International Pressure Mounts Against India to Stop the Execution of Davinderpal Singh

Transcription

1 Vol III Ed 2 February 2003 TOP STORY International Pressure Mounts Against India to Stop the Execution of Davinderpal Singh Sikhs from all over the world are coming together to bring international attention to the case of Davinderpal Singh, a Sikh political dissident from India who is on death row in Tihar Central Prison, New Delhi. He has been in prison for the last seven years since being deported to India following an unsuccessful asylum application in Germany in January Davinderpal Singh, who has stated that his best friend was killed and his father and uncle disappeared at the hands of the Punjab police in 1991, went to Germany in December 1994 to seek political asylum. International human rights groups such as Amnesty International have documented that since 1983 scores of people had been arrested and tortured to death, deliberately and unlawfully killed in custody, or had simply disappeared while security forces refused to acknowledge that they had been arrested. The German immigration authorities returned Davinderpal Singh to India although a Frankfurt court concluded after Top News of January A Symbolic Victory for the GNFA Opposition Comit a Crime? Wipe it Away for $30 SMART, Fleet Bank Reach Historic Agreement Steadfast in his Turban, A Lawyer Raises Awareness This Man Got His Mountie Sikh Clergy Clears Nanakshahi Calendar Golden Temple as World Heritage Editorial Orlando s Money Back Offer Be a Leader and Liberate Sikh Women The thoughts and prayers of the Sikh community are with the families and loved ones of the seven astronauts who perished with the space shuttle Columbia. his deportation that he should not have been sent to India because it would mean he would face grave torture and persecution as a known political activist. Back in India, the 37-year-old Davinderpal Singh was charged under the draconian and now defunct TADA (Terrorist and Disruptive Activities) Act for conspiring to kill the then Youth Congress leader Maninderjit Singh in a 1993 car bomb attack in New Delhi which killed nine people. The case against him was based on a confession allegedly obtained under torture and threat of death. No corroborative evidence was offered by the prosecution. None of the witnesses produced by the prosecution identified him. Two accused co-conspirators were acquitted and the other two are said to be missing. The presiding justice of the three-justice bench acquitted Davinderpal Singh because too much doubt remained on the authenticity of the alleged confession to the police and because it is impossible for the accused to conspire with himself. In stark contrast, the other two judges convicted him arguing that proof "beyond reasonable doubt" should be a "guideline, not a fetish" and that procedure is only "a handmaiden and not the mistress of law." On December 17, 2002, the Supreme Court of India confirmed Davinderpal's death sentence. The presiding judge in the Supreme Court of India Justice Shah, who found Davinderpal Singh not guilty, also dissented on the sentencing. He stated that the death sentence should be commuted " considering the majority view also, in my opinion, if death sentence is altered to imprisonment for life, it would be sufficient to meet the ends of justice " The death sentence, however, was passed by a split verdict in the Supreme Court of India for the first time in the Supreme Court's history.

2 Vol III Ed 2 Page 2 In light of this recent development, an international campaign for justice for Davinderpal Singh launched a series of protests and vigils. The campaign will put pressure on Germany to intervene because weaknesses in the German asylum system left Davinderpal Singh to face the death penalty. A one hundred thousand signature petition was handed over to a member of the Bundestag last year in addition to escalating online petitions and letters. On January 14, 2003, a small delegation of British Sikhs met Thomas Matussek, the new German Ambassador at his official residence. The Ambassador stated that "the German Government has a good relationship with India and would use this to make its stand very clear to the Indian authorities." A protest was held later outside the Foreign and Commonwealth Office and attracted much wider publicity with Rob Marris MP joining the protest and giving media interviews along with a number of individuals from the campaign team. Senior officials at the Foreign Office suggested the Foreign Office Minister responsible for India, Mike O'Brien MP would endeavor to meet a delegation of British Sikhs and their elected representatives as soon as Davinderpal Singh's lawyers make a decision on what they will do next. The decision by the legal team is likely to be forthcoming in the next few days. Sikhs in several EU countries including Germany are already planning similar actions. Several protests are also being planned in Canada and the US, and approaches to the European Parliament and United Nations Human Rights Commissioner in Geneva are underway. An American Sikh media consultant team was hired and has spoken on various TV and radio talk shows in Canada. Plans are underway to approach the former Governor of Illinois, US and to meet Joshka Fischer of the foreign minister of Germany. A strategy with cooperation from Human Rights Watch is also under consideration. In a study titled "INDIA: Break the cycle of impunity and torture in Punjab," release by Amnesty International on January 20, AI stated that "a coalition of the Shiromani Akali Dal (SAD) party and the Hindu nationalist party, Bharatiya Janata Party (BJP), won state elections in The new administration, headed by Chief Minister Prakash Singh, promised the release of detainees charged with offences under the lapsed Terrorist and Disruptive Activities (Prevention) Act (TADA). Few of these promises materialized during the SAD-BJP tenure." AI cited Davinderpal Singh as one of the victims of these broken promises and gives the following explanation for the SC's misguided decision to sentence him to death: "In August 2001 a