Untold Stories of Human Rights Violations in Kashmir ABSTRACT:

     Untold Stories of Human Rights Violations in Kashmir ABSTRACT:

     
  Due to specific historical
events in which country was divided on the
basis of religion and followed communal
riots with the largest transfer of population
even taking place in human history, the
autonomy issues got mired in controversy.
Talween Singh blames the Congress and NC
(National Congress) for failing to recognize
the discontent in the local Kashmiri Muslim
population of the valley (Singh, 1994:11).
These developments cast their spell on the
debates in the Constituent Assembly of India
too in which the majority opinion of makers
of Indian Constitution favored a strong Centre.
That ethno-cultural, linguistic, religious, and
geographical diversity of the country was well
known to them and they could not just wish
it away. Therefore, striking a balance between
these two complex realities, they adopted a
INTRODUCTION
Since 1989, the people of Kashmir were
killed, tortured, humiliated, and injured.
Thousands of the people were killed due to
cycle of violence prevalent in Jammu and
Kashmir. Thousands of the people got injuries
and they became disabled to work. Many
are those who lost their beloved children’s,
daughters, sisters, mothers, and some women
have lost their beloved husbands who were
only the source to care for them. Due to
turmoil situations, thousands of the houses
and shops were burnt.
In the historical context, the Jammu and
Kashmir State was given special status and
greater autonomy within the Union of India
when Union adopted its Constitution on 26
January 1950. The Jammu and Kashmir was
the only Muslim state, which rejected the two-
nation theory and the partition of the country
HILAL AHMAD WANI, ANDI SUWIRTA & JOSEPH FAYEYE
Untold Stories of Human Rights
Violations in Kashmir
ABSTRACT: Kashmir is an intractable conflict between the two South Asian countries: India and Pakistan. It had
affected people of tiny nation badly. Every individual suffered here in this vale of paradise which was known as the
beautiful region across the globe. But its irony that due to unrest, turmoil, and cycle of violence, people lost their kiths
and kens; and because of all that, State of Jammu and Kashmir suffered a lot. This valley has seen plenty of untold
stories of massive violations of human rights committed by Indian army, police, and by some of the militant groups.
Since 1989, the people of Kashmir were killed, tortured, humiliated, and injured. Thousands of the people were killed
due to cycle of violence prevalent in Jammu and Kashmir. Thousands of the people got injuries and they became
disabled to work. Many are those who lost their beloved children’s, daughters, sisters, mothers, and some women have
lost their beloved husbands, who were only the source to care for them. Due to turmoil situations, thousands of the
houses and shops were burnt. This study will describe how fundamental rights of the people were encroached and
curtailed. It will also highlight how the people of this region were suppressed due to misuse of the armed forces. It is
pertinent to mention here that no democracy can be successful where draconian and inhuman laws are prevailing.
Democracy can only survive when the dignity of every individual will be respected and safeguarded. Here are tears in
every mother’s eyes that lost their beloved children. Everybody here hates violence and is ready to see peaceful Kashmir
without any conflict and human rights violations, may this dream of so many become reality.
KEY WORDS: Untold stories, violations, fake encounters, draconian laws, psychological disorder and suicides,

Constitution, which remains federal in form
and but unitary in spirit. At the political level,
the special status of Jammu and Kashmir State
was an anathema to those political forces,
which perceived that it held the potential to
pose a challenge to the unity and integrity of
the country (Ranabir, 2005:93-113).
