AS an organization that shares a mutual commitment for the respect of human rights across the world we would like to commend you for the courageous actions taken by the United Nations for the preservation of human rights and dignity in Kuwait and Iraq as well as other initiatives in Cambodia and Yugoslavia.
We would like to remind you however that while such serious efforts were underway to provide for the safeguard of human rights the Republic of India was engaged in a systematic operation of curtailing human rights and freedom.
The Indian government stands distinguished as being one of the worst violators of human rights in the year 1991 with little or no action taken by the outside world curtail this.
Under a genocide-tike policy of the Indian government the Sikhs in Punjab as well as other minorities in Kashmir Assam Nagaland and most other states in India continue to suffer from the most brutal persecution and repression in modern times. It continues to suppress the legitimate movement in Punjab for the expression of the Sikh Nations right to self-determination for freedom and liberation popularly known as the Khalistan movement. Under the imposition of draconian laws such as the National Security Act (N.S.A.) and the Terrorist and Disruptive Activities (Prevention) Act (T.A.D.A) the Indian state has denied its citizens the fundamental rights and freedoms guaranteed under International Law and the Geneva Convention for the Protection of Human Rights of which it is signatory. The curtailing of civil liberties and democratic freedoms is not only “legally sanctioned” by the government of India but the absolute powers vested in the army police and paramilitary forces has gained them a total immunity from all forms of legal or moral recourse.
The police force is empowered and granted immunity by the following draconian laws in place:
- The National Security Act (NS.A.) which permits preventive detention without charge or trial for up to one year. The NS.A does not stipulate that arrested persons have to be brought before a magistrate within 24 hours of arrest. It provides that the grounds for detention have to be communicated to a person detained under the Act within five and exceptionally within 10 days but permits with holding this information on vaguely defined grounds of “public interest”. The Act also prohibits a detained person from being legally represented when his or her detention is reviewed by an Advisory Board.
- The Terrorist and Disruptive Activities (Prevention) Act (LAD.A) 1987 allows for the detention for up to one year without formal charge. This contravenes Article 9 (2) of the International Covenant on Civil and Political Rights LC.CPR) which obliges India as a party to the Covenant to censure that “Anyone arrested shall be informed at the time of arrest of the reasons for his arrest and shall be promptly informed of charges against him.”
Those arrested under the TAD.A do not have to be brought before a judicial magistrate as is normally required; instead they can be brought before an executive magistrate who is directly under executive control of the states. Home Ministry. This effectively grants the authorities arbitrary powers to decide whether person need be brought before a judicial body to decide on the lawfulness of detention as required by Article 9(4) of the I.C.C.P.R.
The T.A.D.A. imposes a minimum of five years” imprisonment for anyone convicted of “terrorist and “disruptive” activities the fatter are so broadly defined that they encompass any act including the peaceful expression of views which questions the sovereignty or territorial integrity of India or which supports any claim for secession.
Trials under the T.A.D.A. take place before special courts which may sit in any place including in prisons and the Act obliges all Special Courts to conduct trial in camera Section 16). Moreover the identity of witnesses can be kept secret. Such restrictions can make the effective cross-examination of witnesses virtually impossible and consequently seriously undermine the fairness of the trial.
A further concern is that in four situations identified in Section 21 of the Act the burden of proof is shifted to the accused person who had to prove his or her innocence This clearly contravenes the important safeguards provided in Article 142) of the LCCPR.
Section 15 of the T.A.D.A. permits a confession made to a police officer to be considered in evidence. This provision serves as an incentive to the police to obtain “confessions” under torture.
Thus legitimate expressions of dissent are labeled as those of sedition and peaceful and nonviolent means of expression are labeled as “terrorist”.
In the past year several human rights organizations have severely criticized and condemned the draconian laws and the horrific abuse of human rights by Indian security forces. Most notably Amnesty International and Asia Watch released report highlighting the violation of human rights an anti-democratic practices adopted by the Indian state Some of these include:
i. Pulling the victims legs far apart so as cause great pain and internal pelvic injury.
ii. Rotating a heavy wooden or metal role over the victim’s thighs. Policemen frequently sit or stand on the rollers to increase the weight. In some-cases the roller is laced behind the victim knees 1nd the legs forced back over it crushing them against the rollers.
iii. Electric Shock applied to victim’s genital, head, ears and legs.
iv. Prolonged beatings with canes and leather straps.
v. Tying the victims hands behind the back and suspending him her from the ceiling.
vi. Rape threat of rape and molestation of family members.
vii. The arbitrary arrest of innocents and subsequent killing of hem in stage-managed “false armed encounters.”
viii.The summary killing of civilians and suspected militants.
ix. “Disappearances” of innocent civilians and suspected rebel sympathizers by “death squads” of the Indian government.
We appeal to the United Nations that in light of these known and documented violations of human rights by the government of India I take urgent actions for the ending of such practices in the Indian state The United Nations should use the legal and moral legitimacy and powers vested in to condemn the Indian government for such practices. We urge that it should bring to an open forum the continuous and unabated violation of human rights by India and restrict the flow of economic aid to India until it complies with international laws to which it professes to ascribe. For the safeguard of human rights in India and out of concern for the protection of human rights across the world we appeal to you to raise the following points with the government of India.
- India should withdraw all the military and. paramilitary forces from Punjab Kashmir and Assam 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 inquiry into all reports of encounter killings reprisal killings and other forms of extra-judicial execution carried out by the army and the security forces. Reports of torture rape and assault committed by the army and the security force should be investigated. Members of the army and the security forces found responsible for murder rape and looting should be prosecuted and punished Victims and family members should be paid compensation.
- The Government of India should repeal the Terrorist and Disruptive Activities Act (LAD.A) as its provisions are so broad as to virally criminalize legitimate political dissent and free speech Furthermore the National Security Act should be repealed to censure that it is not used to curb legitimate political dissent and free speech.
- Post U.N. observers permanently in Punjab and Kashmir unit the people of Punjab and Kashmir 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 conflict.
Allow all human rights organizations like Amnesty International and others to fully operate and inquire into the atrocities committed by the security forces.
We would like to conclude this by reiterating the lines of the Preamble of the Universal Declaration of Human Rights. “Whereas disregard and contempt for human rights have resulted in: barbarous acts which have outraged the conscience of mankind.” and hope that may not be the case for those persecuted by the government of India in the year 1992…
Dr.Rajwant Singh
President PHRO (North America]
Gurdey S. Gill CoOrdinator PHRO Canada
Article extracted from this publication >> February 21, 1992
