this document is used to legitimize actions and Jaws that ignore all precepts of established international laws and covenants Since 1966barring the dictatorial era of “Emergency” not one state legislature of Punjab has been allowed to run through its entre tenure of five years due to a repeated application of Presidents Rule Since May 1987 the entire state has been under virtual martial law with the dissolution of the state assembly. Legal powers have been removed from the executive legislative and judicial branches of government and placed in the hands of a police paramilitary and army force known for its brutality and oppression against the very citizens it is supposed to protect. Despite several reports and accumulated evidence by Amnesty International and Asia Watch of torture rape and looting by security forces to date not one police official or soldier has been charged with any sort of offence. In 1989 the then Director-General of Police opposed taking legal action against police officials charged by the Supreme Court for torturing detainees at the Ladha Kothi Jal on grounds that “prosecution would demoralize the police force.” In 1991 a Brigadier of the Indian Amy sent letters to the Mayors of six villages stating that he would kill the male population of the villages confine the women to tents and “breed a new race.” Speaking on the current situation in Punjab Congressman Dan Burton said “I have started to think of the Punjab as having even worse problems than the U.S. did back in 1776. I think its improper for me as a congressman to advocate or sanction armed struggle butas.an observer let me just say that they are suffering from severe oppression… can understand their desire to get freedom and democracy and human rights at any price.”
In its most recent attempt to suppress the Sikhs and manipulate their emotions and sentiments for its own selfish goals the Indian government has amassed more than 180000 troops to supplement over 250000 paramilitary and police forces in the Sikh homeland of Punjab. The Indian government has unleashed another campaign of terror in order to force the Sikh populace to submit to the will of the Indian state rather than allow for a genuine democratic expression of the popular sentiment. As Congressman Dan Burton reiterated “the real purpose behind the deployment was to quell any and all voices brave enough to speak out for freedom democracy and human rights.” To justify the use of brutal military force and its undeclared martial law against freedom and peace-loving Sikhs it has manipulated anti-social and criminal elements to attack innocent civilians and discredit the Sikh movement for independence in the so called state the absolute monopoly over the media is then used for a further manipulation events The hypocrisy and self-serving manipulation of the planned election in Punjab is highlighted by the fact that all the major Sikh political parties have decided to boycott the elections. The Panthic Committee stands by the Declaration of Independence of the Sikh Nation on April 29-1986 and calls for a negotiated settlement to the conflict.
Until the Indian government is willing to begin the process of a Peaceful resolution to the conflict. We urge that in the very least it respect the United Nations Declaration of Human Rights and put an end to the campaign of torture violence and rape. In an attempt to the truth of the situation in India the Indian government has suppressed the activities of journalists and arrested several human rights activists in the field. It has also banned Amnesty International from conducting an investigation into the alleged atrocities by the Indian security forces and the International Red Cross from providing relief to the victims of state terrorism. For the protection of human rights in Punjab we strongly appeal to you to recommend the following to the Indian Ambassador to the United Nations.
- India should withdraw all the military and paramilitary forces from Punjab and restore the legal political and human rights for its citizens and unconditionally release all those languishing in Indian jails.
- The Government of India should establish independent and impartial commissions of the query into all repots of encounter killing, reprisal killings and other forms of extrajudicial execution carried out by the army and the security forces. Reports of torture rape and assault committed by the army and the security forces should be investigated.
- The Government of India should repeal the Terrorist and Disruptive Act (T.A.D.A.) as its provisions are too broad to virtually criminalize legitimate political dissent and free speech. Furthermore the National Security Act should be repealed to ensure that it is not used to curb legitimate political dissent and free speech.
- Post U.N observers permanently in Punjab until the people of Punjab have expressed. Their future through a referendum in an unrepressed atmosphere The International Committee of the Red Cross should be permitted to undertake the full range of its protection activities for the victims of the conflicts.
- Allow all human rights organizations like Amnesty International and others to fully operate and inquire into the atrocities committed by the security forces.
Until these recommendation’s necessary for the normal and human functioning of society and as fundamental criteria for development are met we appeal to you to suspend to India the financial aid for development and assistance programs of the United Nations through its agencies such as the World Bank and the International Monetary Fund. We also appeal to you to ask the governments of the world’s democracies to do the same in the spirit of the preservation of human rights and freedom across the world.
The United Nations stands as an organization where the collective interests and concerns of the nations of the world can be freely expressed. Yet one of your members continues in a Soviet Union like fashion to suppress the aspirations of its various nationalities and their legitimate right to self-determination. We ask of you to raise the issue of justice for the Sikh Nation and the exercise of its Fight to self-determination in its homeland of Punjab.
Article extracted from this publication >> February 21, 1992
