Responses to Information Requests

Research Directorate, Immigration and Refugee Board of Canada

This Response replaces Response to Information Request IND200932 of May 2023.

1. Overview

According to India's 2011 census [1], there were 20,833,116 Sikhs among the country's total population of 1.21 billion [2] (India 2011) [representing 1.7% of the population (India 2015-08-25)]. The 2011 census indicates that the majority of Sikhs reside in Punjab, with a population of approximately 16 million Sikhs in that state (India 2011). In a 2022 text on Sikh nationalism, scholars Gurharpal Singh [3] and Giorgio Shani [4] cite growth projections since the 2011 census to estimate that there are roughly 23 million Sikhs in India (Singh & Shani 2022, 1). They further estimate that 78% of these Sikhs live in Punjab, representing 58% of the state's residents (Singh & Shani 2022, 1). Similarly, based on estimates by the Indian government, the US Department of State's International Religious Freedom Report for 2023 indicates that 54% of Punjab's population is Sikh (US 2024-06-26, 7).

A 2023 report by Australia's Department of Foreign Affairs and Trade (DFAT) notes that Sikhs reside all across India, with "significant" populations in Haryana, Delhi, Rajasthan, Uttar Pradesh and Uttarakhand, in addition to Punjab (Australia 2023-09-29, para. 3.60). Singh and Shani note that "[c]oncentrated" communities of Sikhs live in the states of Haryana, Rajasthan, Uttar Pradesh and Himachal Pradesh, as well as in most large cities (2022, 1). Similarly, according to a joint response provided to the Research Directorate in 2019 by a representative of the World Sikh Organization (WSO) of Canada, an organization promoting the interests of Canadian Sikhs (WSO n.d.a), and an associate professor of Indian religions at Carleton University, there are large Sikh communities in the states that border Punjab, such as Jammu, Rajasthan, Haryana and Himachal Pradesh (WSO & Associate Professor 2019-05-03). The 2011 census reports the largest Sikh populations in states outside of Punjab as follows:

State or Territory	Sikh Population
Haryana	1,243,752
Rajasthan	872,930
Uttar Pradesh	643,500
Uttarakhand	236,340
Jammu and Kashmir	234,848
Maharashtra	223,247
Madhya Pradesh	151,412
Chandigarh	138,329
Himachal Pradesh	79,896

(India 2011).

According to the joint response from the WSO and the Associate Professor, India has "several urban centres with sizable Sikh communities," such as Delhi and Udham Singh Nagar in the state of Uttarakhand, and "[a]lmost every major Indian city has a Sikh community" (2019-05-03). The census indicates that there are 570,581 Sikhs in the National Capital Territory of Delhi (India 2011). The WSO representative and the Associate Professor noted in their joint response that "[c]ommunities of Sikhs in other states may be ethnically homogenous, such as Sikligar Sikhs or Assamese Sikhs" (2019-05-03).

1.1 Sikh Separatism, Including the Movement for Khalistan

An April 2023 Washington Post article states that for some people "Khalistan means something short of an independent state" and is "more of a slogan" to coalesce the Sikh community around religious tenets and to support the community's political interests (2023-04-16). In correspondence with the Research Directorate, a professor of Sikh studies at the University of Birmingham in the UK, whose research topics include Sikh theology and identity in the diaspora, stated that within India, Khalistan "is largely understood as a utopian ideal" and whether it involves land is under "debate" (Professor 2025-11-08). In an interview with the Research Directorate, a scholar of South Asian traditions and languages at Harvard University and co-founder of the Sikh Coalition [5], speaking on their own behalf, noted that while the idea of Khalistan "necessarily implies" the quest for an "independent state," what type of independent state this would be is "fuzzy," and means different things to different people, with some supporters seeking a secular state and others seeking a Sikh theocracy (Scholar 2024-04-29). In a 2025 interview with the Research Directorate, an associate professor at Hiram College in Ohio, who has conducted research on the Sikh separatist movement and the politics of India, indicated that Sikhs who would be "satisfied with a semi-autonomous Punjab with the right to confederate" with India are "unlikely" to use the word "Khalistan" to describe their position; when an Indian Sikh uses the term "Khalistan," the "overwhelmingly dominant interpretation is as a call for a separate Sikh state" (Associate Professor 2025-04-25).

The scholar stated that among the Sikh diaspora in Canada [including those unsupportive of the separatist movement], Khalistan is understood to mean "an independent state in the Punjab" (2024-04-29). The Professor similarly noted that in the diaspora, Khalistan "is viewed more concretely as a political project advocating for a separate Sikh state" (2025-11-08).

An article by CNN indicates that the "Khalistan movement is outlawed" in India and deemed by Indian authorities to be a "grave national security threat" (2023-03-20). The Australian DFAT report notes that some organizations associated with the Khalistan movement are banned in India (Australia 2023-09-29, para. 3.97). The scholar noted that the Khalistan movement is "not pronounced at all" inside Punjab; it "exists in pockets" there, and amongst certain political parties, but it is "not as pronounced as it used to be" (2024-04-29). Australia's DFAT notes that the "Khalistan separatist movement" "has now been mostly su[p]pressed within India," though "low-level tensions" remain, and violence does "still occasionally flar[e] up" (Australia 2023-09-29, para. 3.95). The same source adds that there are "continued calls for compensation for the Sikhs killed in violence" (Australia 2023-09-29, para. 3.95). When asked about the state of the Khalistan movement in Punjab, the Associate Professor noted that, as of April 2025, the "active movement" is presently "not very large," but that such movements "wax and wane" (2025-04-25). The source further stated that there is "real" "potential" for a "larger, revived" Khalistan movement in Punjab, pointing to the electoral victory of Amritpal Singh [see section 5 of this Response] as one example (Associate Professor 2025-04-25). Similarly, according to a CBC reporter appearing on the CBC podcast Front Burner, although the Indian government has "defeated" Khalistani ideology at home, it is "always worried" that it could "spring back into India," particularly since it "remains alive in the diaspora" (CBC 2025-11-25).

The CNN article states that the movement retains "a level of support" among "some" Sikhs in India and abroad (2023-03-20). The Associate Professor indicated that most supporters of a sovereign Sikh state are based either overseas or in Punjab and added that Sikhs elsewhere in India, where they are a minority, tend to be more cautious on such issues (2025-04-25). The Australian DFAT report indicates that a "small number" of Sikhs, "predominantly overseas," are "involved" in the "'Khalistan' separatist movement" (Australia 2023-09-29, para. 3.62). The Professor stated that "the demand for Khalistan is largely a diaspora phenomenon" (2025-11-08).

In a survey published in 2021, the Pew Research Center [6] carried out in-person interviews with 29,999 adults living in India between November 2019 and March 2020, including 1,782 people who identify as Sikh; the survey reported that 95% of Sikh respondents indicated they are "very proud" to be Indian, and 70% agreed that "a person who disrespects India cannot be a Sikh" (Pew Research Center 2021-06-29, 221, 55).

An article by the Washington Post reports that many in Punjab believe the "threat" of a Khalistan separatist movement is "overblown" (2023-04-16). Similarly, interviewed by the Financial Times (FT) [7], the Executive Director of the Institute for Conflict Management (ICM) [8] states that the Khalistan movement has been portrayed in the "pro-government media" in a way that is "'far out of proportion to the actual threat'" (FT 2023-04-03). When asked if Indian authorities inflate the threat of militancy in the Khalistan movement, the Professor replied that they do, adding that before 2014 the Khalistan movement was "quiet in political discourse," but has since gained greater prominence because the government's attention on it has "inadvertently" made it "more visible" (2025-11-08).

