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annual report print final.qxd - Asian Centre for Human Rights

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INDIA HUMAN RIGHTS REPORT 2005 Punjab<br />

The Dalits faced all <strong>for</strong>ms of<br />

discrimination from the denial of<br />

minimum wages to the denial of entry into<br />

temples, land grabbing and killings at the<br />

hands of the upper castes. Often police<br />

personnel are involved in the atrocities. On<br />

3 August 2004, two Dalits identified as<br />

Gurjant Singh and Harminder Singh were<br />

killed and 15 others were injured when a<br />

group of landlords opened indiscriminate<br />

firing on a basti (settlement) of the Dalits<br />

at Kamalpur village near Dirba in Sangrur<br />

district following a quarrel among the<br />

children of the Dalits and the landlords. 10<br />

Children also faced illegal detention<br />

and torture both at the hands of the police<br />

and the school teachers who routinely<br />

award corporal punishment. 11 Three minor<br />

children - Sonia (13), Suman (12) and<br />

Gagandeep (10), grandchildren of Atam<br />

Prakash of Raikot in Ludhiana district<br />

were allegedly detained illegally and<br />

treated inhumanly at Chheharta police<br />

station in Amritsar on 5 and 6 July 2004.<br />

Subsequent inquiries by the police found<br />

the allegations to be true.<br />

II. <strong>Human</strong> rights violations by law<br />

en<strong>for</strong>cement personnel<br />

i. Past crimes: Disappearances<br />

On 11 November 2004, National<br />

<strong>Human</strong> <strong>Rights</strong> Commission ordered the<br />

Punjab Government to pay compensation<br />

of Rs 2.72 crores to the kin of 109 persons<br />

who had died in custody of the police<br />

during the counter insurgency operations<br />

in the 1980s and the early 1990s. Giving<br />

its verdict on a batch of petitions referred<br />

to it by the Supreme Court <strong>for</strong> deciding the<br />

compensation issue, the NHRC said 25<br />

victims were detected by the CBI in<br />

Amritsar district, 54 in Majitha and 30 in<br />

Tarn Taran. 12 The NHRC however,<br />

declined to bring in its ambit all the<br />

“police killings” <strong>for</strong> inquiry and making<br />

public various CBI status <strong>report</strong>s<br />

regarding 2,097 cases referred to it by the<br />

Supreme Court <strong>for</strong> deciding the<br />

compensation aspect. 13<br />

The Supreme Court after examining<br />

the <strong>report</strong> submitted by Central Bureau of<br />

Investigation into the en<strong>for</strong>ced<br />

disappearances stated that “The <strong>report</strong><br />

indicates that 585 dead bodies were fully<br />

identified, 274 partially identified and<br />

1238 unidentified. Needless to say that the<br />

<strong>report</strong> discloses flagrant violation of<br />

human rights on a mass scale”.<br />

Hundreds of victims continue to be<br />

denied access of justice. Jagraj Singh, s/o<br />

Mohinder Singh, a resident of Mohali, was<br />

allegedly picked up by the police from<br />

Mohali in Ropar district on 14 January<br />

1995 but shown by police to have been<br />

killed in an encounter. In a telegram<br />

message to the High Court, Mohinder<br />

Singh had complained about the killing of<br />

his son, on the basis of which the Court<br />

issued notice to the Punjab police. But the<br />

authorities denied the allegations.<br />

Subsequently, the High Court had handed<br />

over the matter to the CBI and a case of<br />

kidnapping was registered. The CBI had<br />

filed an untraced <strong>report</strong>, saying the<br />

deceased was not arrested but killed in an<br />

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