Volume I, Issue I

June 2013
917 13th Street Modesto, CA 95354 Tel: (209) 409-8353 BHAI KULVIR SINGH BARAPIND & SIKH ALLIANCE SUE INDIAN GOVERNMENT
On May 7, 2013, on behalf of political activist Bhai Kulvir Singh Barapind, the Sikh Alliance filed a civil complaint, naming as defendants the Government of India and its various ministries, the Government of the State of Punjab, the Punjab Police, and numerous government officials. The notable government officials named in the complaint are Indias Prime Minister Manmohan Singh, Punjabs

THE ALLIANCE QUARTERLY

IN THIS ISSUE OF THE ALLIANCE QUARTERLY
Kulvir Singh Barapind Files a Federal Court Legal Challenge Against the Indian Government for Subjecting him to Torture Sikh Alliance is on Facebook! A Message from the Alliance President, Bhai Jasjit Singh Hundal Meet Alliance Staff Gurpreet Kaur & Manmeet Toor

Sikh Alliance is on Facebook!

Sikh Alliance is on Facebook at www.facebook.com/SikhAlliance. Please visit the page. The page already contains important updates on Alliance programs, including updates on Bhai Kulvir Singh Barpinds case. LIKE us! FOLLOW us! COMMENT! SHARE!
BOARD OF DIRECTORS Jasjit Singh, President Balbir Singh, Vice President & Sikh Lehar Committee Jaskaran Singh, Treasurer & Fiscal Committee Amritpal Singh Sra Jasjeet Singh, Legal Committee Kirpal Singh Billing, Fiscal Committee Navjot Kaur, Sikh Lehar Committee Parminder Singh Grewal Raminderjit Singh Sekhon, Sikh Lehar Committee Yadvinder Singh, Legal Committee SIKH ALLIANCE STAFF Gurpreet Kaur, Program Coordinator gurpreet@sikhalliance.org Jagdip S. Sekhon, Operations Manager jagdip@sikhalliance.org Manmeet Toor, Staff Attorney manmeet@sikhalliance.org

Sikh Alliance is a nonprofit organization committed to providing quality legal and social services to individuals, irrespective of their race, ethnicity, religion, gender or sexual orientation.
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Chief Minister Parkash Singh Badal, and the Director Inspector General of the Punjab Police, Sumedh Saini. The complaint was filed in the United States District Court for the Eastern District of California, the Fresno Division. The complaint alleges that the named government officials are legally responsible for torturing Bhai Kulvir Singh following his arrest on September 20, 2012. The torture includes applying electric shocks to Bhai Kulvir Singh, repeatedly stretching his legs apart, beating him with sticks, and desecrating his holy Sikh symbols or kakars. The complaint seeks $10,000,000 in damages for politically and religiously motivated torture. (continued on page 4)

Dedicated to the Welfare of Humankind

(continued on page 4)

Volume I, Issue I

June 2013

A MESSAGE FROM THE PRESIDENT

Wahe Guru ji ka Khalsa, Wahe Guru ji ki Fateh. Welcome to the Alliance Quarterly, Sikh Alliances newsletter. In this debut edition, you will meet the Alliances new Program Coordinator and Staff Attorney, who both discuss future Alliance projects. You will also learn about the Alliances initiation of a lawsuit against the Indian government for violating Sikh political prisoner Bhai Kulvir Singh Barapinds human rights. Please take the time to read the feature about Bhai Kulvir Singh. Also learn how you can stay apprised of his case and the Alliances other activities by following our Facebook page. Sikh I am pleased to share that on April 1, 2013, Sikh Alliance opened its office in Modesto, California. The office is an eight-hundred square foot facility that serves as a headquarters, and provides an excellent work setting for the Alliances staff. Through the generous contributions of the Trustees, the Alliance has everything necessary for its future success. The Alliances office is now functioning with a full staff. Joining our Operations Manager Jagdip Singh Sekhon, are Gurpreet Kaur and Manmeet Toor. Gurpreet joined the Alliance on April 15, 2013, to serve as Program Coordinator. On May 1, 2013, Manmeet joined the Alliance as its Staff Attorney. They were hired after a nationwide search, and distinguished themselves amongst many highly qualified candidates. Both left jobs in the private sector and relocated to Modesto to join the Alliance. The Board of Directors expects great things from Gurpreet and Manmeet. You can find their complete introductions provided below. We have accomplished all of the above while having enough of a remaining budget to allow Sikh Lehar to establish its first Sikh Center in Punjab. (continued on page 4)

MEET THE ALLIANCES PROGRAM COORDINATOR, GURPREET KAUR

It is my utmost pleasure to begin working as the Program Coordinator for Sikh Alliance. I feel this will be a truly humbling and satisfying professional experience. My education has prepared me to tackle various public health and human rights issues and to find viable solutions for them. I completed my undergraduate coursework in Human Development at the University of Nevada, Reno. I am in the process of completing my masters degree in Public Health from the University of Nevada, Las Vegas. I have lived in Nevada for most of my life, but I spent my childhood in Amritsar, Punjab. Having been brought up in a Sikh household has given an appreciation for the richness of the Punjabi culture. This is the reason why I feel so close to my culture and issues affecting Punjab today. As the Program Coordinator I am responsible for promoting the development of Sikh Alliance for Sikh Lehar and the legal project. The developmental tasks (continued on page 3) 3)3)((assistingoperations, developing social services programs for Sikh 2Lehar, managing social media pages, and organizing the annual conference. I also administer content, planning, budgeting, and marketing of programs.

