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The Sainbari Murder[1] occurred on March 17 1970, in the house of the Sain family in Bardhaman, West Bengal, India, where three people were killed and their blood was forced to be eaten with rice by their mother. Later, it was mentioned as one of the most notorious murder incidents in India.[2][3]
The shock made the mother lose her mental balance and state from which she never recovered till her death a decade later. Those communist cadres who perpetratedthis violence may have went on to become ministers and MPs under the Left-Front government and were never brought to book, as CPI(M) leaders Benoy Konar, Anil Basu, Nirupam Sen (former State Minister of Commerce and Industries) and Amal Halder were alleged by the defense to be directly involved in the Sainbari murder case.[6][8]
The Bangladesh genocide, also known as the Gonohotta (Bengali: গণহত্য Gaṇahatyā), was the ethnic cleansing of Bengali Hindus residing in East Pakistan (now Bangladesh) during the Bangladesh Liberation War, perpetrated by the Pakistan Armed Forces and the Razakars.[2] It began on 25 March 1971, as Operation Searchlight was launched by West Pakistan (now Pakistan) to militarily subdue the Bengali population of East Pakistan; the Bengalis comprised the demographic majority and had been calling for independence from the Pakistani state. Seeking to curtail the Bengali self-determination movement, erstwhile Pakistani president Yahya Khan approved a large-scale military deployment, and in the nine-month-long conflict that ensued, Pakistani soldiers and local pro-Pakistan militias killed between 300,000 and 3,000,000 Bengalis and raped between 200,000 and 400,000 Bengali women in a systematic campaign of mass murder and genocidal sexual violence.[3] In their investigation of the genocide, the Geneva-based International Commission of Jurists concluded that Pakistan's campaign involved the attempt to exterminate or forcibly remove a significant portion of the country's Hindu populace.[4]
The original plan envisioned taking control of the major cities on 26 March 1971, and then eliminating all opposition, political or military,[62] within one month. The prolonged Bengali resistance was not anticipated by Pakistani planners.[63] The main phase of Operation Searchlight ended with the fall of the last major town in Bengali hands in mid May. The countryside still remained almost evenly contested.[64]
Archer K. Blood, American diplomat wrote in the Blood Telegram addressing Richard Nixon administration's disregard for the situation: "with support of the Pak military, non-Bengali Muslims are systematically attacking poor people's quarters and murdering Bengalis and Hindus."[68][69]
The Jamaat-e-Islami party[96] as well as some other pro-Pakistani Islamists opposed the Bangladeshi independence struggle and collaborated with the Pakistani state and armed forces out of Islamic solidarity.[97][98][99][100][73][101] According to political scientist Peter Tomsen, Pakistan's secret service, in conjunction with the political party Jamaat-e-Islami, formed militias such as Al-Badr ("the moon") and the Al-Shams ("the sun") to conduct operations against the nationalist movement.[102][103] These militias targeted noncombatants and committed rapes as well as other crimes.[104] Local collaborators known as Razakars also took part in the atrocities. The term has since become a pejorative akin to the western term "Judas".[105]
There are eyewitness reports of the "rape camps" established by the Pakistani Army.[35] The US based Women Under Siege Project of the Women's Media Center have reported the girls as young as 8 and women as old as 75 were detained in Pakistan military barracks, and where they were victims of mass rape which sometimes culminated in mass murder. The report was based on interview with survivors.[147] Australian Doctor Geoffrey Davis was brought to Bangladesh by the United Nation and International Planned Parenthood Federation to carry out late term abortions on rape victims. He was of the opinion that the 200,000 to 400,000 rape victims were an underestimation. On the actions of Pakistan army he said "They'd keep the infantry back and put artillery ahead and they would shell the hospitals and schools. And that caused absolute chaos in the town. And then the infantry would go in and begin to segregate the women. Apart from little children, all those were (sic) sexually matured would be segregated..And then the women would be put in the compound under guard and made available to the troops ... Some of the stories they told were appalling. Being raped again and again and again. A lot of them died in those [rape] camps. There was an air of disbelief about the whole thing. Nobody could credit that it really happened! But the evidence clearly showed that it did happen."[148][better source needed]
In October 2005, Sarmila Bose published a paper suggesting that the casualties and rape allegations in the war have been greatly exaggerated for political purposes.[44][149] Whilst she received praise from many quarters,[150] a number of researchers have shown inaccuracies in Bose's work, including flawed methodology of statistical analysis, misrepresentation of referenced sources, and disproportionate weight to Pakistani Army testimonies.[151]
