Refugee Review Tribunal

AUSTRALIA

RRT RESEARCH RESPONSE

Research Response Number: IND17527 Country: Date: 26 September 2005

Keywords: India – – – Akali Dal Activists

This response was prepared by the Country Research Section of the Refugee Review Tribunal (RRT) after researching publicly accessible information currently available to the RRT within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

Questions

1. Would someone whose name is not Singh and who does not exhibit any external signs of Sikh religion (e.g. uncut hair) plausibly be a Sikh? 2. Would a non-Sikh Punjabi plausibly be an Akali Dal activist? 3. Is there evidence that after 2002 Akali Dal activists were targeted by in Punjab (or in Rajasthan)?

RESPONSE

1. Would someone whose name is not Singh and who does not exhibit any external signs of Sikh religion (eg uncut hair) plausibly be a Sikh?

Sources quoted below suggest that it is plausible for a person to be a Sikh even though they cut their hair and their name is not Singh.

An article dated 27 February 2004 in The Sacramento Bee reports that roughly one quarter of Sikhs worldwide cut their hair (Jewett, Christina 2004, ‘Army rules deter Sikhs from joining’, Sacramento Bee, 27 February, History of the Sikhs website http://www.sikh- history.com/cgi-bin/Ultimate/ultimatebb.cgi?ubb=get_topic;f=10;t=000529 – Accessed 23 September 2005 – Attachment 1). Sources suggest that Sikhs may cut their hair because they are Sahaj-dharis (also known as Sehaj-dharis, Sahajdharis and Sehajdharis) or in order to fit in.

A cultural profile of Sikhs prepared for the Royal Canadian Mounted Police provides the following information on the Sahaj-dharis:

These Sikhs have basically adopted western style clothing. Some cut their hair and shave their faces; others merely trim their facial hair; still others cut their hair, trim their beards, and yet wear turbans. Such Sikhs tend to more closely associate with the teachings of , than the ideal of Gobind SINGH. The Khalsa Sikhs, however, appear to hold some hope that the Sahaj will eventually accept the orthodox line; Sahaj-dharis means slow adopters.

Sikhs, like the believers of other faiths, are divided in terms of the degree of orthodoxy they accept in their religious practices. Some Sikhs choose to follow the full rigors of their faith, others discard the outward symbols but retain the inner beliefs, while still others appear to have only a casual attitude towards religion (Duguay, JMG & Grant SA 1999, Cultural Profile of Sikhs, 24 June, Royal Canadian Mounted Police website – Attachment 2).

An article by the Ex President of the World Sikh Council provides the following information on Sahajdharis:

There were, however, many other members in the Sangat [congregation], who were desirous to become a Sikh, but needed more time to fulfill their commitment as a Sikh. Such people were known as “ Sikhs” or “Slow adopters”. Many of them paid more attention to the religion in which they were born and ignored some of the fundamental principles of .

…Those Sikhs, who believe in the teachings of Guru Nanak, and follow many commitments of the Sikh way of life, yet they do not keep hair, (which is the first condition in Sikhism); these people are called the Sahajdhari Sikhs.

…Sahajdhari Sikh means a slow adopter of Sikhism

…Therefore, in the light of above discussion, it can be presumed that the Sahajdhari Sikh from the time of the Gurus were always welcomed in the congregation (sangat), to earn a time for complete transformation of his mind towards the Guru’s teaching, and finally to get baptized into the fold of Khalsa, the brotherhood, at an earliest opportunity (Singh, Kuldeep (undated), ‘Sahajdhari Sikhs and Khalsa’, Sikh Review http://www.sikhreview.org/pending/pending3.htm – Accessed 23 September 2005 – Attachment 3).

A number of articles suggest that Sikhs may cut their hair in order to fit in.

An article dated September 2002 in The SikhSpectrum.com Monthly provides information on stresses faced by Sikhs in America:

Dress codes for employees, membership of an association, laws requiring helmets and other safety headgear, etc., have continued to create stressful situations for Sikhs.

The immigrant…understands the situation and may either succumb and cut his hair or insist upon his right to practice his faith and fight, sometimes successfully, to get the rules changed (Singh Sandhu, Dr. Ranbir 2002, ‘Sikhs In America: Stress And Survival’, SikhSpectrum.com Monthly, Issue No. 4, September http://www.sikhspectrum.com/092002/survival.htm – Accessed 23 September 2005 – Attachment 4).