designated TADA court passed the death sentence on him. In December 2001 an appeal against the death sentence was made to the Supreme Court. While the court was making its decision armed militants perpetrated an attack on the Lokh Sabha (the Indian parliament) on 13th December 2001 and observers believe that heightened rhetoric about the threat of "terrorism" in the country and a hardening of government policies may have influenced the decision. The appeal was rejected by a three judge bench; two judges believed the death penalty should be upheld but, unusually, the other ruled that the accused was innocent. A petition questioning the controversial appeal decision was upheld by a three judge bench of the Supreme Court in mid December 2002." Davinderpal Singh's days are numbered. On January 17, 2003, The Indian Express reported that Tihar Prison received its first Black Warrant in fifteen years for the execution of Davinderpal Singh. In mid January, Davinderpal Singh's attorneys sent a mercy petition to President Abdul Kalam asking him to "commute the death sentence upon the petitioner into a sentence for life imprisonment." The lengthy petition detailed the flaws in the case and cited other more severe cases which were granted clemency. The petition stated "the principle that even one dissenting view, on even the quantum of sentences, is good reason not to impose the extreme penalty of death. The reason is obvious. The categorization "rarest of rare" would be severely challenged if even one judicial authority were in doubt about the appropriateness of death in a particular case. How much stronger, this argument becomes when the dissent of a judicial authority is not merely on the question of sentence but on guilt itself." The New York based human rights group Voices For Freedom stated in a press release that a well-known Indian attorney, Ram Jethmalani, has also filed a petition to retry the case with a panel consisting of a higher number of justices. If both petitions are rejected, Davinderpal Singh will be hung within a week, claim officials at the Tihar Jail. VFF also stated that Davinderpal Singh's attorneys have traveled to Germany to ask officials there to put pressure on the Indian government to reduce Singh's sentence to life imprisonment.

3 Vol III Ed 2 Page 3 On January 22, 2003 a letter went sent to the President of India from the German Parliament stating: "Your Excellency, I am writing to you behalf of the Committee on Human Rights and Humanitarian Aid of the German Bundestag on a matter of extreme urgency, which is causing great concern in Germany. In 1995, the Indian citizen Davinderpal Singh, a Sikh who had applied for political asylum in Germany, was deported from Germany to India. This deportation, as was subsequently recognised and confirmed by court ruling, should never have taken place, since the German authority carrying out the deportation had committed grave procedural errors. We urgently appeal to you to make use of your power to grant a pardon, so that Singh's death sentence is not enforced." On January 23, 2003 and urgent action was issued by Amnesty International urging the public to send appeals to the President and to the Attorney General of India to immediately commutes the death sentence imposed on Davinderpal Singh, pointing out the controversial nature of the two decisions made by the Supreme Court; expressing unconditional opposition to the death penalty as a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading treatment or punishment, and emphasizing that the death penalty has never been shown to have a special deterrent effect; reminding the President of the United Nations (UN) Commission on Human Rights resolution of April 1999 that governments should establish a moratorium on executions. On January 24, 2003 a VFF press release stated that major religious Sikh leaders issued their concerns about Davinderpal Singh's execution. Bhai Ranjit Singh, a former Akal Takht Jathedar (the head of the Temporal Seat of the Sikhs), requested the German government to pressure India into respecting the extradition treaty with its government in the case of Davinderpal Singh. At a press conference he said the Indian government was violating the international treaty under which the death sentence could not be awarded to an extraditee (Davinderpal). In a letter to the President of India, Abdul Kalam, he sought a presidential pardon for Davinderpal. Several other major Sikh religious leaders such as the Shiromani Gurdwara Parbandhak Committee (SGPC) President Kirpal Singh and former SGPC chief Gurcharan Singh also appealed to the President to commute the sentence of Davinderpal. Kirpal Singh said it was sad to note that those accused of planning and activating the 1984 Sikh riots were cleared of charges while the death sentence had been pronounced on Davinderpal. The Punjab Human Rights Organization's Deputy Chairman Kirpal Singh appealed to the President, the Prime Minister and Deputy Prime Minister of India and said that Sikhs were being discriminated against in this particular incident too. Member of Parliament in India, Simranjit Singh, in a statement termed the conviction of Davinderpal as political murder which would lead to alienation of Sikhs and appealed to the President to use his discretion to grant a pardon to Davinderpal. There is no need for the death penalty which violates every fundamental human right. We hope that people will ask the Indian President to commute the death sentence against Singh, said Mark Lavene, a representative of VFF. On January 26, 2003 a protest by human rights groups across India and Sikhs took place in Delhi to coincide with India's Republic Day. Their concerns reflected the death penalty being brought back after 15 years and this potential miscarriage of justice. Jathadaar Akal Takht, Giani Joginder Singh is planning a global Ardaas Samagam on February 9, 2003 for the release of Davinderpal Singh. For more information contact: British Sikh Federation - Kashmir Singh (british.sikh.fed@talk21.com) Khalsa Human Rights - Gurjit Singh (KhalsaHR@dial.pipex.com) Shromani Akali Dal (Amritsar) - Jagmohan Singh (jagmohan@hotvoice.com) Sikh Secretariat - Deepinder Singh (info@sikhjustice.com) VFF - (info@voicesforfreedom.org)

