Country Advice

India – IND38564 – Treatment by Authorities –Anti-Sikh Violence – Activists – Akali Dal Party – Sikhs 13 April 2011

1. Are there reports that those who, since 2006, called for investigations into the violence against Sikhs – which occurred in the period from the early 1980s to 1993 – have been targeted by Indian authorities?

Limited information was located to suggest that persons are targeted by Indian authorities on the basis of their calling for investigations into violence against Sikhs during the 1980s and early 1990s.

Three reports were located where arrests by police have shut down public demonstrations involving the theme of post-1984 violence against Sikhs.

According to information on the sikhsiyasat.net website, on 3 November 2010 activists from various Sikh organisations blocked railway tracks, in protest against slow progress in legal cases linked to the 1980s violence. These demonstrations occurred in two locations within : Amritsar and Fatehgarh Churian to its north.1 Both locations are depicted in Map 1, below, close to the India- border.

1 „Punjab shuts down to protest against denial of justice to Sikhs; Railways schedule went off the track‟ 2010, sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/punjab-shuts-down-to-protest-against- denial-of-justice-to-sikhs-railways-schedule-went-off-the-track/ – Accessed 7 April 2011 – Attachment 1

Page 1 of 8 Map 1: Amritsar, Punjab, India.

Those arrested for these demonstrations included leaders from Sikh groups including the Khalsa Action Committee (KAC) and the All India Sikh Student Federation (AISSF).2 3 It is noteworthy that the AISSF is included on the South Asia Terrorism Portal website‟s current list of terrorist groups in Punjab.4 The protest in Fatehgarh Churian was reportedly led by a member of (Panch Pardhani), a group further discussed in the response to Question 2. A United States-based Sikh group called Sikhs For Justice (SFJ) reportedly criticised the arrests as illegal, a spokesperson stating “[t]he attempt by the Central-State government to portray law abiding Sikhs leaders, activists and organizations as “Radicals” is very dangerous card being played to suppress the voice of the Sikh community”.5

The following photos are reportedly of one of one of these demonstrations, and of people being placed in police vans as it is shut down. 6

7

In May 2009, at least ten members of Sikh organisation Shiromani Gurdwara Prabandhak Committee (SGPC) were reportedly detained when demonstrating outside Prime Minister ‟s residence in New Delhi. Protesters were reportedly angered at a remark from Prime Minister Singh that the 1984 anti-Sikh riots “cannot be kept alive forever”. It is noted that the protester quoted did not refer to contemporary investigations into the matter, simply stating that “[w]e only wanted to register our protest and show our anger to the Prime Minister for what he said yesterday…[t] he community will always remember the killing of innocent Sikhs in the 1984 riots”. It is also noted that a senior police officer cited protesting in a high-security zone as the reason for the arrests.8

2 „Punjab shuts down to protest against denial of justice to Sikhs; Railways schedule went off the track‟ 2010, sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/punjab-shuts-down-to-protest-against- denial-of-justice-to-sikhs-railways-schedule-went-off-the-track/ – Accessed 7 April 2011– Attachment 1 3 Singh, D. 2010, „SJF Condemn arrest of Sikh Activists‟ sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/sjf-condemn-arrest-of-sikh-activists/ – Accessed 7 April 2011 – Attachment 2 4 „Terrorist Groups – Punjab‟ 2011, South Asia Terrorism Portal website, 20 March http://www.satp.org/satporgtp/countries/india/states/punjab/terrorist_outfits/index.html – Accessed 7 April 2011 – Attachment 3 5 Singh, D. 2010 „SJF Condemn arrest of Sikh Activists‟ sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/sjf-condemn-arrest-of-sikh-activists/ – Accessed 7 April 2011– Attachment 2 6 Whether these photos were taken at Amritsar or at Fatehgarh Churian is not reported. 7 „Punjab shuts down to protest against denial of justice to Sikhs; Railways schedule went off the track‟ 2010, sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/punjab-shuts-down-to-protest-against- denial-of-justice-to-sikhs-railways-schedule-went-off-the-track/ – Accessed 7 April 2011– Attachment 1 8 „SGPC members detained‟ 2009, The Times of India, 14 May – Attachment 4

Page 2 of 8 Investigations into 1980s violence against the Sikh population are still taking place. For instance, in March 2011, the state government prompted an investigation into a 1984 incident within its jurisdiction.9 However, justice for victims appears to be slow in arriving: Human Rights Watch reports that those responsible for the 1984 Sikh-killings have yet to be prosecuted.10 The US Department of State (USDOS) 2010 Report on Human Rights Practices states that some movement has been made in holding perpetrators of the 1984 violence accountable with a court case in progress against a Congress Party leader.11 However USDOS also reports that “[t]he government has made no progress in holding officials accountable for abuses that occurred during the period of the Punjab counterinsurgency between 1984 and 1994.”12

2. Are supporters of the Akali Dal party targeted by Indian authorities?

No reports were located to suggest that persons are targeted by Indian authorities on the basis of their Akali Dal party membership. However, there are reports of prominent Akali Dal leadership figures, namely Simranjit Singh Mann, coming into contact with police.