A 1972 report by the International Commission of Jurists (ICJ) noted that both sides in the conflict accused each other of perpetrating genocide. The report observed that it may be difficult to substantiate claims that the "whole of the military action and repressive measures taken by the Pakistani Army and their auxiliary forces constituted genocide' that was intended to destroy the Bengali people in whole or in part, and that 'preventing a nation from attaining political autonomy does not constitute genocide: the intention must be to destroy in whole or in part the people as such." The difficulty of proving intent was considered to be further complicated by the fact that three specific sections of the Bengali people were targeted in killings committed by the Pakistani Army and their collaborators: members of the Awami League, students, and East Pakistani citizens of the Hindu religion. The report observed, however, that there is a strong prima facie case that particular acts of genocide were committed, especially towards the end of the war, when Bengalis were targeted indiscriminately. Similarly, it was felt that there is a strong prima facie case that crimes of genocide were committed against the Hindu population of East Pakistan.[190]
Rudolph Rummel wrote, "In 1971, the self-appointed president of Pakistan and commander-in-chief of the army General Agha Mohammed Yahya Khan and his top generals prepared a careful and systematic military, economic, and political operation against East Pakistan (now Bangladesh). They planned to murder that country's Bengali intellectual, cultural, and political elite. They planned to indiscriminately murder hundreds of thousands of its Hindus and drive the rest into India. And they planned to destroy its economic base to insure that it would be subordinate to West Pakistan for at least a generation to come. This despicable and cutthroat plan was outright genocide."[191]
The Bangladeshi Collaborators (Special Tribunals) Order of 1972 was promulgated to bring to trial those Bangladeshis who collaborated with and aided the Pakistani Armed forces during the Liberation War of 1971.[208] There are conflicting accounts of the number of persons brought to trial under the 1972 Collaborators Order, ranging between 10,000 and 40,000.[209] At the time, the trials were considered problematic by local and external observers, because they appear to have been used for carrying out political vendettas. R. MacLennan, a British MP who was an observer at the trials stated that 'In the dock, the defendants are scarcely more pitiable than the succession of confused prosecution witnesses driven (by the 88-year-old defence counsel) to admit that they, too, served the Pakistani government but are now ready to swear blindly that their real loyalty was to the government of Bangladesh in exile.'[210] In May 1973, the Pakistani government detained Bengali civil servants stranded in Pakistan, as well as their family members, in response to Bangladesh's attempt to try POWs for genocide.[211] Pakistan unsuccessfully pleaded five times to the International Court of Justice to contest Bangladesh's application of the term "genocide".[211]
The government of Bangladesh issued a general amnesty on 30 November 1973, applying it to all persons except those who were punished or accused of rape, murder, attempted murder or arson.[209] The Collaborators Order of 1972 was revoked in 1975.[212]
On 29 December 1991 Ghulam Azam, who was accused of being a collaborator with Pakistan in the war of 1971, became the chairman or Ameer of the political party Jamaat-e-Islami of Bangladesh, which caused controversy. This incident prompted the creation of a 'National Committee for Resisting the Killers and Collaborators of 1971', in the footsteps of a proposal by writer and political activist Jahanara Imam. A mock people's court was formed, which on 26 March 1992 found Ghulam Azam guilty in a widely criticised trial, which sentenced him to death; he ultimately died in prison in 2014.[216]
While human rights groups[229] and various political entities[230][231] initially supported the establishment of the tribunal, they have since criticised it on issues of fairness and transparency, as well as reported harassment of lawyers and witnesses representing the accused.[229][232][233][234] Jamaat-e-Islami supporters and their student wing, Islami Chhatra Shibir, called a general strike nationwide on 4 December 2012 in protest against the tribunals. The protest leaders demanded that the tribunal be scrapped permanently and their leaders released immediately.[235][236][237]
The government of Pakistan continues to deny that the 1971 Bangladesh genocide took place under Pakistan's rule of Bangladesh (East Pakistan) during the Bangladesh Liberation War of 1971. They typically accuse Pakistani reporters (such as Anthony Mascarenhas) who reported on the genocide of being "enemy agents".[253] According to Donald W. Beachler, professor of political science at Ithaca College:[254]
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