WASHINGTON DC: In response to the increasing violation of human rights committed by the Indian government against the Sikhs of Punjab and the Muslims of Kashmir congressman Dan Burton introduced the “Justice in India Act” (House Resolution 5234) in the U.S. House of Representatives. The bill seeks to terminate U.S. developmental aid to India until its government repeals draconian discriminatory statutes which facilitate human rights abuses against the Sikhs and Kashmiris Co-sponsored by 21 Members of Congress the bill specifically targets five Indian laws demanding their immediate revocation: the Terrorist and Disruptive Activities (Prevention) Act (TADA) the National Security (NSA) the Jammu and Kashmir Public Safety Act the Armed Forces (Punjab and Chandigarh) Special Powers Act and the Armed Forces Jammu and Kashmir) Special Powers Act Ina “Dear Colleague” letter concerning the bill Congressman Burton quoted a recent Amnesty International report exposing the systematic oppression the Indian government conducts through the implementation of draconian laws: “Several thousands of political prisoners including prisoners of conscience were held without charge or trial under special or preventative detention laws. Increasingly politically motivated arrests were not officially ac-knowledge. Torture and ill-treatment were widespread and in some cases systematic resulting in scores of deaths in police custody.”
Numerous independent sources have verified the level of oppression reported by Amnesty International. On March 27, 1992 The Pioneer as Indian newspaper reported the sighting of a dozen-odd dead Sikh bodies (victims of Indian police torture) laying at the bottom of a five mile stretch of a Punjab canal which had been drained for repairs. According to the Indian Express News Service as of March 15, 1992 a total of 13535 people were being held under TADA a set of laws condemned by the United Nations Human Rights Committee as “disturbing” and “completely unacceptable” for falling far short of international standards for the protection of human rights. This number reflects only those held under TADA; thousands more are being detained under the National Security Act and the Armed Forces (Punjab and Chandigarh) Special Powers Act. This is all the more appalling when one considers Asia Watch’s finding that “Virtually everyone detained in Punjab is tortured.”
Though India bills itself as the so-called “world’s largest democracy” the laws allowed to exist under its constitution belie the governments pronouncements. Under TADA the presumption of innocence is reversed to a presumption of guilt; the right to post bail is denied confessions obtained through police torture are routinely admitted in the court as evidence; trials can be held in jail cells; the legal remedy of habeas corpus goes un-honored; the identity of witnesses can be suppressed cross examination denied; and the accused can be detained up to two years before even being.
“Do true democracies enact laws like TADA?” asks Congressman Burton in his Dear Colleague letter. “Would the people of the United States tolerate such laws? Despite the oppressive nature of these (5) laws and the human rights violations they encourage the U.S. appropriated $123 million in total foreign aid to India for FY 1992. This amount includes $22 million in Developmental Aid. I believe that he said only encourages Indian repression in Kashmir and Punjab. That is why I am introducing the “Justice in India Act.” Attracting the support of many influential members of Congress from both sides of the political spectrum original so-sponsors for the bill include Les Aspin(D-W1) Chairman of the Armed Services Committee Vic Fazio (D-CA) Phillip M.Crane (R-IL) Ben Blaz (R-GU) Floyd H.Flake (D-NY) David Dreier (R-CA) Gary Condit (D-CA) Wally Herger (R-CA) Dana Rohrabacher (R-CA) Eni F.H. Falcomavaega (D-AS) Jolene Unsoeld (D-WA) and James A. TrafficantJr (D-OH). In all 12 Democrats and 9 Republicans comprise the bills original co-sponsors. Two other Members of Congress threw their support being the bill after its introduction. Jack Fields (R-TX) and Albert G.Bustamante (D-TX).
The Justice in India Act comes at a time of intense activism on the part of the U.S. Congress in support of Sikh freedom and an end to human rights abuses against people of the Sikh faith Recently Congressman Dante Fascel Chairmen of the Committee on Foreign Affairs and Congressman Gus Yatron Chairman of the Subcommittee on Human Rights and International Organizations sent joint leucrs to Indian Ambassador Abid Hussain and U.S. Secretary of State James A. Baker II condemning India’s violation of human rights as cited in Amnesty International’s report India: Torture Rape and Deaths in Custody Congressman Les Aspin too has sent a letter jointly signed by 36 Members of Congress decrying India’s treatment of Ram Singh Biling a human activist abducted and reportedly tortured by Indian police. Congressman Wally Herger has sent letters to Ambassador Abid Hussain Punjab Governor Surinder Nath and Police Chief K.P.S.Gill concerning the April 31992 abduction and reported beating of 70 year old Justice Ajit Singh Bains Chairman of the Punjab Human rights Organization by Indian police Justice Bains case has also prompted Senator John Kerry (DMA) and Congressman Robert Torricelli (D-NY) to send strong letters to Ambassador Hussain decrying this latest outrage of Indian government oppression against the Sikhs.
Such activism on the part of the U.S. Congressman is attracting the attention of the upper echelon of the Indian government. Speaking t the Vidhya Bhavan in India on May 9 India’s Union Home Minister S.B.Chavan warned his audience of a probable U.S. economic blockade against India. In the past few years numerous bills like the Justice in India Act have sought to terminate aid to India due its abysmal human rights record its refusal to allow the Sikhs and Kashmiris their freedom and India’s refusal to cooperate on the issue of nuclear nonproliferation
Article extracted from this publication >> June 5, 1992