An article dated 27 February 2004 in The Sacramento Bee reports that American Sikhs “face daily pressure to shed the emblems of culture and file anonymously into America’s secular society” (Jewett, Christina 2004, ‘Army rules deter Sikhs from joining’, Sacramento Bee, 27 February, History of the Sikhs website http://www.sikh-history.com/cgi- bin/Ultimate/ultimatebb.cgi?ubb=get_topic;f=10;t=000529 – Accessed 23 September 2005 – Attachment 1).

An article dated 16 March 2004 in The Star-Ledger reports on two Sikh teenagers who cut their hair and lied to authorities saying they were accosted in a local park.

Simrandeep Singh said it wasn’t any particular taunt that made him cut his hair, but a general feeling of being out of place and out of touch with his spirituality.

That feeling is not uncommon, said Yadvinder Singh [Leader at the Sri Guru Singh Sabha of Glen Rock]. More and more men both in India and in America are cutting their hair, even some men at his own temple.

“It’s a lot of pressure,” Yadvinder Singh said. “You stand out in a crowd and if you don’t know what you stand for, it’s difficult.”

Surjit Singh Gandhi, a Sikh scholar and author of 25 books on Sikhism, who attended the Glen Rock temple ceremony on Sunday, said he is very concerned about the trend.

‘When someone cuts their hair, they are not considered an ideal Sikh,” Ghandi said. “It’s the pressure of society. They want to fit in. The new generation always wants to rebel. We are losing the identity of the culture” (‘Lies that shook a community’ 2004, Star-Ledger, 16 March, Sikh American Legal Defence and Education Fund website http://www.saldef.org/default.aspx?zone=article.view&a=725&z=4 – Accessed 23 September 2005 – Attachment 5).

According to the Executive Director of the World Sikh Organisation in Ottawa “it is possible for any Sikh, regardless of class, to have a name that does not include the name ‘Singh’”:

The following information was provided in a 20 April 1998 letter from the Executive Director of the World Sikh Organization in Ottawa.

It is mandated by the Sikh Code of Conduct (Rehat Maryada) that initiated Sikhs take the name “Singh” (or “Kaur”) after the Amrit initiation ceremony. However, people born into a Sikh family, customarily use the name “Singh” even if they have not undertaken the Amrit commitment. The use of the name “Singh” (Lion) for men, and “Kaur” (Lioness) for women, is considered a great symbol of equality in Sikhism, with all people sharing the same name, so as not to designate class distinctions, by virtue of their last name. This commitment to equality came about in direct opposition to the practice of designation of social caste by name and/or geography. It should be noted as well, that there are occasionally, non-Sikhs, who belong to other faith groups (Muslim, Hindu) who bear the name “Singh”.

Therefore, it is irrelevant as to what “class” a Sikh may be forced to ascribe to. Taken directly from the Sikh Code of Conduct (The Rehat Maryada), the definition of a Sikh is as follows:

“Any human being who faithfully believes in:

i) One immortal Being; ii)Ten Gurus, from Guru Nanka Dev to ; iii)The ; iv)The utterances and teachings of the ten Gurus, v)The baptism bequeathed by the tenth Guru, and;

who does not owe allegiance to any other religion, is a Sikh.”

Responses to these questions can decidedly determine the faith of the individual as a Sikh, regardless of whether or not the man/woman wears any of the five articles of faith, has taken the Amrit, or bears the name “Singh” or “Kaur.” Focusing on the outwardly identifiable articles of faith worn by Sikhs, is merely one method of identifying members of this faith group...

...it is possible for any Sikh, regardless of class, to have a name that does not include the name “Singh.” It is also possible for an individual born into a Sikh family, though they themselves may not have accepted Amrit, to include the name “Singh” (Immigration and Refugee Board of Canada 1998, IND29223.E – India: Whether a male Sikh of the Khatri class can have a name that does not include “Singh”, 29 April – Attachment 6).

According to the Ex President of the World Sikh Council, Sahajdharis amongst others may not be named Singh.

There were many Sikhs who kept their old last names like ‘Ram’, ‘Lal’, ‘Dass’, ‘Rai’ etc. instead of ‘Singh’ although they all had taken ‘Pahul’ from the Gurus. An important example is that of Baba Dayal founder of movement, who made innumerable reforms in nineteenth century. Therefore, it is wrong to say that all those who did not have the last name as ‘Singh’ were all Sahajdharis (Singh, Kuldeep (undated), ‘Sahajdhari Sikhs and Khalsa’, Sikh Review http://www.sikhreview.org/pending/pending3.htm – Accessed 23 September 2005 – Attachment 3).

