CONSULTATION ON HUMAN RIGHTS AND LAW AT AMRITSAR

INTRODUCTION

A One day consultation on Human Rights and Law was organised by: Khalra Mission

Organisation (KMO) in collaboration with Human Rights Law Network (HRLN), Punjab

Human Rights Organization (PHRO) on 25.11.2012 at Om International, Putlighar at

Amritsar (Punjab). More than 200 persons including Lawyers, Social Activists and NGOs

working actively on the issue in the State of Punjab, victims of state repression, family

members of the persons of the forced disappearances, fake encounters, secret killings,

cremations and some students participated in the said consultation.

THE OBJECTIVE OF THE MEETING:

The objective of the meeting was to discuss and understand the present status of the Human

Rights and its violations by the State Agencies and to evolve a future strategy to curb the

violation after consultation with the groups and the persons working on the issue.

From Left to Right: Bibi Paramjeet Kaur Khalra, Advocate Jaspal Singh Manjhpur,

Advocate Navkiran Singh, Bibi Parveena Ahangar, Dr. Binayak Sen and Colin Gonsalves.

The agenda of the consultation was divided into seven sessions. During the first session Bibi

Parmjeet Kaur Khalra (Khalra Mission Organization), Advocate RajvinderSingh Bains

(Punjab Human Rights Organization) and Advocate Jaspal Singh Manjhpur (Sikhs for

Human Rights) presented their views on “Arrest, Fake Encounters and Torture”.

The issue of “Death Penalty” was discussed by Advocate Navkiran Singh (Lawyers for

Human Rights International) and Advocate Colin Gonsalves (Human Rights Law Network) in

the second session.

Advocate Harpal Singh Cheema (Sikhs for Human Rights) discussed the current situation in

Punjab in the third brief session.

Parveena Ahangar (Association of Parents of Disappeared Persons) discussed the current

situation in Kashmir in the fourth session.

Dr. Binayak Sen (People‟s Union for Civil Liberties) critically discussed the issue of law of

“Sedition” in India during the fifth session.

In the sixth session that was held after lunch, Dr. Gurdarshan Singh Dhillon, author of

“India Commits Suicide” and a retired Professor of History; Advocate Parmjeet Singh Gazi

(Sikhs for Human Rights) and Mr. Satnam Singh Bains, Barrister (UK), presented their views

on “Genocide in India”.

In the last session, future strategy and Vote of Thanks was presented by Advocate Veena

Kumari (Human Rights Law Network).

Bibi Paramjeet Kaur Khalra on the forced Disappearances:

Bibi Paramjeet Kaur Khalra addressing the gathering

During her address Bibi Parmjeet Kaur Khalra, wife of Legendary Human Rights Activist

Shaheed Jaswant Singh Khalra, discussed at length the practice of the forced disappearances

in India, particularly in Punjab and Kashmir. She shared with the house her personal

experiences in this regard and narrated the circumstances surrounding the forced

disappearance, murder and secret cremation of her husband.

Bibi Khalra shared that Late. Sh. Jaswant Singh Khalra had unearthed the wide-spread and

systematic forced disappearances, extra-judicial killings and secret cremations of Sikhs by

Indian security forces during 1980s-90s in Punjab. She also shared that even the Apex Court

of India has accepted the fact that at-least 2097 Sikhs were subjected to forced

disappearance, secret killings and cremations in three sub-divisions of District Amritsar. She

further added that the above said number of forced disappearances pertains only to the three

sub-divisions of Punjab but no data is available for rest of the State.

She also shared that CBI had taken the relevant records for rest of Punjab in it‟s custody

after the disappearance of S. Jaswant Singh Khalra but now that record is not accessible. She

added that Indian judiciary, National Human Rights Commission and CBI have failed to

proceed against the culprit police officials till date.