The Australian DFAT report notes that in "recent decades," violence associated with the "Khalistan separatist movement" is "not common," with politics in Punjab "generally peaceful" (Australia 2023-09-29, para. 3.94). The Professor indicated that political protests by Sikhs in Punjab "rarely use the term Khalistan," and instead focus on "practical issues such as improving education and eradicating drugs" (2025-11-08). The same source indicated that although "conversations" regarding the movement "may" occur "behind closed doors," in their opinion "most" people in Punjab are "focused on everyday concerns rather than separatist activism" (Professor 2025-11-08). Further, the source added that Sikh religious leaders in India "largely … tend" not to "emphasize Khalistan or separatist issues" or "dwell on them in public discourse" (Professor 2025-11-08).

The Australian DFAT report states that unnamed sources they consulted "consistently" indicated that "ordinary residents of Punjab perceive the Khalistan movement as something … discussed in the diaspora abroad more than in Punjab"; within Punjab, the topic "may" come up in the context of state elections, but "even then" such conversations are not "widespread" (Australia 2023-09-29, para. 3.96). Similarly, according to an article by CBC, "much" of the Sikh population in Punjab "feels as though the push for independence is far from their reality" (2023-09-29).

2. Legislation

The Constitution of India provides the following:

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—

1. access to shops, public restaurants, hotels and places of public entertainment; or
2. the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

…

16. Equality of opportunity in matters of public employment.—(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

…

25. Freedom of conscience and free profession, practice and propagation of religion.—(1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—

1. regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
2. providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I.—The wearing and carrying of kirpans [9] shall be deemed to be included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

26. Freedom to manage religious affairs.—Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

1. to establish and maintain institutions for religious and charitable purposes;
2. to manage its own affairs in matters of religion;
3. to own and acquire movable and immovable property; and
4. to administer such property in accordance with law.

…

Cultural and Educational Rights

29. Protection of interests of minorities.—(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

30. Right of minorities to establish and administer educational institutions.—(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

…

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. (India 1950, emphasis in original)

The information in the remainder of this section was provided in the US International Religious Freedom Report for 2023:

Under the Constitution of India, Sikhs are subject to laws and legislation concerning Hindus, such as the Hindu Marriage Act. All subsequent Indian legislation continues to use the category "Hindu" to include Sikhs. Under federal law, Sikhs have official minority status, and the Constitution requires the government to "protec[t] religious minorities and enabl[e] them to preserve their culture."

Prime Minister Modi [has] reiterated calls to enact a Uniform Civil Code (UCC) at the national level as called for in the constitution instead of a system of separate personal laws for religious communities. Muslim, Sikh, Christian, and tribal leaders and some state government officials opposed the initiative on the grounds it was part of a project to turn the country into a "Hindu Rashtra" (a Hindu Nation).

Indian law provides for the registration of Sikh marriages but does not set out divorce provisions for Sikhs; for Sikhs, divorce and other matters of personal status fall under Hindu codes (US 2024-06-26, 11, 12, 2, 13).

3. Treatment of Sikhs by Society

For information on the treatment of Khalistan supporters, or people perceived as such, by authorities and by society, see section 6 of this Response. For information on the treatment of Khalistan supporters, or people perceived as such, abroad by authorities, see section 7 of this Response.

In a 2022 interview with the Research Directorate, an emeritus professor at Oxford Brookes University in the UK, who conducted research on Indian capitalism with emphasis on human rights in Punjab, stated that since 1984, "prejudice" against Sikhs has become "very deep rooted" (Emeritus Professor 2022-04-29). In contrast, the Associate Professor stated, in a 2022 telephone interview with the Research Directorate, that there might be "rare cases of religious discrimination," but Sikhs "generally" do not face "systematic problems in India based on their identity" (Associate Professor 2022-05-04). In the 2021 Pew Research Center survey, 82% of Sikh respondents said they are "very free" to practice their religion (2021-06-29, 57). Of the survey's Sikh respondents, 14% felt that "Sikhs face a lot of discrimination in India," and 18% indicated that they had personally faced religious discrimination in the preceding year (Pew Research Center 2021-06-29, 55).

According to the Australian DFAT report, Sikhs "are sometimes the perpetrators of discrimination and violence," though such violence remains "very uncommon" (Australia 2023-09-29, para. 3.98). The Pew Research Center survey reported that 78% of Sikh respondents agreed that "communal violence" is a "major issue" in India (2021-06-29, 55).

4. Treatment of Sikhs by Authorities

The Professor stated that, for "the past few years," anti-Sikh discrimination has become "more pronounced," noting that "the State portrays Sikhs as extremists who want to break up India" (2025-11-08). The same source added that although Indian authorities focus much of their attention on Sikhs in the diaspora, this attention nevertheless has a "negative impact" on Sikhs in India (Professor 2025-11-08).

The US Department of State's Country Reports on Human Rights Practices for 2023, citing "a number of press and civil society reports," notes instances of "representatives of political parties" deploying "disinformation tactics" against religious minorities, including Sikhs, "sometimes depicting them as security threats" (US 2024-04-22, 74).

A 2023 report by the UK Home Office indicates that Sikh political parties are "generally able to operate unhindered by the state" and participate in election processes (UK 2023-12, para. 3.2.4). The Australian DFAT report notes that there are "very senior" Sikhs in Indian politics (Australia 2023-09-29, para. 3.61). The same source states that Sikhs are "well represented" in the military (Australia 2023-09-29, para. 3.61). The Australian DFAT report indicates, however, that because the Indian Constitution treats Sikhs as though they are Hindus, some Sikhs feel their beliefs to be "not properly recognized" as a religion by the Indian government (Australia 2023-09-29, para. 3.62).

5. Sikh Separatist Movement

5.1 Sikh Separatist Organizations

The UK report notes that India's Unlawful Activities (Prevention) Act, 1967 includes provision on membership in, or support for, "terrorist organizations" (2023-12, para. 9.1.1). A copy of the Unlawful Activities (Prevention) Act, 1967, amended most recently in 2019, is available on the government-run legal repository website, India Code (India 1967).

India's Ministry of Home Affairs maintains a list of "[t]errorist [o]rganizations" as designated under section 35 [10] of the Unlawful Activities (Prevention) Act, 1967, available on its website (India [2024-10]). The list includes the following Khalistan-related groups:

• Babbar Khalsa International (BKI)
• Khalistan Commando Force
• Khalistan Zindabad Force
• International Sikh Youth Federation (ISYF)
• The Khalistan Liberation Force "and all its manifestations"
• Khalistan Tiger Force (KTF) "and all its manifestations and front organisations" (India [2024-10]).
  
  

India's Ministry of Home Affairs maintains a list of "[u]nlawful [a]ssociations" as designated under subsection 3(1) [11] of the Unlawful Activities (Prevention) Act, 1967, available on its website (India [2025-03]). The list includes Sikhs for Justice (SFJ) (India [2025-03]). Also available on the Ministry's website is a list of individual "[t]errorists" as designated under section 35 of the Unlawful Activities (Prevention) Act, 1967 (India [2024-03]). That list includes Gurpatwant Singh Pannun [12], Hardeep Singh Nijjar [13], and Paramjit Singh [14] (India [2024-03]).

Sources note that BKI is identified as a terrorist organization by the governments of both Canada (Canada 2025-09-29) and the UK (UK 2025-07-11). According to the UK Home Office website, the ISYF was previously listed as a proscribed terrorist organization in the UK but was removed from the list in 2016 (UK 2025-07-11). As of September 2025, the ISYF remains on Canada's list of terrorist entities (Canada 2025-09-29).

In a 2025 report on money laundering and terrorism financing in Canada, the Department of Finance Canada notes that law enforcement and intelligence agencies have "observed" "financial support originating from Canada" being sent to BKI and the ISYF (Canada 2025, 61). The same source adds that there was "previously … an extensive fundraising network in Canada" for "violent" "Khalistani extremist groups"; however, that network "appear[s] to" have broken down into "pockets of individuals with allegiance to the cause but seemingly no particular affiliation to a specific group" (Canada 2025, 62).

