Mass Killings and Widespread Violence Against Hindus During the 1971 Genocide: Legal Implications and Accountability

15-02-2025

Author: Tanzil Amin Shuvo

Bangladesh Campaign Team

Global Human Rights Defence

Introduction

The 1971 Bangladesh Liberation War was a historic event in South Asian history, marked by horrible violence and systematic crimes against Hindu minorities. Hindus were massacred, sexually assaulted, and displaced when the Bangladeshis battled for independence from West Pakistan. This article examines how these events fit within international legal frameworks, including the Genocide Convention and the Rome Statute of the International Criminal Court (Rome Statute, 2002). It also outlines how Bangladesh’s International Crimes Tribunal addresses these crimes in accordance with addressing more general questions of international responsibility for crimes committed during disputes. Combining many studies and recent data, the study reveals how closely the violence of 1971 related to many different political, ethnic, and religious concerns. The article uses these varied viewpoints to describe historical events and their legal consequences, underscoring the continuous gap between human rights breaches and justice. Ultimately, it seeks a global acknowledgement of the genocide and the establishment of stronger international mechanisms to prevent repetition of such incidents.

1. History

East Pakistan and West Pakistan had long-standing political, economic, and cultural differences. As Bengalis demanded more independence and equal representation, tensions arose over questions of cultural and linguistic identity. These pressures came together to produce a forceful but vicious reaction by the Pakistani military. With the start of Operation Searchlight in March 1971, a violent campaign was launched to suppress the growing nationalist movement in East Pakistan (United News of Bangladesh, 2022).

One important part of the violence was that Hindus were specifically targeted. According to reports, Hindus were chosen because of their religious identity and their perceived political connections (Gerlach, 2018). The military’s actions were not only meant to stop opposition but also to intimidate communities that might support the independence movement. Many Hindus were killed in large numbers, and others suffered through frequent rape, forced conversions, and the destruction of their temples and cultural sites (Bass, 2023). Every one of these acts was a part of a definite strategy meant to eradicate the Hindu population from the area (Genos Center, 2023).

Eyewitness accounts and contemporary reports describe the immense scale of the atrocities. The events have been described as a “forgotten genocide” that left deep scars on the national memory (Frontline, 2022). Various reports indicate that nearly ten million refugees fled to neighbouring regions, and millions more were displaced within the country (The Daily Star, 2013). Such mass displacement disrupted everyday life and had long-lasting effects on community relationships and the nation’s identity (The Daily Star, 2013). The violent campaign of 1971 has been carefully examined by scholars and legal experts, who continue to debate whether the events meet the legal definition of genocide (Hindu American Foundation, 2024). Although efforts have been made by a national tribunal to hold the perpetrators accountable, significant challenges still remain in achieving full international justice (Holocaust Museum Houston, 2023). Overall, the historical record of the 1971 events reveals a complex mix of political ambition, ethnic tension, and legal uncertainty, with enduring effects on both regional and international legal frameworks (Hindu American Foundation, 2024).

2. Systematic Persecution and Mass Killings of Hindus

The systematic oppression of Hindus became a main component of the violence carried out by the Pakistani military and its allies during the 1971 Bangladesh Liberation War (Bass, 2023; Gerlach, 2018). Apart from their religious identification, Hindus were specifically targeted for their political affiliations to the Bengali nationalist movement (Bass, 2023; Gerlach, 2018). This targeting was intended to weaken support for the independence movement and to change the demographic makeup of East Pakistan (Bass, 2023; Gerlach, 2018).

The violence took many forms, such as mass executions in public places intended to create fear, widespread rape and other sexual violence used to humiliate and degrade the community, and the forced displacement of millions, as Hindus were compelled to leave their homes and livelihoods (Genos Center, 2023).

The large numbers of displaced people further demonstrate the scale of the violence. It has been reported that up to ten million refugees fled to neighbouring regions like India, with Hindus constituting a significant portion of that number. Estimates also indicate that between 16 and 17 million people were driven from their homes internally, causing long-lasting social, economic, and cultural disruptions (Frontline, 2022; The Daily Star, 2013).

This coordinated campaign of terror was part of a broader strategy to alter the demographic and cultural landscape of East Pakistan, ultimately helping to consolidate control and suppress the independence movement. The deep trauma experienced by survivors and their descendants continues to influence community narratives and poses challenges for achieving full accountability for these crimes (Bass, 2023; Gerlach, 2018). Additional findings reveal the intentional use of sexual violence as a weapon to demoralise and destabilise the targeted population (Hindu American Foundation, 2024). The overall effects of these horrible crimes, such as mass murders, rapes that were planned, forced migration, and the destruction of cultural heritage, make it clear that the violence against Hindus was not an accident but part of a planned effort to persecute them because of their religion or race (Bass, 2023; Gerlach, 2018). Although exact figures are difficult to confirm due to underreporting and the chaotic nature of the conflict, some estimates suggest that the number of rape victims could range from tens of thousands to as many as several hundred thousand, with many of these victims being Hindus (Hindu American Foundation, 2024) (Gerlach, 2018).

