General
General Pandit Kalhana, a famous Kashmiri historian wrote in Rajatarangini (The River of Kings) in 12th century AD that; “Such is Kashmir, the country which may be conquered by the forces of spiritual love but not by armed forces”)i In April 1991 Mr. Rajiv Gandhi (late Indian Prime Minister) in a statement said, “The brutalities of the Indian army and Central Reserve Police meant that India may have lost Kashmir”. ii Geographically the former Princely State of Jammu and Kashmir, is delimited by three nuclear powers of the world; China, India and Pakistan. The disputed nature of Kashmir has a linkage with the unwarranted partition of the sub-continent in 1947, indeed, a derivation of volatility and antagonism in South Asia. The surrogate arose out of the issue has brought bilateral relations between the two states to its rock bottom and contributed directly to the nuclearisation of the region. Owing to its complex nature in May 1998, the former US President Mr. Bill Clinton once called Kashmir as, “the. most dangerous place on earth. iii
The dispute, came on the United Nations agenda in 1948, is being recognized to be one of the most intractable and dangerous political disputes facing the international community. iv A bellicose history, religious rivalry and a general sense of antipathy towards each other have put India and Pakistan at logger-heads for the past sixty-four years. v Since 1990, it has been transformed into a perilous war zone through an armed rebellion against Indian rule.vi It has further undermined the prospects for regional integration and raised fears of .a “deadly Indo-Pakistan vii Pakistan conflict” in any future scenario of nuclear exchange. This is an established fact that, in all eventualities, the road to peace in South Asia lies in the final settlement of the Kashmir dispute. After years of unswerving persuasion by Pakistan, on the sidelines of 12th SAARC Summit, held in Islamabad in January 2004; Indian Government agreed to move forward on Kashmir dispute through negotiations with Pakistan in a peaceful manner. Unfortunately; except for a few rounds of talks, there have been no worthwhile move forward and after the Mumbai incident of November 2008, there is almost a total dead lock at bilateralism.
Although the people of Kashmir have never accepted their state as part of Indian, however, they waited till mid 1980s for a peaceful resolution of the issue. In late 1980s, during the Lok Sabha elections, and later Legislative Assembly election of Indian Occupied Kashmir, Kashmiris rejected the elections under Indian Constitution by voting less than 10% in average.viii There has been less than 3% ratio of vote casted in some areas of the occupied state.ix This rejection by Kashmiri masses, caused panic in the ranks of the Indian government, which imposed Governor Rule under malicious dictators like K.V Krishna Rao and Jugmohan, having absolute powers to brutalize the Kashmiris, to curb their demand for the right of self-determination.x
During the decade of 1990s, the Indian naked barbarism against Kashmiris became the order of the day. Siege and search operations, the ransacking of the houses during searches, identification parades, dusk-to-down curfews without break, random arrests, mostly of the youth including teen-age boys became the hobby of every Indian soldier deployed in Kashmir.xi Besides, indiscriminate shootings, massacres, tar-get killings, severe beating of civilian irrespective of age and sex, physical torture at torture centres, night raids, and rape became a routine by Indian Army.xii There have been no let up in Indian brutalities even after Kashmiris denounced the armed conflict in 2002/3, and started a peaceful political struggle for their right of self-determination.
Human Abuses in Kashmir
By 2003, Kashmiris unilaterally denounced their armed struggle, which India could not subdue despite using its all brutal means with 700,000 security forces since 1990. On their part, Indian forces breached all limits of human rights violations in Indian Occupied Kashmir. With the promulgation of an ordinance on July 5, 1990, the Indian army and paramilitary forces were given broad powers to raid and even destroy residential houses suspected of being the hideouts of those struggling for their rights of self-determination. As per a recent report on human rights violation in Indian Occupied Kashmir by Indian security forces, “there have been deaths of 93,274 innocent Kashmiri from 1989 to 2010.xiii 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.” During the two recent phases of the peaceful demonstrations by Kashmiris in 2008 and 2010, the strategy used by Indian security forces was even more brutal as applied during 1990s. This brief account indeed, is the reality of Indian achievements on which they are trumpeting their success in the Kashmir through counter insurgency operations.” XIV
People like Georgr Galloway, a British parliamentarian, while addressing at a Sminar the United Nations in Geneva on June 9, 2011, said that, “Eighty thousand had died in the more than twenty year freedom struggle in Occupied State of Jammu & Kashmir (OSJK).