MEET THE ALLIANCES STAFF ATTORNEY, MANMEET TOOR

Im a life-long resident of California and attended UC Davis for my undergraduate education and UCLA for law school. In May, I joined the staff of Sikh Alliance as the Staff Attorney and Im incredibly excited to begin working for an organization that has the potential to create long-lasting positive change. Ive had a keen interest in civil rights ever since I witnessed the backlash members of the South Asian community faced post-9/11. Many people in the community became the target of harassment and violence based simply on their appearance. During times of great uncertainty we can bear witness to what society is capable of, both in the best and worst sense, and during those years I learned that there are still many people who act out of fearful ignorance. After graduating from law school, I wanted to pursue my passion for civil and human rights and am happy to have found this opportunity with Sikh Alliance. (continued on page 3)

Dedicated to the Welfare of Humankind

Volume I, Issue I GURPREET (cont.)

include assisting in office operations, developing social services programs for Sikh Lehar, managing social media pages, and organizing the annual conference. I also administer content, planning, budgeting, and marketing of programs. The most important aspect of my job is to ensure proper delivery and measuring effectiveness of the Sikh Lehar programs in Punjab. Sikh Lehars goal is to provide quality religious and social services in accordance with Sikh principles. Two areas that demand Sikh Lehars attention is Punjabs drug epidemic and the ongoing reduction of the female population by the killing of fetuses and infants. Punjab is known world-wide for its agricultural riches. But now the Sikh homeland it is slowly becoming the capital of drug addiction. Drugs are imported from Afghanistan to Pakistan, and make their way into India through Punjab. This influx of various opium based drugs has made them readily available to youngsters. As a result, the problem of drug abuse in Punjab has reached record numbers. Almost 70% of youth have tried or are regular consumers of drugs. There is no one solution to the drug problem in Punjab. However, as an organization if we are able to start an anti-drug program that instills Sikh principles in the youth and educates them about the dangers of drug use, we might be able to save countless individuals and their families from the grips of drug addiction. It is our duty as Sikhs to do something about female infanticide and foeticide. Female infanticide refers to the killing of a girl infant after birth and female foeticide refers to aborting a fetus, because its a girl. In the recent decades, female foeticide has become rampant in Punjab. According to a 2011 India census report, in Punjab there are 846 girls for every 1000 boys under the age of six. That is the worst ratio of all Indias provinces. It is shameful for Sikhs that such an evil is so prevalent in our homeland, especially in light of Sikhisms emphasis on gender equality and the Rehat Maryada specific prohibition against it. If the gender gap continues to grow Punjab will experience increase in violence, human trafficking, and a dangerous demographic imbalance. I have launched the Sikh Alliance Facebook and Twitter pages. Having an engaged community will give us a chance to develop interactive discussions all over the world and thereby improve the quality of our pages. As Sikh Alliance grows, I hope to continue sharing my thoughts about our achievements and successes with all of you. I invite you to call our office at (209) 409-8353 to speak to me, or e-mail me at gurpreet@sikhalliance.org. Sincerely,

June 2013 MANMEET (cont.)

The Sikh Alliance is committed to working alongside individuals who have been persecuted, like Mr. Kulvir Singh Barapind, to ensure that they get their day in court. Mr. Barapinds case demonstrates how easily someone can fall through the cracks of international diplomacy when a country is not held accountable for its indiscretions. The Government of India is a signatory to the United Nations Convention Against Torture and is required to take measures to prevent torture from occurring within its borders. They not only failed to protect one of their citizens from the abuse of their own governmental instruments when Indian police forces repeatedly tortured Mr. Barapind, they broke an agreement with their global allies. Breaking the Convention agreement does not come with consequences, so unless we hold the government publically accountable they may continue to violate its provisions. Although we want Mr. Barapind to be granted a measure of justice, his case is also about preventing future infractions from occurring. By filing this case and bringing it to the international community's attention, we can send a message that countries like India do not have unchecked power and cannot act with impunity. The Sikh Alliances legal program emphasizes the importance of serving others and pursing justice for all individuals, irrespective of their ethnicity and religion. I have always been taught that Sikhism places great weight on defending the rights and dignity of the downtrodden; in keeping with these values, I will be volunteering with the Ninth Circuits Pro Bono Program to provide counsel to parties who cannot afford representation. I feel blessed to have received my education and feel it is my duty to use it to benefit others, especially those who havent had the same opportunities as me. Its an unfortunate reality of the world we live in that the needs of the less fortunate are often overlooked because they have been stigmatized as lazy, naturally inclined to criminal activity, and somehow undeserving of assistance. Although we cannot change these harmful perceptions overnight, I believe that our policy to accept clients from any and all backgrounds exemplifies our deeply-held commitment to safeguarding civil liberties. I have the unique privilege of joining Sikh Alliance at its inception and am excited to help grow an organization with such a promising future. We will keep you updated as we progress toward our goals and I hope we will continue to enjoy your support. I encourage you to contact me for updates and to provide your input regarding the Sikh Alliances legal project. Our telephone number is (209) 409-8353. My e-mail is manmeet@sikhalliance.org. Sincerely, Manmeet Toor Manmeet Toor, Sikh Alliance Staff Attorney

