Columnists
Blind Justice ... Or One-Eyed? The Case of Balwant Singh
by T. SHER SINGH
It’s a dilemma faced by ordinary citizens throughout history: what does the citizenry do if the state turns to tyranny, subverting the very laws it is obliged to uphold, and uses the very same apparatus to conduct its crimes which had been put into place to protect the citizens from excesses by the state?
Mohandas Gandhi spelled out his credo: it is then incumbent on ordinary citizens to break the law, but the trick is in then submitting yourself to the application of the very same law and shaming the state.
Indians have whole-heartedly approved of this principle both during the independence struggle and after it. Some, however, have rejected Mohandas’ claim that one should submit to tyranny ad nauseum, even if it obliterates you.
Guru Gobind Singh’s dictum upheld human dignity and required each man and woman to hold the tyrant accountable: “Once all peaceful means have been exhausted and have proved futile, then it is right to put your hand on the hilt of the sword.” [Zafarnama]
In 1931, Bhagat Singh publicly executed British Police officer John Saunders for the latter’s excesses against law-abiding citizens. In court, Bhagat Singh bravely admitted his actions and explained why he did what he had to do.
Udham Singh did just that when he publicly executed Michael O’Dwyer in London in 1940 for the latter’s role as Governor of Punjab in the Jallianwala Bagh Massacre in Amritsar in 1919. In court, he too proudly admitted his actions and explained why he had resorted to them.
Both Bhagat Singh and Udham Singh are hailed as national heroes by both state and the citizenry in India today.
When Indira Gandhi began misusing her position as prime minister and committing crimes against humanity, she too was publicly executed by members of India’s elite security force which was sworn to protect its constitution. The executioners - now hailed by millions of Indians as heroes - immediately surrendered to the law, explaining that they had merely done what they had to do under the circumstances.
* * * * *
Beant Singh was Chief Minister of Punjab between 1992 and 1995. He belonged to Congress, the party of Indira Gandhi and Rajiv Gandhi, and it was under his tenure and orders that an epidemic of extra-judicial murders of Sikh youth took place in the state. Tens of thousands of innocent young men disappeared, never to be seen again.
Beant Singh met his death at the hands of citizens who, frustrated by the public's total inability to get the authorities to deal with the outrages, decided that enough was enough.
Here’s the saga of one of the accused who was handed a death sentence as punishment for Beant Singh's execution and is now scheduled to be hanged on March 31, 2012 in Patiala, Punjab. Chandigarh’s Tribune carried a report yesterday by journalist Saurabh Malik who witnessed Balwant Singh's day in court on December 25, 1997. Here are some extracts:
The trial was about to begin in the makeshift courtroom in the jail ...
... silence descended on the makeshift courtroom as Balwant Singh said: “Judge sahib, mein kuchh kahna chanda han (I want to say something).”
Balwant Singh then went ahead to confess his hand in the killing and said he had no regrets. He had his own reasons - he believed the then Chief Minister was involved in anti-Sikh activities.
It is significant that Balwant Singh did not defend himself at trial. Nor did he appeal his death sentence, citing his lack of confidence in the Indian judicial system.
It appears Balwant Singh has followed his conscience to the very end.
But here are the issues facing India and Indians today:
There has been a moratorium on death sentences for the last 24 years, with the last hanging in Punjab carried out on June 16, 1989.
So, is the moratorium against death sentences being ignored because ...?
Because he is a Sikh?
Because he is fighting against state-sponsored crimes?
Because the 'victim' was a Congress Party minion?
While the executioners of a Congress Party member are being meted out fast-track “justice”, cases against Congress party leaders who participated in mass-murders in 1984 against tens of thousands of innocent Sikhs are still being dragged, obfuscated and dismissed … even though 28 years have passed.
On the other hand, Kishori Lal, a Hindu known as “The Butcher of Delhi“ for his role in the 1984 massacres - one of a mere handful who actually got to trial and faced the law - had been sentenced to death by the Delhi High Court. His sentence was subsequently converted to life imprisonment by India’s Supreme Court.
Last month, Delhi’s Hindu bureaucrats allowed Kishori Lal to walk out of prison a free man even though only a fraction of his prison sentence had been served! No valid explanation was offered.
While the world awaits Balwant Singh’s fate at the end of this month, one can only marvel at India’s confidence that its excesses will have no consequences.