The umbrella term „Akali Dal party‟ is also sometimes interchanged with Akali Dal (Mann) party; Shiromani Akali Dal (Amristar) party; 13 or Shiromani Akali Dal (SAD) party.14 Punjab is currently governed by the SAD, in alliance with the (BJP). The coalition gained power in the February 2007 Punjab State Assembly elections, 15 winning 67 seats.16 The last available UK Home Office Operational Guidance Note for India was issued in 2008. It states:

“[t]here are no reports that members of…Akali Dal…are specifically targeted or discriminated against as a result of their membership. Akali Dal, a Sikh party also called Shiromani Akali Dal (SAD) is now a recognised and legal political party in India which preaches a return to the roots of the Sikh religion.”17

The Immigration and Refugee Board of (IRB) consulted academics in 2009 who stated that Akali Dal members were not generally ill-treated or harassed by authorities, even if they publicly complained about treatment of Sikhs by authorities or called for the creating of a separate Sikh State (or “Khalistan”). However, according to the IRB, this immunity from ill

9 Deswal, D. 2011, „Commission of Inquiry to probe 1984 killing of Sikhs in Haryana village‟ The Times of India, 6 March – Attachment 5 10 Human Rights Watch 2011, World Report 2011 – India, 24 January – Attachment 6 11 Charges of murder and rioting against senior Congress Party leader Sajjan Kumar, and others, have been taken to trial in Court. In September 2010, the Supreme Court rejected Kumar‟s appeal and directed that the trial proceed. 12 US Department of State 2011, Report on Human Rights Practices for 2010 – India, 8 April, Section I(a) – Attachment 7 13 Immigration and Refugee Board of Canada 2009, IND103112.E – India: Whether members of the Akali Dal (Mann) / Akali Dal (Amritsar) party are harassed and arrested for participating in party gatherings, for publicly complaining about the treatment of Sikhs by Indian authorities or for calling for the creation of Khalistan (separate homeland for Sikhs); whether police regard members of the Akali Dal (Mann) party with suspicion and monitor them for signs of any links with terrorism (2005 – March 2009), 14 April http://www.unhcr.org/refworld/docid/4b20f02c23.html – Accessed 7 April 2011 – Attachment 8 14 UK Home Office 2010, Country of Origin Information Report – India, 21 September, p.160-163 – Attachment 9 15 „India‟ 2010, Political Handbook of the World Online Edition, CQ Press Electronic Library– Attachment 10 16 „Punjab Assembly Election 2007 Results‟ 2007, Indian Elections website, 27 February http://www.indian- elections.com/assembly-elections/punjab/election-result-07.html – Accessed 30 June 2010 – Attachment 11. 17 UK Home Office 2008, Operational Guidance Note – India, April, p. 5 –Attachment 12

Page 3 of 8 treatment did not apply to Akali Dal members who were also suspected of “terrorism or violent activities.” 18

Clashes between Akali Dal supporters and supporters of other political groups have reportedly occurred during election periods.19 In one instance during the 2007 election campaign period, Akali Dal supporters alleged that they were charged under the penal code where their opponents were not. Also in 2007, Sikh marchers were charged for “anti-national activities”, which included pro-Khalistan slogans.20

It is noted that Akali Dal (Mann) leader Simranjit Singh has been arrested by Punjabi police on multiple occasions, including: June 2005 for demanding a separate Khalistan state; in May 2007 for protesting in Jalandhar near a statue of a late Punjab Chief Minister; also in May 2007 on sedition charges that were dropped; 21 and in March 2011 for raising pro-Khalistan slogans.22

It is also noteworthy that the Shiromani Akali Dal (Panch Pardhani) is a separate entity to the Akali Dal, or SAD. Its leader, Daljit Singh Bittu, was expelled from Akali Dal proper in 2007.23 Bittu was reportedly a militant during the 1980s and was arrested in August 2010 for reportedly planning to assassinate the Punjab Chief Minister and his son, the Deputy Chief Minister.24

An ousted Akali Dal cabinet member who has reportedly launched a new political party has also recently accused police and the Punjab government of harassing his supporters.25

3. Please provide an update (preferably within the last six months) on the treatment of Sikhs by authorities in India and in Punjab in particular.

