India the world’s largest Democracy Hypocrisy By: Simi Dhanjal

 

 

Following the gang rape case of 23 year old Damini in Delhi last week, many protests took place all over the capital and protestors turned out in masses to stand up for Damini. 

 

One of those many people was, Tajinder Pal Singh Bagga, president of the Bhagat Singh Kranti Sena (‘BSKS’) an organisation which prides itself on being a ‘task force against traitors, anti nationals & corrupts’

  

Bagga, has stated that he was peacefully demonstrating in New Delhi, he and other protestors has taken to the streets of Delhi on hearing about the horrific rape case and as a result Bagga was arrested. 

 

First of all, the police were unable to arrest Bagga as they were unable to locate him, the police arrived to his house and arrested his father until he showed up; only then was his father allowed to be released and Bagga was arrested and taken into custody.  Bagga was protesting peacefully and under Part 3, Article 19 (1) of the Indian Constitution Bagga as an Indian is guaranteed the following freedom:

 

Protection of certain right regarding freedom of speech, etc:

 

(1)  All citizens shall have the right:

(a)  To freedom of speech and expression;

(b)  To assemble peaceably without arms;

(c)   To form associations or unions;

(d)  To move freely throughout the territory of India

(e)  To reside and settle in any part of the territory of India. 

 

This is outlined as being a ‘fundamentalright’.  Bagga was therefore arrested unlawfully, further to which his father was arrested for no reason at all. 

 

Part 3, Article 22 (1) and (2) further, guarantee protection against arrest and detention in certain cases:

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Bagga has the following to say regarding this via a Facebook chat conversation

‘i was in custody for 2 days on Monday and Tuesday.  On Wednesday the police released me on the condition that I remain in my house.  However on Wednesday I and members of BSKS appealed to people to take part in a big march.  The police again arrested me on Saturday, the police has reached my home by this time.’

In light of Article 22 (2) Bagga was not presented before a magistrate within 24 hours – he was in custody for a period of time exceeding 24 hours.  His closing remarks on this were was ‘this was totally illegal detention’.  He further explained that on asserting his rights he was informed that; the police had ‘orders from higher authorities’ although Bagga has now been released he is still released on the condition that he does not leave his house and further to this some of his property is still in police custody. 

It would therefore appear that rights which are seen as being fundamental and applicable to all have been violated in this case, and perhaps many more cases.  What is the use of being the world’s largest democracy if you have a long list of freedoms which you cannot exercise; if one is exercising their constitutional rights, how and why does this result in giving rise to a person’s personal freedom and liberty being violated. 

 

It appears as though corruption in India ranks above any fundamental constitutional right of any citizens.  Will Indian do anything to stop the never ending tears of blood and the ever decreasing confidence the Indian public has in its government and political system.

 

In the mean time we can only salute people such as Tajinder Pal Singh Bagga, who are working for a better tomorrow for India, standing up against injustice we hope that he and BSKS is successful in ending corruption and putting pressure on the government in order to bring perpetrators of horrific crimes and corrupt politicians as well members of the police to justice. 

Update from Executive Director Zemira Eli Natan:
In a recent update taken from my recent chat with Tajinder Pal Singh Bagga  it is important to not that after his release on Wednesday Bagga organized another protest to take place on Saturday 29 December 2012.  On Friday the Police called Bagga and demanded that he cancel his protest and remain in his house. When  Bagga refused to cancel his protest he was again taken into custody by Indian Police at 6:30 PM  and released at 12 Midnight.  Tajinder Pal Singh Bagga was held in an Illegal arrest for 2 days  Monday and Tuesday and released!  However, becuase he has continued to organize protests  Bagga  is currently under House arrest!  The police have not left his home!  This is a supreme act of a corrupt government in action with police acting illegally and against the Constitution of India!  We Demand JUSTICE!