Sources report that in July 2025, the US FBI arrested 8 individuals of "Indian origin" as part of a gang-related kidnapping and torture investigation (WION 2025-07-13; ThePrint 2025-07-14). According to sources, among those arrested was an individual wanted by India's National Investigation Agency, who is either "linked" to BKI (WION 2025-07-13; ThePrint 2025-07-14) or a "key member" of BKI (Hindustan Times 2025-07-13). Some Indian media outlets describe all 8 of the individuals as "Khalistani terrorist[s]" (TOI 2025-07-13; Hindustan Times 2025-07-13).

Sources note that in April 2025 in Sacramento, California, FBI agents arrested an individual alleged by Indian authorities to be a member of BKI (CBS News 2025-04-18; BBC 2025-04-18).

5.2 Diasporic Support for Khalistan, Including Organizations Abroad

According to Singh and Shani, "[v]ocal elements in the diaspora" began "openly call[ing]" for an "independent state of Khalistan" following Operation Blue Star—"the most critical event in the history of Sikhs in post-independence India"—and its aftermath (2022, 132). A CBC article indicates that Operation Blue Star was a June 1984 Indian military operation in which Indian soldiers entered the Golden Temple in Amritsar—"the holiest" of Sikh religious sites—to "flush out militant separatist Sikh leader Jarnail Singh Bhindranwale and his armed followers," who were "barricaded" inside the temple (2024-06-09). Singh and Shani report that casualties—both military and civilian—of the operation numbered in the hundreds or thousands, and that Bhindranwale was among those killed (2022, 133).

Singh and Shani indicate that following Operation Blue Star, "widespread demonstrations" took place amongst the Sikh diaspora abroad, with "large crowds" in major cities in the UK, the US, and Canada expressing their anger and professing "'Khalistan zindabad' ('Long live Khalistan')" (2022, 135, italics in original). The same authors write the following concerning the evolution of the Sikh separatist movement in the diaspora:

Before 1984, the campaign for a separate Sikh state was viewed as a quixotic effort by a malcontent ex-politician from the Punjab, Dr [Jagjit Singh] Chauhan, and his small group of followers. Diaspora politics closely resembled those of the homeland … . Most working-class Sikhs joined [local Indian Workers' A]ssociations, championed class politics and saw no contradiction between Sikh ethnicity and Indian nationality. Sikhs were and considered themselves to be part of a larger Punjabi and Indian diaspora.

All this changed with 1984. If the politics of homeland were marginal in the diaspora before 1984, they took centre stage thereafter. Traditional political formations were swept away by a tidal wave of anger. Several "governments in exile" were formed. The task of representing the case for a separate state of Khalistan was undertaken by the Khalistan Council UK (KC), the WSO (USA), the Council of Khalistan (CK) in North America, [BKI] and the [ISYF]. (Singh & Shani 2022, 196–197, citations omitted)

According to Singh and Shani, the WSO was founded in the US in 1984 (2022, 199). The same source indicates that the WSO was the second most important of the "nationalist organizations" among the diaspora in the 1980s and 1990s; it was "primarily" based in North America with branches in New York and Ottawa (Singh & Shani 2022, 198). The source further indicates that the WSO's "[a]ffiliat[e] in the Punjab" was the First Panthic Committee [15] (Singh & Shani 2022, 198). As of 2025, the WSO website's "About" page only mentions WSO Canada (WSO n.d.b). Information on the WSO's US branch published after 2022 could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

For information on SFJ, including the situation and treatment of its members by authorities, see Response to Information Request IND201492 of May 2023. CNN reports that in February 2024, a bullet hole was discovered in a window at an SFJ activist's home in Brampton, Ontario, shortly after he announced a planned Khalistan rally (CNN 2024-02-13). According to Global News, the same individual—who assumed coordination of the SJF's Khalistan referendums in Canada after the previous coordinator, Hardeep Singh Nijjar, was killed in British Columbia in 2023—was informed by the Ontario Provincial Police in August 2024 that "his life was in danger" (Global News 2024-08-27). Sources indicate that in November 2024, the same man was arrested and charged with assault with a weapon in connection with violent skirmishes occurring outside of a Hindu temple in Brampton, Ontario (The Guardian 2024-11-17; Mint 2024-11-10). Sources report that the man was arrested again in September 2025, on firearm-related charges (Global News 2025-09-22; Reuters 2025-09-22; ThePrint 2025-09-23).

5.2.1 Referendums

Sources report that SFJ has held the following "Khalistan referendums" globally:

• Australia
  
  • Melbourne, 2023 (Zócalo Public Square 2023-12-12)
  • Brisbane, 2023 (SFJ [2025])
  • Sydney, 2023 (SFJ [2025])
• Austria
  
  • Vienna, 2022 (SFJ [2025])
• Canada
  
  • Brampton, Ontario, 2022 (Zócalo Public Square 2023-12-12; SFJ [2025])
  • Mississauga, Ontario, 2022 (SFJ [2025])
  • Toronto, Ontario, 2022 (SFJ [2025])
  • Surrey, British Columbia, 2023 (Zócalo Public Square 2023-12-12; SFJ [2025])
  • Calgary, Alberta, 2024 (SFJ [2025])
  • Ottawa, Ontario, 2025 (CBC 2025-11-25)
• Italy
  
  • Brescia, 2022 (Zócalo Public Square 2023-12-12)
  • Rome, 2022 (SFJ [2025])
  • Casalmorano, Cremona, 2022 (SFJ [2025])
  • Novellara, Reggio Emilia, 2022 (SFJ [2025])
• New Zealand
  
  • Auckland, 2024 (SFJ [2025])
• Switzerland
  
  • Geneva, 2021 (Zócalo Public Square 2023-12-12; SFJ [2025])
• UK
  
  • London, 2021 (Zócalo Public Square 2023-12-12; SFJ [2025])
  • Slough, Berkshire, 2021 (SFJ [2025])
  • Birmingham, 2021 (SFJ [2025])
  • Gravesend, Kent, 2021 (SFJ [2025])
  • Leicester, 2021 (SFJ [2025])
  • Sunderland, 2021 (SFJ [2025])
  • Lutton, 2022 (SFJ [2025])
  • Leeds, 2022 (SFJ [2025])
• US
  
  • San Francisco, California, 2024 (SFJ [2025])
  • Sacramento, California, 2024 (SFJ [2025])
  • Los Angeles, California, 2025 (SFJ [2025])
  • Washington, DC, 2025 (SFJ [2025])
    
    

SFJ's referendum website indicates that the event is based on a vote on the following question: "'Should Indian Governed Punjab Be [a]n Independent Country?'" (SFJ n.d.). According to the scholar, the referendums organized by SFJ are "largely symbolic" and have no "real consequence" but are designed to "show there is a demand for this idea in the diaspora" (2024-04-29).

In correspondence with the Research Directorate, a teaching professor in Sikh studies at the University of Calgary noted that SFJ does not provide any documentation or voter cards to Sikhs following their participation in a referendum (2025-04-23). The scholar noted, however, that there is a registration card that must be filled out to vote in one of SFJ's referendums (2024-04-29). A blank referendum ballot for an SFJ Khalistan referendum is available in an article from Zócalo Public Square [16] (2023-12-12). A voter registration form for the "Punjab Referendum 2020" is also available on SFJ's referendum website (SFJ 2020-07-04).

The Teaching Professor stated that SFJ has "enlisted the help of independent and non-aligned democracy and political experts to ensure that the voting is conducted in a free, fair, and transparent manner"; these experts have formed the Punjab Referendum Committee, which has been in "sole control of the documentation process" throughout the referendums and which retains all related documentation and voter cards (2025-04-23).