March 19, 2012
Conversation about this article
1: Raj Mahal (U.S.A.), March 19, 2012, 12:21 PM.
So what else is new here? Centuries ago, the Sikhs were still provided with one-eyed justice - to use your words. There were innumerable Sikhs who were killed in various encounters, battlefields and then at the hands of rulers - hanged, burnt alive, boiled alive, beheaded, put on racks, their kids were killed and moms had to wear their kids body parts as necklaces. Today we have another phase of injustice. After so many centuries and political changes what have we learnt yet? That we are peaceful? We gladly accept any punishment meted out to us and what ever may happen we'll write a few paragraphs, poems, songs and then keep on repeating these for ever till the next Sikh is hanged. Guru Gobind Singh assured us that it was our right to pick up the sword when all other peaceful means have been exhausted. We do know for sure that other peaceful means have been exhausted. The only question is: when will we realize it? When will we pick up the sword? Which pundit are we waiting for? Despite these centuries, are we going to improve our lot or will we keep reading and writing comments?
2: I. Singh (Chelmsford, MA, U.S.A.), March 19, 2012, 6:48 PM.
Pertinent questions raised by T. Sher Singh. @Raj Mahal - arming ourselves and using those arms for justice and protection of rights when all means have failed is a Guru-given lesson and right as you note. Remember also that according to certain interpretations, the sword is also a metaphor for the tongue whose words are written with the pen. So penning the stories of our shaheeds, engaging in dialogue about their lives, and writing poetry in their praise keeps the sword of Guru Nanak Gobind Singh flashing. If it is not written it will not be read, if it is not read it will not touch the heart, and if it does not touch the heart it will not turn to action. All are necessary.
3: Harman Singh (California, U.S.A.), March 19, 2012, 8:33 PM.
"Jerree quom nu sirr deney di jaach aa jaaye, au kaddi mitt nahi sakdi." Balwant Singh is showing us how it is done. We have to acknowledge and honour our shaheeds, before we can become like them.
4: G.C. Singh (U.S.A.), March 20, 2012, 12:22 AM.
The protests, petitions, pleas for justice, equality and fairness are exercises in futility and will NEVER stop the tortures, executions, judicial and extra-judicial killings and government sponsored massacres of Sikhs. The only solution is to strive for effective levers of political, economic and military power in our own hands.
5: Ravinder Singh (U.S.A.), March 22, 2012, 12:14 AM.
I've come to the belief that there is no option but to take a stand and demand our own country where we can represent ourselves on a global stage and resolve the issues we face globally. India isn't a long term solution for the Sikhs, there is no benefit in remaining a part of the Indian union. All they've done is subjugate, rape and pillage, and commit a genocide of our people.
6: Gurmukh Singh (London, United Kingdom), March 22, 2012, 7:31 AM.
Brilliant opening lines, S. T Sher Singh ji! The oppressed citizen is compelled, and even feels duty-bound by his loyalty to the country and fellow citizens, to break the laws which are meant to protect him, but are in fact being used by the state to terrorize him. He then submits himself to "the application of the very same law" and shames the state before the national and international community! And so the true saint-warrior martyr strikes back twice at state terrorism! You have given outstanding examples from history. Most regrettable that such martyrdoms are then politicised and exploited by organisations which, otherwise, mark time by shouting empty slogans until the next wake-up call by a saint-soldier martyr. In fact, very few of these true warriors for justice have any organisational, jathebandi or dera attachments.
7: N.Singh (Canada), March 22, 2012, 9:18 PM.
There is an online petition for all to sign: http://www.change.org/petitions/government-of-india-stop-the-execution-of-s-balwant-singh-rajoana?utm_medium=facebook&utm_source=share_petition&utm_term=friends_wall
8: N. Singh (Canada), March 22, 2012, 9:41 PM.
Also: Balwant Singh has called all Sikhs to fly Kesri flags on March 31, 2012. Please tell your friends and family to fly the flag from their dorm rooms, homes, apartments, businesses and offices. Share your pictures on the internet and social media so that we take strength from one another. We are NOT a minority; we are a nation.
9: Jagjit Singh (Delhi, India), April 03, 2012, 5:53 PM.
Balwant Singh is a true warrior displaying divine commitment. It is united today only in its corruption ... the Gurus stood for all mankind and the life of a sant-sipahi is exemplified in Balwant Singh.