Uncountable numbers had been wounded and maimed, mass imprisonment and exile and even the use of rape as a tool of occupation had been the lot of the Kashmiris and yet the only demand of the occupied people of Kashmir is for the right to vote.”xv The inter-national entitled, “Defending the Democratic Processes,” was organised by UNO. Defending Kashmiri’s right of self-determination, Mr. George Galloway stressed for the implementation of UN man-dated role in Kahmir and also referred the promises made by first Indian Premier with Kashmiris and world community in large. He categorically said, “In the light of the promise made by the great Indian Prime Minister Mr. Nehru to abide by the UN resolution, a simple plebiscite is the only solution to this chronic problem” xvi.
Concerns of Amensty International on Human Abuses
As per a report published by Amensty International in 2010, Indian Government has been accused of human rights violations in its occupied portation of the Jammu and Kashmir. The 70 page report indeed is first of its kind since 2000, is based on a reseach carried out by a team of the Amensty International in May, 2010. It is indeed a case study of 600 individuals detained under Public Safety Act, from 2003 to 2010. It emphaseizes the Indian Government to revoke the contriversial law under which innocent Kashmiris are held in prisons for years and years with-out trial, while “depriving them of basic human rights otherwise pro-vided under Indian law.” This discriminatory law gives the district magistrate an authority to detain any individual up to two years with-out any trial. As an estimate, the number of detainees under PSA is up to ‘20,000’ in last two decades. `Amnesty International considers that, each state should respect the basic human rights of its citizens, what to talk of the disputed state.
The US State Department
In its annual assessment report-2010, on the state of human rights, around the world, US State Department has shown seious concern over the human rights violations, committed by Indian forces on innocent Kashmiris. The reports says that, “There were numerous reports that the government and its agents committed arbitrary or unlawful killings, including the extra-judicial killings of suspected criminals and terrorists, especially in areas of conflict such as Jammu and Kashmir, the North Eastern States, and the Naxalite belt, where non-governmental forces also com-mitted such killings.’, xvii
National Human Rights Commission of India
As indicated by a report of the National Human Rights Commission (NHRC) of India, “1,224 of the 2,560 police encounter cases reviewed since 1993 had been staged by security forces.” More frequently, Indian Government either sack or transfer those personnel of the security forces who commit a crime for the time being. However, after some time these individuals are reinstated on their old duties with renewed vigour. One such case in point is the reinstatement of four officials of Indian security forces, who were involved in the rape and killing of two ladies; Neelofar and Asiya of the Shopian District.
Torture has been the most common form of human rights violation in IHK by Indian security forces.
According to a report, during 2010, “Torture in police custody remains a widespread and systematic practice in the country” and there is a lack of any effective system of independent monitoring of all places of detention facilitates torture.” XVIII The custodial torture has been the most suited form of the torture. As per the reports of the independent NGOs, in 2010, approximately 2950, political detainees were arrested by Indian forces. Kashmiri leadership, especially the APHC is also placed in detention more commonly.
Is Kashmir a Humanitarian Issue
Until now, there has been a debate whether Kashmir is a political or a religious issue. A dominant class believes that, it is a political issue. A limited class, however, believe on the religious context of the state. Nevertheless, over the years, the humanitarian dimension of the issue has become more pronounced, than the other two. Today, the global community has a realization that, the massive human rights violations in the occupied state has to be dealt as per the provisions of the Universal Declarations of Human Rights of December 1948 and Article 1 of the UN Charter. Under the declaration, the broad guidelines are “All human beings are born free and equal in dignity and rights.” The declaration pro-hibits arbitrary arrest and detention of any human being and also declares that, “No one shall be subjected to torture or a cruel, inhuman or degrading treatment or punishment.” The declaration takes a lead from the UN Charter, which aims to, “develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples,” Article 1 of the UN charter, emphasized on the promotion and encouragement of respect for human rights and for fundamental freedoms for every individual without any distinction.
In violation of international humanitarian law and even its own law, Indian security forces are still committing gross human rights violations in occupied Kashmir. It fired on the peaceful demonstrators and killed dozens of innocent Kashmiris including APHC leader, Sheikh Abdul Aziz in 2008. These protestors were asking for a safe passage to sell their fruits and other agricultural product either to Indian markets or else to Azad Kashmir. Their movement was blocked by Indian security forces along with Hindu nationalists, under BJP and RSS, thus disallowing them their legal right of selling their product. Like all other discriminatory acts of the Indian security forces, this was a clear violation of the international humanitarian law.