18 Immigration and Refugee Board of Canada 2009, IND103112.E – India: Whether members of the Akali Dal (Mann) / Akali Dal (Amritsar) party are harassed and arrested for participating in party gatherings, for publicly complaining about the treatment of Sikhs by Indian authorities or for calling for the creation of Khalistan (separate homeland for Sikhs); whether police regard members of the Akali Dal (Mann) party with suspicion and monitor them for signs of any links with terrorism (2005 – March 2009), 14 April http://www.unhcr.org/refworld/docid/4b20f02c23.html – Accessed 7 April 2011– Attachment 8 19 „Final phase in Indian election‟ 2009, BBC News, 7 May http://news.bbc.co.uk/2/hi/south_asia/8035977.stm – Accessed 8 April 2011 – Attachment 13 20 Immigration and Refugee Board of Canada 2009, IND103112.E – India: Whether members of the Akali Dal (Mann) / Akali Dal (Amritsar) party are harassed and arrested for participating in party gatherings, for publicly complaining about the treatment of Sikhs by Indian authorities or for calling for the creation of Khalistan (separate homeland for Sikhs); whether police regard members of the Akali Dal (Mann) party with suspicion and monitor them for signs of any links with terrorism (2005 – March 2009), 14 April http://www.unhcr.org/refworld/docid/4b20f02c23.html – Accessed 7 April 2011– Attachment 8 21 Immigration and Refugee Board of Canada 2009, IND103112.E – India: Whether members of the Akali Dal (Mann) / Akali Dal (Amritsar) party are harassed and arrested for participating in party gatherings, for publicly complaining about the treatment of Sikhs by Indian authorities or for calling for the creation of Khalistan (separate homeland for Sikhs); whether police regard members of the Akali Dal (Mann) party with suspicion and monitor them for signs of any links with terrorism (2005 – March 2009), 14 April http://www.unhcr.org/refworld/docid/4b20f02c23.html – Accessed 7 April 2011– Attachment 8 22 „Regional Briefs‟ 2011, The Tribune, 6 March http://www.tribuneindia.com/2011/20110306/region.htm – Accessed 8 April 2011 – Attachment 14 23 „KAC flays SAD (A) chief‟ 2007, The Times of India, 28 August http://articles.timesofindia.indiatimes.com/keyword/sada/featured/5 – Accessed 11 April 2011 – Attachment 15 24 „Punjab assessment – year 2010‟ (Undated), South Asia Terrorism Portal website – Attachment 16 25 „Manpreet Badal to launch his party Sunday‟ 2011, News One website, 26 March http://www.inewsone.com/2011/03/26/manpreet-badal-to-launch-his-party-sunday/38537 – Accessed 8 April 2011 – Attachment 17

Page 4 of 8 Limited information was located to suggest that Sikhs are targeted for ill treatment by authorities in Punjab, or in India more generally.

According to the 2001 census, Sikhs represent approximately 1.9 per cent of the Indian population;26 and approximately 60% of all religious communities in the state of Punjab.27 Unfortunately provisional population totals from 2011 census data did not include information on religious demography at time of writing.28 According to the US Department of State (USDOS), Sikhs are a majority in Punjab state. 29 Another source argues that due to immigration flows, Sikhs are actually becoming a minority in Punjab state.30 Whilst Sikhs are a recognised minority in India under the 1992 National Commission for Minorities Act, only the states of Andhra Pradesh and Karnataka have officially recognised them.31

The 2010 USDOS Report on International Religious Freedom states that, across India, “[t]here were cases of communal attacks on religious minorities and their property, and allegations of police brutality. In several instances those attacked were reportedly arrested.” 32 However examples cited in the report do not specifically contain reports of abuses against Sikhs by authorities.