Simi Dhanjal
Volunteer Consultant
Refugee Council
London, UK


Zemira Eli Natan
Executive Director
International Unity for Equalityhttp://unity4equality.blogspot.in/2012/07/muslim-brotherhood-and-public-ignorance.html

Rape punishable by death penalty: to be or not to be? By: Simi Dhanjal

 

 

In the wake of a horrifying rape which took place in New Delhi, India last week; a wave of protestors have broken out and congregated in the streets in defence of the grave injustice inflicted upon an unnamed 23 year – old rape victim. 

 Rape is not yet punishable by death penalty in India despite the fact that so many rapes take place in India every year.  Public fury and pressure on politicians has sparked the possibility of the government considering an amendment to the rape law as it is it right now, and could well see rape punished by death penalty.  This is something that should have been done many years ago; Indiasawaal.com has reported Delhi as being the rape capital of India with 453 rapes alone committed last year whilst legallyindia.com has reported that in India a rape happens every 54 minutes. 

Surely this alone is reason enough to provoke a shift in rape laws in India.  At the very least making rape punishable by death penalty will act as a deterrent to perpetrators of rape.  Kavita Krishnan, secretary of the All India Progressive Women’s Association has stated ‘people want the rapists to be hanged because of anger and because of the impunity enjoyed by the rapists in India.  Out of 100 cases only 26 are punished, and that is shocking. Laws are archaic. There is need for overhauling the system and ending the impunity.’

 

 

The anger and rage which brought the protestors to the streets was directed towards the government owing to the fact that the conviction rates in rape cases have seen a steady decline.  This is angering as it means that impunity has increased and as a result rape and rape victims are not taken seriously it is therefore not viewed as being a serious crime. 

It is unnerving not to mention disgusting that rape goes unpunished in a country which prides itself on being the world’s largest democracy.  Even protestors have had their freedom to speech and assembly violated as so many of them have been brutally injured by policemen in what started off as a peaceful protest.  If women are not safe then India sure has a lot of questions to answer on this issue. 

http://youtu.be/pgkwVFZXL20

Video courtesy of :  Bhagat Singh Kranti Sena

The Prime Minister’s response to the protestors and the situation was that there was ‘genuine and justified anger and anguish at this ghastly incident’ but appealed for calm and assured that ‘all possible efforts’ would be taken to ensure security and safety of women in the country. ‘We will examine without delay not only the responses to this terrible crime but also all aspects concerning the safety of women and children and punishment to those who commit these monstrous crimes,’ he further added ‘I appeal to all sections of society to maintain peace and help us in our efforts.’

 

We have yet to see what impact the protesting youth of India will have on reshaping and reforming the rape laws in India.  Many believe that the perpetrators of this particular rape can only be brought to justice through capital punishment whilst others are silent on the matter.  More needs to be done in investigating why rape occurs on such mass levels in India, why it is improperly investigated and why there is a belief amongst the police that rape victims either consent to it or lie, if the peacekeepers do not believe this happens then it will just go on unnoticed until every women in India is eventually raped. 

 

A petition has been put together which can be signed in support of hanging the rapists.  It can be found at: http://www.causes.com/causes/805176-never-never-never-give-up/actions/1718130?recruiter_id=37210430&utm_campaign=invite&utm_medium=wall&utm_source=fb

 

And for more statistics on rape please look at: http://indiansawaal.com/rape-statistics-in-india/

