KASHMIR: Human Rights Violations in Kashmir

Although the human rights violations in the Indian-held Kashmir has been continuing by the Indian security forces since the partition, yet the same practice has intensified in wake of the current phase of Kashmir struggle which began on August 12, 2008 when Indian forces killed Hurriyat Conference leader Sheikh Abdul Aziz along with five other persons who were protesting against the government decision to allot 800 kanal of Kashmiri land to a Hindu shrine.

However, seeing no progress for the resolution of Kashmir issue, in 2008, Kashmiri once again renewed their peaceful protests. In a dangerous pattern more than 300 persons mostly teenagers, were killed since January this year in disproportionate use of force mainly by the Indian police and paramilitary troops. Indiscriminate firing by the Indian security forces have become a routine matter, while quelling the peaceful protests.

According to a recent report on Human Rights violations in Indian Occupied Kashmir by Indian Army and its paramilitary forces, there have been deaths of 93,274 innocent Kashmiri from 1989 to June 30, 2010. Besides this alarming figure of open killings by its security forces, there have been 6,969 custodial killings, 117,345 arrests, destruction, and razing of 105,861 houses and other physical structures in the use of the community as a whole. The brutal security forces have orphaned over 107, 351 children, widowed 22,728 women and gang raped 9,920 women. In June 2010 only, there have been 33 deaths including four children besides, torturing and injuring 572 people. The brutal Indian security forces molested eight women during the month of July. This brief account indeed, is the reality of Indian achievements on which they are trumpeting for their success in the Kashmir through counter insurgency operations.

Over the two decades of violence in Jammu and Kashmir, Human Rights Watch has documented numerous failures to ensure protection of human rights. It has called for the repeal of laws such as the Jammu and Kashmir Disturbed Areas Act, the Armed Forces (Jammu and Kashmir) Special Powers Act, and the Public Safety Act. These laws provide the armed forces with extraordinary powers to search, detain, and use lethal force, leading to numerous human rights violations. They also provide immunity for security forces. Prosecutions of security force personnel, even where the facts are well established, are rare.

While in its various reports, Amnesty International has also pointed out grave human rights violations in the Indian occupied Kashmir by indicating: “The Indian government's disregard for human rights in Jammu and Kashmir means in practice that people reportedly died in custody in Jammu and Kashmir and that the whereabouts of the “disappeared” persons continue to be unknown…government forces continue to commit serious violations of humanitarian law…the Muslim majority population in the Kashmir Valley suffers from the repressive tactics of the security forces. Under the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act, security forces personnel have extraordinary powers including authority to shoot suspected lawbreakers, and to destroy structures suspected of harboring militants or arms.”

Kashmir Quarterly has reported, “Indian Forces killed a number of citizens, torched mosques, shops and houses in various parts of the valley. As a result, there were demonstrations in many cities. Troops desecrated the central Srinagar mosque and tortured worshippers whom they found inside.”

It is notable that there has been a routine failure of justice in Jammu and Kashmir. In the recent past, hundreds of unidentified graves with more than 3000 bodies were discovered in the Indian-held Kashmir. Sources have accused Indian RAW of the custodial killings of the Kashmiri people through brutal methods. In this context, even the European Parliament has passed a resolution, condemning New Delhi for human rights violations.

It seems that non-condemnation of these Indian acts of massive human rights violations by the so-called civilized international community has further encouraged India to step-up its brutalities on the armless Kashmiri masses. Indian authorities are not willing to talk with Kashmiri people on political grounds. India perhaps reached to a conclusion that only bullet is the right way of dealing with Kashmiris, demanding their right of self-determination. Surprisingly, Indian successive governments are trying to ignore the dynamics of the Kashmiris' movement for the freedom from the Indian rule. This indeed is the continuation of their resistance against the Dogra Rule, started in early part of the 20th century.

Nevertheless, human rights abuses have been a part of a campaign by the Indian army against Muslim Kashmiris. The abuse is manifested in the following types of violations: burning the houses, torture, disappearances, rape, molestation of Muslim women and killing of persons through fake encounter.

On the one hand, India claims that Kashmir uprising has slowed down and the situation is returning towards normalisation, while on the other, Kashmir movement has intensified in the recent weeks.

In this connection, on July 10 this year, a rigid curfew was imposed in most of Indian-held Kashmir (IHK), while shops and businesses were closed and public transport was off the roads after the All Parties Hurriyat Conference declared a strike. During strike, none of the nearly 60 newspapers published from Srinagar for four days.

The clampdown in IHK has come after street protests and clashes, surged in the controlled territories, and more than 30 people have died over the past six weeks in shootings by the police and paramilitary soldiers. Despite curfew-like restrictions, arrests and detentions, Kashmir movement continues unabated.

It is mentionable that owing to the new strategic alliances, India has become a partner of the major powers like the US, Russia, UK, Germany and France. These major countries have their political and economic stakes in India. That is why, they are silence over Indian human rights violations in the controlled Kashmir.

Besides, there is a big question mark on the role of the United Nations Organization (UNO) in connection with the Indian held Kashmir the only International Organization, mandated to redress the oppressed people of the world. The organization has badly failed to implement its responsibilities and its own resolutions towards a rightful solution of the issue.

There is a need of awakening the international conscious. Closing of the eyes and ears by the international community on the massive human rights violations in Kashmir by Indian security forces would not end the issue. Rather the seething protest against Indian human rights violation would endanger the world peace.

There can be no lasting political settlement in Kashmir unless human rights abuses that have fueled the insurgency are addressed. However, there has been no policy change in the repressive activities of Indian security forces. Indian security forces continued human rights violations in Kashmir unabated.