Sikh Human Rights Group (SHRG) Raises Nov. 1984 Massacres Issue as Sikh Genocide in UN

Geneva: Sikh Human Rights Group (SHRG) raised the issue of November 1984 massacre of Sikhs as ‘genocide’ at a UN Human Rights Council meet in Geneva. SHRG chairperson Dr. Jasdev Singh Rai read out a written statement in the UN HRC and said that as per the understanding of […]

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1 Response to Sikh Human Rights Group (SHRG) Raises Nov. 1984 Massacres Issue as Sikh Genocide in UN

  1. manjit singh butalia says:

    To
    The Editor

    Sir,
    Iam posting article for your paper as under:-

    THE 1948 GENOCIDE CONVENTION RATIFIED ON 29/08/1959, PANECEA OF CHECKING GENOCIDE, MALAFIDE IGNORED BY INDIAN GOVERNMENT

    After mssacare of Jews and others by Hitler, a Convention by the name 1948 GENOCIDE CONVENTION was passed by U N. In this Convention, Genocide word was 1st coined and was passed to check Mass Murders, Rapes against any group etc and further in future how to deal the said acts judicially and punish the guilty. The relevant Articles are given below:-

    India ratified the 1948 Genocide Convention on 29/08/1959. Some of the Articles are as under

    ” Article I
    The Contracting Parties confirm that genocide, whether committed in time of peace or in time of war, is a crime under international law which they undertake to prevent and to punish.

    Article II
    In the present Convention, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such :
    (a) Killing members of the group;
    (b) Causing serious bodily or mental harm to members of the group;
    (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
    d) Imposing measures intended to prevent births within the group;
    (e) Forcibly transferring children of the group to another group.

    Article III
    The following acts shall be punishable:
    (a) Genocide;
    (b) Conspiracy to commit genocide ;
    (c) Direct and public incitement to commit genocide;
    (d) Attempt to commit genocide ;
    (e) Complicity in genocide.

    Article IV
    Persons committing genocide or any of the other acts enumerated in article III shall be punished, whether they are constitutionally responsible rulers, public officials or private individuals.

    Article V
    The Contracting Parties undertake to enact, in accordance with their respective Constitutions, the necessary legislation to give effect to the provisions of the present Convention and, in particular, to provide effective penalties for persons guilty of genocide or of any of the other acts enumerated in article III.

    Article VI
    Persons charged with genocide or any of the other acts enumerated in article III shall be tried by a competent tribunal of the State in the territory No. I02Z 282 United Nations Treaty Series 1951 of which the act was committed, or by such international penal tribunal as may have jurisdiction with respect to those Contracting Parties which shall have accepted its jurisdiction.

    Article VII
    Genocide and the other acts enumerated in article III shall not be con sidered as political crimes for the purpose of extradition. The Contracting Parties pledge themselves in such cases to grant extradi tion in accordance with their laws and treaties in force.

    Article VIII
    Any Contracting Party may call upon the competent organs of the United Nations to take such action under the Charter of the United Nations as they consider appropriate for the prevention and suppression of acts of genocide or any of the other acts enumerated in article III.

    Article IX
    Disputes between the Contracting Parties relating to the interpretation, application or fulfilment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts enumer ated in article III, shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.”

    Article 51(C) of Constitution of India 1959, directs the state “to foster respect for international law and treatyobligations”

    Article 253 of Constitution of India 1950 empowers the Parliament “to make any law for the whole or any part of the territory of India for imlementing any treaty, agreement or convention”

    Under Artcle 20 of the International Convenant on Civil and Political Rights (ICCPR), which has been acceded to by India binds the Indian State to prohibit by law”any advocacyof national, racial or religious hatred that constitutes incitement to discrinination, hostitlity or violence”.

    Our laws do not recognize mass murders as a seperate offence but only murder.

    Under Section 197 Criminal Procedure Code, State and its functionaries (holding constitutional posts) are given immunity from prosecution, if functionaries of the State are involved directly or indirectly in any kind of acts of Genocide as defined under the Convention. This provision is legacy of English Raj. English treated Indians astheir subjects and they had kept themselves above the law by enactment of section 197 CRPC. Thus created immunity for themselves. India had followed the same and as such person’s holding constitutional posts and others cannot be tried for any kind of criminal offence according to present laws.