3. Legal Classification Under International Law

The activities of the Pakistani military and its allied forces have been observed to be executed with a clear, deliberate intention to eradicate the general people, including Hindu communities. Mass executions, sexual violence, forced migration, and cultural heritage destruction have been documented as state-sponsored ethnic cleansing. According to this evidence, these actions meet the legal criteria for genocide, as outlined in Article II of the Genocide Convention (United Nations, 1948). The Rome Statute of the International Criminal Court further supports the legal case for categorising these crimes as genocide, which permits the prosecution of crimes against humanity, including those involving extensive or systematic attacks on civilian populations (Rome Statute, 2002).

Many legal studies and academic investigations have indicated that the violence wasn’t random; it was planned and executed in a way that was meant to wipe out the community. Detailed archival records, eyewitness testimonies, and comprehensive research have all been utilised to demonstrate that the acts of violence were carried out with the requisite specific intent, a critical element in establishing a genocide charge (Hindu American Foundation, 2024). This accumulation of evidence has been presented in various legal and academic forums, thereby supporting the argument that the systematic nature of the violence against general citizens and Hindus meets the legal threshold for genocide.

Finally, the combination of international legal criteria, methodical patterns of violence, and corroborative evidence from several sources provides a strong legal foundation for labelling the 1971 crimes against humanity as genocide. Based on the legal criteria set out by the Genocide Convention and supported by the Rome Statute, it is argued that a strong international legal framework is justified to address these widespread human rights violations and guarantee that responsibility is attained for the offenders (Sambad English, 2024). Despite extensive documentation of Pakistan’s role in orchestrating and executing these crimes, there has been no formal acknowledgement or accountability from the Pakistani state. International legal mechanisms, including universal jurisdiction, could provide avenues for prosecution, ensuring that impunity does not persist and that historical injustices are addressed through judicial means. The lack of accountability not only hinders justice for the victims but also sets a dangerous precedent for future mass atrocities. Notwithstanding ongoing legal uncertainty, the evidence strongly supports the need for improved judicial systems to prevent future impunity and to provide thorough justice for the victims of these crimes.

Conclusion

The atrocities of the 1971 Bangladesh Liberation War have generated debate and complexity. Although the International Crimes Tribunal (ICT) has been essential in addressing these crimes, its court system has been criticised for political bias, procedural flaws, and selective prosecution. Issues such as inadequate witness protection, fair trial standards, and retroactive application of legal norms have further undermined its credibility. The absence of a coordinated global response against the offenders complicates the scene of responsibility even further. Universal jurisdiction, which allows states to prosecute individuals for serious international crimes regardless of their nationality, has emerged as a potential pathway for transcending national boundaries. However, its application remains contentious, raising concerns about state sovereignty and potential misuse of legal processes for political ends. A comprehensive and coordinated international legal response is needed to break the cycle of impunity and provide genuine redress for the victims of the 1971 genocide.

The 1971 atrocities have been largely ignored, causing a significant gap in historical accountability and justice. Acknowledging the events as genocide is crucial for ensuring victims, particularly the Hindu minority, receive proper recognition and reparations. To address this, legal frameworks must be reformed, including strengthening international criminal law and expanding tribunal mandates. This will address past injustices and safeguard global human rights standards in the future.

Bibliography

Bass, G. J. (2023). Bangladesh, 1971. In The Cambridge World History of Genocide (pp. 497–517). Cambridge University Press. https://doi.org/10.1017/9781108767118.022

Frontline. (2022, Jan 30). In East Pakistan, in 1971: A forgotten genocide? Bangladesh Liberation War. The Hindu. Retrieved February 2, 2025, from https://frontline.thehindu.com/world-affairs/in-east-pakistan-in-1971-a-forgotten-genocide-bangladesh-liberation-war/article38307183.ece

Genos Center. (2023, August 11). History of the Bangladesh Genocide of 1971. Retrieved February 5, 2025, from https://genoscenter.org/history-of-the-bangladesh-genocide-of-1971/

Gerlach, C. (2018). East Pakistan/Bangladesh 1971–1972: How many victims, who, and why? In A. Barros & M. Thomas (Eds.), The Civilianization of War: The Changing Civil–Military Divide, 1914–2014 (pp. 305–324). Cambridge University Press. https://doi.org/10.1017/9781108387293.020

Hindu American Foundation (2024, April 1). 1971 Bangladesh Genocide. Retrieved February 8, 2025, from https://www.hinduamerican.org/1971-bangladesh-genocide

Holocaust Museum Houston (2023, July 13). Bangladesh 1971. Retrieved February 7, 2025, from https://hmh.org/education/bangladesh-1971/

Rome Statute and other agreements | International Criminal Court. (2025, January 1). https://asp.icc-cpi.int/RomeStatute

Sambad English. (2024, 15 Dec). Lessons from Bangladesh Liberation of 1971: Hindu Genocide. Retrieved February 9, 2025, from https://sambadenglish.com/national-international-news/lessons-from-bangladesh-liberation-of-1971-hindu-genocide-8442730

The Daily Star (2013, Mar 4). Bangladesh 1971: A forgotten genocide. Retrieved February 10, 2025, from https://www.thedailystar.net/news/bangladesh-1971-a-forgotten-genocide

United Nations. (1948). Convention on the Prevention and Punishment of the Crime of Genocide. Retrieved February 11, 2025, from https://www.un.org/en/genocide-prevention/1948-convention

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Mass Killings and Widespread Violence Against Hindus During the 1971 Genocide: Legal Implications and Accountability