6. Treatment of Sikh Separatists or Khalistan Supporters, or People Perceived as such, in India, Including in Punjab

6.1 Treatment by Authorities

The Associate Professor stated that Indian laws which provide for "preventative detention," including the National Security Act, 1980 and the Unlawful Activities (Prevention) Act, 1967, are sometimes used to treat non-violent supporters of the Khalistan movement; such supporters are "ofte[n]" "detained but eventually let off" (2025-04-25).

The scholar noted that when authorities "haras[s]" Sikh individuals for their affiliation to a pro-Khalistan party and participation in a Khalistan protest, this "harassment" can range from a warning by police to detainment by police in a jail cell (2024-04-29). The same source added that in such circumstances, an individual's family may also be "harassed" (Scholar 2024-04-29).

The scholar further noted that when detaining a suspected Khalistan supporter, Punjab police have "generally" done so "without filing formal arrest charges"; although they are obligated to file a First Information Report (FIR) [17], in such cases the FIR is generally delayed or not filed at all (2024-04-29). The same source added that "torture" while in Punjab police custody has also been documented by some human rights observers (Scholar 2024-04-29). Further and corroborating information on the torture of Sikhs in Punjab police custody or police treatment of Khalistan supporters could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. However, Indian media articles from 2025 report allegations of "custodial torture" perpetrated by Punjab police (Hindustan Times 2025-11-14; Punjab News Express 2025-10-26). Sources also report that custodial "torture" in India is "routin[e]" (OMCT 2024-05-31) or "pervasive" (Kumar & Dhruv 2025-06-27, 155).

When asked about the meaning of the term "militant" when used by Indian authorities to describe Sikhs that they perceive to be affiliated with the Khalistan movement, the Teaching Professor stated that "militant" is a term "used to criminalize Sikh activists" and people seeking "greater rights and freedoms" from within India or from abroad; it "often involves accusations of being a Khalistani" and of "working under the influence" of Pakistan's Inter-Services Intelligence agency (2025-04-23). The scholar, in response to the same question, stated that the Indian state uses the term "militant," or more frequently "terrorist," to "classify anyone who believes in the idea of Khalistan" (2024-04-29).

When asked to describe the treatment of Sikhs in Punjab who support Khalistan, the Associate Professor noted that being a supporter of Khalistan does not necessarily mean that a person will be targeted by authorities, but it "certainly increases" the likelihood of such targeting, particularly if the government "feels there is a growing threat to national security or national unity" (2025-04-25). The same source added that individuals belonging to the Shiromani Akali Dal (Amritsar) (SAD(A)) political party [18] or to Dal Khalsa—both of which are "above-ground" pro-Khalistan organizations that "make clear they are they are non-violent"—are "sometimes" arrested by authorities, but treatment can vary, and there is no "hard and fast rul[e]" that authorities will target such individuals (Associate Professor 2025-04-25). The Associate Professor noted that SAD(A) holds "regular rallies," is registered with the Election Commission of India and "openly participate[s]" in elections (2025-04-25).

When asked to describe the treatment of alleged Khalistan supporters who reside in India but outside of Punjab, the Professor stated that "irrespective of location," any Sikh person who is "raising the issue of a separate state can attract scrutiny or legal trouble" (2025-11-08).

The Associate Professor further noted, however, that Sikhs who advocate for achieving Khalistan through violent means are "definitely" targeted, arrested, and prosecuted by authorities (2025-04-25). An article by ThePrint, an India-based digital news platform (ThePrint n.d.), reports that in November 2022, officers of India's National Investigation Agency arrested an alleged member of the BKI terrorist organization at Delhi's international airport as he attempted to return to the country from Pakistan via Thailand (2022-11-20). The same article notes, citing an anonymous source, that the man had an [INTERPOL] red notice issued against him in February 2022 at the request of Indian authorities and that he is alleged to have been involved in "terror attacks in India" (ThePrint 2022-11-20).

The information in the following paragraph was provided by the Teaching Professor:

It is "not uncommon" for Sikh returnees with failed asylum claims to be labelled as "Khalistani" and to "face consequences," given that refugee claims "may be" perceived as "anti-India." At the airport, returnees are "taken away by officers and questioned," with their belongings—including phones—possibly searched "indiscriminately." Anything found that is "perceived as being sympathetic to Sikh activism can lead to consequences," including "immediat[e]" arrest and detainment (2025-04-23). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The scholar indicated that if a person is "outspoken" in their support of Khalistan, "something is bound to happen," and authorities "generally" treat such individuals "extrajudicial[ly]"; as an example, the source noted the authorities' treatment of Amritpal Singh (2024-04-29).

Sources note that Amritpal Singh, the leader of Waris Punjab De [19], and an advocate for a separate Sikh state of Khalistan, was arrested by Indian police on 23 April 2023, following an extended "manhunt" (Al Jazeera 2023-04-23; BBC 2023-04-23; Scroll.in 2025-02-19). Al Jazeera and the BBC further report that Amritpal Singh was arrested under the National Security Act, 1980 (Al Jazeera 2023-04-23; BBC 2023-04-23), which, Al Jazeera adds, provides for those deemed a "threat to national security to be detained without charge for up to a year" (Al Jazeera 2023-04-23).

Sources report that in March 2023, authorities in Punjab "suspended" (Al Jazeera 2023-03-20; BBC 2023-03-20) or "largely cut off" (CBC 2023-03-22) mobile internet [and SMS (CBC 2023-03-22; Al Jazeera 2023-03-20)] in the state as part of their effort to apprehend Amritpal Singh (BBC 2023-03-20; CBC 2023-03-22; Al Jazeera 2023-03-20). According to sources, Amritpal Singh has "demand[ed] the creation of Khalistan" (Al Jazeera 2023-03-20) or has "spoken about the desire for a sovereign Sikh state" (CBC 2023-03-22). A CBC article notes that according to Punjab's "top police officer," Amritpal Singh "set up a militia" which was in possession of "rifles and bullet-proof jackets" recovered by police [in 2023] at the man's residence (CBC 2023-03-22). Sources further report that in February 2023, Amritpal Singh's supporters [and Singh himself (Al Jazeera 2023-03-20)] "stormed" (BBC 2023-03-20; CBC 2023-03-22) or "raided" (Al Jazeera 2023-03-20) a police station [with swords, knives and guns (Al Jazeera 2023-03-20)] to demand the release of one of his associates (BBC 2023-03-20; CBC 2023-03-22; Al Jazeera 2023-03-20). Sources also note that Punjab police made over 100 ["preventative" (CBC 2023-03-22; Al Jazeera 2023-03-20)] arrests of people believed to be associated with the man they were pursuing (CBC 2023-03-22; Al Jazeera 2023-03-20; BBC 2023-03-20). According to sources, on 21 March 2023 Punjab's Inspector-General of Police announced that a total of 154 people had been arrested in connection with the search for Amritpal Singh (ANI 2023-03-22; PTI 2023-03-21; SSN 2023-03-22). An article by the BBC, citing Punjab's Inspector-General of Police, indicates that 5 of Amritpal Singh's "associates" were "arrested and charged under India's stringent National Security Act" (BBC 2023-03-20). A "tentative list" of persons "arrested and detained" by Punjab authorities in March 2023 in relation to the manhunt, compiled by members of a Punjab law firm based "mainly" on court records, is available on a website hosted by Sikh Siyasat News (SSN) [20] (SSN 2023-03-22). The list, which contains the names—and, in some cases, the locations—of the 154 people "arrested" or "[d]etained" by authorities, notes the following:

• 5 individuals were "detained" under the National Security Act, 1980
• 11 individuals were arrested or detained under sections 279, 186, 506, 336, and 427 of the Indian Penal Code, and subsection 25(2) of the Arms Act [21]
• 4 individuals were arrested or detained under section 25 of the Arms Act
• 134 individuals were arrested or detained under section 107/151 of the Code of Criminal Procedure [22] (SSN 2023-03-22).
  