Advocate RajvinderSingh Bains

Advocate RajvinderSingh Bains shared with the house that people of Punjab and Kashmir

have shared the plight so far as the forced disappearances of civilians in the hands of

Security forces are concerned. He said that the forced disappearance undermines the value of

basic rights and threatens the life and liberty of individuals.

Advocate Jaspal Singh Manjhpur

Advocate Jaspal Singh Manjhpur said that India has failed to meet the International Legal

Standards to prevent the forced disappearances and torture. Custodial torture is a daily affair

of policing in India and the forced disappearance is common in the areas where the people are

politically in conflict with the Indian state.

Advocate Navkiran Singh on Death Penalty:

Advocate Navkiran Singh, during his address in the second session shared that there is a

global trend in favour of abolition of death penalty. He pointed out that death penalty is

considered to be a wrongful form of punishment due to various reasons. He said that hanging

of Ajmal Kasab has revealed that Indian state, media and many sections of the society are in

favour of retention of death penalty and after the hanging of Kasab now the media is waving

for the early execution of Afzal Guru.

Advocate Navkiran Singh

He further pointed out that Indian state and society has double standards on the issue

of death penalty. On one hand our Government, Media, Political Parties and Certain

Sections of the Civil Society want execution of Afzal Guru and others; but on other hand the

same sections are opposing the hanging of Sarabjit Singh who is facing execution threat in

Pakistan for allegedly triggering blasts and killing civilians.

While referring to the cases of Dara Singh (Orisa) and Kishori Lal (Delhi) he wanted to point

out that even judiciary has double standards while applying the death sentence.

He clarified that he was against the execution of any person in the name of justice. He called

upon human rights bodies to continue with their efforts to secure abolition of death penalty in

India.

Advocate Colin Gonsalves on Death Penalty:

Senior Lawyer, Advocate Colin Gonsalves too discussed the issue of death penalty. He said

death penalty undermines the fact that human beings can be reformed. Discussing the

execution of Ajmal Kasab, he said that certain specific circumstances surrounding Kasab and

his family were responsible for his involvement in the heinous crime resulting in death of 164

persons. But Kasab‟s conversations with his lawyer revealed that he was very regretful for

what he did, and he had the potential for reformation but his hanging has ended it all.

While referring to the case of Bhai Balwant Singh Rajoana, Advocate Colin Gonsalves said

that Rajoana had admitted that he was involved in the assassination of Punjab CM Beant

Singh. Rajoana feels that CM Beant Singh was responsible for mass level human rights

abuses in Punjab including forced disappearances and fake encounters of Sikh youth.

Advocate Gonsalves said Rajoana‟s case was exceptional one. It‟s a political case. He said

that Rajoana is a political activist like Bhagat Singh.

While discussing the case of Professor Devender Pal Singh Bhullar he said even presiding

judge of the three judges bench of Supreme court had acquitted Professor Bhullar but he is

still facing execution threat.

Advocate Colin Gonsalves was hopeful that one day death penalty shall be abolished in

India.

Advocate Harpal Singh Cheema on Current Situation in Punjab:

In the third session, Advocate Harpal Singh Cheema discussed the current situation in

Punjab. While referring to recent arrests of Bhai Daljit Singh Bittu and Bhai Kulvir Singh

Barapind, he said that “Unlawful Activities (Prevention) Act” was being widely misused in

Punjab to suppress the political dissent. He said that the said Act is a replacement of TADA,

a law that was widely misused by the State against the Sikhs during 1980s-90s. He called

upon India‟s human rights groups to lobby and to take notice of the arrests of Sikh leaders

and misuse of sedition and the said “Unlawful Activities (Prevention) Act” in Punjab against

political activists.

Parveena Ahangar on Current Situation in Kashmir:

In the fourth session, Parveena Ahangar discussed the current situation in Kashmir. She

shared with the house that her son, a young student, was arrested by Indian Security Forces

in August 1990 and there are no whereabouts of her son till date. She said more than three

thousand families in Kashmir are victims of such disappearance at the hands of Indian

Security Forces.

