MEMORANDUM
His Excellency Secretary General of
United Nations,
United Nations
New York, NY 10017
Mr. Secretary-General,
We, the Sikhs of the world, once again, seek your intervention in support of justice, peace and freedom, to bring an end to the genocide of Sikhs in India, and recognize their fundamental right to freedom (sovereign Sikh state Khalistan).
PANTHAK COMMITTEE
Draws your attention to massive military deployment called Operation Rakshak II, of 180,000 troops in Punjab Sikh homeland, in addition to existing armed police force.
Indian Government’s proclaimed purpose is to hold the long-delayed election to the state assembly which it is dissolved in May 1987. The state has been without an elected assembly and Government for more than four years. In fact, central government never allowed any elected assembly in Punjab to run its full term of five years ever since the state was reorganized in 1966, except for once for the 1972-77 period a part of that period being the infamous state of emergency of Indira Gandhi.
The “Operation Rakshak I” was launched by the army earlier this year to create conditions ‘conducive’ for holding Assembly elections which were cancelled hours before the polling was to begin on June 22.
The present exercise of enormous military deployment is not to hold fair and free elections but to intimidate the Sikhs and force them into submission.
“The army is to take part in coming weeks in door to door searches of hundreds of villages along the India Pakistan border. The government has decided to include 3 more districts under a special law that empowers security forces to arrest, interrogate and even shoot Sikhs without warrants, or fear of legal retaliation. The latest move puts all 12 districts of the state under the disturbed Areas Act” (New York Times, November 27, 1991)
On November 26, 1991, U.S, Congressman Dan Burton in his speech said, “The Indian Government’s commitment to hold free elections should be met with skepticism. No poll date has been set, and Indian parliament is considering barring objectionable or unserious candidates from participating”.
Punjab has become a police state where the bullet from the gun of the Indian police is the extent of the rule of Law. According to a report entitled “Punjab in Crisis” by Asia Watch, part of Human Rights Watch, an organization based in New York, “Security forces have adopted increasingly brutal methods to stem the insurgency, including arbitrary arrests, torture?
Prolonged detention without trial, dis~ appearances and summary killings of Civilians and suspected militants. Government troops have also violated the Laws of War which prohibit attacks on civilians. Many of these executions involve persons who were first detained in police custody and subsequently reported by the authorities as having been killed in an encounter with the security forces”.
“Throughout Punjab, torture is practiced systematically in police stations, in prisons and in the detention camps used by the paramilitary forces. In virtually every case Asia Watch investigated, persons taken into custody were tortured. Methods of torture include”.
Pulling the victims leg far apart so as to cause great pain and internal pelvic injury;
Rotating a heavy wooden or metal roller over the victim’s thighs. Policemen frequently sit or stand on the roller to increase the weight. In some cases, the roller is placed behind the victim’s knees and legs forced back over it, crushing them against the roller;
Electric shock, applied to victims genitals, head, ears & legs.
Prolonged beatings with canes and leather straps;
Tying the victim’s hands behind the back and suspending him or her from the ceiling by the legs;
Rape, threats of rapes or molestation. “Lawyers attempting to represent detainees have been harassed themselves and in some cases also detained by the security forces. Persons also have been detained for peacefully exercising their rights of freedom of speech and assembly.
Finally, the government has harassed some Punjabi newspapers, in some cases shutting down those which have published press statements released by the militant groups”.
According to D.S. Gill, Chairman of Punjab Human Rights Organization, there is no rule of Law in the state. Lawless Laws made to suppress and crush democracy in Punjab. The world known concept of criminal jurisprudence that a person is presumed to be innocent unless proved otherwise has been turned on its head and the onus has been laid down on the individual to prove his innocence. Political courts have been created which are mostly held in jails where open trials, any access to Lawyers, press and the public are not possible. This is aimed at punishing the persons because of political and religious beliefs.
In 213 years since the Declaration of Independence the United States of America has amended its constitution only 12 times. Within the short space of 42 years, India has already amended its constitution 64 times; A country’s constitution represents a sacred pact between the rulers and the ruled. Tinkering with India’s constitution in this way raises serious doubts about its sanctity. The 59th Amendment is particularly galling as it gives the Indian Government the right to proclaim an emergency in the state of Punjab on the vaguely defined ground of “internal disturbance” which threatens the integrity of India. The amendment also annuls the right of life and personal liberty enshrined in Articles of the Indian constitution.
The Government of India is confident that the world views its human rights situation of protest that are often raised. Also public opinion leaders in many countries who area unaccustomed to hearing the mention of violence in the context of India continues to support India in all its aspects.
The winds of freedom has changed the face of the world, The western democracies are showing commendable concern for the loss of human lives in Croatia, Slovenia, the Baltic States, China, Soviet Union. Many nations have emerged on the face of the Earth after people living there chose their own destiny. The recent example is of Ukraine, latest Republic of Soviet Union to claim complete independence which has been welcomed by President Bush and other World Leaders. It is the time that people of Punjab be also given an opportunity for democratic expression of their freedom.
The London Sunday Times of August 18, 1991, under a headline reading, “No more money for evil regimes of the Third World”, reports that British Foreign Secretary has written to the European Commission urging it to cut economic aid to Third World governments that violate human rights and reject democracy. He has also asked ‘Respect for Human Rights and the Rule of Law’ to be placed on the agenda of the commonwealth conference in Zimbabwe in October.
India, too, utilizes its international channel to obtain assistance and support which is paid out of money given to the sponsoring government by tax-payers.
In many countries, including U.S.A., there is specific legislation which bars assistance to countries who do not have a good human rights.
On the behalf of Sikhs around the world, we urge UNO and the government of United States of America to withhold, all aid and impress upon World Bank and International Monetary fund to do the same until India complies with International Standards of Human Rights.
We appeal that following points should be raised with India:
- India should withdraw all the military and paramilitary forces from Punjab and restore all the legal, political human & rights after people of the people of Punjab and on un political prisoners should be unconditionally released;
- Under UNO supervision impartial commissions of inquiry should be established to probe into all reports of other forms of extrajudicial execution carried out by the army and the security forces. Also reports of torture, rape and assault committed by the army and the security forces should be investigated. Members of the army and the security forces found responsible for murder should be prosecuted and punished. The victims and the family members should be paid compensation;
3.The government of India should repeal all Black Laws, and the Terrorist and Disruptive Activities Act (TADA) as its provisions are so broad as to virtually criminalize legitimate political dissent and free speech and also repeal National Security Act to ensure that it may not be used to curb legitimate political dissent and free speech;
4.Post U.N. observers permanently in Punjab until the transfer of power to the Sikh Nation. The International committee of the Red Cross should be permitted to undertake the full range of its protection activities for the victims of the undeclared War on Sikhs by India;
5.Allow all Human Rights Organizations like Amnesty International and others to fully operate and inquire into the atrocities committed by the security forces.
For the sake of Democracy in Punjab we trust that the great Western Democracies & Freedom loving countries of the World will not fail us.
Dr. Sohan Singh
Bhai Daljit Singh Khalsa
Bhai Shabaz Singh
Bhai Satinderpal Singh
Bhai Harminder Singh
Article extracted from this publication >> December 13, 1991