Simi Dhanjal
Volunteer Consultant
Refugee Council
London, UK

Zemira Eli Natan
Executive Director
International Unity for Equality

Questioning Corruption in Court and by Police

A recent case has come to my attention  in Sindh, Pakistan.  This case involved 36 Bonded Laborers  who  had the courage to demand payment for their labor from their Landlord.  Upon hearing this demand, the Landlord became agitated and denied these people access to their personal possessions and basic medical care. This is a direct violation of basic Human Rights as stated in the Constitution of Pakistan 1973!  Most people ask to be paid for their work.  This is a normal request. Most people  are never to be denied access to their personal possessions just becuase they are working for someone.  Most people, if injured or need medical care have the right to receive it. However, in Sindh,  it is permissable for a Landlord to go so far as to use his connection to the government agencies such as the Police  to force Bonded Laborers into a state of submission and deny them their basic Human Rights.  When this case was brought before a judge in Sindh  the case was immediately dismissed!  Why was this case dismissed?  The normal legal procedure in Sindh is that the person who files the complaint must receive instruction from the police to call for a report.  In this case, the opposite happened.  This instruction was not received by the side of the complaint.  The judge simply called the police for the report, and the police responded claiming that there were no bonded laborers working for this Landlord and that there was no issue and dismissed the case.  This is an illegal procedure.  There is a law on the books that is proof that proper legal procedure was not followed in this case. Now this case will have to be taken to the High Court since this legal procedure that is clearly written in the law was not followed.  Why is it necessary in Sindh or anywhere else where this kind of corruption occurs for this obstruction of justice to take place?  Why must 36 Bonded Laboreres endure endless suffering because proper legal procedure was not followed?  Is slavery that important that people must be taken advantage of in this way?  Truly it is a question to be examined and addressed.  It is unacceptable and abhorrant that this is permitted.  How long do people think such practices will last without action?  The truth is important to tell in this matter  and appeals will be made  in every way.  I am hoping for a future without corruption.  I am hoping for agencies such as the courts and police will learn never to participate in such disgraceful behavior as to support a Landlord who is telling the world a lie rather than the Bonded Laborer who stands for truth and works and is not paid, denied his personal possessions and receives no medical treatment and is still expected to work under these foul conditions.

Zemira Eli Natan
Executive Director
International Unity for Equality

Achintya Das
Administrative Director
International Unity for Equality

Britain Without the Bloodshed of Sikhs By:Simi Dhanjal

A Sikh Guardsman, Jatinderpal Singh Bhullar, has been the centre of much attention this past week in Britain, owing to fact that he has been seen to be ‘breaking’ years of British Army tradition whilst on parade outside Buckingham Palace.  Bhullar has chosen to observe his faith by wearing his turban – a symbol of the Sikh faith instead of the traditional Bearskin worn by the Queen’s Guardsmen.   

There appears to have been a mixed reaction to this.  Bhullar, has been allowed to wear the turban, however, army traditionalists are very concerned about the ramifications this has, given that it breaks years of army tradition and does not form part of the uniform of the other Guardsmen. 

It has also been suggested that Britain has gone too far in allowing Bhullar to wear his turban as numerous Sikhs have previously performed their ceremonial duties without objecting to wearing the bearskin.   

The right for Bhullar to manifest his religion is something which he had to fight very hard for.  It is a right that he is entitled to under Article 9 of the European Convention on Human Rights.  In addition to this, it has been reported to some newspapers that Bhullar has endured taunts about his turban and refusal to cut his hair and beard.   

Sikhs have a history of being known as being gallant fighters, their efforts have been recognised and praised in both the First and Second World Wars, where they turned out as one of the largest minority groups – not only fighting for but also dying for Britain: a nation which was not even their own.  They have been celebrated fighters and were even commended by German solders in the Second World War when they resorted to pulling out swords on the battlefield when their ammunition was exhausted. 

It is interesting to note that as one of the largest minorities fighting to free war – torn Britain in both the first and second world wars, the questioning of a Sikh’s turban never arose, however, in the last week not only has it caught much publicity but it has also attracted much negative reaction.  How can it be acceptable to let people observe their religions during a time when they are fighting to free a nation but, today - now that a certain guard, requests to wear his turban whilst on parade outside Buckingham Palace it attracts a negative reaction.  Does one Sikh soldier who is fighting to for your country break your tradition by observing his religion? 

Whilst I appreciate the fact that Bhullar has been allowed to wear his turban instead of the bearskin, I reject the negative comments which have posted on numerous websites.  Do these people understand the commitment, bravery and loyalty Sikh soldiers have shown to freeing Britain.  Bhullar should be celebrated; his forefathers have contributed heavily to making Britain a free country.  They gave their lives for a country which was not theirs, for the Sikhs it did not matter that Britain was not their country as they observe selfless service for others and aim to protect others.   

