1. Prelude
The United Nations (UN) had been formed on culmination of the Second World War (1939-45) in the backdrop of unprecedented & colossal damages of life and property the nations had suffered. The UN is the torchbearer of human rights and liberties. The UN Charter had included the human rights (UNCHR, 2018).
2. UN Human Rights under International Convenant on Civil and Political Rights
Specific rights are mentioned along with their violation/ denial in the following:
2.1 Prohibition of Discrimination in Exercising Civil and Political Rights
Both civil and political rights have been denied to the Kashmiris vide Indian Constitutional Amendment Articles 370 and 35A.
2.2 Equal Right of Men and Women to the Employment of Civil and Political Rights
Under the Indian Constitution the Indian Held Jammu & Kashmir (J&K) had enjoyed special status and non-Kashmiris could not get employed. Now employment scenario has been opened for all Indians. This has precluded job opportunities for both Kashmiri men and women.
2.3 Right to an Effective Remedy
There is no remedy for the Kashmiris for any grievance. They have been left with no option.
2.4 Right to Life
Life of Kashmiris is at stake. Curfew of over four months had made their lives miserable. They are dieing of hunger, poverty and non-availability of medicines. Mothers are not sure whether their sons, daughters and husbands would reach home safe and sound.
2.5 Prohibition of Torture or Cruel, Inhuman or Degrading Treatment or Punishment
The Kashmiris are undergoing colossal mental and physical tortures. Their women and children are being tortured & harassed.
2.6 Freedom from being Subject without free Consent to Medical or Scientific Experimentation
The expecting women are facing death on account of lack of medical treatment. Young ladies are being raped by the Indian soldiers.
2.7 Prohibition of Slavery and Servitude
Kashmiris are being treated as SHUDARS. They are considered worse than slaves.
2.8 Prohibition of Forced or Compulsory Labour
The Kashmiris are being forced to compulsory labour by the Indian soldiers.
2.9 Liberty and Security of Person
The Kashmiris are left on mercy of Indian soldiers and RSS miscreants. They are most insecure persons. Their liberties have been completely snatched.
2.10 Right of a Person Deprived of Liberty to be Treated with Humanity and with Respect for his or her Inherent Dignity
The Kashmiris are not treated like humans. They have lost their respect and dignity.
2.11 Prohibition of Imprisonment on the Ground of the Inability to Fulfill a Contracted Obligation
The local people are put in prison without reason by the Indian soldiers especially the youth.
2.12 Freedom of Movement and to Leave and Return to one’s Own Country
There is no freedom of movement of the people. They cannot leave their houses what to talk of leaving for other parts of India and abroad.
3 HUMAN RIGHTS UNDER International Covenant on ECONOMIC, SOCIAL and CULTURAL Rights
These are given below:
3.1 Prohibition of Discrimination in Exercising Economic, Social and Cultural Rights
Job and business opportunities have been reduced drastically. The Kashmiris cannot do business activities since they are under siege for the last over three months. The agricultural produce and fruits are rotten now and access to markets is stopped. They cannot undertake business ventures within and outside Jammu and Kashmir. Also their trade links with Azad Jammu & Kashmir (AJ&K) have been annulled. The Kashmiri culture is being tarnished heavily on account of military operations and RSS nefarious agenda. They are unable to maintain social contacts among their kith & kin and friends. Kashmiri students study in India and abroad cannot contact with their parents since communications like internet, landline and cell phones have been closed.
3.2 Equal Right of Men and Women to the Enjoyment of all Economic, Social & Cultural Rights
Gender rights with respect to economic, social and cultural rights have been willfully destroyed. The Kashmiris women cannot undertake such activities because of occupational dangers, sexual harassment and gang attacks.
3.3 Right to Work
Right to work has been snatched for the locals. Employment doors have been opened for all Indian people.
3.4 Right of Everyone to The Enjoyment of Just and Favourable Conditions of Work
Neither the jobs are given nor the work conditions are made favourable for Kashmiris. They are forced to leave their existing work places forcibly.
3.5 Right of Everyone to Form Trade Unions and Join the Trade Union of His Choice
Trade union activities are banned. Kashmiris cannot raise voice for their legitimate right on account of non existing communication facilities.
3.6 Right of Trade Unions to Function Freely
The homes and work places are under siege by the Indian troops. Under these circumstances they can continue with the union or association activities.
3.7 Right to Strike
The Kashmiris are confined to their houses without access of any kind with outside world. They cannot think of any strikes against the tyrant rule.
3.8 Right of Everyone to Social Security, including Social Insurance
No social security arrangement is functional for poor Kashmiris.
3.9 Obligation of the State to Accord Protection and Assistance to the Family
J&K State has been abolished. Indian government has taken direct control of J&K and divided into their territorial units. Thus Kashmiri families are not protected and remain exposed to Indian aggression.
3.10 Right to Free Consent of the Intending Spouses to enter Marriage
Because of unprecedented prolonged curfew marriages are not taking places. In certain cases Hindus are forcibly marrying the Kashmiri women.