  

Sources report that in June 2024 Amritpal Singh won election to India's Lok Sabha, the lower house of the country's bicameral Parliament (Encyclopædia Britannica 2025-10-31), while imprisoned in Assam state under the National Security Act, 1980 (Deccan Herald 2024-06-04; Scroll.in 2025-02-19).

6.2 Treatment by Society

When asked to describe the treatment of Khalistan-affiliated Sikhs by the mainstream Indian media, the Professor stated that such individuals are "largely presented in a negative light" and added that the reporting on Sikh separatism "has been criticized as problematic and often lacking nuance," particularly on television networks, including NDTV (2025-11-08). The same source added that "sensationalism" is "especially pronounced" in coverage of such topics by India's televised media; networks tend to "exaggerate the threat or portray Khalistan sympathizers as inherently dangerous, contributing to public fear and stigmatization" (Professor 2025-11-08). The Associate Professor indicated that "many mainstream" television news outlets in India "conflate the terms 'activist'" and "'separatist'," and "oftentimes just use … 'terrorist' or 'militant'" as a "generic term" whether or not the individual advocates violence (2025-04-25). The same source added that because televised media is "largely dominated" by "large corporate houses" who are "typically aligned with" [the ruling] Bharatiya Janata Party (BJP), there is "very little critique of the official approach" of Indian authorities (Associate Professor 2025-04-25).

The Australian DFAT report notes that in April and May 2023, "protesters on either side" of the Khalistan separatism issue "clashed" over the arrest of a Sikh "separatist leader" [Amritpal Singh] (Australia 2023-09-29, para. 3.95). The same source adds that there were also "clashe[s]" in April 2022 between "protestors in favour of and against Khalistan separatism," resulting in 2 reported injuries (Australia 2023-09-29, para. 3.95).

7. Treatment by Authorities of Separatists or Khalistan Supporters, or People Perceived as such, Outside of India

An article by the Washington Post, citing information derived from US officials and a US indictment as well as "interviews with more than three dozen current and former senior officials" in the US, India, Canada, UK, Germany, and Australia, indicates the following:

The Indian intelligence service has ramped up its surveillance and harassment of Sikhs and other groups overseas perceived as disloyal to the Modi government, officials said. [O]fficers and agents [of the Indian government's spy agency, known as the Research and Analysis Wing (RAW)] have faced arrest, expulsion and reprimand in countries including Australia, Germany and Britain, according to officials who provided details to The Post that have not previously been made public. (The Washington Post 2024-04-29)

The Professor indicated that reports from the media and human rights organizations, as well as diasporic testimonials, "point to a coordinated effort by the Indian state to extend its reach beyond its borders and suppress dissenting Sikh voices abroad" through means including "alleged killings," "intimidation, surveillance, and indirect pressure on families remaining in India" (Professor 2025-11-08).

The Associate Professor noted, based on news media coverage, that there have been cases of "perceived Sikh human rights activists or perceived pro-Khalistan activists" in the US and Canada being denied visas to enter India (2025-04-25). The scholar stated that authorities attempt to "silence" Khalistan supporters abroad, including with threats of denying a visa to return to India, actual visa denials—including to residents of Canada, the US and the UK—and "intimidation" of family members residing in India (2024-04-29).

When asked if Sikh leaders in Canada or the US are monitored or tracked by Indian authorities, the Teaching Professor stated that they were, adding that reports on their "wealth, influence, and the political opinions they hold" are sent back to authorities in Delhi (2025-04-23). The Professor, when asked the same question, indicated that Indian authorities "are known to monitor and target" Sikh leaders in Canada, the US, and the UK, and "particularly those who are outspoken about Khalistan or critical of India's human rights record in Punjab" (2025-11-08).

The scholar indicated that "generally" to warrant monitoring or tracking from Indian authorities, a person would have to be "publicly known" or someone of "stature" (2024-04-29). However, the same source added that there have also been cases of non-prominent individuals who have been "targeted" by authorities following particular social media posts or speaking out in the media (Scholar 2024-04-29). The Associate Professor indicated that they were familiar with news media coverage of cases in which "people who appear to be either agents of the Indian government or supporters of the Indian government" "intimidat[ed]" Sikh activists in the US and Canada (2025-04-25). According to an opinion article by Pritpal Singh, a Sikh activist based in California, published in the California-based daily newspaper the Sacramento Bee, the religious leader at the author's local gurdwara was visited by "a man identifying himself as an Indian government agent [who] attempted to coerce" the leader into conducting surveillance of the worshippers there (Singh 2024-10-30).

The Professor stated that targets in Canada and the US include "high-profile Sikh figures," as well as anyone "publicly comment[ing] on or post[ing] content" associated with 1984's Operation Blue Star, "self-determination for Punjab, Khalistan," "rhetoric critical of the BJP or the Indian government," or "anyone advocating or symbolically supporting the idea of a separate Sikh state" (2025-11-08). The Teaching Professor identified similar categories of individuals that are targeted for surveillance in North America:

• people who are "outspoken about Sikh sovereignty, Khalistan, and human rights abuses";
• Sikh elected officials, who have the opportunity to "raise awareness of global Sikh issues";
• "respected and influential" leaders in the Sikh community, including academics, business owners and members of large gurdwaras; and
• individuals who use social media to "raise awareness" around Sikh issues (Teaching Professor 2025-04-23).
  
  

The Professor noted that "ordinary supporters" of the Khalistan movement, or mere attendees at pro-Khalistan events are "less likely to be tracked individually unless they become vocal online or develop a large following" (2025-11-08).

According to an October 2024 press release by the US Department of Justice (DOJ), with an associated "superseding indictment" that was unsealed on the day of the press release [available on the DOJ's website (US n.d.)], the DOJ filed charges against an employee of the Indian government, alleging "a plot to assassinate" a US citizen of Indian origin in New York City, who is a "vocal critic of the Indian government" and who "leads a U.S.-based organization that advocates for the secession of Punjab" (US 2024-10-17). The Washington Post article notes that the intended target was Gurpatwant Singh Pannun, of SFJ (2024-04-29). The same source adds that the assassination plan was "directed from and within" RAW, the Indian government's "spy agency" (The Washington Post 2024-04-29). The same article further indicates that the plot was approved by the RAW chief at the time, who—according to former senior Indian security officials cited by the article's authors—"was under extreme pressure to eliminate the alleged threat of Sikh extremists overseas" (The Washington Post 2024-04-29). The article adds that US spy agencies have "more tentatively assessed" that India's national security advisor, Ajit Doval, "was probably aware of RAW's plans to kill Sikh activists" (The Washington Post 2024-04-29).

7.1 Canada

The Teaching Professor indicated that alleged Khalistan supporters living in Canada experience the following treatment from Indian authorities:

• "regula[r]" threats, including of violence, to themselves and their families in Punjab and Canada
• "routin[e] intimidat[ion]"
• "trolling, [online] intimidation and social media bans"
• threats to "business interests and land holdings in Canada and India" (2025-04-23).
  