4 Vol III Ed 2 Page 4 L O C A L & N A T I O N A L A Symbolic Victory for the GNFA Opposition January 24, 2003 Rockville, MD The president of the Guru Nanak Foundation of America, Kashmir Singh, was found in contempt of an earlier court order preventing either side of the embattled Gurdwara from disturbing the rights of worshipers to freely attend religious services. After reviewing all the evidence, exhibits, witness testimonies, and the lawyers' arguments from the December 19, 2002 hearing, Judge Woodward of the Montgomery County Circuit Court said he found "considerable conflict in the testimonies." However, "the court is the sole judge of whether to believe those testimonies - all, part, or none," he said. The court believed that on Friday, April 26, 2002, a protest of 50 adults and children was held in the lobby of the Gurdwara over the suspension of the Raagi Jathaa. This led to a disturbance which caused the management to call the Montgomery County Police Department. The protest was so disruptive that the all participants were asked to leave the building and the Gurdwara was shut down. As a result, the management hired security officers for the next divan on Sunday morning. The court found that was "not unreasonable." The court believed that on Sunday, April 28, 2002, Kashmir Singh directed the police officers to ask three of plaintiffs inside the Gurdwara to either go inside the divan hall or leave the building. Those who refused were escorted out. Keeping the lobby clear was a "reasonable security measure and did not disturb their participation, it was not contrary to the court's order, and it was not intended to be threatening." The court believed that outside the Gurdwara on Sunday when the last two plaintiffs, Hardev Singh and Amarjeet Kaur, tried to enter the Gurdwara, Kashmir Singh did signal to the security officers to not let them come in. Six witnesses testified that Kashmir Singh was standing inside the double-glass-door breeze way signaling with his finger or nodding his head to the officers as to who could come in. The court believed that all the witnesses were seeking entrance. The court believed that the defendant's testimony denying any signaling was "not credible." All were allowed in about an hour later, however. The court found Kashmir Singh in contempt of a January 25, 2002 court order not to interfere in allowing members to come to worship. The question then became what would be the sanction for the contempt. The plaintiffs asked that Kashmir Singh be barred from the Gurdwara premises on Friday and Sunday divaans and on five Sikh holidays for a period of one year. The defense argued that this was a "disproportionate" sanction for one hour of not allowing members in. The defense's suggestion was that all parties just "stay cool" for now. The judge stated that contempt was a serious offense, but that he was concerned about being "draconian" about the sanction. He asked that the plaintiffs submit a detailed proposal for the sanction and that the defense submit a response to it. The court will make its decision soon after. It is likely that the sanction will end up being a slap-on-the-wrist. Commit a crime? Wipe it away for $30 from The Maryland Gazettes January 15, 2003 by Manju Subramanya Gurdarshan Singh pleaded guilty to a fourth-degree sex offense in April 1997 for fondling a 12-year-old girl while teaching her the piano. In November, the Sikh priest from North Potomac requested a Montgomery County Circuit Court judge to wipe his criminal record clean. The cost of seeking expungement: $30. A judge is weighing his request. Expungement is a legal way of removing criminal records from the public eye. The law, on the books in Maryland since 1975, is designed to give people who have been exonerated of a crime a fresh start. Individuals who are acquitted, whose cases have been dismissed or not prosecuted, whose cases have been placed on an inactive docket or who have been given probation before judgment, may seek an expungement. A person convicted of a single criminal nonviolent act who

5 Vol III Ed 2 Page 5 gets a full and unconditional pardon from the governor also may move to expunge his or her record. Singh became eligible for expungement after a judge in August 1997 granted him probation before judgment -- basically throwing out his guilty plea conviction after Singh agreed to counseling. Expungement is granted routinely in Montgomery County, say defense lawyers and prosecutors. "Most people don't want something on the record to cloud or damage their future," said Montgomery Village defense lawyer James F. Shalleck. "It cleanses someone's record from a prior arrest." He paid for it dearly "Certainly there are situations where we could agree -- a sex offense involving a child -- there is a public policy reason for the file to remain there for public view," Montgomery County Deputy State's Attorney John J. McCarthy said. But the state's expungement law is "black and white," with little room for ambiguity, he said. "What makes the case expugnable is there is no conviction," McCarthy said of Singh's case. "What really created the ability to give the expungement is the PBJ." Probation before judgment allows people to complete the terms of their probation and have their conviction struck down. PBJs are usually given to first-time offenders. "The real issue, as we have been debating in Annapolis, is whether or not judges should have unlimited authority to go back to cases and change sentences," Grosfeld said. "Here is a perfect example -- [the PBJ] allows a convicted sex abuser to wipe his record clear." "That bothers me," Frederick State's Attorney Scott L. Rolle (R) said of the Singh case. "It's legal. But the danger of allowing an expungement on a PBJ here is that he can get a PBJ again. There should be a record of that." Roberta Roper, chairwoman of the board of the Maryland Crime Victims Resource Center in Upper Marlboro, said her main concern is: "Does the victim know?" "I don't think the law