3.11 Obligation of the State to Accord Special Protection to Mothers during a Reasonable Period before and After Childbirth
The expecting women cannot leave the houses and avail of medical needs. Unhealthy babies are born since their mothers cannot have proper food. Many children die due to gynae complications.
3.12 Obligation of the State to accord Special Measure of Protection and Assistance on Behalf of all Children & Young Persons
Life of children is under threat since they are provided with suitable died and healthcare. Young persons are picked up from their houses by Indian troops and RSS elements. They are taken to unknown places for severe tortures. Parents are not told about their whereabouts.
3.13 Right of Everyone to an Adequate standard of Living for Himself and his Family, including the Right to Adequate Food, Clothing & Housing
Kashmiris are leading the worst ever life. They are deprived off food, clothing and shelters so that their population is ultimately decreased.
3.14 Right to be Free of Hunger
Food supplies from outside have been stopped. Instead of trucks bring foodstuff for them, the fresh Indian troops arrive in their places. The women and children are especially suffering from fast spreading hunger.
3.15 Right to Health
Hospitals are not functioning. Medicines are not available in the stores. No healthcare of any kind is rendered so that the Kashmiris may die the earliest.
3.16 Right to Education
The educational institutions are either closed or unsafe for learning. The people are afraid of sending their children to schools and colleges. The Kashmiri students studying in Indian educational institutions outside J&K are harassed and asked to leave by the Hindu students & teachers and RSS hooligans.
3.17 Right to Take Part in Cultural Life
J&K is known for cultural activities and tourism. Now the Kashmiris are struggling for their life rather than taking part in cultural & social events. Instead of enchanting Kashmiri music people are listening to gunfire & bomb blasts by Indian occupying troops.
3.18 Right to Enjoy the Benefits of Scientific Progress and its Applications
Educational and scientific functions are completely stopped. Under the continued curfew people are facing mental and physical tortures.
3.19 Right of Everyone to Benefit from the Protection of Moral and Material interests Resulting from Any Scientific, Literacy or Artistic Production of Which he is the Author
Moral and material interests of the Kashmiris have been taken away by the Indian troops. The people are entangled in tortures of all sorts. They are all the time terrified. The youth are being forced to retaliate.
4. INTERNATIONAL TREATIES OF HUMAN RIGHTS
Significant treaties are enumerated as follows:
4.1 1965 International Convention on the Elimination of All Forms of Racial Discrimination
4.2 1966 International Covenant of Economic, Social and Cultural Rights
4.3 1966 International Covenant on Civil and Political Rights
4.4 1979 Convention on the Elimination of All Forms of Discrimination against Women
4.5 1984 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment
4.6 1989 Convention on the Rights of Child
4.7 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
4.8 2006 Convention on the Rights of Persons with Disabilities
4.9 2006 International Convention for the Protection of All Persons from Enforced Disappearance
5. EXISTING DISMAL SCENARIO
Despite the ever worsening humanitarian situation in Indian Occupied J&K following serious observations are noteworthy
5.1 Political activities are banned completely.Top Political Leadership including ex-Chief Ministers (Farooq Abdullah, Omar Farooq and Mehbooba Mufti) have been arrested. Also freedom fighters like Syed Ali Gillani, Yasin Malik and Mir Waiz Umar Farooq have been placed under house arrest.
5.2 Apathy on Part of the UN
Ironically the UN is unabatedly silent on the Kashmir issue especially the Security Council for implementing its resolutions to hold free and fair plebiscite in Kashmir Valley. UNICEF is not doing anything for children. WHO is keep quiet about health concerns. UNESCO has not mentioned about losses of education and science. UNHCR is silent on human rights violation on part of Indian Government.
5.3 Organization of Islamic Cooperation (OIC) has not contributed anything practically except the hollow statements.
5.4 Islamic countries have not come forward to help their Muslim Kashmiri brethren especially the rich Arab states.
5.5 Global NGOs have not shown any significant support which is normally expected of them.
5.6 International Red Cross has not come to rescue of the marooned people of J&K.
6. THE WAY FORWRAD
6.1 Government of Pakistan along with Government of AJ&K should launch sustained initiatives on war footing for mobilizing the world conscience against Indian atrocities in J&K.
6.2 Forum of the UN, OIC and other global organizations must be utilized for holding plebiscite in Kashmir Valley.
6.3 The UN should immediately send fact finding mission in J&K immediately. Its report must be discussed in UN Security Council and UN General Assembly.
6.4 Both electronic and print media be extensively used for creating mass awareness about the Kashmir issue among various segments of the world societies.
6.5 The existing chain of seminars, conferences, marches, sit ins, processions, talks shows, etc. most of continued in every nook and corner of the world.
REFERENCES
Hussain, M., Environmental Degradation: Realities & Remedies, Ferozsons (Pvt) Ltd., 1998, Lahore, Pakistan
- The Environ Monitor
- UNHCHR, 2018
