Punjab Mass Cremations Case - Justice Delayed
After the Punjab police abducted and murdered human rights defender Jaswant Singh Khalra, the Supreme Court ordered India's Central Bureau of Investigation (CBI) to further examine the evidence of secret cremations unearthed by Khalra. In December 1996, the CBI's report revealed that 2,097 illegal cremations had taken place in the Amritsar district of Punjab (later amended to 2,059).

The Supreme Court then ordered India's National Human Rights Commission (NHRC) to investigate the matter, giving the Commission full constitutional powers to redress fundamental human rights violations implicated by the mass cremations. However, over the past 12 years of proceedings, the NHRC has failed to apply both Indian and international human rights standards to the violations committed by Indian security forces.

First, the Commission self-restricted its scope to the three crematoria in Amritsar district initially investigated by Jaswant Singh Khalra, turning a blind eye to the human rights violations committed throughout the state. Moreover, the Commission has refused to address the crimes leading to the secret cremations (such as illegal killings and disappearances), or identify the officials responsible for these crimes. In fact, the NHRC works closely with officials of the Punjab police in gathering evidence, which represents a grave conflict of interest and weakens the credibility of the Commission.

Additionally, the Supreme Court ordered the Central Bureau of Investigation (CBI) to prosecute those responsible for what it termed "a flagrant violation of human rights on a mass scale." Despite this mandate, the CBI has failed to successfully prosecute a single official for any of the 2,059 secret cremations.

In October 2006, the NHRC compensated the next of kin of 1,051 individuals for the wrongful cremations of their loved ones. They compensated another 194 individuals in cases where the Punjab police admitted custody of an individual prior to the cremation. Even in these 194 cases, however, the NHRC did not connect the custody with the cremations, or otherwise establish that the police may have killed these individuals.

At this time, the NHRC also created the Bhalla Commisson, a sub-commission, to identify the remaining cremation victims. The sub-commission submitted its final report in mid-2007, identifying 90 additional cremations. In March 2008, the NHRC responded by creating another sub-commission, and acknowledged major flaws in the Bhalla Commission's process.

Ultimately, the Indian Supreme Court maintains control over the Punjab mass cremations case, and its resolution will occur there.

For more information about the Punjab mass cremations case, including case updates, multimedia, and legal analyses, visit www.ensaaf.org/programs/legal/pmc.