Earlier, India attempted to change the demography of Kashmir through allotment of Kashmiri land for settling non Kashmiri Hindu population in the garb of extending the space for a Hindu shrine. There have been continuous brutalities on Kashmiris by Indian forces there-after. In mid 2009, Indian Army rape and murder two Kashmiri women at Shopian area. The incident was seriously resented by all Kashmiris and also invited condemnations from all over. Similarly, Indian forces killed a nine years old boy without any fault. In 2010, there has been killing of many innocent Kashmiris by Indian security forces, an act totally in violation of the UN Charter and Human Rights Declaration.
Special Powers to Indian Security Forces
As a result of the Governor Rule in the state of Jammu and Kashmir in 1990, laws for the State of Jammu and Kashmir were amended. On July 5, 1990 through a, special amendment in the Jammu and Kashmir Public Safety Act (PSA) and the Terrorist and Disruptive Activities (Prevention) Act, 1987 (TADA), Indian security forces were, given sweeping powers of arrest and detention. xix They could even shoot to kill with virtual immunity. These special legal provisions contravene human rights provisions laid down in international human rights instruments to which India is a party, notably the right to life and the right not to be subjected to torture or to arbitrary arrest and detention.
The Jammu and Kashmir Public Safety Act (PSA)
This law permits people to be detained for a period up to two years on vaguely defined grounds to prevent them “.from acting in any manner prejudicial to the security of the state or the maintenance of public order. The broad defination of this law permits the authorities to detain persons without trial for sim-ply asking whether the state of Jammu and Kashmir should remain part of India. This contravenes their right to express their opinions guar-anteed in Article 19 cf the International Covenant on Civil and Political Rights (ICCPR). This act obliges the authorities to explain to the arrested individuals the reasons for his arrest within a reasonable timeframe, which has never been practiced by Indian authorities in Kashmir. Article 9 (4) of ICCPR pro-vides that any individual arrested or detained be brought promptly before a court for the lawfulness of the detention. However, as noted by the Human Rights Committees and Amnesty International provisions of PSA is in total violation of article 9 (2) of ICCPR. xx It is a clear violation of human rights by Indian forces as they have never permitted any detainee or arrested person to know the charge or allegation against him / her.
The Terrorist and Disruptive Activities Act, (TADA)
As per the broad defination of this act; “Any action taken whether by act or by speech or through any other media which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India or which is intended tcy bring about or support any claith for the cession of any part of India or the secession of any part of India from the Union.” TADA permits the state authorities and Indian forces to detain the people arbitrarily for just inquiring whether Jammu and Kashmir should remain part of India or discussing the possibilities of plebiscite. This cruel act allows the authorities to arrest / detain people just on mere suspicion and people can be remanded up to 60 days in police custody. Amnesty International has analysed the provisions of TADA and found it completely violation of important international Human Rights Laws. No guarantee is given for freedom of expression or security. for a fair trail in the TADA.xxi Since TADA was resented as the most abhorrent and inhuman law, therefore, it was repealed by Indian authorities. However, other discriminatory laws of similar nature are still applicable in IHK.
Armed Forces Special Power Act
As per section 4 (a) of the Armed Forces Special Power Act, the army and para-military forces in disturbed areas have the power to shoot to kill any individual who is violating or behaving in contravention of the law enforced.
Broad definition of this act is; “It is necessary so to do for maintenance of public order fire upon or otherwise use force even to the cause of death against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or things capable of being used as weapons or of fire arms, ammunition gvexplosive substances.” XXII
These broadly defined powers provide sufficient ground for shooting of detainees or even suspects. Despite, expression of concern by Human Rights Organizations and Amnesty International over these “cruel laws” which contravene the right to life, Indian government has not bothered to soften the provisions. All these laws make the security forces of India operating in the state of Jammu and Kashmir immune from prosecution for acts committed while exercising powers under these laws. Thus members of the forces are .encouraged to act with impunity. XXIII Section 22 of the PSA prohibits legal proceedings against officials for acts “done in good faith”. Section 26 of TADA under which many prisoners are held in the state prohibits legal action against any member of the security forces “purporting-xxiv to exercise power in good faith. Similarly section 7 of the Armed Forces (Jammu and Kashmir) Special Power Act provides that unless previous permission has been obtained from the central government, “No prosecution, suit or other legal proceedings shall be instituted against any person in respect of any thing done or purported to be done in exercise of the powers conferred by this Act.’, xxv A member of UN Human Rights Committee (UNHCR) has responded to this in following words; “Purported is the dangerous thing because any one killing any body can say, well I thought I was per-forming my functions: It is a highly dangerous (word) when one is dealing with the right to life. I sincerely hope, Attorney General that you will bring this to the attention of the government. True, there are disturbed areas, but people also live in disturbed areas and not every one cause disturbance in a disturbed area.”