provides for that," she said. "It is troubling." In Singh's case, notice of the expungement was mailed to the victim's house. But the victim's telephone number has been disconnected, indicating that the family has moved. Barry Helfand, the prominent Rockville defense lawyer who represented Singh during his plea and subsequently helped him win probation before judgment, said the criticism is unwarranted. "Fondling sounds more sinister than the case was," Helfand said of Singh's case. "This was a married man. It was just a stupid thing. He paid for it dearly." "Families of victims would not want this person's record expunged," he said. "But if you look at it with an unjaundiced eye, this man is entitled to it." Good people; one mistake Prosecutors, defense lawyers and politicians said expungement is well-deserved in most cases. "If you are 18, 19, 20 and have a whole lifetime in front of you and you make one mistake, you shouldn't pay the price forever," he said. "To saddle them with something for the rest of their life is not fair. That would affect their ability to get a driver's license, a job, a career." Roper said she knew parents or spouses of victims who were unfairly charged, found not guilty and had their records expunged. "Those were legitimate expungements because they were undeserved to begin with," she said. "You can't say one size fits all. Sometimes a person has truly changed. It depends on the crime." Note: the complete article with other cases is available online at SMART, Fleet Bank Reach Historic Agreement from Yahoo.com January 30, 2003 Washington, PRNewswire -- A leading national Sikh advocacy group and the nation's seventh largest retail financial institution, reached a broad-reaching agreement to ensure nondiscrimination against Sikh American customers and employees and calls for the institution to closely monitor discriminatory practices and improve services to the Sikh community. Sikh Mediawatch and Resource Task Force and FleetBoston Financial Corp., signed the joint agreement as part of a discrimination lawsuit settlement filed by a

6 Vol III Ed 2 Page 6 Sikh American customer. SMART, Inderjeet Singh Chowdhary, and Fleet Bank have been in negotiations since May last year, when Chowdhary, a Carteret, N.J., businessman filed a lawsuit against Fleet after being denied a CD account. Fleet Bank's settlement of Chowdhary's discrimination claim, which included an undisclosed monetary compensation, coincided with an agreement with SMART. In the agreement with SMART, Fleet said it "acknowledges that Sikhs are mandated to wear religious articles of faith (including turbans and steel bracelets) and are forbidden from shaving and cutting their hair," among other Sikh religious practices. Historically, it is the first time any US corporation has publicly stated it will accommodate Sikhs as "full and equal employees and customers." Highlights of the agreement: Fleet agrees to educate its employees about Sikh Americans. Fleet pledges to promptly investigate discrimination allegations by its customers or employees. Fleet agrees to develop personal, business and financial solutions tailored to address needs of the New Jersey Sikh community. Fleet agrees to continue work with SMART to identify recipients of appropriate event sponsorship and funding programs designed to assist Sikh American charitable and community development organizations. "SMART is satisfied that Fleet has agreed to take these affirmative steps in addressing the Sikh American community's concerns," said SMART's Executive Director, Navtej S. Khalsa. "With this historic agreement as a blueprint, SMART will seek to curb future discrimination of Sikhs by entering into similar agreements with other corporations." Steadfast in His Turban, a Lawyer Raises Awareness from The New York Times January 28, 2003 By Ronald Smothers Newark, NJ When guards at Brooklyn's Metropolitan Detention Center demanded last September that a Newark lawyer let them search his turban before being admitted to visit a client, they may have not have known much about the traditions of his Sikh faith. "To a Sikh, removing his turban in public is the same as a strip-search and as intrusive as asking a woman to remove her blouse," said the lawyer, Ravinder Singh Bhalla. But Mr. Bhalla knew quite a bit about the traditions of American law. Born in New Jersey of immigrant parents and educated at the University of California, the London School of Economics and Tulane University Law School, he knew his rights and was not afraid to list them, one by one. There was his First Amendment right to practice his religion, including the ritual public wearing of the head covering, he told the guards. Then he expounded on his Fourth Amendment right against unreasonable searches, since he had already passed through the metal detector without setting off alarms. Finally there was his client's Sixth Amendment right to the attorney of his choice a right that could be exercised only if Mr. Bhalla forfeited his own rights. Mr. Bhalla refused to remove his turban, and the guards refused to let him in. But on Jan. 17, the Federal Bureau of Prisons issued a clarification of its search policy, after Mr. Bhalla asserted all of these rights in Federal District Court here, before the Office of the Inspector General of the Department of Justice in Washington and, armed with letters of support from a host of Sikh groups, directly to the Bureau of Prisons hierarchy. Dan Dunn, a spokesman for the bureau, said that religious garments like turbans, prayer shawls or yarmulkes need not be considered part of the routine searches of personal effects that prison guards must make of visitors. They could be searched, he said, if there is a "reasonable suspicion that the person is about to engage in or is engaging in criminal activity." What Mr. Dunn described as a simple clarification of policy is being hailed as a milestone by Mr. Bhalla and others. They say that by treating searches of religious garments as distinct from other personal-effects searches and subjecting them to stricter requirements, the agency is recognizing their intrusiveness.

