MAY 14, 2017
citizens’
group report titled “Why Are People Protesting in Kashmir?” released in New
Delhi on May 11 provides extensive evidence of government complicity in and
disregard of serious human-rights violations in Indian Kashmir since July 9,
2016.
In November last year,
25 eminent citizens visited the Kashmir Valley over a period of
10 days to understand the situation there after the wanton killing
by security forces of three militants including Burhan Wani on July 8.
The citizens’ group included
representatives of people’s movements, rights activists, women’s and youth
organizations, filmmakers, writers and journalists from different parts of
India.
The team visited all
10 districts of the Kashmir Valley region and met families of those killed
by the Indian Army, central and state paramilitary forces, and special police
units. They met families of those who had disappeared or been jailed. They met
with the grievously injured, including those blinded by pellet gunfire and
other weapons from July 8 onward.
The team met with lawyers,
trading and business communities, government employees and unions,
civil-society organizations, political organizations and others.
The main findings of the
citizens’ group were the following.
1. While
the human-rights violations in Kashmir since the killing on July 8 of Burhan
Wani and two others were serious, early 2017 had witnessed increased violence
by the Indian Army and the central and state police organizations. The situation therefore called for serious attention.
2.
Unarmed protests after July 8 were met with sustained attacks by the Indian
Army, Jammu & Kashmir police and paramilitary forces with the use of pellet
guns, PAVA incapacitant spray and firearms. Several unarmed civilians were
killed by armed forces even absent of protests and demonstrations. Deaths
and injuries caused by pellet guns included blindings and long-term ophthalmic
damage. J&K police lodged counter-charges against the victims of
unjustified murder, calling them “anti-nationals”. These government actions amounted to violation of the right to
life.
3. Those
citizens who pursued legal remedies to identify the army, J&K police and
paramilitary personnel who had immunity under the Armed Forces (Special Powers)
Act of 1990 (AFSPA), even when they killed innocents, became targets of
repeated arrests, intimidation, torture and raids on their homes. These government actions amounted to criminal intimidation and
have served as a deterrent to many families from pursuing the course of
justice.
4. Many
of those arrested under the J&K Public Security Act of 1978 had no prima
facie cases against them. In all the cases under the PSA, government counsels
merely sought to delay them using various legal excuses. Those who won their
cases were promptly rearrested on the basis of fresh police reports. Even minor
persons were arrested under the PSA. These government actions
amounted to violation of the principles of natural justice.
5. Families
of arrested persons were subjected to grievous custodial torture by government
interrogators in police stations and jails, indicating the level of impunity
enjoyed by the Indian Army under the AFSPA and the state police under the PSA. Further, multiple wings of the intelligence agencies were active,
causing fear, mistrust and suspicion among the people.
6. In
towns and villages where killings by the security forces had taken place, there
followed a cycle of searches and seizures and indiscriminate firings,
including at funerals and memorial meetings. In many cases, the Indian Army,
the J&K police and the paramilitary forces broke windows and
destroyed household goods, livestock and food rations. In several cases, the
armed forces destroyed local electricity transformers or substations, causing
hardship to the entire village or locality. This government action amounts to
collective punishment of the villagers. Women spoke of being subjected to
violence and molestation along with verbal abuse. Paramedics in the government
health systems reported significant increases in miscarriages. These government actions amounted to violation of every law and
international covenant aimed at protecting women from sexual and other forms of
violence.
7. Extraordinary
efforts were made by doctors, paramedics, nurses and others in response
to the huge number of cases of those injured in police and military actions;
many doctors were harassed by intelligence personnel to reveal the identity of
patients. Many other atrocities took place in hospitals. Pharmacies
and kitchens set up by caring citizens to save lives were disbanded by the
armed forces. in one case a doctor involved in such a humanitarian effort
was arrested and held for many days. These government actions against
emergency relief workers and health professionals violated international
conventions and India’s own commitment to United Nations treaties.
8. Mosques
were closed by authorities across the Kashmir Valley, including the Jamia
Masjid in Srinagar and in Shopian. These government actions
violated the right to freedom of religion.
9. A
ban on Internet and mobile-telephone services, raids at newspaper offices,
shutting down of newspapers and a blanket ban on one paper violate the right to freedom of speech and internationally
accepted norms of the freedom of the press.
10. Targeting
of state government employees, summary dismissals, denial of salaries,
show-cause notices, and so forth amounted to denial of the right to freedom of association.
11. The
affirmative response to calls for strikes issued by the Hurriyat Conference
indicated people’s resistance to the wrongs of the
Indian state.
12.
Kashmiri people have demanded political resolution of the Kashmir dispute
between India and Pakistan and recognition of the sustained effort of the
Kashmiri people to assert their right to self-determination.
The failure of the Indian state and every government since independence to
address the political sentiments of the Kashmiri people has caused hurt and
resentment.
13.
The Bharatiya Janata Party government in New Delhi and the BJP-dominated
coalition government in Srinagar have failed to initiate a dialogue
with the people of Kashmir and their representatives.
14. The
BJP government in New Delhi has sought to create a warlike situation with
Pakistan along the borders of J&K and employed the alleged Uri attack to
build a Hindu majoritarian sentiment against Kashmir, Pakistan and those of the
Islamic faith.
15. A Kashmiri
speaker has noted that the previous Indian teams that had visited Kashmir
had looked at the problem only from India’s perspective, not from that of the
Kashmiris. He demanded a debate on the issues of military
occupation and self-determination of the Kashmiris.
In
conclusion, the citizens’ group report stated that the BJP government in New
Delhi and the BJP-dominated coalition government in Srinagar were engaged in
actions that amounted to a complete violation of
universally accepted human and democratic rights and the provisions of the Constitution
of India that they claimed to be implementing.
Distressingly, some senior
members of the BJP government in New Delhi have often made inflammatory and
provocative statements against the people of Kashmir. Regrettably, the
parliamentary opposition has lacked the political courage and will to call for
accountability on the part of the government of India.
The important 75-page citizens’
group report demanded the following.
1. Recognize the Kashmir dispute and accept that its
resolution can only come through a political solution and not through military
intervention and denial of all democratic and human rights.
2. Withdraw the army and other paramilitary forces from
civilian areas of Jammu & Kashmir.
3. Repeal the J&K Public Safety Act of 1978 and the
AFSPA (J&K) Special Powers Act of 1990.
4. Release all political prisoners and in particular all
prisoners arrested under the J&K Public Safety Act.
5. Grant access to the UN High Commissioner for Human
Rights for a fact-finding mission in J&K.
6. Establish a judicial tribunal under the Supreme Court
of India to examine all cases of extrajudicial executions including that of
Burhan Wani.
7. Enter an open and transparent dialogue without
preconditions with all sections of Kashmiri peoples and their representatives
to bring about a resolution of the Kashmir dispute that recognizes the
aspirations of the people to determine their own destiny through recognizably
democratic means.
The report is a final wake-up
call for the Narendra Modi-led government of India. Its unwillingness to
initiate a dialogue process with the Kashmiri people has led to an explosive
situation.
The article was
published in Asia Times.
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