"Every individual has the right to determine their own future...suppression is the crime not the demand" - UN
Self determination is a basic human right founded in international law on which other human rights depend. The UN Human Rights Committee has stressed that the right of self-determination is absolutely fundamental to the protection of individual rights. All nations belonging to the UN are obliged to respect this right.
Sikhs satisfy the definition of a people or a nation - The Sikhs, with a unique spiritual and temporal philosophy (the Miri-Piri principle), together with a distinct linguistic and cultural tradition, developed into an indigenous, freedom loving sovereign nation that first secured political power in the form of an independent state in 1710CE. The larger sovereign Sikh state established in 1799 CE was recognized by all the world powers as a subject of international law and was party to several Treaties with the British. As well as being recognized as a people or a nation by others the Sikhs, crucially in the context of the criterion of self identification, see themselves as such. Whilst the Sikhs are clear about their nationhood, they find that it is denied by the Indian State.
India must withdraw its 'reservation' that self determination does not apply to the people of India.
On ratifying the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights in 1966 India made a 'reservation' to the effect that the right of self determination pertains only to 'peoples under foreign domination', it is not relevant with regard to 'sovereign independent States or to a section of a people or nation--which is the essence of national integrity France, Germany and the Netherlands objected to the reservation on the ground that self determination applies to all peoples, but India insisted on making that reservation. Subsequently, the UN Human Rights Committee has stated in its review of India's compliance with Article 1 which deals with self-determination that it 'invites the State party [India] to review these reservations and declarations with a view to withdrawing them, so as to ensure progress in the implementation of the rights ... India has not made any such withdrawal. India's position is contrary to the law of self determination. Whilst India may have an expedient interpretation of the law to suit its own needs, it is nevertheless bound by international law and the international community must insist that the law is upheld.
A part of the general limitation on the right of self-determination is the specific limitation of territorial integrity. The 1970 Declaration of Principles of International Law provides that the right of self-determination shall not 'be construed as authorizing or encouraging any action which would dismember or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States, This limitation is an extension of the desire in most societies to create a social and legal system which is relatively stable.
However, the territorial integrity limitation cannot be asserted in all situations. The Declaration of Principles of International Law provides that only 'States conducting themselves in compliance with the principle of equal rights and self-determination of people' can rely on this limitation.
The 'territorial integrity' objection to groups seeking to exercise self determination by means of secession is only arguable if a State has not oppressed the peoples living within it and where those peoples have had their political and human rights respected in the constitutional setup in that State. The level of oppression of the Sikhs in Punjab and elsewhere in India (especially during the period 1984 to 1995) has been severe. The systematic violations of "individual" human rights such as genocide and other crimes against humanity, such as extra-judicial killings, disappearances, torture, rape and illegal detention has left Sikhs traumatized. Observers of the Sikh situation will be aware that the 'territorial integrity' objection cannot be afforded to India.