Pattern of Indian Atrocities in Kashmir
There has been no let up in the Indian brutalities on Kashmiri masses, despite the fact that, today people are more mature, world conscious is more alive, electronic media is too fast arKI there are lot of human rights organizations and laws to protect human rights, millions of Kashmiris ,are being flayed for raising their voices against oppression by Indian occupation forces who are adopting even worse methods than those used by Dogras prior to 1947.xxvi Aa per a joint report by Asia Watch and Physician for Human Rights about Indian atrocities; “in their efforts to crush the insurgency, Indian forces in Kashmir have engaged in massive human rights violations including extra-judicial assaults on health care workers. Indian security forces have systematically violated international human rights and humanitarian law. Among the worst of these violations have been the summary executions of hundreds of detainees in the custody of security forces in Kashmir. Such killings are carried out as a matter of policy. More than any other phenome-non these deliberate killings reveal the magnitude of the human rights crisis in Kashmir”. XXVII
Shoot to Kill and Extra-Judicial Killings
This is the most common method used by Indian forces for their brutal activities on Kashmiri Muslims. Indian security forces take full advantage of the special immunity enjoyed by them under special laws. Security forces engage them-selves in widespread summary executions, retaliatory killings and opening indiscriminate fire in the crowded and residential areas, especially on unarmed processions, without any fear of accountability. XXVIII They considered themselves justified in doing so as they feel that they are sur-rounded by insurgents who demand their freedom. Indian forces have taken these powers as a licence to kill even unarmed masses. Mr Jugmohan who has been twice governor of Kashmir was notorious for allowing security forces to commit such atrocities. xxix It is evident from his book “My Frozan Turbulence in Kashmir”. In the book, he has shown his hate from Kashmiri Muslims. The Kashmiri freedom movement of last two decade is full of such type of shoot to kill incidents.
Torture
Eversince the start of Kashmiri movement in 1990, torturing the general populace, is a most com-mon method adopted by Indian security forces. They have perpetrated widespread torture and atrocities especially on the youth of the valley with the aim to terrorize the Kashmiris for their ultimate subjugation to Indian occupation. Indian forces are using various methods for torturing the Kashmiris. In an investigation report of Amnesty International in Indian occupied Kashmir, the doc-tors who treated victims of torture in their clinics and hospitals said that most of the patients they get from interrogation and torture centres are with acute renal failure. Now they are calling it “Physical Torture Nephropathy”. They attribute this to a combination of dehydration during torture and breakdown of soft tissues. Unless treated urgently, this treatment leads to the death.
People of the state are tortured through many other methods. After apprehension, they taken to various torture centres, where they are beaten up with flexible iron rods and wires. Their bodies are burnt with hot iron bars. At times they are made to lie on the ground and rollers are moved through their bodies. In most of the cases their heads and beards are shaved off after which they are given electric current. In an interview with a team of Amnesty International, a Kashmiri victim explained Indian torture in the wordings; “You always know in advance about the ‘current’ because they sent in the barber to shave you from head to foot. This is supposed to facilitate the flow of electricity. After he finishes shaving you, he hands you a cup of water to drink and then they attach the electrodes”.
Custodial Killings
Custodial killings have been the most common features, used by Indian security forces in Kashmir during last two decades. According to an Indian Punjab Human Rights Organization (PHRO), “Army portrayed the attitude and behaviour of occupation forces such as Nazis in Europe during the worst days of occupation”. XXX Actually during these crackdowns Indian forces cordon off the villages followed by segregation of males and females. Among male members they normally take youths to their custody in various interrogation centres and then misbehave with women folk.