2. Would a non-Sikh Punjabi plausibly be an Akali Dal activist?

Sources quoted below suggest that a non-Sikh Punjabi could be an Akali Dal activist.

According to the Danish Immigration Service, Akali Dal “which was founded in 1920, is the political party which is the prime representative of the Sikh community in Punjab today. The party takes part in general elections to the Parliament (Lok Sabha), but concentrates mainly on the status of the Sikhs in Punjab” (Danish Immigration Service 2000, Report on fact- finding mission to Punjab, India 21 March to 5 April 2000, 1 May – Attachment 7).

Despite this a number of news articles dated 2001, 2002, 2003 and 2005 report that Akali Dal has non-Sikh members.

• “The reconstitution of the decision-making bodies of the marks a turning point in the history of the party. For the first time it has inducted as many as 33 Dalits, 18 Hindus, six Muslims and two Christians in such bodies” (‘Everybody’s party’ 2005, The Tribune, 20 April http://www.tribuneindia.com/2005/20050420/edit.htm – Accessed 23 September 2005 – Attachment 8); • “The most important issue to come up before the committee is the opening of membership to non-Sikhs by including a provision to this effect in the constitution. The SAD [Shiromani Akali Dal] was out and out a party of Sikhs as the number of non-Sikhs in the party is symbolic” (Dhaliwal, Sarbjit 2003, ‘SAD may open doors to non-Sikhs’, The Tribune, 23 December http://www.tribuneindia.com/2003/20031224/punjab1.htm – Accessed 23 September 2005 – Attachment 9); • “In a significant move, the Youth Wing of the Shiromani Akali Dal has decided to appoint Hindu members of the party as presidents of the Youth Akali Dal’s units of mandis (small towns) while restructuring the district units of the Youth Akali Dal in the first week of January next year” (‘Non-Sikhs to head Youth SAD units’ 2002, The Tribune, 12 December – Attachment 10); • “A function…to felicitate Mr Amrit Lal Aggarwal, who has been nominated to the State Executive of ruling Shiromani Akali Dal as an advisor, virtually turned into a political rally, with speaker after speaker urging the party president and Punjab Chief Minister to allot Ludhiana (West) Assembly seat in the next elections to non- Sikh segment and nominate Mr Aggarwal as a party candidate” (‘SAD non-Sikh segment stakes claim to seat’ 2001, The Tribune, 5 November http://www.tribuneindia.com/2001/20011106/ldh1.htm – Accessed 23 September 2005 – Attachment 11); • “Mr Aggarwal [SAD Adviser], who had joined the SAD along with 500 other non-Sikhs, including doctors, lawyers and other professionals” (‘Interests of non-Sikhs safe under SAD regime’ 2001, The Tribune, 29 September http://www.tribuneindia.com/2001/20010930/ldh1.htm#11 – Accessed 23 September 2005 – Attachment 12); • “The non-Sikh component of the ruling Shiromani Akali Dal (Badal) has staked its claim to the party ticket from the Ludhiana (West) constituency for the coming Assembly elections in the state” (‘Non-Sikhs stake claim to SAD ticket from Ludhiana (West)’ 2001, The Tribune, 26 August http://www.tribuneindia.com/2001/20010827/ldh1.htm – Accessed 23 September 2005 – Attachment 13); and • “At least three Hindu leaders, Mr Chiranji Lal Garg, Mr Parkash Chand Garg and Mr Chajju Ram Sofat, are members of the Executive of the SAD. Besides, there are a number of other Hindus in the party” (‘SAD opens door to Hindus at grassroots’ 2001, The Tribune, 27 July – Attachment 14).

3. Is there evidence that after 2002 Akali Dal activists were targeted by Congress in Punjab (or in Rajasthan)?

No information on Akali Dal activists being targeted by the Congress Party in Rajasthan since 2002 was found amongst the sources consulted. One article provides general information on the harassment of Akali Dal political leaders by Congress Party members. No other information on the targeting of Akali Dal activists by the Congress Party in Punjab since 2002 was found amongst the sources consulted. Nonetheless, clashes between Akali Dal members and Congress Party members have occurred particularly during elections.