7 Vol III Ed 2 Page 7 "This marks a significant improvement in agency policy," said Harpreet Singh, the director of the Sikh Coalition, an amalgam of groups representing the nation's estimated 500,000 Sikhs. The group was founded just after Sept. 11, 2001, when many Sikhs found themselves the objects of suspicion at airports and elsewhere. Since the terror attacks, he said, his group has won concessions from the federal Department of Transportation on airport security searches of Sikhs, given the faith's prohibitions against removing turbans, as well as the requirement among the more devout that they carry a "kirpan," or dagger. Under the revised procedures, turbans will not be searched unless there is a positive reading on a metal detector. For their part, Sikh groups have agreed that it is legitimate to require those carrying daggers to secure the items in their checked luggage. "But the broader significance of all of this is that we are educating a broader range of people about Sikhs and our rights," Mr. Singh said. Sikhism, a monotheistic religion, dates back to the 15th century in the Punjab region of what is now India. Its doctrine has evolved through a succession of prophets or gurus, and in an atmosphere of persecution by the larger numbers of Hindus and Muslims in South Asia. One of Sikhism's main requirements is that adherents not cut their hair, which is considered a visible testament to their connection with their creator. Mr. Bhalla said many people mistakenly believe that the Sikh turban is a hat-like garment molded in one piece. It is actually a long swath of cotton, 3 feet by more than 15 feet, which takes Mr. Bhalla 15 minutes each morning to fold and carefully wind onto his head. In taking on Mr. Bhalla at the gates of the Metropolitan Detention Center, guards may have picked the wrong person, said Gerald Krovatin, a New Jersey criminal lawyer in whose firm Mr. Bhalla works. Mr. Krovatin said that last November his colleague was one of the founding members of the national Sikh Bar Association and the only one among the estimated 50 Sikh lawyers in the country who is a criminal litigator. Mr. Bhalla, 29, is also the lawyer handling a lawsuit brought by a Sikh graduate of the New York City Police Academy who was denied permanent employment as a policeman because he refused to shave his beard and cut his hair. Perhaps the seminal moment for Mr. Bhalla came in a federal courtroom in Newark when he was just 13. He and his father were attending a hearing for two Sikh community leaders whom the United States attorney's office was trying to extradite to India as suspected terrorists. Mr. Bhalla recalled that SWAT teams and snipers were stationed outside the court, and plainclothes agents shadowed his and his father's every step because the judge and the prosecutor had reported receiving death threats. It turned out that the prosecutor in the case was the one sending the death threats, apparently in an effort to heighten the sense of danger. Mr. Bhalla said the incident taught him how "ridiculous" stereotyping and prejudice could be. "Right now Sikhs are going through some of the same things that African-Americans went through, and like them we are learning the importance of having some political power and knowing how the system works," he said. "But we are just starting." I N T E R N A T I O N A L This man got his Mountie from The Tribune February 1, 2003 H. Kishie Singh Manjit Singh and a lady officer in RCMP livery. Manjit, though not an RCMP officer, donned the uniform to show how a turban looked with the police gear. One of the most famous of Canadian sayings is, "the Mounties always get their man!" It reflects their dedication towards duty and the tenacity, efficiency, competence and justice that is synonymous with the Royal Canadian Mounted Police (RCMP), affectionately and respectfully known as the Mounties. There can be no prouder police force. Their red serge tunic with that hair-raising, blood-curdling red represents Canada.

8 Vol III Ed 2 Page 8 The following story has a slight twist. The Mounties did get their man but before that came about, this man got his Mountie! And the man who got his Mountie was Manjit Singh. Manjit came to Canada in 1960 as student. He got a university degree and stayed on to get immigration status. He worked in various companies in Toronto and Montreal and it was in 1986 when he was in a senior management position with Air Canada that he received a call from Ottawa from the Minister in charge of the Treasury Board. They were setting up an advisory group to advise the minister on hiring people belonging to visible minorities (Sikhs, Chinese, Japanese and Blacks amongst others) for the Federal Public Service and Crown Corporations. This was part of a package programme to implement "employment equality" in Canada. Manjit was on the committee for visible minorities, which was set up to advise the minister on recruitment, promotions and also what changes were required to be made in the policies of the government so that the target groups could be represented in the government services. "As a result of our study it was found that though the visible minorities formed 11 per cent of Canada s population, only 1 per cent were represented in the civil service. It was a very disproportionate number. The visible minorities now form about 18 per cent of Canada. "In 1988, the RCMP being a federal agency realized that it needed to increase the representation of visible minorities. In 1985, after the crash of Air India s Kanishka, when the RCMP launched its investigations into the crash, it realized that it had no one who spoke Punjabi and could talk to the expatriate Sikh community and there are about half a million Sikhs in Canada. "The RCMP realized that it was not in step with the changing demographics of the country. The RCMP came up with a philosophy of community policing, so it decided to start hiring people from different