In situations such as this, religion or religious observances should not be called into question especially where so many Sikhs have laid down their lives for Britain.  They should be respected as should their religious observances because they fought blindly to free the nation we today call Britain.

Simi Dhanjal
Volunteer Consultant
Refugee Council, London, UK 


Zemira Eli Natan
Executive Director
International Unity for Equality

Restore Hindu Temple Karachi HAF Urges By: Veerji Kolhi

Another Hindu temple has been demolished in Karachi, the commercial capital of Pakistan, and a Hindu lobbying group in the U.S. has asked Pakistan to immediately restore the temple to honor its commitments to the United Nations Human Rights Council.
Washington DC-based Hindu American Foundation in a statement Friday regretted that in the wake of Pakistan's recent election to the United Nations Human Rights Council, the international body tasked with the "promotion and protection of all human rights around the globe," a century-old Hindu temple was destroyed in Karachi.
The Hindu American Foundation (H.A.F.) formally wrote to the Pakistani government earlier Friday, imploring an immediate restoration of the demolished temple and protection of all minority religious sites in the country.
According to multiple news reports, the Shri Rama Pir Mandir, along with several nearby homes in the predominantly Hindu Doli Khata neighborhood of Karachi, was demolished by a private developer with the support of the police and Pakistani Army Rangers.

Hindu temple
The men in uniform also took away precious jewelry and priceless Hindu idols, according to Pakistan media reports.
The developer's actions rendered nearly 40 Hindu men, women, and children homeless, and reportedly resulted in the physical assault of a partially paralyzed Hindu man protecting the temple. Following the incident, the Pakistan Hindu Council, a representative body for the country's Hindu minority, organized large-scale protests throughout Karachi.
"It's tragically ironic that a country that violates the human rights and religious freedom of its Hindu and other religious minorities with impunity is allowed to serve on such a prestigious international body as the United Nations Human Rights Council," said Samir Kalra, Esq., HAF's Director and Senior Fellow for Human Rights. "The destruction of the Shri Rama Pir Mandir is only the latest example of Pakistan's deplorable human rights record."
The temple was destroyed despite a pending petition before the Sindh High Court requesting a stay on any attempts by the developer to demolish the temple. Furthermore, the Scheduled Caste Federation of Pakistan notes that the temple had previously been restored by the government itself in 2000, indicating that it was formally registered and accorded legal status.
Police officials, however, have completely denied the existence of any temple at the site, while the Military Lands and Cantonment Director has alleged that only homes were destroyed and that the temple was left untouched. These statements were in direct contrast to video footage and reports from human rights organizations, such as the Human Rights Commission of Pakistan (HRCP), confirming that the temple was in fact razed to the ground.
"Destroying Shri Rama Pir Mandir and displacing so many innocent Hindu families was an unjust and inhumane act, but denying that the temple was ever destroyed or even existed in the first place is beyond shameful," said Jay Kansara, HAF's Washington, D.C. based Associate Director. "Such statements coming from Pakistani officials only serve to further reinforce the inferior status of Hindus in Pakistan."
The place where the temple stood is still called Guru Mandir because of the temple.
According to the Hindustan Times, (East) Punjab chief minister Parkash Singh Badalon Friday appealed to Prime Minister Manmohan Singh to immediately take up the issue with the Pakistan government.
Sindhi Hindu businessmen and bureaucrats held sway over Karachi prior to the 1947 partition holocaust, when the city used to be a Paris of the East. Only a handful of old Muslim families including this scribe's grandfathers, Gabols, Haroons. Gazdar, Alvis, along with Talpurs, Soomros, Bhuttos from interior Sindh and Parsi philanthropists called the political shots in the secular city.
Before the 1947 tragedy, Karachi also had a Jewish council member Abraham Reuben, a historic graveyard where Jews were buried and a Jewish synagogue. Muslim vandals destroyed the synagogue after the first Israel-Arab war.
The Baloch with a population of 280,000 in a city of 400,000, held the city's street and muscle power. But the city's demography was totally changed in the wake of the 1947 partition when the poorest sections of Muslim population from India came to Pakistan in search of greener pastures.
Wanton destruction of Hindu temples in Karachi has taken place in the name of Islam ever since the creation of Pakistan, forcing even those Hindus who braved the 1947 partition holocaust to flee to India.
Over the centuries Muslim invaders killed 80 million Hindus and destroyed thousands of Hindu temples all over India and Pakistan.
Human rights groups accuse Pakistan of practicing religious apartheid against minorities including Hindus, Christians, and Ahmadis. The country had a minority of population of 15 percent even after the mass exodus of Hindus to India, but that population has now shrunk to less than three percent.
The demolished temple is situated just a few blocks from the old Karachi family home of Pakistan ambassador to the United States, Sherry Rehman, who claims to be liberal and secular.