Recent reports were located of the forced removal of a Sikh man‟s turban by a police officer33 in March 2011, which was said to be on the orders of another officer. This incident reportedly occurred following a public demonstration by pharmacists in Punjab.34 An article in The Times of India reports that forcing Sikhs to remove turbans is commonplace in police stations. The article does not state whether this practice relates to Punjab or India more widely.35

The UK Home Office reported in 2008 that Sikhs who continue to advocate for a separate state may be monitored, and at be risk of detention and harm in some cases. Furthermore while may reportedly pursue Sikhs “anywhere in India who they view as hard-core militants, in practice only a handful of militants are likely to be targeted for such long-arm law enforcement”.36 In this vein, The Times of India reports on the recent death in custody of a Sikh man, Sohan Singh. Singh was reportedly believed to be an associate of members of the Khalistan

26 US Department of State 2010, International Religious Freedom Report 2010 – India, 17 November, Section I – Attachment 18 27 „Census of India: Population by religious communities‟ 2001, Census of India website http://censusindia.gov.in/Census_Data_2001/Census_data_finder/C_Series/Population_by_religious_communities.ht m – Accessed 10 March 2011 – Attachment 19 28 „Provisional Population Totals: Census 2011‟ (Undated) , Census of India website http://www.censusindia.gov.in/2011-prov-results/prov_results_index.html – Accessed 8 April 2011 – Attachment 20 29 US Department of State 2010, International Religious Freedom Report – India, 17 November, Section II – Attachment 18 30 Thampi, P.S. 2008, „Simmering discontent: Sikhs in Punjab are fighting many wars‟ The Economic Times, 8 March – Attachment 21 31 US Department of State 2010, International Religious Freedom Report 2010 – India, 17 November, Section II – Attachment 18 32 US Department of State 2010, International Religious Freedom Report 2010 – India, 17 November, Section III – Attachment 18 33 Singh, J. 2011, „Turban snatching by Police infringes religious rights: Canadian Sikh Coalition‟ sikhsiyasat.net website, 1 April http://www.sikhsiyasat.net/2011/04/01/turban-santching-by-police-infringes-religious-rights- canadian-sikh-coalition/ Accessed 7 April 2011 – Attachment 22 34 „Terrorist Tag for Punjab Police Demanded After Turban Incident‟ 2011, The Times of India, 31 March – http://timesofindia.indiatimes.com/nri/news/Terrorist-tag-for-Punjab-Police-demanded-after-turban- incident/articleshow/7834989.cms??prtpage=1 – Accessed 7 April 2011 – Attachment 23 35 Singh, I.P. 2011, „Turban Removal Triggers Outrage‟ The Times of India, 2 April – http://articles.timesofindia.indiatimes.com/2011-04-02/india/29374021_1_turbans-removal-sikhs – Accessed 8 April 2011 – Attachment 24 36 UK Home Office 2008, Operational Guidance Note – India, April, p. 5 –Attachment 12

Page 5 of 8 Commando Force (KCF) 37 which is another group included on the South Asia Terrorism Portal website‟s list of terrorist groups in Punjab.38 Police state that Singh hanged himself in March 2011, while Singh‟s wife reportedly accused police officers of torturing him to death.39

With regard to police culture in Punjab more widely, the USDOS reports that torture in custody remains a problem in India. Police in Punjab state reportedly continue to use torture as a tactic “to obtain desired testimony”.40 The Asia Centre for Human Rights produced a report on India in 2009 which cited “gross human rights violations” on the part of Punjab police. This is reflected in a high number of complaints against police personnel. The report states that Punjab security forces have been responsible for custodial killings, illegal arrest, unlawful detention and torture. 41 However, there are no individual cases cited whereby persons were targeted purely on the basis of being Sikh.

Attachments

1. „Punjab shuts down to protest against denial of justice to Sikhs; Railways schedule went off the track‟ 2010, sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/punjab-shuts-down-to-protest-against-denial-of- justice-to-sikhs-railways-schedule-went-off-the-track/ – Accessed 7 April 2011.

2. Singh, D. 2010, „SJF Condemn arrest of Sikh Activists‟ sikhsiyasat.net website, 3 November http://www.sikhsiyasat.net/2010/11/03/sjf-condemn-arrest-of-sikh-activists/ – Accessed 7 April 2011.

3. „Terrorist Groups – Punjab‟ 2011, South Asia Terrorism Portal website, 20 March http://www.satp.org/satporgtp/countries/india/states/punjab/terrorist_outfits/index.html – Accessed 7 April 2011.

4. „SGPC members detained‟ 2009, The Times of India, 14 May. (FACTIVA)

5. Deswal, D. 2011, „Commission of Inquiry to probe 1984 killing of Sikhs in Haryana village‟ The Times of India, 6 March (FACTIVA)

6. Human Rights Watch 2011, World Report – India, 24 January.

7. US Department of State 2011, Report on Human Rights Practices for 2010 – India, 8 April.

8. Immigration and Refugee Board of Canada 2009, IND103112.E – India: Whether members of the Akali Dal (Mann) / Akali Dal (Amritsar) party are harassed and arrested for