countries," explains Manjit Singh. In 1988, the Commissioner of the RCMP appreciating the work Manjit Singh was doing for the Treasury Board and him to assist the RCMP. The RCMP had asked various communities to give their views about recruitment of visible minorities. Manjit s role was to give the point of view of Sikh Canadians. "This was done with my company s permission. The President of Air Canada was only too pleased to allow me to do this work. It was a feather in Air Canada s cap to have one of their employees assist the Federal government, the Treasury Board and the RCMP. That s how I started working with the RCMP," says Manjit Singh. Very soon the Commissioner of the RCMP decided that he would allow turbaned Sikhs to serve in the RCMP. The RCMP went through its hiring and training manuals to learn if the induction of turbaned Sikhs would cause any systematic barriers. "For a number of years, I assisted RCMP officers and pointed out what policies and manuals were required to be modified to ensure that a turbaned Sikh officer could serve without any difficulty. So it was in 1990 that the first turbaned cadet entered the RCMP academy in Regina, Sasketchwan in mid-west Canada. Again, I was asked to go to the academy and assist the instructors. They had never dealt with a Sikh and they were a little nervous. I held a seminar with the instructors, including the commanding officer of the academy. I told them about Sikhs. Prior to that I was asked to meet Baltej Singh Dhillon. The first Sikh recruit to join the RCMP, Baltej is from Malaysia. I met Baltej along with a supervisor from the RCMP. There were a number of issues to be discussed and sorted out like diet, uniform and, of course, the turban. For example, every Mountie is required to be able to swim. The RCMP wanted to know how a Sikh would swim with a turban. It was decided that he would wear a rubber cap. Also it was agreed that during training, he would wear a patka. I had to describe what a patka was." This meant a change from the Stetson hat to a turban. "That was a very big issue," said Manjit. "Suddenly there was a backlash from the conservative elements in the Canadian society. They feared that the immigrants would take away the sanctity of the RCMP. The veterans of the RCMP were the most concerned. They raised a petition with a quarter of a million signatures, opposing the decision. Not only that, the veterans sued the Commissioner. The case went to the federal court and this meant that the Queen was being sued. So the Department of Justice put together a legal defense team and once again I was asked to help. The defense team needed to know more about Sikhism. And once the hearing started, I was asked to be a crown witness. So I spent 10 days in Calgary, where the hearing was held, with a team of lawyers and the Deputy Commissioner of the RCMP.

9 Vol III Ed 2 Page 9 I was called to the witness stand to explain how I had helped the Commissioner in facilitating the integration of turbaned Sikhs into the RCMP. The end result was that the court maintained that the government had the authority to implement changes and a turbaned Sikh officer could serve in the RCMP." The Solicitor-General, however, told the Commissioner, "I want to see what a Sikh will look like in RCMP uniform!" Once again Manjit s help was sought. The Commissioner called him to his office in Ottawa. Manjit modeled the RCMP uniform comprising the red serge coat, breeches, boots and the turban, for the Solicitor General. The rest, as they say, is history! There is a corollary to this exercise. Up to this time the women RCMP officers wore the red serge coat, Stetson hat and a skirt. Around the same time when the turban was introduced into the RCMP, the dress code for women officers also changed to breeches. When Manjit modeled the turban, a lady officer modeled the breeches and the boots. Manjit Singh was associated with the RCMP from 1988 to The story, however, does not end here. A couple of months ago, Manjit Singh got a phone call from Los Angeles. It was the Sheriff s Office of L.A. County. The Sheriff had decided that in view of the large number of different ethnic and religious groups in southern California, it was about time that the Sheriff s office represented these communities. He was going to have turbaned Sikhs. "They asked me for help. Of course, Baltej Dhillon was also asked for his experience and views." This year, the first turbaned Sikh will go for training in the Sheriff s department in Los Angeles County. Sikh Clergy Clears Nanakshahi Calendar from Tribune News Service January 16, 2003 Amritsar The Sikh clergy today approved Nanakshahi calendar, prepared by Canada-based Sikh scholar, Pal Singh Purewal. However, birth and death anniversaries of the Gurus and other Sikh festivals would be observed in accordance with Nanakshahi calendar while other common festivals of Hindus and Sikhs would continue to be celebrated as per old calendar till a final decision. The Sikhs who have been celebrating Gurpurbs and other festivals according to the Bikrami calendar for more than four centuries will now have a separate calendar. This decision was taken after the recommendations of the 11-member committee formed to resolve the issue at the Akal Takht secretariat. Except the author of the calendar all members were present in the meeting. Giani Joginder Singh Vedanti, Jathedar Akal Takht pronouncing the decision said though no time-frame could be fixed yet it was likely to be implemented by April this year. On Nanakshahi calendar the Shiromani Gurdwara Parbandhak Committee during presidentship of Bibi Jagir Kaur had virtually divided the Sikh Panth as Giani Puran Singh, then Jathedar, Akal Takht had banned its implementation on the demand of a section of the Sant Samaj till a consensus was arrived at. However, the SGPC violated the directives of Akal Takht by celebrating the birth anniversary of Guru Gobind Singh on January 5 as per Nanakshahi