    Under Indian Penal Code there is no offence of mass murders but it recognises murder only

    In the case of 1984 Genocide of Sikhs in Delhi and other parts of India, in which the then Prime Minister Rajiv Gandhi deliberately ignored and supported with his cronies the killings of Sikhs in order to take revenge of the killing of Indra Gandhi by her Sikh body guards and on the plea that Sikhs had distributed sweets on the occasion of the death of her mother. Then in a public rally in Delhi, just after death of Indra Gandhi, Rajiv Gandhi had supported the killings by saying when a big tree falls there is a tremor in earth.
    .
    If the Governments had implimented in letter and spirit the Convention then Rajiv Gandhi would havebeen made in which it was adopted looking into the attrocities committed by Nazis on Jews and others because Hitler had not personally committed the acts but supported and justified as Rajiv Gandhi had done, then Rajiv Gandhi would havebeen made prime accused under Article IV of the Convention. Various ethinic killings in India like Neoli Massacare, Godra Incident, killings in the name goraksha etc would not have taken place.

    Among the most shameful episodes in post independent India’s history are the massacres at Nellie in 1983, the pogrom against the Sikhs in 1984. The brutal suppression of the insurgency in Punjab from the mid 80’s to the mid 90’s, the pogroms following the destruction of the Babri Masjid in 1992, the ongoing violations in Kashimir, the genocide in Gujarat in 2002 etc.

    It is rather ironic that not too long ago, experts from the Ministry of Law helped the Cambodian Government draft a law on crimes against humanity and genocide (to facilitate the trial of Khmer Rouge leaders), while being complacent of the adequacy of the Indian legal machinery in responding to similar crimes in India. This is a case of preaching what we do not practice.

    In an interview given by Indra Gandhi then PM gave reasons to attack then East Pakistan in 1971 because India could not shut its eyes to mass murders, mass rapes and genocide which were taking place due to the Pakistan army.

    Congress Party in its Election Manifisto of 2004 had refered to the genocide to some extent but did not follow the 1948 Genocide Convention , which the Congress Party in power at Center had ratified on 29/08/1959.

    Contracting parties, i.e. other States who have ratfied the Convention can compel to imlement the provisions of Convention under Articles V to IX. The Provincial Legislative Assembly of Ontario who had passed the Resolution declaring November 1984 killings of Sikhs as Genocide in April 2017 can take up the matter in UN, if Canada is a Contracting Party to the 1948 Genocide Convention.

    I had filed PIL in Delhi High bearing No. 9872 of 2017 with following prayers

    ” Issue appropriate writs or orders under Article 226 of Constitution of India directing the Respondent (Ministry Home) to

    1. fulfill its Obligations under the 1948 Genocide Convention & Treaty Laws by having proper deterrent legislation to punish the perpetrators of GENOCIDE so that we may not face such barbaric incidents in future in India.

    2 some mechanism be evolved for future, so that such incident of Genocide do not take place in India through an independent body/Forum on the lines of International Human Rights, 1948 Genocide Convention and not under the control of any government, as such incidents of violence are taking place with great frequency against the minorities etc and it is a threat to the unity of India.

    3. declare the planned brutal killings of Sikhs and rape of their ladies along with burning of their houses and establishments in November 1984, after killing of Smt. Indra Gandhi as an act of GENOCIDE and not Anti Sikh Riots as it was only the Sikhs who were at the receiving end at the hands of the miscreants as per Principles of Sikh Religion, it is against the principles to cause harm to any unarmed person, children or women, by the use of word Riots, name of Sikh Religion is being tarnished. ”

    The same has been disposed off with the following order

    “1. This writ petition seeks a direction by this court to the respondents to fulfill its obligations in terms of the Genocide Convention and Treaty Laws, 1948 by having proper deterrent legislation for the offence of genocide. The writ petition has been filed without making any representation to the respondent. In any case, the writ would otherwise be not maintainable as this court does not have the power to issue directions to the respondent to effect any legislation.

    2. The petitioner, who appears in person, prays that this writ petition may be treated as a representation to the respondents. 3. In view thereof, this writ petition is disposed of with a direction to the respondent that they may treat the same as a representation made to them.
    ACTING CHIEF JUSTICE C.HARI SHANKAR, J
    NOVEMBER 27, 2017”

    I am not a political person nor I have resources to make public aware of this extremely importan issue touching the lives of 135 Crore Indians consisting various religuios groups, polital parties which has escaped their attention. Various bodies should take up this issue to presurise Government to follow in letter and spirit the 1948 Genocide Convention etc for the sake of future generations. This is my humble request.
    My free services as an advocate 51years standing is available 24/7 hours are available for the cause of safety and well being of our next genrations.
    Manjit Singh Butalia Advocate
    Mob. 09810057359.
    R/o C-327, Sector 19 Noida, UP, India.

    My endavour is to create awareness of this importand issue, so that, neccessary laws are passed in confirmity with letter and spirit of 1948 Genocide Convention.

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