Gurpreet Kaur
Gurpreet Kaur, Sikh Alliance Program Coordinator

Dedicated to the Welfare of Humankind

Volume I, Issue I
KULVIR SINGH BARAPIND VERSUS THE GOVERNMENT OF INDIA (cont.)

June 2013

The Indian government has charged that he is guilty of attempting to revive militancy in Punjab, charges that have drawn skep ticism from even Indias mainstream media. Notably, he is an elected member of the Shiromani Gurdwara Prabhandak Committee, representing the Nawanshar constituency since 2011. He is also the President of the Shiromani Akali Dal Panch Pardhani. In fact, his arrest occurred only two weeks after he was named President of the SADPP. This is not the first time Bhai Kulvir Singh was targeted by the Indian security forces. During the 1980s and 1990s he was a leader in the Sikh Student Federation, eventually serving as its General Secretary. The Federation was banned in India for advocating a Sikh homeland separate from India. The Indian security forces arrested and jailed Bhai Kulvir Singh on a number of occasions, and during his detentions they subjected him to what American courts described as hideous torture. They also did not spare his family members and friends. After spending approximately three years underground in India, Bhai Kulvir Singh escaped to the United States in 1993. Upon his arrival, he was immediately detained by US Department of Justice officials based on the Indian governments allegations that he is a terrorist. Lengthy court battles ensued. For the next thirteen years Bhai Kulvir Singh, with the unwavering support of his many supporters, contended that the Indian government was attempting to effect his return to India to politically persecute him. He sought the protection of the United States government from return to India. The litigation resulted in three trips to the United States Court of Appeals for the Ninth Circuit. The legal battles in the US ended in 2006 when Bhai Kuvlir Singhs surrender to India was negotiated to face criminal charges in three cases. As a term of the surrender, the Indian government agreed that India would comply with the United Nations Convention Against Torture. As the name applies, the Convention is an international treaty prohibiting governmental torture. In June 2006, Bhai Kulvir Singh was extradited from the United States to India. Following his return to India in 2006, he remained in detention while he faced the Indian governments criminal charges in three separate cases. In 2008, he was acquitted of all charges and freed after more than fifteen years of imprisonment. He then settled in his village Barapind, and married his wife Kashmir Kaur. Only in the last couple of years did Bhai Kulvir Singh resume his political activities. In the current litigation, he alleges that the Indian government violated the terms of his surrender by torturing him following his arrest in September 2012. The Indian government had specifically agreed to abide by the terms of the Convention Against Torture in order to secure his surrender. According to the complaint, under the Foreign Sovereign Immunities Act, the Indian government is now subject to the jurisdiction of the United States courts and liable for damages resulting for violating of the terms of Bhai Kulvir Singhs surrender. Bhai Kulvir Singhs case exposes Indias systematic use of torture against political activists designed to suppress dissent. Indias disregard for accepted international standards of basic human rights cries out for the attention of the United States and the international community, stated Yadwinder Singh, a member of the Sikh Alliance Board of Directors and its Legal Committee. Such a case, however, presents its challenges. Foreign governments like India are generally immune from the jurisdiction of American courts. However, there are exceptions, including where through its conduct, the foreign government has waived its immunity. Bhai Ku lvir Singh alleges that the Indian governments express agreement that his treatment in India would comply with the Convention Against Torture in order to secure his surrender from the United States constituted such a waiver. For almost three decades Bhai Kulvir Singh has been the target of political and religious persecution. Unfortunately for most of this time he has been put in the position of defending himself against allegations of terrorism that in the end have proven false, explained Jasjeet Singh, another member of the Sikh Alliances Board of Directors and Legal Committee. The Sikh Alliance was created to respond to situations like Bhai Kulvir Singhs and hold his persecutors accountable. PRESIDENTS MESSAGE (cont.) The Sikh Lehar Committee is formulating a plan to ensure not only the successful opening of a model Sikh Center, but to do so in a manner that can be duplicated and sustained. The Alliances Board of Directors and committees have worked hard to make all of this possible in a relatively short period of time. I would like to thank them for their time and insights and the cooperative spirit they brought forth. And thank you all for your invaluable support. I anticipate reporting more Alliance successes in the near future. Panth ki Jeet.

Jasjit Singh Hundal

Jasjit Singh Hundal, Sikh Alliance President

Dedicated to the Welfare of Humankind