calendar. However, parallel birth anniversary was celebrated few days later in accordance with Bikrami calendar. The conflict led to the excommunication of Bibi Jagir Kaur from the Sikh Panth through a hukamnama which she never accepted. Ultimately, the pro-bibi Jagir Kaur SGPC members sacked Giani Puran Singh as Jathedar Akal Takht. The foreword of the Nanakshahi calendar was written by the then SGPC chief Mr Gurcharan Singh Tohra but the then Jathedar Akal Takht, Bhai Ranjit Singh, had also directed to put on hold the final decision on the calendar. Even as a section of the Sant Samaj led by late Sant Mangal Singh had taken a clear stand against the implementation of the Nanakshahi calendar on the plea that it would divide Hindus and Sikhs who had been celebrating many festivals jointly, since ages. However, Mr Purewal had defended his almanac saying it was based on scientific concept of a tropical year and would help fix dates of important Sikh festivals and days as per various references in Sikh scriptures. The project was finalised after wide-ranging discussions amongst Sikh scholars and the backing of Bibi Jagir Kaur and her predecessor Mr Tohra. In support of the Nanakshahi calendar, Mr Purewal had explained that currently Sikhs were celebrating all festivals as per Bikrami calendar (BC) which is based partially on solar

10 Vol III Ed 2 Page 10 The Sikh Sentinel E D I T O R I A L February 2003 principle and partially on lunar. This was resulting in various festival dates being pushed further down the year with the passing of each year, thus negating association between certain festivals and prevalent seasons they are connected with, he added. Golden Temple as World Heritage from Outlookindia.com January 7, 2003 Chandigarh, (PTI) The Punjab Government has constituted a six-member committee to study a report prepared by the Indian National Trust for Art and Cultural Heritage (INTACH) for nominating Sri Harimandir Sahib (Golden Temple) as a world heritage site to UNESCO. A decision to this effect was taken at a high level meeting held here today under the chairmanship of state Industries Minister Avtar Henry. Speaking on the occasion, Henry said the government had embarked upon an ambitious plan to develop religious and ethnic tourism in the state in a phased manner to preserve the glorious and rich cultural heritage. The committee would comprise of Kiranjot Kaur, member SGPC, Dr S S Boparai, Vice-Chancellor, Punjabi University, Patiala, Dr Harnam Singh Shaan, Dr Kharak Singh, Dr Sikander Singh (all eminent sikh scholars) and Dr (Mrs) Dalip Kaur Tiwana, a renowned punjabi writer, an official release said. Under the first phase, the government had chalked out a plan to develop Amritsar, Patiala, Kapurthala, and Sri Anandpur Sahib on the map of international tourism. Orlando's Money Back Offer It used to be a sleepy little town twenty some years ago when a handful of Sikhs first settled there. And like other fledgling Sikh communities popping up in the United States back then, they would take turns holding divaans in their houses. In a few years they were able to buy a small church at the end of a gravel road, put up a Nishaan Sahib and make it into a Gurdwara. As time went by, the sleepy little town grew into a dynamic suburb of a bustling city. The sangat grew and made improvements to the Gurdwara. Then, a few years M O R E O N L I N E Jan 1 - Gurdwara Khalsa Darbar, NJ opened its doors. Jan 9 - Richmond Hill Sikh Society selects a new slate of 26 officials. Jan 18 - The first cyber museum of its kind is about to be launched on the Internet to reveal the history of the Sikh people. Jan Police investigate Amritsar kidney racket. Jan 27 - NBC s Today show interview the brother of Balbir Singh who was killed after 9/11. Jan 29 - RSS blamed Mahatma Gandhi for the country's division, asserted all Sikhs were Hindus. Jan 29 - Immigrant males from India between 18 and 45 next in line for special registration in US. Jan 29 - MPs to campaign for Kohinoor s return. Sikhs protest Iraq war, honor MLK. Online petition protest mistreatment of handicapped Sikhs.in Gurdwaras. Feb 1 - Astronaut Kalpana Chawla was a graduate of Punjab University. ago, the sangat bought a large piece of land and decided to raise money to build a new Gurdwara. The sevadaars traveled across the United States and Canada to appeal to Sikh sangats everywhere to donate money for the new Gurdwara. And the Sikh sangats were generous. Eventually, a beautiful new Gurdwara was built on the new land with the financial help of Sikhs everywhere and the hard work of the local sangat. All was going well until recently when some of the sangat received an irate letter from a young Amritdhari Sikh from New Jersey. His concern: The Sikh Society of Central Florida intends on changing their constitution so that the President of the Gurdwara is not required to have kesh. He states in his letter that a Gurdwara official has said that he believes in the first nine Gurus, not the tenth; and that kesh is only a "fashion statement." Among other shocking statements, Gurdwara officials justify their position by saying that the majority of Sikhs in Florida do not keep their hair and that it is just a matter of time before the rest