  

The Teaching Professor added that individuals critical of India's human rights record and anti-Sikh violence, and prominent members of the Sikh community in Canada, such as members of Parliament and members of gurdwara committees, face "similar" treatment, even when they are not active supporters of the Khalistan movement (2025-04-23). The same source further stated that

[i]t is not unusual for the Indian government's agencies to invent claims that an individual supports Khalistan, or is employed by the Pakistani Inter-Services Intelligence agency, in order to use their country's anti-terrorist laws … to call Canadian Sikhs terrorists simply for speaking out against India's human rights violations or questioning India's commitment to its humanitarian treaty obligations. Since the Farmers' Protest in Delhi, various Indian agencies have allegedly colluded with the Indian High Commission to target Sikhs through arson, extortion, kidnappings, and murder – the targeted individuals fall mainly under the categories mentioned [above]. (Teaching Professor 2025-04-23)

In an interview on the CBC podcast Front Burner, a CBC reporter noted that according to RCMP investigations, agents of the Indian government were believed to be extorting residents and business owners of South Asian origin in Canada, in an effort to "build a narrative that Canada was somehow out of control" and that this atmosphere of "lawlessness" was tied "to the presence of Khalistani agitators [and] Sikh separatists" (2025-11-25). The host of the podcast stated that there were over 100 reports of extortion in British Columbia's Lower Mainland region over the preceding year, and the reporter indicated that Canadian law enforcement believes that both general gang violence and agents of the Indian government are contributing factors (CBC 2025-11-25). The CBC reporter further noted that in cases of attempted extortion, when money is demanded but not paid, it can be followed by actions such arson or "drive-by shootings" (2025-11-25). According to the reporter, the RCMP alleges that the Indian government, rather than deploying its own intelligence agencies to conduct operations abroad, instead hires criminal gangs such as the Bishnoi gang [Lawrence Bishnoi gang] [23] to "sow chaos in other countries, to carry out assassinations of dissidents, to harass communities that they want to have some kind of control or influence over overseas" (CBC 2025-11-25).

An article by Global News, citing unnamed sources and information made public by the RCMP, notes the following:

Working from India's two largest consulates and its high commission in Ottawa, agents have been using extortion and cash to convince victims to conduct tasks for them, sources said.

Typically, members of the South Asian community were denied visas to return to India unless they did as they were instructed.

The jobs they were given included spying on individuals and Sikh organizations, and relaying the information back to handlers at India's diplomatic posts.

That intelligence was then fed back to India and used to target Khalistan activists and other opponents of the Modi government, according to sources.

Organized crime groups based in India were tapped to carry out the final part of the scheme: attacks ranging from arsons and drive-by shootings to killings. (Global News 2024-10-15)

The scholar indicated that family members in India of suspected Khalistan supporters based in Canada are "generally" threatened by local police; if the Canada-based family member continues to be involved with the Khalistan movement in Canada, police "might" detain the family members in India (2024-04-29). The Professor noted that if an individual "openly express[es] pro-Khalistan views" in Canada, they "may be monitored by Indian security services and their families in India may be subject to police questioning, intimidation, or harassment" (2025-11-08).

In October 2024, the RCMP released a statement on "violent criminal activity occurring in Canada with connections to agents of the Government of India," which includes the following:

Investigations have revealed that Indian diplomats and consular officials based in Canada leveraged their official positions to engage in clandestine activities, such as collecting information for the Government of India, either directly or through their proxies; and other individuals who acted voluntarily or through coercion.

Evidence also shows that a wide variety of entities in Canada and abroad have been used by agents of the Government of India to collect information. Some of these individuals and businesses were coerced and threatened into working for the Government of India. The information collected for the Government of India is then used to target members of the South Asian community. (Canada 2024-10-14)

The Teaching Professor further noted that Sikh leaders can face "repercussions" in Canada, and "most especially" when they attempt to travel to India (2025-04-23). The same source added that "many" Sikhs travelling to India from Canada have faced "extreme scrutiny" since the farmers' protests and the alleged assassination of Hardeep Singh Nijjar in 2023 (Teaching Professor 2025-04-23).

The Teaching Professor provided the following additional information:

When India profiles Sikhs, especially Sikhs in public roles, it seeks to determine whether they will align with the goals and political aims of the Indian state. It does so through pro-Indian organizations or the consulate. Individuals that represent these institutions will seek out prominent Sikhs and request that they participate in pro-Indian activities. Individuals who refuse are seen with skepticism. The Indian State has an army of people in IT cells that monitor what people like Sikhs say on social media and the internet as well.

…

[Indian authorities] see Sikh teachings as hostile to the aims of creating a Hindu-nation, a stated aim of the current regime, and thus they conduct surveillance on any Sikh with prominence and a leadership role who openly practices their faith—often seeking to defame or harm them.

… [I]n 2014 India's Canadian sleeper cells were reactivated and strengthened. Since then, the atmosphere has become particularly precarious and dangerous, such that simply being critical of the Modi regime can result in monitoring. We saw the worst of this with the alleged assassination of … Hardeep Singh Nijjar in 2023. This pattern of profiling has become rampant within Sikh communities in Canada, and many are greatly concerned about their safety given that mundane Sikh practices could [be] and have been interpreted as being hostile by Indian state agencies. (2025-04-23).

According to an October 2024 Washington Post article, Prime Minister Modi "has revived concerns about the supposed threat posed by Sikhs living abroad," and, alongside other Indian officials, has "frequently accused Canada … of harboring terrorists" (2024-10-14). The Teaching Professor states that

[i]n the eyes of the Indian state, Sikhs, unless they actively profess the opposite, are all supporters of the Khalistani movement and should be meted harsh treatment socially and legally anywhere they live but especially in Canada given Sikh Canadians' historical and continuing support for Sikh sovereignty. (2025-04-23)

The final report of the Foreign Interference Commission, appointed by the Government of Canada in 2023 (Foreign Interference Commission n.d.), notes the following:

India perceives Canada as not taking India's national security concerns about Khalistani separatism … sufficiently seriously. India focuses its foreign interference activities on the Indo-Canadian community and on prominent non-Indo-Canadians to achieve its objectives. This interference has targeted all levels of government. (Foreign Interference Commission 2025-01-28, 40)

In the summer of 2024, members of the Commission met 3 times with individuals from the Sikh Canadian community in conversations organized with the support of the Sikh Coalition (Foreign Interference Commission [2024]a; Foreign Interference Commission [2024]b; Foreign Interference Commission [2024]c). At the first such meeting [24], in which the Commission spoke with 4 Sikh Canadians—including some "outspoken critics" of India—certain respondents reported treatment including

• "attempts by Indian consulates in Canada to infiltrate Sikh and Hindu religious organizations to gather relevant information about community members";
• "routin[e] difficulties" accessing services from India's consulates for "outspoken Khalistani advocates and critics" of India's human rights record, especially when seeking a visa to travel to India;
• "coordinated disinformation and misinformation campaigns conducted on social media platforms, via online news environments and in-person, along with related online harassment including death threats";
• "false allegations" of belonging to terrorist organizations, with consequences including "threats to and extortion of their family members" in India (Foreign Interference Commission [2024]a).
  
  

In its third meeting, the Commission heard from 3 Sikh Canadians, some of whom described India's consulate using "the visa process to harass, blackmail, and incentivize behaviors in the Sikh Canadian community" (Foreign Interference Commission [2024]c). All 3 meeting summaries are available on the Commission's website (Foreign Interference Commission [2024]a; Foreign Interference Commission [2024]b; Foreign Interference Commission [2024]c).

7.1.1 Alleged Assassinations

A CBC article reports that in June 2023 Hardeep Singh Nijjar—a gurdwara leader and the organizer of a Khalistan referendum—was murdered in Surrey, British Columbia (2025-06-18). According to a report by the Canadian Security Intelligence Service (CSIS), in May 2024, 4 individuals were arrested and charged with the murder (Canada 2025-03, 40). A CBC article notes that the men charged in the alleged conspiracy to murder Nijjar are believed to be affiliated with the Bishnoi gang (2024-05-08). The CSIS report indicates that in October 2024 the RCMP announced that evidence pointed to "agents of the Government of India and criminal networks" working together "to sow violent activity in South Asian communities in Canada" (Canada 2025-03, 40). The report adds that in October 2024, Canadian officials expelled 6 Indian diplomats and consular officials to "disrupt this network" (Canada 2025-03, 40). The same CSIS report adds that the

[l]inks between the Government of India and the Nijjar murder signa[l] a significant escalation in India's repression efforts against the Khalistan movement and a clear intent to target individuals in North America. (Canada 2025-03, 40)

The October 2024 RCMP statement on "violent criminal activity occurring in Canada with connections to agents of the Government of India" includes the following:

Over the past few years, and more recently, law enforcement agencies in Canada, including the RCMP, have successfully investigated and charged a significant number of individuals for their direct involvement in homicides, extortions and other criminal acts of violence.