She shared that she wants answer to a simple question from India: “Where is her son?”,

“What has been done to my son by the Indian Security Forces?”. I do not want

compensation, even worth billions but only I want my son back.

She said all the laws are enacted for civilians in India but there is no law to punish the

personnel of security forces if they kill innocent civilians.

She shared that “Association of Parents of Disappeared Persons” wants justice for

the affected families of Kashmir.

Dr. Binayak Sen on Sedition:

Dr. Binayak Sen, who was sentenced to life imprisonment by a Trial Court on charges of

“sedition”, said that his case was under consideration of High Court. He has been granted

bail by the Supreme Court of India. He said law of sedition undermines the fundamental

freedom of speech and expression and is being widely misused in India. He informed that he

was a doctor and worked for the welfare of tribal‟s in the State of Chhatisgarh. Dr Sen is

also associated with People‟s Union for Civil Liberties (PUCL.

Dr. Gurdarshan Singh Dhillon on History of Human Rights Violations in India:

Sixth session started after lunch with the address by Dr. Gurdarshan Singh Dhillon. He

traced the history of human rights abuses in India since 1947. He said that 1947 events were

events of partition and not independence and no freedom arrived for cultural, religious or

linguistic minorities in 1947. The concept of building a nation-state in India laid the

foundation of genocide of Sikhs.

Dr. Dhillon said India did not spare Sikh children in 1984 and they were termed as terrorists.

He said 39 Sikh children aged between 2 to 12 years were arrested by Indian security forces

from Darbar Sahib complex, when Indian army invaded the sacred complex in June 1984.

There are historical evidences to the fact that these children were categorized as

“dangerous”, “most dangerous” and “potentially dangerous”. A CBI officer replied to a

query by a journalist regarding detention and categorization of these children that the issue

might be an interesting subject for the newspaper stories but according to him these children

are only would be terrorists. Dr. Dhillon asked if a state could term children of two years as

would be terrorists then what sort of human rights we could expect from that state.

Advocate Parmjeet Singh Gazi on Genocide:

Advocate Parmjeet Singh Gazi discussed legal as well as other aspects related to genocide.

He said genocide is considered as “Crime of Crimes” or most severe crime. He discussed

circumstances surrounding the development of genocide law at International Level. He said

there are certain other aspects related to genocide that are not covered by International Law.

He shared that it is a systematic plan to destroy the basic foundations of life of a minority

group, including destruction of social and political institutions, economic resources and even

national feelings of the targeted group.

He shared that it‟s a general conception that large scale massacres are necessary for

genocide but this conception is incorrect. He said that such conceptions may have

application so as to prove the case of genocide under international law but so far as

academic discourse is concerned the term genocide connotates many acts, other than

physical massacres.

Discussing the situation in India he said that “genocide” is not considered a crime in India

as there is no law that defines, prohibits or provide punishment for committing or attempting

genocide. Under Indian law a person could only be punished for murder or inflicting sever

injury even if the aim of massacre was to eliminate a religious or linguistic minority group or

any other identifiable group whose planned annihilation is covered by the definition of

genocide under international law.

Barrister Satnam Singh, UK

Barrister Satnam Singh (UK) on Genocide in India:

Barrister Satnam Singh (UK) said people of Punjab and Kashmir have shared the plight so

far as mass level human rights violations are concerned. He raised the question that why

Indian civil society was unconcerned on the issue of wide-spread impunity. He emphasized on

coordinated efforts to address the issue of human rights violations in India.

Sri Chaman Lal:

Chaman Lal holding photo of his son Gulshan Kumar

On this occasion Sri Chaman Lal of TarnTaran shared information about his son Gulshan

Kumar who was subjected to the forced disappearance by Punjab police in June 1994. He

said that he was alive only to depose against the police officers who arrested his son, killed

him and cremated him secretly. Sri Chaman Lal said that there was no terrorism or

separatism in Punjab except State terrorism (Punjab vich koe attvaad ni, koe vakhvaad ni,

ethe … eh sarkari attvaad je). He informed that many senior police officers tried to bribe him

to induce him to withdraw legal proceedings initiated against the culprit police officials. He

shared that he would not accept any amount of money as he wants justice for his innocent

son.