37 „KCF man dies in police custody‟ 2011, The Times of India, 15 March http://articles.timesofindia.indiatimes.com/2011-03-15/india/28691261_1_police-custody-police-torture-kcf – Accessed 8 April 2011 – Attachment 25 38 „Terrorist Groups – Punjab‟ 2011, South Asia Terrorism Portal website, 20 March http://www.satp.org/satporgtp/countries/india/states/punjab/terrorist_outfits/index.html – Accessed 7 April 2011 – Attachment 3 39 „KCF man dies in police custody‟ 2011, The Times of India, 15 March http://articles.timesofindia.indiatimes.com/2011-03-15/india/28691261_1_police-custody-police-torture-kcf – Accessed 8 April 2011– Attachment 25 40 US Department of State 2011, Report on Human Rights Practices for 2010 – India, 8 April, Section I(c) – Attachment 7 41 Asian Centre for Human Rights 2009, India Human Rights Report 2009, May – Attachment 26

Page 6 of 8 participating in party gatherings, for publicly complaining about the treatment of Sikhs by Indian authorities or for calling for the creation of Khalistan (separate homeland for Sikhs); whether police regard members of the Akali Dal (Mann) party with suspicion and monitor them for signs of any links with terrorism (2005 – March 2009), 14 April http://www.unhcr.org/refworld/docid/4b20f02c23.html – Accessed 7 April 2011.

9. UK Home Office 2010, Country of Origin Information Report – India, 21 September.

10. „India‟ 2010, Political Handbook of the World Online Edition, CQ Press Electronic Library.

11. „Punjab Assembly Election 2007 Results‟ 2007, Indian Elections website, 27 February http://www.indian-elections.com/assembly-elections/punjab/election-result-07.html – Accessed 30 June 2010.

12. UK Home Office 2008, Operational Guidance Note – India, April.

13. „Final phase in Indian election‟ 2009, BBC News, 7 May http://news.bbc.co.uk/2/hi/south_asia/8035977.stm – Accessed 8 April 2011.

14. „Regional Briefs‟ 2011, The Tribune, 6 March http://www.tribuneindia.com/2011/20110306/region.htm – Accessed 8 April 2011.

15. „KAC flays SAD (A) chief‟ 2007, The Times of India, 28 August – http://articles.timesofindia.indiatimes.com/keyword/sada/featured/5 – Accessed 11 April 2011.

16. „Punjab assessment – year 2010‟ (Undated), South Asia Terrorism Portal website. (CISNET – India CX255114)

17. „Manpreet Badal to launch his party Sunday‟ 2011, News One website, 26 March http://www.inewsone.com/2011/03/26/manpreet-badal-to-launch-his-party-sunday/38537 – Accessed 8 April 2011.

18. US Department of State 2010, International Religious Freedom Report – India, 17 November.

19. „Census of India: Population by religious communities‟ 2001, Census of India website http://censusindia.gov.in/Census_Data_2001/Census_data_finder/C_Series/Population_by_rel igious_communities.htm – Accessed 10 March 2011.

20. „Provisional Population Totals: Census 2011‟ (Undated), Census of India website http://www.censusindia.gov.in/2011-prov-results/prov_results_index.html – Accessed 8 April 2011.

21. Thampi, P.S. 2008, „Simmering discontent: Sikhs in Punjab are fighting many wars‟ The Economic Times, 8 March. (CISNET – India CX202565)

22. Singh, J. 2011, „Turban snatching by Police infringes religious rights: Canadian Sikh Coalition‟ sikhsiyasat.net website, 1 April http://www.sikhsiyasat.net/2011/04/01/turban- santching-by-police-infringes-religious-rights-canadian-sikh-coalition/ Accessed 7 April 2011.

23. „Terrorist Tag for Punjab Police Demanded After Turban Incident‟ 2011, The Times of India, 31 March http://timesofindia.indiatimes.com/nri/news/Terrorist-tag-for-Punjab-Police-

Page 7 of 8 demanded-after-turban-incident/articleshow/7834989.cms??prtpage=1 – Accessed 7 April 2011.

24. Singh, I.P. 2011, „Turban Removal Triggers Outrage‟ The Times of India, 2 April – http://articles.timesofindia.indiatimes.com/2011-04-02/india/29374021_1_turbans-removal- sikhs – Accessed 8 April 2011.

25. „KCF man dies in police custody‟ 2011, The Times of India, 15 March http://articles.timesofindia.indiatimes.com/2011-03-15/india/28691261_1_police-custody- police-torture-kcf – Accessed 8 April 2011.

26. Asian Centre for Human Rights 2009, India Human Rights Report 2009, May. (CISLIB 17469)

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