An article dated 25 February 2002 in The Tribune reports that the Congress Party will take power in Punjab after winning 62 of the 116 seats (Singh, Prabhjot 2002, ‘Congress wrests power in Punjab: Badal resigns as several ministers lick dust’, The Tribune, 25 February – Attachment 15).

An article dated 23 June 2003 in The Daily Excelsior reports that the Congress Government in Punjab is “registering cases against” Akali Dal political leaders and “harassing their family and friends”:

“Mr Badal, who is a three time Chief Minister and Union Minister besides being the president of the Akali Dal, is being harassed by the present Congress Government. We wanted to tell the Congress president to take timely action to bring peace in the state by stopping the Chief Minister from committing vindictive acts.”

The Akali Dal had also ruled for five years in Punjab but they had never taken any personal vindictive action towards their political adversaries, Mr Thapar [Akali Dal National General Secretary] said.

…“But the Congress Government is registering cases against political leaders and harassing their family and friends. This should not happen in a democratic state as the elected Government is expected to work for the people and not harass them.”

Even during the election for the SGPC earlier, the Government had set up police barricades in the and had harassed Akali leaders, he alleged (‘Akali Dal protest Punjab Govt’s vindictive acts against Badal’ 2003, Daily Excelsior, 23 June – Attachment 16).

2005 Clashes

An article dated 18 September 2005 in The Tribune reports that six were injured when Akali Dal and Congress workers clashed during the bypoll at Ward No. 9 of the Municipal Corporation, Patiala (‘MC poll: Cong, SAD workers clash, 6 hurt’ 2005, The Tribune, 18 September http://www.tribuneindia.com/2005/20050919/punjab1.htm – Accessed 23 September 2005 – Attachment 17).

An article dated 23 February 2005 in The Tribune reports that more than 100 Akali Dal and Congress supporters were injured during clashes in the Ajnala byelection (Walia, Varinder 2005, ‘Violence mars Ajnala bypoll’, The Tribune, 23 February http://www.tribuneindia.com/2005/20050224/main1.htm – Accessed 23 September 200 – Attachment 18).

An article dated 17 January 2005 in The Tribune reports that Akali Dal and Congress supporters “clashed during voting for panchyat bypoll at Salhina village” (‘Cong, SAD activists clash’ 2005, The Tribune, 17 January http://www.tribuneindia.com/2005/20050118/punjab1.htm#9 – Accessed 23 September 2005 – Attachment 19).

2004 Clashes

An article dated 10 May 2004 reports on clashes between Akali Dal and Congress supporters during the Lok Sabha elections in Punjab (‘Heavy turnout in Punjab villages’ 2004, The Tribune, 10 May http://www.tribuneindia.com/2004/20040511/main2.htm – Accessed 23 September 2005 – Attachment 20).

2003 Clashes

An article dated 29 June 2003 reports that Akali Dal and Congress supporters clashed in several districts including Moga, Ferozepur and Amritsar during the Punjab panchayat polls (‘Two killed in Punjab panchayat polls’ 2003, Rediff.com website, 29 June http://www.rediff.com/news/2003/jun/29punj.htm – Accessed 23 September 2005 – Attachment 21).

List of Sources Consulted

Internet Sources: Government Information & Reports Danish Immigration Service http://www.udlst.dk/english/ Immigration and Refugee Board of Canada http://www.irb-cisr.gc.ca/cgi- bin/foliocgi.exe/refinfo_e UK Home Office http://www.homeoffice.gov.uk US Department of State http://www.homeoffice.gov.uk United Nations (UN) UNHCR http://www.unhcr.ch/cgi-bin/texis/vtx/home Non-Government Organisations Amnesty International http://www.amnesty.org/ Human Rights Watch http://www.hrw.org/ International News & Politics BBC News http://news.bbc.co.uk Hindustan Times http://www.hindustantimes.com/ Rediff.com http://in.rediff.com/index.html The Times of India http://timesofindia.indiatimes.com/ The Tribune http://www.tribuneindia.com/

Topic Specific Links History of the Sikhs http://www.sikh-history.com/ Institute of Sikh Studies http://www.sikhstudies.org Sikh American Legal Defence and Education Fund http://www.saldef.org/default.aspx Sikh Review http://www.sikhreview.org/ Sikh Spectrum http://www.sikhspectrum.com/ Search Engines Google http://www.google.com.au/ Wikipedia http://en.wikipedia.org/wiki/Main_Page