In addition, there ha[ve] been well over a dozen credible and imminent threats to life which have led to the conduct of Duty to Warn by law enforcement with members of the South Asian community, and specifically members of the pro-Khalistan movement. As a result, in February 2024, the RCMP created a multidisciplinary team to investigate and coordinate efforts to combat this threat. The team has learned a significant amount of information about the breadth and depth of criminal activity orchestrated by agents of the Government of India, and consequential threats to the safety and security of Canadians and individuals living in Canada. (Canada 2024-10-14)

Media reporting from November 2025 indicates that Canada authorities received the initial tip tying agents of the Indian government to Nijjar's assassination from the UK, one of its Five Eyes [25] partners, based on intercepted communications; subsequently, Canada corroborated the information with its own intercept and gathered further evidence (Global News 2025-11-07; Bloomberg 2025-11-05).

According to an article by the Guardian, in September 2023 an individual, allegedly connected to "Khalistani groups" and "on a wanted list by the Indian government," was shot dead in Winnipeg, Manitoba (2024-10-15). The article further notes that "Canadian investigators said they now believed the killing was on the instructions of Indian agents" (The Guardian 2024-10-15). In a September 2024 statement, the Winnipeg Police Service indicates that the killing was ruled a homicide and that the investigation is ongoing (Winnipeg 2024-09-21).

8. State Protection

8.1 Police Complaints Authorities (PCAs)

The information in this section was provided in a report by the Commonwealth Human Rights Initiative (CHRI) [26]:

A "landmark judgement on police reforms" handed down by the Supreme Court of India in 2006 states that all States and Union Territories must establish PCAs at both the state and district levels, to be led by retired judges and to function as "independent and dedicated oversight bodies" which conduct inquiries on complaints against the police, and provide a forum for citizens to seek redress against police wrongdoings.

The process undertaken by the State Police Complaints Authority (SPCA) in Punjab in response to a complaint against a police officer is described as follows based on The Rules for Conduct of Business of the Punjab State Police Complaints Authority, 2020 (2020 Rules):

• Upon receipt of the complaint, the Punjab SPCA examines it using several criteria, "including making a determination as to whether it is within the limitation period";
• Upon concluding prima facie that there is justification to proceed, the SPCA begins their investigation by way of an "in-house team, any other officer, a committee or government agency directed by the SPCA";
• Throughout this procedure, the complainant must be kept apprised by the SPCA which must provide "free duly authenticated copies" of the SPCA's orders;
• The language of the hearings in these investigations is Punjabi or English; should the complainant not speak either language, and not be able to hire a translator, "interpretation facility must be provided at the Authority's expense";
• Should neither the complainant nor the accused appear at the hearing, the SPCA can continue ex-parte.
  
  

The SPCA may recommend the registration of an FIR or the launch of a departmental investigation, as well as "direct" the government to pay damages to the victim. "[A]lthough the recommendations of the Punjab SPCA are not binding, the Department of Home Affairs is required to provide monthly status reports to the SPCA about the progress made on the recommendation or other appropriate action that is being taken."

Punjab's implementation of the SPCA was found to show a

significant dilution of the Apex Court's directives, [as] the definition of 'serious misconduct' does not include death in custody nor does it include rape/attempt to rape in custody. The authorities are also constrained from hearing complaints that pertain to incidents that occurred more than a year before the date of filing the complaint. The recommendations of the SPCA are not binding on the Government, although the 2020 Rules require the Government to issue an order in writing where it decides to deviate from the recommendation.

As well, contrary to the Supreme Court's 2006 recommendation that retired judges should lead the bodies, the Punjab SPCAs at both the state and district levels are headed by retired bureaucrats or police officers.

"[I]n effect, the authorities lack independence and powers to emerge as an effective remedy against police wrongdoings" (CHRI 2023-10-20, 1, 131, 133, 134, footnotes omitted).

8.2 National Commission for Minorities (NCM)

According to India's Ministry of Minority Affairs, the Indian government established the NCM under the National Commission for Minorities Act, 1992 (India n.d.a).

Section 9 of the Act, concerning the functions of the Commission, provides the following:

(1) The Commission shall perform all or any of the following functions, namely:—

1. evaluate the progress of the development of minorities under the Union and States;
2. monitor the working of the safeguards provided in the Constitution and in laws enacted by Parliament and the State Legislatures;
3. make recommendations for the effective implementation of safeguards for the protection of the interests of minorities by the Central Government or the State Governments;
4. look into specific complaints regarding deprivation of rights and safeguards of the minorities and take up such matters with the appropriate authorities;
5. cause studies to be undertaken into problems arising out of any discrimination against minorities and recommend measures for their removal; … . (India 1992, Sec. 9, italics in original)
   
   

According to the NCM, the complaints that this Commission receives are "mostly" related to "police atrocities, service matters, minority educational institutions and encroachments to religious properties" (India n.d.b). In a 2022 interview with the Research Directorate, a writer and journalist based in India who writes about Punjab's economic, political, and cultural context as well as Sikhism in that state, noted that the NCM "does not seem to be effective" in addressing the issues, and the state "does not take significant actions" to investigate cases (Journalist 2022-12-14). The same source further indicated that even when courts reach a judgement, "it is often too little, too late, or sentences are reduced" (Journalist 2022-12-14).

According to the annual report of the Punjab State Human Rights Commission (PSHRC) for 2022–2023, the PSHRC received 10,661 complaints between April 2022 and March 2023, 5,598 (52%) of which related to "police excesses"; among the police-related reports were 2,127 complaints for "failure to take lawful action," 1,029 for "abuse of power," and 667 for "false implication by the police" (Punjab [2023], 1).

In 2022 correspondence with the Research Directorate, an assistant professor at Doaba College in Punjab, whose research focuses on election studies and the Indian political system, noted that while states in India set up their own separate human rights commissions that are "quasi judicial in nature," "most … complaints do not reach them" since the general public either does not know that they exist or does not know "how to approach them" (Assistant Professor 2022-12-22). In a January 2023 telephone interview with the Research Directorate, the Associate Professor noted that the judicial process in India is "very lengthy," and people "without means" find it difficult to sustain their cases within the system (Associate Professor 2023-01-03).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] Sources report that India's most recent census dates from 2011 (CBC 2025-02-12; The Hindu 2025-06-09; Hindustan Times 2025-06-05).^[back]

[2] CBC notes that India has experienced "rapid" population growth since the 2011 census (CBC 2025-02-12). UN Population Fund estimates from 2024 place India's population at 1.44 billion people (UN 2024).^[back]

[3] Gurharpal Singh is Emeritus Professor of Sikh and Punjab studies at the University of London's School of Oriental and African Studies (SOAS) (University of London n.d.).^[back]

[4] Giorgio Shani is Professor and Chair of the Department of Politics and International Studies at the International Christian University (ICU) in Tokyo, Japan, and is the author of Sikh Nationalism and Identity in a Global Age (ICU 2025-08-31).^[back]

[5] Sikh Coalition is a nonprofit organization that advocates for the protection of Sikh civil rights across the US (Sikh Coalition n.d.).^[back]

[6] The Pew Research Center is a "nonpartisan fact tank" that conducts "data-driven" social science research including opinion polling (Pew Research Center 2021-06-29, 1).^[back]

[7] FT is a newspaper headquartered in the UK that focuses on business news (FT 2019-04-01).^[back]

[8] The ICM is a non-profit society that studies internal security problems in South Asia, including in India (SATP n.d.a). The ICM's projects include the South Asia Terrorism Portal (SATP), a database on terrorism (SATP n.d.b).^[back]

[9] Kirpan is "[a] term used in the Sikh faith for a small sword, worn in a sheath on a strap or belt. The kirpan is an article of faith [that] initiated Sikhs are supposed to wear at all times" (Australia 2020-12-10, 7).^[back]

[10] Section 35 of the Unlawful Activities (Prevention) Act, 1967 provides the following:

Amendment of Schedule, etc.—(1) The Central Government may, by [notification], in the Official Gazette,—

1. add an organisation to the [First Schedule] [or the name of an individual in the Fourth Schedule];
2. add also an organisation to the [First Schedule], which is identified as a terrorist organisation in a resolution adopted by the Security Council under Chapter VII of the Charter of the United Nations, [or the name of an individual in the Fourth Schedule], to combat international terrorism;
3. remove an organisation from the [First Schedule] [or the name of an individual from the Fourth Schedule];
4. amend the [First Schedule] [or the Fourth Schedule] in some other way.