Thus, the autonomy of Jammu and
Kashmir fell victim to the controversy between
the centrist and centripetal political forces did
manage to dilute the autonomy of Jammu
and Kashmir State to more extent. Ironically,
these were not the forces which are perceived
as right wing, extremist-nationalist in nature,
responsible for weakening of autonomy in
Jammu and Kashmir. In fact, the political
dispensations at the centre which diluted the
autonomy of Jammu and Kashmir wanted
to achieve the twin objective of gradual
withdrawal of states autonomy under the
perception of strengthening the process of
nation building in the country and extending
the influence of their own political parties
in the State of Jammu and Kashmir. The
existence of over centralization, in the
political, constitutional, and economic spheres,
for the last five decades has revealed that such
a policy has left large chunks of population
in the country dissatisfied. Moreover, the
paradigm of centralized planning pursued
in the country has indicated that benefits
of development have not percolated to the
grassroots level (Punjabi, 2000:6).
The crude process of centralization was
introduced systematically and pursued
vigorously by successive Central governments
in collaboration with the state government
in the name of integration. In this process of
centralization, the titles of Sadre Riyasat and
Wazire Azam were changed, the jurisdiction of
Election Commission of India and Supreme
Court of India was extended to the State of
Jammu and Kashmir; and many central laws
were extended to the state in undemocratic
way. All major political as well as non-political
decisions were imposed from Delhi. Thus,
many of the basic features of the Article 370
of the Constitution of the India were scrapped
and making special status of Jammu and
Kashmir completely ineffective. Now, it can
be said that Article 370 is only a showpiece.
In actuality, the state was made like a colony
(Behuria, 2000:25; and Acob, 2010:10).
Its reality about the Kashmiris that they
have been considered always as second-class
citizens within their own land. They have
been crushed, humiliated, and dishonored.
Reality is that the innocent people of Kashmir
have been treated like animals and worst than
slaves. Kashmiris were tortured, interrogated,
and killed by the Indian security forces. Every
person in Kashmir does not feel himself/
herself free as far as the democratic rights
(freedom, rule of law, justice, and security); all
are absent in Kashmir.
Only the army, police, task force, and leaders
of Kashmir so called villains have their rights to
terrorize Kashmiris without any reason. Media
persons are not allowed to present the right
picture of gross violations of human rights in
their newspapers. Armed forces and police beat
some media persons. People are not allowed to
go hospital during hartals and curfew. Reality
is that Kashmiris have no right to protest,
demonstrations, and right to peaceful march.
Thousands of the people have been killed and
thousands injured; thousands are in prisons and
thousands are missing; hundreds have done
suicides due to turmoil situations prevalent in
Jammu and Kashmir.
Every person in Kashmir is living a life
with fear. In addition, schools, colleges, and
universities remained closed for indefinite
periods due to cycle of violence. In nutshell,
it can be said every Kashmiri have suffered
by one-way or other. Kashmiri youth were
killed in the name of encounter, women
were molested and raped, and old men were
dishonored. Schools, shops, buildings, bridges,
and other properties were demolished or burnt.
Indian Armed Forces and other Paramilitary
Forces and Police backed by India did all this.
These are the untold stories about the
Kashmir, it brings tear in eyes of every
Kashmir. Until and unless India will not
change its attitude towards Kashmir, Kashmiris
will support India nor will they live with India
only they will work for self-determination and
freedom. India can end the doors of alienation
when it will give the greater autonomy to
the people of the Kashmir, when it will
accommodate the interests of Kashmiris, when
it will prevent misuse of power, and violations
of human rights committed by armed forces.
Kashmir conflict is not only a border
dispute between India and Pakistan, rather
Kashmiris are the main party of the dispute. It
is reality, which is not hidden that Kashmiris
have suffered more. The human rights
violations in Kashmir is same, as it is in
Palestine committed by Jews over innocent
people of Palestine; but in the context of
Kashmir, it is committed by Indian Forces and
Indian Paramilitary Forces and Police backed
by India willingly.
Violations of autonomy and violations of
human rights in Kashmir show the failure of
Indian democracy. India can win hearts of
Kashmiri’s people only through the process of
greater autonomy, addressing the problems of
Kashmiris, good governance, and prevention
of misuse of power in Kashmir. It is not good
option for India as a major democracy in the
world to curtail the fundamental rights of the
people of Kashmir, rather best democracy is
that country which can provide safety and
security to her people and fulfill their basic
amities.