S. Satnam Singh Manak:

S. Satnam Singh Manak, a former Punjab police cop, also addressed the gathering. He said

that he witnessed deaths of many innocents at the hands of Punjab police and resigned from

the police force. He stood witness in many inquiries regarding fake encounters of Sikh youth

by Punjab police. He said that Punjab police subjected him and his family members to torture

and they faced life threats.

Joint Resolution:

Advocate R.S. Bains at the end of this consultation shared with the house the resolution

passed jointly adopted by the various human rights organizations and the same follows:

We firstly pay our tribute to the people who have disappeared and are victims at the

hands of the state and their whereabouts are not known till date.

We oppose the death penalty in principle, as it does not have any deterrent effect on

others and eye for an eye breads further violence. We also feel that the people facing

death penalty should be given a chance to live and reform themselves.

National Human Rights Commission and various State Human Rights Commissions

have failed even to become effective re-commendatory bodies and so we feel there is a

need to hold Independent People Tribunal in various States of India to gather

information on human rights violations. We resolve to constitute Independent People

Tribunal.

It is being experienced in various parts of the country that Peoples‟ organizations that

are in disagreement with the policies of the State and are agitating in a democratic

manner, their voices are being suppressed by booking them under several

undemocratic laws such as Sedition, Unlawful Activities Prevention Act and Armed

Forces Act.

We resolve to work democratically for abolition of such laws to uphold the human

rights of the people and also to coordinate with Human Rights Organizations who are

agitating for their fundamental rights so that the brutal forces of the State can be

effectively countered.

Joint resolution by:

1. Khalra Mission Org.

2. Punjab Human Rights Org.

3. Human Rights Law Network

4. Lawyers for Human Rights International

5. World Sikh Org.

6. Peoples Union for Civil Liberties

7. Sikhs for Human Rights

8. Association of Parents of Disappeared Persons.

Advocate Veena Kumari also presented the vote of thanks to all the participants and

dignitaries.

NOTE: Invite, Agenda and the News Clipping are attached herewith.

Consultation on Human Rights and Law

November 25th

2012

Venue: Om International, GT Road, Putlighar, Near Ranjit Hospital Amritsar

AGENDA

10:30 – 11:30

am

Arrest, Fake Encounters and

Torture 1. Bibi Parmjit Kaur Khalra

(Chair)

2. Adv. RajvinderSingh Bains

( Punjab Human Rights

Organization)

3. Adv. Jaspal Singh Manjpur

( Sikhs For Human Rights)

11:30 – 12:15

pm

Death Penalty 1. Adv. Navkiran Singh (chair)

(Lawyers for Human Rights International)

2. Adv. Colin Gonsalves

( Human Rights Law Network)

12:15 –

12:30pm

Current Situation in Punjab Adv. Harpal Singh Cheema

( Sikhs For Human Rights)

12:30 – 1:00pm Current Situation in Kashmir Ms. Parveena Ahangar ( Association

of Parents of Disappeared Persons)

1:00 – 1:30pm Sedition Dr. Binayak Sen ( Peoples Union of

Civil Liberties)

1:30 – 2:15pm Lunch cum Press Conference

2:15 – 3:00pm Genocide in India 1. Dr. G S Dhillon

2. Adv. Parmjit Singh Ghazi (Sikh for Human Rights)

3. Mr. Satnam Singh Bains, Barrister (UK)

3:00 – 3:30pm Future Strategy

Vote of Thanks

Adv. Veena Kumari ( Human Rights

Law Network)

3:30 – 3:45pm Tea

News Clipping

Human rights activists seek abolition of death penalty

Tribune News Service

Amritsar, November 25

Various human rights organisations that are

fighting against violations by paramilitary

forces and police in different states today came

together and passed a resolution for abolition

of capital punishment, stopping misuse of

sedition laws and setting up of independent

tribunals for free and fair probe into such

cases.

