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We too have a dream
Document
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Every 26th January is a day for Sikhs to reflect upon
the years gone by. Many among the Sikhs feel that the last many
decades have been teasing times. Though of late there are Sikh
faces to be seen in the Indian landscape, for a very long time,
India has taunted the Sikhs a great deal in every sphere of
life, affecting their life, ideals and goals. |
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 The
founding fathers of the Indian constitution touted it as a
sacrosanct document to be religiously followed by all in letter and
spirit. A glance at the huge volume shows that it has reasonable
language but the implementation of the clauses has invariably
followed the whims and fancies of the political parties dominating
the life of the people of this country.
Every 26th
January is a day for Sikhs to reflect upon the years gone by. The
last many decades have been teasing times. India
has taunted the Sikhs a great deal in every sphere of life,
affecting their life, ideals and goals.
The Sikh nation
believes that the Indian constitution has failed the Sikh people.
India
uses the best democratic ideals and institutions, including the
constitution to scuttle our religious, social and political
aspirations.
 More than a
century ago, in his historic “I have a dream” speech, black civil
rights activist, Martin Luther King said, “When the architects of
our republic wrote the magnificent words of the Constitution and the
Declaration of
Independence,
they were signing a promissory note to which every American was to
fall heir. This note was a promise that all men, yes, black men as
well as white men, would be guaranteed the "unalienable Rights" of
"Life,
Liberty
and the pursuit of Happiness. It is obvious today that
America
has defaulted on this promissory note, insofar as her citizens of
color are concerned. Instead of honoring this sacred obligation,
America
has given the Negro people a bad check, a check which has come back
marked "insufficient funds."
 What was then
true for the black community in U.S.A, is more than true for the
Sikhs in
India.
The situation is exactly similar. The intellectual and legal jargon
of the Indian constitution failed the Sikhs, ab initio. Soon
after it was ready, the Sikh members of the Constituent Assembly,
sensed the injustice and proclaimed, “The Sikhs do not accept
this constitution. The Sikhs reject this constitution.” Even
the leaders of the Shiromani Akali Dal, who are in power today in
Punjab have spent years in prison for protesting anti-Sikh
provisions of the constitution. The rationale for such rejection
persists. All precepts of democracy including liberty, freedom of
speech, right to dissent exist in this constitution, but in reality
the cheque bounces. Again and again. The funds are not insufficient
but the intention is malafide.
 Clearly,
the Indian constitution is a constitution of convenience. The
provisions of the constitution have been used, misused and not used
to suit the expedient needs of the Indian state from time to time.
Let us take some
instances. The Indian constitution proclaims the right to life but
via the 59th amendment, this right was suspended for the
residents of Punjab, till the amendment was repealed.
At one point,
India’s
first Prime Minister, Jawaharlal Nehru, conveniently accepted the
right to self-determination, including the right to secede. In a
speech broadcast on
3rd June 1947,
(quoted in The Transfer of Power 1942-1947, edited by Nicholas
Mansergh, Litt. Vol.XI pg. 94, published by Her Majesty's Stationery
Office,
London), he said:
"You have just heard an announcement on behalf of the British
government. This announcement lays down a procedure for
self-determination in certain areas of
India.
It envisages on the one hand the possibility of these areas seceding
from and on the other it promises a big advance towards complete
independence."
….."The
proposal to allow certain parts to secede, if they so will, is
painful for any of us to contemplate. Nevertheless, I am convinced
that our present decision is the right one even from the larger
viewpoint."
 Indeed,
political chicanery and expediency is vividly transparent in the
matter of fact speech of Pandit Nehru. The constitution guarantees
freedom of expression, which includes freedom to dissent, but the
moment anyone vehemently criticizes the government and seeks the
right to self-determination, the fundamental rights of such
individuals and organisations are curtailed. This has happened in
case of the Sikhs, Kashmiris and ethnic peoples of the North-east.
Article 25 of
the Indian constitution gives Sikhs the right to wear the Kirpan,
but Explanation II of Article 25(2)(b) clubs them as members of
another community. Sikhs have no personal laws --the birth,
marriage, adoption, death of a Sikh is in accordance with the law of
another religion.
The constitution
of India
does not define a minority, but has provisions for minorities. The
National Commission for Minorities Act delineates minority
communities to include Sikhs as well, but time and again, Indian
courts challenge this situation and jeopardize the scant resources
of such minorities including Sikhs.
While the whole
country was easily demarcated on linguistic lines, Punjab had to
struggle for it. Each state has its own capital, but Punjab shares
its capital with neighbouring Haryana (which too has been carved out
of Punjab territory) and this has been continuing for 40 long years.
