40 years after anti-Sikh riots, Delhi finally offers jobs to some survivors

On November 22, Delhi’s Lieutenant Governor (LG) V.K. Saxena distributed appointment letters to 47 survivors of the 1984 anti-Sikh riots at an event in Tilak Vihar, marking a significant, albeit delayed, milestone in fulfilling promises made nearly four decades ago. The LG announced that 437 pending applications are under verification and assured their clearance soon. This is the first time in 40 years that job promises have been actualised.

The initiative includes permanent multi-tasking staff (MTS) positions, signalling a tangible step toward the rehabilitation of victims. However, with the Delhi State Assembly election approaching, the timing has sparked political debate. Efforts to rehabilitate families who lost loved ones during the anti-Sikh carnage have spanned decades, with successive governments led by Congress and BJP failing to deliver on various promises.

In a move to expand eligibility, Saxena, on the recommendation of the National Commission for Minorities, approved a relaxation in recruitment qualifications, lowering the minimum educational requirement for MTS posts from Class X to Class VIII. The LG also directed authorities to process applications for one family member in cases where the original applicant had either passed away or exceeded the age limit.  

From November 28, three-day-long special verification camps were organised across all 11 revenue districts of Delhi to facilitate the employment of victims. Managed by the relief branch of the Revenue Department, National Capital Territory of Delhi, these camps aimed to expedite the verification process for the remaining 437 eligible victims. However, the initiative saw minimal turnout, with many victims attributing this to a lack of public awareness about the camps. Data regarding the applications received is yet to be compiled.

Relentless efforts, modest results

The Delhi Sikh Gurdwara Management Committee (DSGMC) played a key role in advocating for these jobs and mediating verifications. Atma Singh Lubana, vice president of the committee and head of the 1984 Genocide Victims Committee, emphasised the relentless efforts needed to achieve even these modest results. “We used to write three to four letters to the government authorities every month. If we did not make this effort, the government would not be in the mood to give us any jobs,” Lubana told Frontline. While 22 victims have previously joined MTS positions and 300-400 widows were given government jobs shortly after the riots, the number falls drastically short of the original promise of one government job per death, he said, adding, “Over 3,000 people were killed, and by that measure, 2,500 jobs are still pending.” 

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The DSGMC’s involvement dates back to 2006 when it staged an indefinite sit-in in front of the Parliament following the submission of the Nanavati Commission Report. The one-man commission, headed by retired Supreme Court judge G.T. Nanavati, controversially gave clean chits to many Congress workers accused of orchestrating violence. “After the protest, the then-Prime Minister Manmohan Singh apologised to the Sikh community, and announced a Rs.750 crore package for the rehabilitation of those affected by the violence,” said Lubana. “We also demanded that besides compensatory money, we would also need one government job per family. We demanded justice for the families and appropriate action against the accused. Only Sajjan Kumar has been sentenced to life imprisonment so far, while others remain free.”

In the most significant conviction to date in the 1984 anti-Sikh riots case, Sajjan Kumar, a former member of the Lok Sabha and a Congress member, was sentenced to life imprisonment by the Delhi High Court in December 2018 for inciting mobs in Delhi’s Sultanpuri area. Currently, another Congress leader, Jagdish Tytler, faces trial for murder, abetment of murder, rioting and promoting enmity among people based on religion. The CBI investigated these cases following the Nanavati Commission, and Tytler’s case is set for its next hearing on December 9.

H.S. Phoolka, a senior advocate of the Supreme Court, noted that “There are about 20 cases that are still pending. Four or five are in the lower courts, the rest in the high court, and one in the Supreme Court.” He added, “The official figure is 2,733 killed, and not at one place, but at least at a hundred places. So, there would be at least 10,000 people who were responsible for killing them. Until now how many are punished? Four murder cases, and hardly 50 people punished in cases related to the riots.”

The pursuit of justice has been riddled with systemic delays and political roadblocks. Phoolka, who has been at the forefront of this fight, describes the riots as a turning point in India’s judicial landscape. “There was a constant effort to shield the accused and even reward them for their crimes,” Phoolka said, adding that the criminalisation of politics began with the 1984 riots. Before this, politicians relied on criminal supporters, but the riots marked the first instance of leaders themselves becoming perpetrators, setting a dangerous precedent.

“If those guilty of the 1984 riots had been punished, we wouldn’t have seen Mumbai riots, we wouldn’t have seen Gujarat and we wouldn’t have seen what’s happening now. Rather than strengthening the legal framework, the forces responsible have learned how to hush up cases and shield the guilty.”