According to the officials of the various world human rights organizations custodial killings are part of Indian policy. Indian officials even admit that their government is pursuing a policy of “catch and kill” in the occupied state. In 1990s, Indian security forces used to kill Kashmiris because jails were full or else they wanted to frighten the people so that they can abandon the demand for their right of self-determination. Kashmiri youth are special targets of custodial killings. As per Asia Watch, throughout in 1990s, the number of custodial deaths in occupied Kashmir ranged between 60 to 70 per month. xxxi
One can assess the custodial killings from the arcives of an Indian human rights groups that say; “What about countless young men in their teens and twenties who have been forcibly kidnapped by Army and security forces from any-where and everywhere? Very few of them get released after having been severely tortured in investigation centres which are torture chambers. Visit to hospitals pro-vides horrible facts of serious injuries inflicted upon them. There is no trace of the rest but one does hear from time to time about the mutilated bodies, seen floating in river Jhelum or on the roads. Deaths in custody are common practice in Kashmir”. xxxii It is worth mentioning that some of doctors and physicians who treated and kept record of human rights violations of were also killed by Indian security forces. Evidences prove that, all those detained in custody were later killed or tortured in such a way that they spend worse life with diaabilities, thus, wishing that it would have been better for them to die rather than living such a life.
Arson and Looting
Besides custodial killings and torture, Indian security forces have also committed widespread looting of the houses and business centres of Kashmir. They remained engaged in acts of arson, setting houses shops and markets on fire. In many cases during early years of uprisings, while burning the houses and shops, they force the inhabitants to stay inside by firing on all exit routes. According to a 1993-report of Asia Watch and Physicians for Human Rights; “Broad swath of Srinagar, Kashmir’s capital have been reduced to rubble, burned last month (April 1993) by Indian soldiers. Residents who tried to escape the flames were fired upon by security forces, which first bolted the doors of several buildings.”
By committing these brutal acts, Indian security forces aim to punish those Kashmiris, whom they think that they are supporting Kashmir liberation movement. Regarding the arson and looting by Indian forces a Paris-based international human rights group FIDH noted with concer that; “The security forces steel from the houses they search . Not only are their homes subject to sudden violent and arbitrary invasion, their persons to physical threat and torture but their property too, is subject to theft and rapacious removal. This occurs most often in rural or working class areas and it is the poor who are hit hardest. Traditionally, rural Kashmiris have kept their monetary savings and valuables at home, contacts with banking institution being relatively limited. This has made rich and easy pickings for the rampaging dishonest personnel of security forces. Theft occurs more frequently in the course of searches during crackdowns”.
Rape and Molestation
The incidents of rape and sexual abuse of women by Indian security forces have been more common in occupied Kashmir. Since the start of Kashmiri uprising in 1990, rape has been systematically used as a means of punishing women of all those areas which are suspected of supporting the freedom fighters. Beside rape, molestation, sodomy and many other forms of sexual abuse are very widely practiced by the Indian security forces on women, youth and children in the state. A report of International Human Rights Organization (IHRO) observes that; “The Indian state is fully behind the wrongdoings (rapes) as it has proved by its failure to hold any credible investigation and to punish the guilty. The Indian state encourages this as a matter of policy; similar behaviour is carried out by security forces in respect of other minority communities elsewhere in the Punjab, Assam and other minority regions and communities”. xxxiii
The Asia Watch and physicians for Human Rights have noted in their joint report of 1993 that the Indian security forces have frequently committed rapes as a part of their counter insurgency operations and have used rape as a weapon to punish or intimidate female victims”. As per FIDH’ “Rape is not uncommon and there is evidence of its employment as an instrument of terror. The infamous mass-rape by the Indian army at Kunan Poshpora was reported widely in international press. It is todate the most sickening example of the brutal excesses of the security forces against the women in the world. Asia Watch and the Physicians for Human Rights in 1993 observed that “Rape is used as a means to target those women whom the security forces accuse of being sympathisers of the millitants. In raping them the security forces are attempting to punish and humiliate the entire community”. Similarly most of the cases of rape and sexu-al molestation occur during house to house searches by security forces. They have been taking the male to various interrogation centres and their women used to be raped later. As per Britain’s Independent report of September 18, 1990; “Women are strung up naked from trees and their breast lacerated with knives as the Indian soldiers tell them that their breast will never give milk again to a new born militant. In many cases, women were raped infront of their husbands and childrens or paraded naked through villages and beaten on the breasts.”