UNHCR REFWORLD UNHCR Refugee Information Online

Databases: Public FACTIVA Reuters Business Briefing DIMIA BACIS Country Information REFINFO IRBDC Research Responses (Canada) RRT ISYS RRT Country Research database, including Amnesty International, Human Rights Watch, US Department of State Country Reports on Human Rights Practices. RRT Library FIRST RRT Library Catalogue

List of Attachments

1. Jewett, Christina 2004, ‘Army rules deter Sikhs from joining’, Sacramento Bee, 27 February, History of the Sikhs website. (http://www.sikh-history.com/cgi- bin/Ultimate/ultimatebb.cgi?ubb=get_topic;f=10;t=000529 – Accessed 23 September 2005)

2. Duguay, JMG & Grant SA 1999, Cultural Profile of Sikhs, 24 June, Royal Canadian Mounted Police website. 3. Singh, Kuldeep (undated), ‘Sahajdhari Sikhs and Khalsa’, Sikh Review. (http://www.sikhreview.org/pending/pending3.htm – Accessed 23 September 2005)

4. Singh Sandhu, Dr. Ranbir 2002, ‘Sikhs In America: Stress And Survival’, SikhSpectrum.com Monthly, Issue No. 4, September. (http://www.sikhspectrum.com/092002/survival.htm – Accessed 23 September 2005)

5. ‘Lies that shook a community’ 2004, Star-Ledger, 16 March, Sikh American Legal Defence and Education Fund website. (http://www.saldef.org/default.aspx?zone=article.view&a=725&z=4 – Accessed 23 September 2005)

6. Immigration and Refugee Board of Canada 1998, IND29223.E – India: Whether a male Sikh of the Khatri class can have a name that does not include “Singh”, 29 April.

7. Danish Immigration Service 2000, Report on fact-finding mission to Punjab, India 21 March to 5 April 2000, 1 May.

8. ‘Everybody’s party’ 2005, The Tribune, 20 April. (http://www.tribuneindia.com/2005/20050420/edit.htm – Accessed 23 September 2005)

9. Dhaliwal, Sarbjit 2003, ‘SAD may open doors to non-Sikhs’, The Tribune, 23 December. (http://www.tribuneindia.com/2003/20031224/punjab1.htm – Accessed 23 September 2005)

10. ‘Non-Sikhs to head Youth SAD units’ 2002, The Tribune, 12 December.

11. ‘SAD non-Sikh segment stakes claim to seat’ 2001, The Tribune, 5 November. (http://www.tribuneindia.com/2001/20011106/ldh1.htm – Accessed 23 September 2005)

12. ‘Interests of non-Sikhs safe under SAD regime’ 2001, The Tribune, 29 September. http://www.tribuneindia.com/2001/20010930/ldh1.htm#11 – Accessed 23 September 2005)

13. ‘Non-Sikhs stake claim to SAD ticket from Ludhiana (West)’ 2001, The Tribune, 26 August. (http://www.tribuneindia.com/2001/20010827/ldh1.htm – Accessed 23 September 2005)

14. ‘SAD opens door to Hindus at grassroots’ 2001, The Tribune, 27 July.

15. Singh, Prabhjot 2002, ‘Congress wrests power in Punjab: Badal resigns as several ministers lick dust’, The Tribune, 25 February.

16. ‘Akali Dal protest Punjab Govt’s vindictive acts against Badal’ 2003, Daily Excelsior, 23 June.

17. ‘MC poll: Cong, SAD workers clash, 6 hurt’ 2005, The Tribune, 18 September. (http://www.tribuneindia.com/2005/20050919/punjab1.htm – Accessed 23 September 2005) 18. Walia, Varinder 2005, ‘Violence mars Ajnala bypoll’, The Tribune, 23 February. (http://www.tribuneindia.com/2005/20050224/main1.htm – Accessed 23 September 2005)

19. ‘Cong, SAD activists clash’ 2005, The Tribune, 17 January. (http://www.tribuneindia.com/2005/20050118/punjab1.htm#9 – Accessed 23 September 2005)

20. ‘Heavy turnout in Punjab villages’ 2004, The Tribune, 10 May. (http://www.tribuneindia.com/2004/20040511/main2.htm – Accessed 23 September 2005)

21. ‘Two killed in Punjab panchayat polls’ 2003, Rediff.com website, 29 June. (http://www.rediff.com/news/2003/jun/29punj.htm – Accessed 23 September 2005)