Phoolka explained how the legal system faltered repeatedly, with cases left unregistered, statements manipulated, and investigations scuttled. “If victims named influential leaders, the police would alter their statements. The entire system collapsed.” According to the Nanavati Commission Report, a total of 587 FIRs were registered in Delhi related to the riots. Of these, about 240 cases were shut by the police as untraced, and about 250 resulted in acquittals. In 40 years, four commissions, nine committees, and two special investigation teams (SIT) have been established to probe these cases.

The Supreme Court, too, showed little interest for decades. “It wasn’t until January 2018—34 years later—that the Supreme Court appointed an SIT to reinvestigate cases. Until then, the judiciary largely ignored the issue,” said Phoolka. Reflecting on the significance of justice after four decades, Phoolka said that the passage of time should not allow perpetrators to escape accountability. “What is commonly said is that justice delayed is justice denied, but just because of delay, the perpetrators should not go scot-free. Even 40 years later, the pursuit of justice is about ensuring accountability and creating a society where no one is above the law.”

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He highlighted the importance of instilling the fear of law in those in power, ensuring they understand that their crimes will catch up with them, even if decades later, just like in the cases of Sajjan Kumar and Jagdish Tytler. These cases also exhibit a certain degree of arbitrariness, revealing a lack of uniformity in legal outcomes. Paramjeet Singh, secretary, People’s Union for Democratic Rights (PUDR), echoed this sentiment: “Sajjan Kumar was initially acquitted of all charges by a lower court. But later, Justice S. Muralidhar of the Delhi High Court, relying on the same witnesses and evidence, found him guilty. How do we interpret such contradictions?”

While justice has been delayed, the efforts by various governments towards rehabilitation are yet to yield any tangible outcomes. “It is evident that they [families of the victims] have received nothing in the name of rehabilitation. In 1984, some widows got jobs. But if we talk about the growth and development of these families, nothing concrete has been done for them,” said Singh. 

Efforts towards compensation and rehabilitation have been riddled with inefficiencies, sporadic implementation and systemic neglect. According to Phoolka, the compensation given had little impact on the families as it was disbursed in bits and pieces over 35 years. “If it had been given in one go, families might have been able to rebuild their lives by starting businesses or other ventures. Many jobs offered to survivors were low-paying,” he pointed out.

In November 1984, the Ministry of Home Affairs (MHA) announced a Rs.10,000 relief package to the next of kin of each person who died in Delhi riots. This compensation was revised to Rs.20,000 in 1986 and then to Rs.3.5 lakh (excluding the amount already paid) in 1996. In 2006, the MHA introduced a rehabilitation package, which included ex gratia payments of Rs.3.5 lakh for death victims and Rs.1.25 lakh for those injured. Additionally, the scheme promised a lifelong pension of Rs.2,500 per month for widows and elderly parents of those killed. In 2014, the Central government enhanced the compensation to Rs.5 lakh to the next of kin of the deceased persons. 

Established as a rehabilitation colony for the victims of the riots, Tilak Vihar’s “Widow Colony” remains in dire condition even after four decades. Around 944 houses were allotted to families of victims across Delhi: but ownership rights remain elusive, according to the National Commission for Minorities. Some promised relaxations were never fulfilled either. “Some governments will say that we will not charge you for electricity, but then the next government would impose arrear bills. Some families have arrear electricity bills running upto Rs.3 lakh. These families cannot pay such exorbitant bills,” said Singh.

Even after four decades, the residents of Tilak Vihar await justice. The roads leading to Block C of the rehabilitation colony display flex banners paying tribute to those who lost their lives in the carnage. These banners stand as poignant reminders of lasting pain and the judicial system’s failure to deliver justice to those in need. For the first and second-generation survivors, it is still a fight for justice, as it was 40 years ago.

Phoolka reflected on their plight, noting that even the third generation of survivors continue to struggle with the aftermath of the carnage: “The children of those who died were in trauma. There has been a total failure in their rehabilitation and counselling. They couldn’t study or work properly. Now, they want the next generation to have the opportunity to study. These jobs won’t erase the trauma, but they can provide some relief.”

While government efforts to provide relief have been negligible, civil society, community-based organisations, and pro-bono lawyers have been the backbone of this fight for justice. The second and third generations have grown disillusioned, having seen no meaningful progress towards justice in many years, but the wives of those who lost their lives still place significant trust in the judicial system. Whenever there is some progress in the ongoing cases, a spark of hope lights up their faces.

Paramjeet Singh of the Peoples’ Union for Democratic Rights underscored the gravity of the situation: “Although in the second or third generation, some have lost all hope and say, ‘Bebe tum kyu jati ho court? Waha se kuch nahi milne wala’ (Why do you go to court, mother? Nothing will come from it); but these elderly women still go to courts every month to show the judicial system that they are still seeking justice.”.