Mass Graves in Indian Occupied Kashmir
Thousans of mass graves have been unearthed in the Indian occupied Kashmir. As per a recent report of Human Rights Commission of Indian Occupied Jammu and Kashmir, after an investigation of three-years, it has “uncovered 2,156 unidentified bodies in 38 sites in the region. XXXI” Over 940 graves were found only in a segment of Baramulla district alone, some containing more than one cadaver. As per the locals, most of these were dug by locals, coerced by the police, on village land. Bodies dragged through the night, some tortured, burnt, desecrated. Security forces gave the impression to the locals that these were the ‘foreign militants’. However, once exhumated and identified in some cases, it was revealed that, these were local people, innocent Kashmiris, terrorized by India and killed in fake encounters. Facts of the mass graves were unearthed by various local and foreign teams including International People’s Tribunal on Human Rights and Justice in Indian occupied Kashmir. xxxv As per Daily Times, human rights groups in IHK had “found unmarked graves containing several thousand bodies in the revolt-hit region during a three-year survey of dozens of villages.” International People’s Tribunal on Human Rights and Justice and Srinagar based groups has found 2900 bodies from 2700, graves which are “unknown,. unmarked, and mass graves”. XXXVI
Upon revealation of mass graves in various parts of occupied Kashmir, European Union Parliament has passed a condemnation resolution against brutalities of Indian state forces in 2007. European Union has also demanded immediate investigation of the issue and has even offered assistance to probe mysterious deaths of thousands of disappeared Kashmiris since 1989.XXXVII Similar graves have also been found elsewhere in occupied Kashmir. Far and wide it is believed that these were missing Kashmiri, whose relatives are still waiting for their return, but they have been martyred in fake encounters by Indian state forces. This is really a praiseworthy achievement of EU Parliament and has been valued by Kashmiri masses. It is beyond perception that why a resolution could not be moved at United Nations Security Council for an inter-national probe to expose Kashmiri massacre at the hands of Indian forces. After all the wartime Bosnian Serb leader Radovan Karadzic has been arrested for a probe on the charges of similar massacre of Bosnian Muslims after he has been indicted for genocide and has been on the run for thirteen years.
International Response over Human Rights in Kashmir
In the wordings of Howard B. Schaffer, a scholar of Georgetown University, USA; “Basically, Washington lacked the power to compel India to make major political and territorial commitments on Kashmir, and these were absolute requirement for a settlement of Kashmir dispute.-xxxviii The disputed nature of the Kashmir issue in general and human rights violations there in particular is gaining the attention of international community, but hardly there have been any focused attempt to undo the past mistake. It has been observed that, international community has been aloof of the Indian brutal acts against Kashmiris. Non-condemnation of these Indian acts of massive human rights violations, by international community has further encouraged India to step-up its brutalities on the armless Kashmiri masses. The incumbent British Prime Minister Mr. David Cameron has been bold enough in accepting this historical remorse in a recent statement, during his visit to Pakistan. The visiting Premier once questioned to play a mediatory role towards the settlement of the issue, denied to do that. However, he accepted the mistakes committed by Britain during the colonialism. He said that, “‘I don’t want to try to insert Britain in some leading role where, as with so many of the world’s problems, we are responsible for the issue in the first place.” Even Britain has supported all the UN resolutions on Kashmir, calling for the settlement of the issue and its successive leadership too have been emphasizing for its solution. In January 2009, David Miliband, the former British Foreign Secretary emphatically accentuated on resolution of the Kashmir issue during his visit of India. Earlier President Obama had revealed his resilience to establish peace in South Asia by making earnest efforts to resolve unsettled dispute of Jammu and Kashmir. In an interview he said that, “We should try to resolve the Kashmir crisis so that Pakistan can stay focused not on India, But on the situation with those militants?”
There is a big question mark on the role of the United Nations, the- 4 only International Organization, man-dated 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. Besides, the major powers had a role to play for the maintenance of peace and a balance in the world, but owing to a number of factors; they also failed to undertake their moral responsibilities from the platform of UNO. Through new strategic alliances, India has become a partner of the major powers like; United States, European Union, and Russia. These major military and economic powers have their stakes in India, a country having 1.3 billion populations. Within these major interests, the voice of the Kashmiri’s right of self-determination has lost its pitch as well as the echo.