11 Vol III Ed 2 Page 11 The Sikh Sentinel E D I T O R I A L February 2003 cut their hair. They also do not expect the future generations to keep kesh. The kesh issue in Orlando is becoming epidemic as more and more youths are shaving off. The sangat has created an environment where the children are not shown to love their identity. And now the Gurdwara is headed in a direction in which the sevadaars will not look like Sikhs. After exchanging several phone calls with the Gurdwara officials, the Sikh man from New Jersey was told to "take your money back and mind your own business." Does this money back offer apply to every Sikh across the US and Canada who donated money to SSCF in the belief that the Gurdwara would be run following the principles of Sikhi? The Sikh from New Jersey was so disturbed that he traveled to Orlando to confront the sangat. When he arrived at the Gurdwara, he was taken aside by the management and convinced that the kesh requirement will not be removed from the constitution. He was never given a chance to talk to the sangat before he went back. As it turns out, a Rules Committee was set up to invite opinions and suggestions from members and non-members to improve the Constitution and make it more "conflict free and meet the needs of the current situation." Specifics were not given as to what is the conflict or the current situation. Only one of the six persons on the Rules Committee is Keshdhari and two are non-sikh. A significant portion of the membership is also either not Keshdhari or non-sikh. Does a Catholic have a say in how a Synagogue is run? In the last letter from the Rules Committee it states that they all "agree that the President shall be a turbaned Gursikh." However, any changes to the Constitution shall be amended by a two-thirds majority at the General Body meeting in April It appears that the management has changed their minds about the kesh issue, but they have left the back door wide open to change the kesh requirement. Every Gurdwara belongs to every Sikh. And anything that happens at a Gurdwara is our business. So here is a written input from a non-member on the Constitution. The Sikh Society of Central Florida is blurring the line between Sangat and Pangat. Gurdwaras are open to all people regardless of belief - that group is called the Sangat. The operations of the Gurdwara, being a Sikh institution, should be run by Sikhs - the Pangat. The phrase mona-sikh is an oxymoron. A person who cuts his or her hair is directly disregarding the Guru's hukam and should reconcile before trying to run a Sikh religious institution. So yes, the Constitution should be changed. All governing members of the Sikh Society of Central Florida should be Keshdhari, not just the President - trustees, management, and members. Amritdhari is even better. All official titles should be changed to "sevadaar" because fancy titles cause ego problems. And finally, those Keshdhari Sikhs in Orlando, I know there are many left, need to find their backbones and stand up to this injustice. Don't let them do this. The Sikh Society of Central Florida is inviting input from members and non-members. Write to: SSCF 2527 W. State Road 426 Aloma Road Oviedo, FL Be a Leader and Liberate Sikh Women Sikh women have been denied equal rights for a long time, even at Darbar Sahib. I would have found it unimaginable if I hadn't experienced this discrimination first hand. Back in 1994 my family and I arrived at Darbar Sahib very early in the morning to watch the Guru Granth Sahib being carried across the sarovar walkway. As the gates opened and the palanquin arrived, we saw people, only men, take turns to help carry the palanquin. I told my mom I wanted to do that too. That was when she told me we were not allowed. My mom disappeared into the crowd and then I heard her voice telling me to go ahead. I had every right and I did. I pushed my way into the crowd and held on for only a couple of seconds until the crowd swept me away. My mom had managed to do the same. We both got yelled at whatever. We were both happy for the moment. The experience was a quite a rude awakening. It was painful to see that a basic tenet spelled out by our Gurus was not being followed, not even at Darbar Sahib. This is a problem that cannot be ignored. It is so fundamental that it has grown tentacles into all kinds of other problems that face Sikh society. Denial of equal seva at Darbar Sahib is at the surface, but what lies beneath is the attitude of Sikh society that women are inferior, the practice of dowries, women cutting their hair,

12 Vol III Ed 2 Page 12 The Sikh Sentinel E D I T O R I A L February 2003 domestic violence, the preference of male babies, and female feticide. The equality of Sikh women has become just lip service in practice and Sikh political and religious leaders are parties to this serious hypocrisy. While Sikh leaders admit that gender discrimination is against the tenets of Sikhi, they stop short of taking action. They can only offer lame excuses like "orthodox Sikhs will retaliate." Does "orthodox" mean that one can pick and choose which tenets to follow? Sikhi-by-committee is a dangerous idea. Sikh tenets do not need anyone's approval. Doing the right thing is not always the popular thing to do, but it has to be done. This crisis should be looked upon as an opportunity for Sikh leaders such as Jathedar Joginder Singh and SGPC's Kirpal Singh to make a real difference. They must use their positions as bully pulpits to liberate Sikh women and set an example for Sikhs all over the world. We can overcome our problems. Equality is the Guru's hukkam. Live the truth. Start by letting the beautiful words of the Guru Granth Sahib, sung by the sweet voices of women, resonate from Darbar Sahib. N O T I C E B O A R D Wanted Immediately: Punjabi Teacher A group of ten to fifteen young DC professionals and the Sikh Student Association are organizing a Conversational Punjabi class at the George Washington University campus in downtown Washington D.C. They are looking for a Punjabi teacher to teach the class one evening per week till the end of the semester (about 14 sessions). For more information, please contact kauranu@hotmail.com. Blood Drive In the spirit of the Sikh tradition of wellbeing and goodwill to all humankind, USSA is conducting their second Blood Drive on February 16, 2003, at the Makhan Shah Lubhana Sikh Center in Richmond Hill, New York. Please support the community by making a gift of life. February 16, am 5pm Location: Makhan Shah Lubhana Sikh Center, 101 Ave, 114th Street, Richmond Hill, New York call: Manpreet Singh: msaneja@hotmail.com Copyright The Sikh Sentinel