(2) The Central Government shall exercise its power under clause (a) of sub-section (1) in respect of [an organisation or an individual only if it believes that such organisation or individual is] involved in terrorism.

(3) For the purposes of sub-section (2), [an organisation or an individual shall be deemed to be involved in terrorism if such organisation or individual]—

1. commits or participates in acts of terrorism, or
2. prepares for terrorism, or
3. promotes or encourages terrorism, or
4. is otherwise involved in terrorism. [(4) The Central Government may, by notification in the Official Gazette, add to or remove or amend the Second Schedule or Third Schedule and thereupon the Second Schedule or the Third Schedule, as the case may be, shall be deemed to have been amended accordingly.

(5) Every notification issued under sub-section (1) or sub-section (4) shall, as soon as may be after it is issued, be laid before Parliament.] (India 1967, Sec. 35, citations omitted, bold, italics and brackets in original) ^[back]

[11] Subsection 3(1) of the Unlawful Activities (Prevention) Act, 1967 provides the following:

Declaration of an association as unlawful.—(1) If the Central Government is of opinion that any association is, or has become, an unlawful association, it may, by notification in the Official Gazette, declare such association to be unlawful. (India 1967, Sec. 3(1), bold and italics in original) ^[back]

[12] Gurpatwant Singh Pannun, a dual Canadian and US citizen, is the founder and leader of SFJ (CBC 2025-10-09).^[back]

[13] Hardeep Singh Nijjar was the leader of SFJ in Canada and was shot dead outside of the Guru Nanak Sikh Gurdwara in Surrey, British Columbia in 2023 (CBC 2025-10-12).^[back]

[14] Paramjit Singh [Paramjit Singh Panjwar; also called Malik Sardar Singh] was the chief of the Khalistan Commando Force; he was shot and killed by unknown assailants in Lahore, Pakistan, in 2023 (Deccan Herald 2023-09-21; Mint 2023-05-07).^[back]

[15] Following Operation Blue Star in 1984, Panthic committees were created in an effort to improve coordination of operations amongst "militant Sikhs" (Singh & Shani 2022, 141, 146) These committees were "affiliated to overseas chapters of the Khalistan movement," and were the "main instruments for coordinating the activities of the armed groups" (Singh & Shani 2022, 141, 146).^[back]

[16] Zócalo Public Square is a California-based non-profit organization which promotes "vibrant public conversation" by hosting events and publishing interviews, columns and creative writing (Zócalo Public Square n.d.). The organization "frequently" partners with educational and cultural institutions or public agencies (Zócalo Public Square n.d.).^[back]

[17] For information on FIRs, including requirements and procedures to file one, see Response to Information Request IND202273 of April 2025.^[back]

[18] For information on the SAD(A) political party, including treatment of party members and supporters by authorities, see Response to Information Report IND202274 of May 2025.^[back]

[19] Waris Punjab De [which translates as "Punjab's Heirs" (AP 2023-04-23)] is a Sikh political group "supportive of the Khalistan movement" (US 2024-04-22, 33) or a "Khalistan separatist organisation" (Scroll.in 2025-02-19). It was founded to "mobilize farmers" during the 2020 protests against new agricultural legislation from the Modi government (AP 2023-04-23; Time 2023-03-23).^[back]

[20] SSN is a Sikh news network based in Punjab (SSN n.d.).^[back]

[21] The Arms Act, first passed in 1959 and subsequently amended multiple times, contains provisions covering the acquisition, possession, sale, purchase, manufacturing, transportation, import/export, and licencing of arms and ammunition (Deccan Herald 2022-04-19).^[back]

[22] The Code of Criminal Procedure is the central law covering procedure for the administration of "substantive criminal law" in India and provides for preventative detention (Australia 2020-12-10, para. 4.36).^[back]

[23] The Bishnoi gang is a criminal organization originating from the states of Punjab and Haryana in India and named after Lawrence Bishnoi, the group's leader, who has been imprisoned in India since 2014 (CBC 2025-09-29). The gang's main criminal activities include drug smuggling and extortion (CBC 2025-09-29). In September 2025, the Canadian government listed the Bishnoi Gang as a terrorist entity (Canada 2025-09-29).^[back]

[24] The Foreign Interference Commission notes that it "has not and will not be making any findings about the accuracy of the information shared at the consultation meeting or make any findings of fact based on this information" (Foreign Interference Commission [2024]a).^[back]

[25] According to Public Safety Canada, the Five Eyes is an "intelligence alliance" between Australia, Canada, New Zealand, the UK and the US that was formed after the Second World War (Canada 2025-11-23).^[back]

[26] CHRI is a non-profit organization with offices in New Delhi, the UK, and Ghana, which focuses on access to justice and access to information and conducts research and advocacy around human rights issues in Commonwealth countries (CHRI 2023-10-20, ii).^[back]

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Additional Sources Consulted

Oral sources: Aspen Institute; professor of Indian religions and politics at a university in the UK; professor of Indian religions at a university in Norway; professor of Indian religions at a university in the US; professor of political violence in India at a university in Canada; professor of Sikh and Punjabi studies at a university in the UK; professor of Sikh and Punjabi studies at a university in the US; professor of Sikh studies at a university in Canada; professor of Sikh studies at a university in the US (2); professor of Sikhism and the Sikh diaspora at a university in the US; professor of Sikhism at a university in Japan; professor of Sikhism at a university in Sweden; professor of Sikhism at a university in the UK (2); professor of Sikhism at a university in the US (2); professor of Sikhs and Sikhism at a university in Canada (6); professor of Sikhs and Sikhism at a university in India (3); professor of Sikhs and Sikhism at a university in the US (4); professor of South Asian militancy movements at a university in the US; professor of South Asian social and religious history at a university in Canada; professor of the Sikh diaspora at a university in Canada; professor of the Sikh diaspora at a university in India; professor of the Sikh diaspora at a university in the UK; a professor of the Sikh diaspora at a university in the US (3); retired professor of Indian militancy movements at a university in India; retired professor of Sikh and Punjabi studies at a university in the UK.

Internet sites, including: Austrian Red Cross – ecoi.net; Belgium – Office of the Commissioner General for Refugees and Stateless Persons; Bertelsmann Stiftung; Center for Strategic and International Studies; Common Cause; Council on Foreign Relations; EU – EU Agency for Asylum; Fédération internationale pour les droits humains; France – Office français de protection des réfugiés et apatrides; Freedom House; Germany – Federal Office for Migration and Refugees; International Crisis Group; Khalistan Centre; Lawfare Institute; Minority Rights Group; National Sikh Youth Federation; Netherlands – Ministry of Foreign Affairs; The New Humanitarian; The New Indian Express; Norway – Landinfo; Organisation suisse d'aide aux réfugiés; Outlook [India]; Poetic Justice Foundation; Reporters sans frontières; Sikh Research Institute; Sweden – Swedish Migration Agency; UN – Office of the High Commissioner for Human Rights, Refworld, UNDP; US – CIA, Congressional Research Service, Law Library of Congress; Voice of America; The Wire.