On the eve of the 11th International Kashmir Peace Conference, held in Capital Hill, Washington, in July, 2010, the participants felt that to end the “perennial suffering of the people of Jammu and Kashmir expeditious resolution of Jammu and Kashmir dispute on permanent basis has become urgent and essential.” Dr. Ghlum Nabi Fai, the Executive Director of the American Kashmir Council, emphasized that, “United Nations to lead the effort to achieve a fair and lasting settlement of the Kashmir dispute.” The participating US Congressmen expressed their deep anguish over the continued human rights violations in the IHK. They called upon India for ending the “persecution of people in the state and respecting human rights in the state.” The US think tanks and MPs were of the opinion that, “for bringing peace in South Asia, the resolution of Kashmir dispute has become imperative.”
Implications and Suggested Wayforward
After having gone through the tale of Indian brutalities on helpless people of Kashmir, one would feel that, there has been mysterious silence of international community over the violation of massive human rights in the Indian occupied state. There have been probes by international Human Rights Organizations, Amnesty International, UNHCR, and many other organizations, but, no one seriously tried to unearth the hidden Indian atrocities on Kashmiri people and if found the traces, there have been no efforts to redress those. Had these violations occurred in some other parts of the world, especially in western world the situation would have been different. With hardly 15-20 percent human rights violations compared to Indian Occupied Kashmir, in East Timor and Sudan, referendums were held on the dictation US, where people voted for separation even from their native countries. Now these are two independent countries with hardly few UN resolutions. It is very sad that the world body is unable to raise its voice against such horrendous crimes by the Indian troops in Kashmir, which is not integral part of India.
Thus, 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 to an extent that may be unimaginable now, as India and Pakistan are nuclear-armed countries.
Therefore, the UNO, US, Russia, European Union and China must pressurize India to immediately end the human rights violations in Kashmir, pullout its security forces and resolve the issue as per the wishes of Kashmiri subjects in the light of UN resolutions. This would bring peace and stability in the region, after all, global peace must be dear to the major powers too.
Conclusion
How Indian treats Kashmiris is evident from the statement of former Kashmiri Prime Minister and Chief Minister, Sheikh Abdullah, who once said, that Indian authorities “Treated me like a chaprasi (peon).” He was considered to be the most trusted friend of Indian Government, who concluded a for-mal agreement with India; Kashmir Accord-1974. Despite serious reservations on the inhuman laws by UNHCR, giving Indian forces sweeping powers to brutalize the Kashmiris, Indian government has done nothing to change these cruel laws. Amnesty International and Kashmiris strongly feel that these laws are a licence in the hands of the Indian Security Forces to kill the helpless Kashmiris in custody as well as on open roads and streets. Since no member of the security forces including Kashmir police can be prosecuted, and alleged to have committed human rights violations, therefore they are free to do anything with the lives of any Kashmiris under the cover of these the laws.
If international community is really desirous of bring a peace and stability in South Asia, then there would be a requirement of a deliber-ate and dedicated effort to undo the historical wrongs by resolving the Kashmir dispute as per the wishes of the people of the state of Jammu and Kashmir. It is considered view that resolution of this issue would resolve all other issues directly or indirectly linked with it and there would come economic prosperity and political stability in the so far volatile region of South Asia.♦
Endnotes
1. ‘Muhammad Yousaf Saraf, Kashmiris Fight for Freedom-Vol-I (1819-1946), Ferozsons Ltd, Lahore; 1977. P. 64.
2. iiJafri Maqsood, Plight of Kashmir (Rawalpindi : Kashmir Liberation Cell, 1998), pp.48-53
3. Howard B. Schaffer, The Limits of Influence: America’s Role in Kashmir, Penguin Viking, New Delhi; 2009. P. 153. > Times of India, March 11, 2000.
iiilbid.
4. ivAmin Tahir, Mass Resistance in Kashmir-Origion, Evolution, Options (Islamabad: Institute of Policy Studies, 1995), p.53.
vlbid.
5. Ganguly Rajat, India, Pakistan and the Kashmir Dispute, Asian Studies Institute & Centre for Strategic Studies Victoria University of Wellington ISSN: 11745991 and ISBN: 0475110552.
6. viHarinder Baweja, Kashmir Losing Control (Delhi) India Today May 31, 1993.
7. viiSchofield Victoria, Kashmir in the Crossfire (London: IB Tauris &- Co Ltd, 1996), p.259.
8. viiiWorld and Kashmir — 1994 A report prepared and issued by Kashmir Institute of International Relations.
9. ixKashmir : Wages of Manipulation India Today, August 31, 1991.
xlbid.
10. xiSeema Kazi, Between Democracy and Nation:Gender and Militarisation in Kashmr, Oxford University Press, New York; 2009.p. xvii.