 The constitution
guarantees right to speedy trial, but like Sikhs, members of other
ethnic nationalities like Kashmiris, Nagas, Manipuris are
languishing in various prisons across the country awaiting the call
of justice. Confirmation of death sentence to members of ethnic
minorities engaged in the struggle for justice, again in violation
of constitutional law is another area of tainted and biased justice.
Right to food
and shelter is a basic right of the entire citizenry of the
country. This right which has been flouted with maximum impunity as
more than 30 percent of the population lives below the poverty line,
while the republic continues its anniversary celebrations.
Whenever it was
inconvenient to the Union government, the state government of Punjab
was suspended through indiscriminate use of Article 356 of the
Constitution as the constitution is unitary and not federal in
distribution of powers. In March 1953, when the Pepsu government
was indiscriminately suspended, Dr. Babasaheb Ambedkar –the author
of the Indian Constitution, while speaking in the Upper House of the
Indian parliament, agitatedly denuded and ridiculed the
constitution.
Punjab
has been deprived of its land and water rights, in violation of
constitutional provisions. The constitution has different sets of
laws for different states. Provisions of the Punjab Reorganisaion
Act, 1966, in so far as water rights of
Punjab
are concerned, are a flagrant violation of the Indian constitution.
Waters is a state subject for all states except
Punjab.
Nothing can be more blatant than this.
 This was some
time ago. Just a few days back, in broad daylight, in front of the
whole world, right under the nose of its citizens and the fourth
estate, the Mohali International Airport turned turtle to become the
Chandigarh International Airport and Haryana became a partner under
duress of the Union government. The claim of Haryana to river waters
of Punjab, Punjabi-speaking areas, Chandigarh and the Punjab and
Haryana High court is based on unconstitutional amendments and
illegal provisions of the Punjab Reorganisaion Act.
The Punjab
government has knocked the doors of the Supreme Court of India for
adjudication of sections 74-76 of the Punjab Reorganisation Act, as
they violate constitutional law. It is indeed surprising and
shocking that this case has come up before the apex court a number
of times and because of political compulsions it has been withdrawn
too a number of times. Our concern is that even the highest court
has chosen to ignore the dubious nature of such withdrawals without
going into the merits of the case as it does in even petty criminal
cases. Either by default or design, even the judiciary colluded,
sometimes with the plaintiff and sometimes with the respondent
against the interests of
Punjab.
 Actually, Punjab
should seek compensation and relinquishment of thousands of acres of
land as penalty in lieu of the land and waters of Punjab used by
Haryana, Himachal Pradesh and Rajasthan.
While it was
mandatory to review the working of the constitution once every ten
years, this exercise has been carefully and conveniently ignored. On
the rare occasions, when it has been carried out, the reports of the
Review Committees gather dust.
There is no
logical, political or even a far-fetched law and order argument to
explain the Disturbed Area tag of present day Punjab, thereby
depriving it of a huge chunk of financial grants and loans.
The litany of
grievances of Sikhs need not be recalled again in all its gory
detail, as there is no Indian politician, Punjab leader or concerned
citizen worth his name, who is unaware of this inglorious tale,
called the Punjab problem.
Of the
innumerable amendments to the constitution, not a single one can be
cited which was carried out to fulfill the aspirations of the
minorities, including Sikhs. However whenever basic rights are to
be frustrated, the minorities are the primary victims.
Do the Sikhs
complain too much?
Martin Luther
King alluded to this question in his historic speech. He said,
“There are those who are asking the devotees of civil rights, "When
will you be satisfied?" He makes a reply in the speech itself.
He says, “We can never be satisfied as long as the Negro is the
victim of the unspeakable horrors of police brutality. No, no, we
are not satisfied, and we will not be satisfied until justice rolls
down like waters, and righteousness like a mighty stream."
We are aware of
the accountability of Sikhs themselves for such Catch-22 situation.
Whether the Sikh leaders and masses have been tricked or deceived
into this or whether they foolishly bargained for this or may be
they did not have a vision to lead the Sikh nation, there is no
doubt that Sikhs will have to have to apportion a part of the blame
on themselves. However, this does not in any way reduce the guilt of
the Indian legislature, executive and the judiciary and the
constitution for failing the Sikhs.
The Sikhs need
to look within and elsewhere for new ideas, new plans and new
friendships. We too, have a dream.
This report is
largely adapted from the Teasing Times document released by Dal
Khalsa on the eve of the Indian Republic Day.
30 January 2008
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