India
January 29, 2009 – As Indians continue to debate institutional
reform of their security forces in the wake of last year’s
Mumbai attacks, HRDAG has issued a groundbreaking report about the
human cost of suspending the rule of law during a violent counterinsurgency
campaign in the Indian state of Punjab. Together with our partner
Ensaaf, HRDAG
has released findings that cast substantial doubt on the Indian
government’s past explanations and justifications for disappearances
and extrajudicial killings during the height of the Punjab counterinsurgency
in the early 1990s. These findings contribute to an increasing body
of knowledge that informs policy questions about the accountability
of Indian security forces for past human rights violations.

Front cover of the report, “Violent
Deaths and Enforced Disappearances During the Counterinsurgency
in Punjab, India”
The report by HRDAG and Ensaaf, “Violent Deaths
and Enforced Disappearances During the Counterinsurgency in Punjab,
India,” (2.9
MB PDF with cover; 504
KB PDF without cover) presents verifiable quantitative findings
on mass disappearances and extrajudicial executions in Punjab, contradicting
the Indian government’s portrayal of the Punjab counterinsurgency
as a successful and “humane” campaign. These empirical
findings suggest that the intensification of counterinsurgency operations
in Punjab in the early 1990s was accompanied by a shift in state
violence from targeted lethal human rights violations to systematic
enforced disappearances and extrajudicial executions, accompanied
by mass “illegal cremations.”

A man shows photos
of his sons who were disappeared during the Indian government's
counterinsurgency campaign in Punjab.
Indian security officials have dismissed
claims of human rights violations as unavoidable “aberrations”
during the counterinsurgency against alleged terrorists in Punjab
from 1984 to 1995. This scientific analysis reveals that these statements
given by the Indian government regarding the nature and extent of
these violations are implausible given the available evidence. The
report draws on more than 20,000 records from independent sources
and analyzes them using accepted statistical methods. HRDAG demographer
Romesh Silva and HRDAG computer scientist Jeff Klingner are co-authors
of the report together with Jasmine Marwaha, Program Associate at
Ensaaf.
Quantitative Analysis of Qualitative
Evidence
Human rights organizations have collected
extensive qualitative evidence about the types of abuses committed
by Indian security forces and the impunity that persists in Punjab.
Until now, human rights groups have lacked the capacity to conduct
quantitative research to analyze these violations and definitively
challenge explanations put forward by the Indian government.
The available data sources, each collected
through substantially different social, political, and legal processes,
are generally consistent in noting that enforced disappearances
and extrajudicial executions in Punjab were overwhelmingly concentrated
in the early 1990s when the government intensified its counterinsurgency
operations against alleged Sikh militants. The strong correlation
between reported lethal human rights violations and overall reported
lethal violence across time is inconsistent with official claims
that human rights violations were “random” or “minor”
aberrations.
The analysis also demonstrates that between
1988 and 1995, militant deaths reported from an “encounter”
or exchange of gunfire with the security officers were strongly
correlated with lethal human rights abuses reported by the victims’
families. This correlation supports previous qualitative analyses
by human rights groups that these encounters were fabricated by
security forces to conceal extrajudicial executions.

Witnesses describe the
extrajudicial
killing of Kulwant Singh.
The report further demonstrates that when human rights
violations increased dramatically after 1991 and fewer families
were able to recover the bodies of their loved ones, “illegal
cremations” acknowledged by the Indian National Human Rights
Commission also increased. The strong correlation between these
events suggests a shift in state violence during the height of the
counterinsurgency towards large-scale enforced disappearances and
extrajudicial executions, coupled with mass cremations to dispose
of the bodies.

Top graph shows
the monthly number of enforced disappearances and extrajudicial
executions reported to the Committee for the Coordination on Disappearances
in Punjab (CCDP) over time, by whether or not the deceased’s
body was recovered. Bottom graph shows a count of cremations by
month documented by the National Human Rights Commission (NHRC)
and Khalra Cremation Ground Records (KCGR) 1984–1996.
The HRDAG/Ensaaf report is the most comprehensive,
quantitative analysis to date of available data on human rights
violations during the Punjab counterinsurgency. The analysis reviewed
data from the local English-language newspaper, the Tribune, cremation
ground records collected by the late human rights activist Jaswant
Singh Khalra, acknowledged cremations by the Indian National Human
Rights Commission, and reported lethal human rights violations gathered
by the Committee for the Coordination on Disappearances in Punjab
and the People’s Commission on Human Rights Violations in
Punjab. The observed patterns of reported human rights violations,
reported deaths of alleged militants, and reported secret “illegal
cremations” shed further doubt on the government’s official
accounts of lethal violence in Punjab and its justification for
such a disproportionate use of force.
Additional data and analysis will allow for clarification
of the total magnitude and patterns of violence throughout Punjab,
broadening the discussion about the impact of counterinsurgency
strategies on human rights. Scientifically defensible analysis of
political violence can help enable honest public dialogue and support
an historically accurate narrative of the counterinsurgency in Punjab,
and initiatives for justice. This effort is part of joint work by
HRDAG and Ensaaf to introduce new evidence available to truth, justice,
and accountability processes that are focused on political violence
during the Punjab counterinsurgency.
In particular, it is hoped that this work will increase
the quality and quantity of evidence available to the National Human
Rights Commission and Supreme Court of India, as they continue their
investigations into mass violence associated with the Punjab counterinsurgency.
HRDAG and Ensaaf hope that this work will also help engage the security
forces in a debate about past human rights violations which is informed
by empirical data, guided by established scientific methods and
framed around international human rights norms.
HRDAG, in partnership with Ensaaf, is collecting additional
data on past human rights violations during the Punjab counterinsurgency.
We are extending our current work by employing inferential statistical
methods to answer key questions about the total magnitude of all
enforced disappearances, the extrajudicial killings in Punjab and
which institutions should be held accountable for these acts.

The citizens of
Punjab seek the truth about the killings and enforced disappearances
that took place during the counterinsurgency campaign.
Additional information regarding the report is also
available:
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