http://www.examiner.com/article/restore-hindu-temple-karachi-haf-urges-pakistan


Veerji Kolhi
Social Activist
President, Progressive Hindu Alliance

Human Rights from the Sikh Perspective

 

Simi Dhanjal
Refugee Council

  

Simi Dhanjal is an experienced patriot for Human Rights.  Her experience speaks for itself.  Simi  is a member of the Sikh community  who have historically and with great bravery fought for their rights against a dominant society.  Sikhs have a proud history  dating  back for centuries  they have been oppressed and have been treated with prejudice by many in this world.  Sikhs are often accused of being something which they are not simply because of their manner of dress.  This has occurred in the USA and it has occurred in parts of Europe.  In this unique opportunity, Simi Dhanjal, an activist for Human Rights and a volunteer advisor for the Refugee Council in London, UK  takes us into a world that many have never heard about or have ever seen.  It is an honor and privilege to have the opportunity to take a look into that world and understand an experience that is not only shared by the rest of the world's great religions and ethnic groups.

 

1. Can you explain your involvement in Human Rights and how you got started?

I have been brought up in a Sikh family who educated me on the core principles of Sikhism - and the oppression of Sikhs during the Mughal rule and how Sikhs stood up to the oppression of not only their own people but for the safety of other groups who were oppressed at that time. I believe the Sikhism and human rights are quite closely linked so my involvement in human rights started a long time ago. However, I really began to learn about the core rights under law when I began studying my undergraduate degree in law. As my interest developed, I decided to do a masters specialising in human rights law.

2. How much effort have you made advocating for the rights of Sikhs in Muslim controlled areas? Have you been successful in those efforts?

As I am in the very early stages of being involved in the human rights sector I believe I have not made any significant contribution to advocating the rights of Sikhs. However, I do try to campaign and spread the word of injustice through social media to raise awareness, for example when a group of Sikhs were held in Dubai without trial and their religious articles where destroyed and hair cut I made a big effort to ask people to sing a petition to allow them trial and have translators that spoke Punjabi as opposed to Urdu or Hindi as they did not wholly understand those languages.

3. A petition is currently being circulated to present to the UN combating the Blasphemy Law that is in place in Pakistan and other Muslim Nations. What are your thoughts on how effective that petition will be ? Do you think the UN will listen and take action?

The petition is a great idea. I do think that if enough pressure is put on the UN and a conscious effort is made to shed light on the reality of the impact of the Blasphemy laws, then there will be a positive outcome. With anything, be it that we are only a drop in the ocean, we do have the power to change what is going on if we believe in our mission.

4. How are Sikhs generally treated in Muslim controlled lands?

Although there is a history of the oppression of the Sikh people by Muslims, I believe that when the Sikh Pogroms took place in India in 1984 many Sikhs living in places such as Pakistan felt that they were much safer. In Pakistan Sikhs are also recognised as a religious minority group, as opposed to in India where they are recognised as a sect of Hinduism. However, more recently there have been some horrific incidents against the Sikhs in Pakistan, Afghanistan and in the Middle East which leads me to believe that Sikhs are not safe in areas controlled by Muslim or Taliban groups. Sikhs have been forced to convert and been murdered when they did not, on one occasion two Sikh boys heads were cut of and they were thrown into a Gurdwara, sometimes Sikhs are captured and high ransom is demanded and when their families are unable to pay it they are murdered. Sikhs in Afghanistan are quite often unable to cremate bodies of their deceased family and have to go out towards the borders to do this. The above is only a small snapshot of how Sikhs have been treated in Muslim controlled lands.

