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The ultimate resolution of the Punjab mass “It is horrifying to visualize that dead-bodies
cremations case will set precedent in India of large number of persons—allegedly
on the redress of mass state crimes. thousands—could be cremated by the police
unceremoniously with a label ‘unidentified’.”
* On November 18, 2005, a district court in Patiala convicted six Punjab police officials in Khalra’s 1995
abduction and/or murder.
Legal Proceedings Refusing to investigate a single cremation,
and thus never hearing any evidence
In 1995, the Committee for Information and from survivor families.
Initiative on Punjab (CIIP) moved the Su-
preme Court to demand a comprehensive Refusing to hold any officials accountable
inquiry into the mass cremations. The Su- for the violations, repeatedly stating in
preme Court ordered the Central Bureau its orders: “[W]e are not expressing any
of Investigation (CBI) to investigate these opinion about the culpability or other-
crimes. In December 1996, the Supreme wise of any police officer or officials,
Court referred the matter to the National Hu- nor shall we be understood to have ex-
man Rights Commission (NHRC), observing pressed any opinion about the respon-
that the CBI’s inquiry report disclosed “fla- sibility of any of the officials of the state
grant violations of human rights on a mass for the unlawful and unceremonious
scale”. The December 1996 report by the CBI cremations of the deceased, without fol-
showed 2,097 illegal cremations at three lowing the rules, conventions and the
cremation grounds of Amritsar district. How- humanitarian law.”
ever, this number does not accurately repre-
sent the total number of individuals illegally Refusing to apply international law to de-
cremated in Amritsar. Interviews with crema- velop criteria for reparations.
tion ground workers disclosed that multiple
Rejecting briefs and reports by international
people were often cremated with the fire-
groups. In its October 10, 2006 order,
wood normally required for completely burn-
the Commission attacked the credibil-
ing one body, and Khalra himself discussed
ity and report of Physicians for Human
over 6,000 cremations in Amritsar district.
Rights and Bellevue/NYU Program for
The Supreme Court appointed the NHRC as Survivors of Torture.
its sui generis body, with the powers of the
In its October 9, 2006 order, which effective-
Supreme Court under Article 32 to redress
ly closed the case, the NHRC compensated
fundamental violations of human rights, in
the Punjab mass cremations case. Unfor- the next of kin of 1,245 individuals for the
tunately, over the past ten years, the NHRC wrongful cremation of the decedent, where
ignored the fundamental rights violations the Punjab Police did not follow the rules
that had occurred throughout Punjab and for proper cremations. It also appointed a
shielded perpetrators from accountability. Commissioner for conducting an inquiry to
The Commission’s major failings in the Pun- identify the remaining 814 bodies under
jab mass cremations litigation include: its consideration, if possible, within eight
months. Thus, in ten years of litigation, the
Territorially restricting its mandate to three NHRC only found that the police had not fol-
crematoria in Amritsar district, ignoring lowed the rules, guidelines, and procedures
disappearances, extrajudicial execu- required before cremating 1,245 identified
tions, custodial deaths and illegal cre- decedents.
mations throughout Punjab.
When the Supreme Court designated the
Limiting its mandate to the narrow issue of NHRC as its body to investigate the human
the procedural correctness of the crema- rights violations raised by the Punjab mass
tions, ignoring the violations of the right cremations case, it also entrusted the CBI
to life and liberty. with investigations into the culpability of po-
The Commission refused “We don’t require any “He was just a boy. And
to investigate a single compensation. Even 50 lakhs, I want to know what
case, and thus never heard even a crore of rupees we they did with him. I
any evidence from survivor don’t require. We simply heard he was cremated
families. want justice and we want in Amritsar. Will the
those people to be punished… Commission listen to my
compensation is not a matter case or not?”
“A mockery has been of my child.”
made of the law.” —Darshan Kaur
—Gurcharan Singh Mother of victim
—Jaswant Singh Khalra Father of victim (pictured on cover)
lice officers. The CBI was ordered to submit provide comprehensive reparations for the
quarterly progress reports. Ten years later, damage caused by the violations, which in-
nothing is known of these investigations and cludes: restitution, compensation, rehabili-
whether there have been any prosecutions. tation, and satisfaction and guarantees of
non-recurrence. The satisfaction and guaran-
The conclusion of the matter in front of the tees of non-repetition include, among other
NHRC is the culmination of a decade of deni-
initiatives: full public disclosure of the truth
als and refusals to acknowledge the suffer-
and investigation of the facts; the search for
ing of the families of the disappeared and
bodies of the killed and disappeared; public
the widespread and systematic violations of
acknowledgment of the abuses and accep-
the rights to life and liberty. The state pro-
tance of State responsibility; and judicial or
moted the perpetrators who organized and
administrative sanctions against the perpe-
committed the crimes, rather than punish-
ing them. The counter-insurgency strategies trators. Further, reparation is premised on
employed in Punjab continue to be executed the principle of non-discrimination, where all
in all corners of the country. The NHRC’s victims who have suffered like violations re-
refusal to investigate the disappearances ceive like reparations. The reparations prin-
amounts to a sanction of these practices and ciples were developed in consultation with
betrays India’s claim to be the world’s larg- victim groups.
est democracy.
The National Human Rights Commission has
The Supreme Court retains seisin over the failed to provide an effective remedy equally
Punjab mass cremations case, and its ulti- before the law by refusing to investigate ex-
mate resolution will occur there. trajudicial executions, custodial deaths, and
disappearances throughout Punjab, shield-
ing perpetrators from accountability, and
awarding arbitrary compensation amounts
International Human without reference to the full spectrum of
Rights rights violations and other components of
reparations.
International law establishes that enforced
or involuntary disappearances are grave International human rights groups have in-
human rights abuses that violate the right tervened in the Punjab mass cremations
to be free from arbitrary arrest, the right to case because of its significance in measur-
be free from cruel and inhuman treatment, ing India’s fulfillment of its obligations under
the right to liberty, and the right to life, all international law.
of which are rights also guaranteed by the
Indian Constitution. International law further Examples include:
obligates States to investigate each disap-
A legal brief submitted by Human Rights
pearance, custodial death and extrajudicial
Watch and Harvard Law Student Advo-
execution and provide an effective remedy to
cates for Human Rights in December
those whose rights have been violated.
2003, demonstrating India’s obligation
A victim’s right to an effective remedy im- under international law to investigate all
poses an obligation on the state to under- allegations of disappearances in Punjab,
take investigations to identify and prosecute and secondly, to allow circumstantial and
the perpetrators of human rights violations. testimonial evidence to be admitted and
The responsible state is further obligated to weighed in cases of disappearance.
For a detailed background to the Punjab Ensaaf means justice in many South Asian
Mass Cremations Case, as well as links to languages. Ensaaf works to end impunity
major orders, please visit: and achieve justice for mass state crimes
http://www.ensaaf.org/docs/nhrc.php. in Punjab, India by documenting and
exposing human rights violations, bringing
For further documents on the human rights perpetrators to justice, and organizing
violations in Punjab, including Reduced to survivors to advocate for their rights.
Ashes, the amicus brief by Harvard Law
Student Advocates for Human Rights and Ensaaf works in partnership with the
Human Rights Watch, and reports on the petitioner Committee for Information and
Punjab Mass Cremations Case, please visit Initiative on Punjab to litigate the Punjab
Ensaaf’s online library at: mass cremations case and organize
http://www.ensaaf.org/info/. advocacy.
iensw&