| First Sentence |
ਜੋ
ਦੇਗ ਤੇਗ਼
ਫ਼ਤਿਹ
ਪੰਥ ਕੀ ਜੀਤ
W
A
ednesday May 31 , 1995 , argu
ments were heard on the case
of Grant et al . v . Attorney Gen-
eral of Canada et al . ( commonly known as
the RCMP turban case ) . Although the
mat-
ter was originally scheduled for a two day
hearing , the Federal Court of Appeal
unanimously dismissed the appeal after
one day . The judgement of the court was
rendered from the bench after hearing
oral
arguments from the counsel for the Ap-
pellants , Mark Edwards . Mr. Edwards was
India's Rights Com-
mission visits Canada
Representatives of India's recently created
National Human Rights Commission
( NHRC ) visited Canada in June . The NHRC
was formed by the Government of India
last year after intense international
pres-
sure and scrutiny over its human rights
record . The formation of this commission
was intended to deflect the international
concern generated against continuing
atrocities committed against minority
communities in India .
The WSO remains skeptical both
behind the reasons for the formation of the
NHRC's , and the role it may play in reduc-
ing continuing human rights violations by
the State . Past experience suggests that the
NHRC will find it difficult to maintain any
impartiality on state sponsored rights
abuses , particularly when independent
human rights groups such as the Citizens
for Democracy ( CFD ) and the Punjab Hu-
man Rights Organization ( PHRO ) have re-
ceived such harsh treatment for criticiz-
ing the Indian Government's human rights
record . The heads of both the CFD and
PHRO have , for instance , been subject to
imprisonment for publishing reports or
highlighting government abuses in Punjab .
Internationally recognized groups such as
Amnesty International are banned from
carrying on investigations in India .
Given these type of facts , it would
be fair to say that the government of India
WSO
in
touch
Newsletter of the World Sikh Organization August 1995
RCMP turban
appeal
questioned rigorously by Chief Justice
Isaacs , and Justices Hugesson and Linden .
The thrust of the questions from the bench
centered around the foundation for the Ap-
pellants claim , namely , what rights of the
appellants were being infringed upon by al-
lowing the accommodation of the turban
into the RCMP dress code Regulations .
The Appellants case was founded on
two arguments . The first was that the ac-
commodation of the turban meant that the
Appellants ' right to freedom from religion
No. 6
was being infringed upon . This argument
was a legal twist on the usual interpreta-
tion of Section 2 ( a ) of the Charter , namely
that it protects one's rights to freely prac-
tice one's religion . The Appellants were
unable to establish how any of these rights
had been violated through the turban ac-
commodation .
The second more forceful argument
put forth by the Appellants was that the
Canadian jurisprudence had established a
see RCMP page 2
Indian diplomat or espionage
agent ?
Last year when India dispatched its new political affairs attache , Neschahal Sandhu ,
to the Indian High Commission in Ottawa , we had warned the Candian Sikh
popula-
tion to be vigilant . The WSO was concerned that , given Neschahal's
background in
police and intelligence work ( and lack of training in political affairs ) , his primary
role in Canada would be one of spying and espionage
within the Sikh community , a
role that one of his predecessors , Gurinder Singh ( former Associate Counsel Gen-
eral in Canada ) played quite adeptly until his activities became apparent to
authorities
and he was quietly asked to leave the country by the
Canadian government in 1987 .
Neschahal's presence in Canada continues to be a source of concern for the
Canadian Sikh community . Since his arrival last year , conflicts
within gurdwaras in
Canada have risen sharply , and many have begun to point to external
influences ( i.e.
the Indian High Commission ) in these " internal " conflicts . There is also
evidence that
the Indian High Commission has sought to
intimidate Canadians that support or may
have supported the WSO . The WSO has documented a number of cases where Cana-
dian citizens were required by the High Commission to sign
statements that they are
in not affiliated with the WSO as a precondition to receiving Visa's to
visit India .
is more concerned about its international
reputation vis - a - vis human rights than it is
about actually correcting the human rights
situation . Only last month , a book by a
U.S.
author on violations in Kashmir was im-
pounded . And three months ago , India in-
troduced a new bill in Parliament that
grants police the same broad powers for
arrest and detention as the much despised
and heavily criticized TADA ( Terrorist and
Disruptive Areas Act ) .
In June , NHRC officials met with the
Canadian International Development
Agency ( CIDA ) , at a meeting at which the
WSO was also present . The NHRC repre-
sentatives , to their credit , were very can
see NHRC page 3
Something to think about
during Indian Independence
Day celebrations on Aug.
15
" Many people would be shocked to
learn that " disappearances " and politi-
cál killings are an everyday occurance
in India . After all , isn't
this a country
which elects its government democrati-
cally ? Unfortunately , there is mounting
evidence that the Indian
government is
merely paying lip - service to the concept
of human rights . "
Amnesty International Appeal on
Dissappearances in Punjab , Aug. 1995
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