5. What efforts have the Sikh communities made to combat violation of their basic rights by Muslims?

I believe that Sikh’s in Muslim controlled areas in Pakistan or Afghanistan and even much more of the Middle East have not been able to do much about their situations because they are a minority and therefore do not have standing. What has been done though is help from organisations such as United Sikhs and Khalsa Aid has been given and also the British Red Cross as well as amnesty has documented violations which have occurred. Various governments have also tried to intervene or bring the situations to light but when a minority group is oppressed it is very difficult for members to stand up without having them put at risk.

6. What, in your opinion, is the solution to the problem of Religious Extremism?

Religious extremism can only be overcome if we promote an understanding of the different religious groups that exist and how they co - exist in other societies and countries
The only way it can be eradicated is through education and learning about what unites cultures rather than what divides them. Extremism is something which is irrational and has not logical reasoning … the fact that people can be discriminated against because they believe or do not believe the same as another religious sect and are therefore oppressed shows that the religions oppressing minority groups still fear what they do not understand.

7. What, in your opinion can the International communities do to effectively secure peace and freedom for all?

Education. Universal education is needed. Only through education can people begin to understand different walks of life.

8. Are Sikhs happy with their current state of affairs in Muslim controlled areas?
I do not believe that they are happy. I know that at the time at which the 1984 Sikh Pogrom's occurred in India, Sikhs outside India perhaps thought they were fortunate enough to not live through such atrocities. However, not just Sikhs but other minority groups cannot ever have an adequate standing in Muslim controlled areas, they may in parts but ones that are controlled by extremists pose a big problem for minority groups.

9. How do Sikhs envision a good international society?

Sikhism can be summed up very easily. Equality for all, being a good person, and earning and honest living. I cannot speak on behalf of all Sikhs but these three things can help to build a diverse accepting a caring society. Sikhs have never imposed unreasonable requests on the governments of countries they have migrated too, and for that reason they have been extremely respected for example they are heavily remembered in remembrance events in Canada and the UK because selfless service is inherent in Sikhism.

10. What do you think the future holds for the Sikh communities affected by violations of their basic Human Rights?

I believe that organisations such as NGO’s can help to promote an understanding of world religions and cultures. The bleak reality is that where you may at times be outnumbered it is harder to get justice but Sikhs have been known for standing up to injustice and that is a core theme in Sikhism but of course at times when people do stand up and be counted it can ultimately lead to costing them their life.


Zemira Eli Natan
Executive Director
International Unity for Equality

 

 

 

A Light from India in Support of Israel

Israel has faced some difficult times these past weeks.  The constant barrage of rockets coming into the south of Israel for 8 days and having to be forced to accept a cease fire in a situation that no other country would have to, the UN granting Obsever State status and then giving PA the upgrade to full status as a state.  Indeed these were challenging issues for Israel to confront.  138 states voted against Israel.  9 states supported Israel.  India's government did not stand by Israel, but we know that Israel  is loved by the true India.  We see this expression of love and support  in a March held at the India Gate in New Delhi led by Tajinder Pal Singh Bagga and Bhagat Singh Kranti Sena.  This was such a heartfelt and moving display of support unparalleled  by any other group.  This March was organized at great risk to all the participants.  We are so proud of them for taking a stand!  They stood up in the face of adversity and they refused to remain silent!  International Unity for Equality salutes you all in this great effort for the sake of Humanity.  Here are some great shots taken of the march and also the Press Conference that has taken place:

Zemira Eli Natan
Executive Director
International Unit for Equality