By Sujoy Dhar
Oct 29, 2007
IPS

BRUSSELS — On March 23, 1931, an Indian Sikh named Bhagat Singh attained mar­tyr­dom when he was hanged by the British for his role in the mil­i­tant free­dom strug­gle against the colo­nial rulers.

About 75 years lat­er, Professor Jagmohan Singh, a nephew of the lib­er­a­tion hero, preach­es peace and mer­cy as he joins a world­wide cam­paign, espe­cial­ly in Europe, by his Sikh com­mu­ni­ty against death penal­ty.

The life and work of Indian free­dom fight­er Bhagat Singh and his death by hang­ing in Lahore (now Pakistan) at the hands of British impe­ri­al­ism has been a great saga of patri­o­tism for gen­er­a­tions of Indians.

But while Bhagat Singh trod a path of vio­lence to achieve free­dom, his Sikh com­mu­ni­ty, though known as a coura­geous war­rior race, today believes more in the non-vio­lence preach­ing of Mahatma Gandhi, the man who brought India inde­pen­dence from British rule by peace­ful non-coop­er­a­tion. Gandhi was vocal against death penal­ty, say­ing: An eye for an eye makes the whole world blind.”

We wish to argue that our coun­try can hon­our Mahatma Gandhi, the apos­tle of peace and non-vio­lence and (the) mar­tyr Bhagat Singh by doing away with the death penal­ty alto­geth­er,” says Professor Singh, a Sikh politi­cian, and in the fore­front of the cur­rent cam­paign.

A civ­il soci­ety should not descend to the sta­tus of mur­der­ers by pre­fer­ring revenge over far bet­ter forms of jus­tice. All inves­ti­ga­tions, how­ev­er metic­u­lous, are sub­ject to human error. Such errors become irre­versible in a case where the death penal­ty is imposed. All over the world, there have been cas­es of exe­cut­ed peo­ple being proved inno­cent after their death.”

Since ear­ly 2006, Sikhs in France have joined the cam­paign, organ­is­ing protests and lodg­ing peti­tions with the Indian embassy in Paris express­ing their oppo­si­tion to the death penal­ty. They are also call­ing for release of all Sikhs they claim have been jailed unjust­ly” for polit­i­cal rea­sons in India. In August 2007, a Europe-wide protest by Sikhs call­ing for an end to the death penal­ty in India com­menced in Brussels out­side the European Commission head­quar­ters and the European Parliament build­ing.

The Sikhs then urged European Parliament pres­i­dent Hans-Gert Poettering and the EC Commissioner for External Relations Benita Ferrero-Waldner to link future trade with India with abo­li­tion of the death penal­ty and respect for the rights of minori­ties, such as the Sikhs.

The EU is India’s largest trad­ing part­ner, respon­si­ble for about 25 per­cent of its exports.

Although India’s high­est courts have ruled that the death penal­ty can only be applied in the rarest of rare” cas­es, there are believed to be as many as 700 peo­ple on the death row in India await­ing exe­cu­tion. Last July, death sen­tences were hand­ed down to six con­vict­ed of involve­ment in the 1993 ser­i­al blasts in Mumbai, India’s finan­cial cap­i­tal.

The EU did lob­by strong­ly, but unsuc­cess­ful­ly, before the exe­cu­tion of Dhanonjoy Chaterjee on Aug. 14, 2004. This was India’s last exe­cu­tion, and end­ed a nine-year-long mora­to­ri­um on exe­cu­tions in India.

Bhai Amrik Singh, chair of the Sikh Federation (UK) com­ments: The end­ing of the mora­to­ri­um was a back­ward and ret­ro­grade step by the Indian regime, and a show of defi­ance to the EU.”

The cur­rent cam­paign­ing in Europe is high­light­ing the case of Professor Davinderpal Singh Bhullar where Germany, a promi­nent EU mem­ber, is direct­ly involved.

The Bhullar affair is one of the most con­tro­ver­sial and high pro­file death penal­ty cas­es in recent Indian his­to­ry. Almost 12 years ago, Bhullar, a Sikh polit­i­cal activist, was deport­ed from Germany to India on the basis that he had noth­ing to fear on his return.

But Bhullar was arrest­ed imme­di­ate­ly he land­ed in Delhi. In prison he was alleged­ly tor­tured to obtain a false con­fes­sion, and in 2001 he was sen­tenced to death by hang­ing for a crime he alleged­ly did not com­mit. Sikhs say Germany’s depor­ta­tion of Bhullar to a coun­try still retain­ing the death penal­ty was a vio­la­tion of the European Convention on Human Rights.

The lat­est death sen­tences to be hand­ed down by Indian courts were on Jul. 30. Jagtar Singh and Balwant Singh, both Sikhs, were con­vict­ed of the August 1995 assas­si­na­tion of then Punjab chief min­is­ter Beant Singh and 17 oth­ers. The sen­tences trig­gered world­wide Sikh protest, includ­ing lead­ing fig­ures in the com­mu­ni­ty in the Punjab province of India.

The European Commission, European Parliament and Council of the European Union are now being urged to press for the death sen­tences to be lift­ed. According to Professor Jagmohan Singh, in a coun­try like India, where there is a huge gap between the priv­i­leged and the dis­pos­sessed, the death penal­ty becomes the final method for imple­ment­ing class injus­tice.

A cur­so­ry glance at the list of all those exe­cut­ed in our coun­try will reveal that almost all of them were poor. The rich are rarely found guilty, and even if they are, they are rarely exe­cut­ed.

There is no inter­na­tion­al evi­dence to sug­gest that the death penal­ty is a deter­rent to vio­lent and heinous crime. Countries like Britain that did away with the death penal­ty did not see a rise in such crimes, while coun­tries like the U.S., which con­tin­ue to impose the penal­ty, show no decline,” Jagmohan Singh says.

To under­line that the cur­rent anti-death penal­ty cam­paign is not only about Sikhs on the death row, Singh also calls for the spar­ing of anoth­er high-pro­file death row inmate in India, the alleged ter­ror­ist Mohammed Afzal, also known as Afzal Guru, a Muslim from India’s trou­ble-torn state of Jammu and Kashmir.

Afzal was con­vict­ed of con­spir­a­cy in the December 2001 attack on the Indian Parliament. In 2004, he was sen­tenced to death by the Supreme Court of India, but his sen­tence was stayed after his fam­i­ly filed a mer­cy peti­tion to the President of India.

If Afzal is a ter­ror­ist today, he was sure­ly not born one. And he need not die one. Circumstances made him what he is. And cir­cum­stances may change him. The death penal­ty will change no one. Far from being a deter­rent, mar­tyr­dom, as some will sure­ly per­ceive his death, can only achieve the oppo­site effect,” says Singh.

He adds: I believe that the Sikh eth­i­cal approach of com­pas­sion, for­give­ness and scope for ref­or­ma­tion of one’s life is a pre­req­ui­site for a pro­gres­sive civ­il soci­ety. It is sig­nif­i­cant to men­tion that Maharaja Ranjit Singh, the famous Indian Sikh ruler, in his 40-year-reign (1799 – 1839) did not use the death penal­ty, even in cas­es where he was the sub­ject of attack. It is high time we end this inhu­man prac­tice.” (END/​2007)