The resolution was passed in a conference on „Human rights and laws‟ organised by the

Khalra Mission Organisation here. Prominent among those who attended the conference was

human rights activist from Chhattisgarh Binayak Sen.

Addressing the gathering, Sen alleged that sedition laws were being misused in the country.

He alleged that human rights were being violated in the name of sedition laws.

Giving an example of his own case, he said he was a pediatrician and had been working in

the tribal belt. “I raised my voice for the rights of tribals, but was booked under sedition

laws,” he said.

Sen was released following the directions of the Supreme Court.

Parveen Hangar from the Association of Parents of Disappeared Persons, Kashmir, alleged

that over 10,000 persons, most of them youth, had “disappeared” in Srinagar alone. She

revealed that her own son Javed Hamid Hangar had been missing since August 18, 1990.

She alleged that he was taken away by the security forces, following which there was no

information about him. “Are laws only framed for the common man? Don‟t they apply on the

security forces,” she asked. She alleged large-scale human rights violations in the Kashmir

valley.

Dr Binayak Sen at a seminar on

‘Consultation for Human Rights and Law’

in Amritsar on Sunday. Tribune photo

Advocate Navkiran Singh from Lawyers for Human Rights, advocate Colling Gonzalves from

Human Rights Law Network and advocate RS Bains from Punjab Human Rights

Organisation demanded that the capital punishment should be abolished in India and said

the prisoners should instead be given an opportunity to reform themselves.

“Death penalty is being awarded for killing a VIP, but those involved in murder of a common

man are being given some other sentence,” they said. They alleged that there were political

interests behind decisions being taken on mercy petitions. They also spoke against hanging

26/11 convict Ajmal Kasab while saying that he should have been given a chance to reform.

Khalra Mission chief Bibi Paramjit Kaur Khalra spoke out against fake encounters and

torture by police and paramilitary forces.

Later, Binayak Sen paid obeisance at the Golden Temple.

Scrap Death Penalty: Rights Bodies Meet

Capital punishment

in India is being selectively used for

various reasons

RAJVINDERS BAINS activist of Punjab Human Rights

Organisation

AMRITSAR: A conclave of human rights groups organised by the Human Rights Law

Network to abolish death penalty was held here on Sunday.

P unjab Human Rights Organisation activist RajvinderSingh Bains and high court lawyer

Navkiran Singh said death penalty was not a deterrent to crime; on the contrary it bred

violence. People facing the death penalty should be given a chance to live and reform, they

said.

“Capital punishment in India is being selectively used for various reasons,” Bains said.

“While in some cases death penalty pronounced by trial courts is converted to life

imprisonment by the higher courts without citing valid reasons, in others cases, particularly

those where a political leader has been assassinated, it is upheld by the higher courts, citing

them as the “rarest of rare cases”.

Bains and Sigh agreed that the condition of “rarest of the rare” was being misused to

uphold death sentences. “Capital punishment has been abolished even in a country like Israel,

where there have been numerous cases of terrorist violence,” they said.

Dr Binayak Sen of the People’s Union of Civil Liberties (PUCL) spoke about the manner

in which sedition cases were being registered against human rights activists. He said the

PUCL would collect 10 lakh signatures and present it to Parliament for bringing about

changes in the laws under which sedition cases were being registered.

Human Rights Law Network chairperson Colin Gonsalves said the National Human

Rights Commission and state human rights commissions had failed to become effective

recommendatory bodies. “We resolve to constitute independent people’s tribunals in all states

of India to gather information on human rights violations,” said Gonsalves while moving a

resolution at the meeting.