It is only democracy, which talks about
particular and distinguished rights of people.
India has the glorious past based on non-
violence and tolerance but in the context of
Kashmir, tolerant India has lost its tolerance
and become violent in Kashmir valley.After
1989, the autonomy of Kashmir was abrogated
and amended gradually and slowly through
process of centralization or over centralization
(Chadha, 2007:84-86). Government started
the curtailment of the fundamental rights
of the people of Kashmir. Kashmiris were
suppressed, tortured, massacred, and
humiliated through the deployment of armed
forces, AFSPA (Armed Forces Special Powers
Act), Public Safety Act, and other draconian
and stringent laws. Violation of human
rights includes no respect of the dignity of
Kashmiris, brutal killings, encounter, illegal
detentions, molestation and rape of women,
missing of youth, torture of old men, burning
of houses, shops, schools, buildings, and other
properties etc.
Peace can be established in Kashmir when
India will respect the dignity of the Kashmiris
and withdraw all draconian laws from
Kashmir, minimize armed forces, and end
human rights violations. It is very important
to mention here that state came into existence
for the welfare of the people, if state is not
successful in the maintenance of its objectives
for the welfare of people then revolution
started. State has no importance if it will not
take into account aspirations of its people.
Safety and security to its people is the main
duty of every state. However, very few states
become successful in their objectives. The best
examples are USA (United States of America),
Britain, and other developed countries where
citizens are satisfied and feel secure and safe
(Bukhari, 2009:20-22).
UNTOLD STORIES OF VIOLATIONS
The Kashmir problem has affected
Kashmiris on both sides of the Line of Actual
Control. In fact, they have been suffered in
the absolute sense of the term in the previous
years (Bose, 2003:14-15). After the ongoing
movement started in 1989, the Kashmiris
have been killed, massacred, raped, tortured,
dishonored, and humiliated. According to
local human rights organizations estimates,
about 70,000 youths, mainly belonging to the
age group of 15-25 years, have been killed by
the security forces and militants; about 40,000
youths have been tortured in the interrogation
centres and jailed; more than 20,000 are
missing; equal number have become disabled
due to injuries, torture, and psychological
breakdowns; hundreds of young women have
been raped by the Indian forces; elderly women
have been molested repeatedly; and elder men
have been dishonored; the entire population
have been humiliated through the practices of
parades, crackdowns by the security force.
A simple survey reveals that every family in
Kashmir has been suffered in terms of youth
killed, injured or tortured, a woman raped or
molested, elder men and women dishonored
and humiliated. The people who were killed
or injured mostly were innocent children’s
from the age of 5 to 22 years old, not only this
but women were killed and injured during the
peaceful protest march.
It is a matter of great concern for
civil society as well as for hum


organizations to highlight the issues of gross
violation of human rights in Kashmir valley,
if civil society and human rights organization
will not highlight the issues of gross violation
of human rights in Kashmir valley, then, it
would be considered a criminal silence of
them. Undoubtedly, it can be said that the
people of Kashmir are humane, generous,
religious, tolerant, and gregarious by nature.
But due to conflict, the people of Kashmir
suffered a lot.
It is history of Kashmir, which is the best
proof that Kashmiri youth have followed the
path of freedom; because they have lost their
parents, sisters, brothers, and their property
were burnt due to conflictual situations
in Kashmir. It was the major reason that
they have adopted the path of self defense.
Whereas, youth of Kashmir having immense
potential and ability to crack even the highest
and prestigious exam of their country, and
its best example is not only Shah Faisal who
topped the IAS (Indian Administrative Service)
in 2009 at his first attempt, but there are many
more who have the courage to achieve the
excellence; and the youth of Kashmir always
remains in turmoil situations, their schools are
being closed during cycle of violence; and in
this situation, their education become affected.
It was the great irony with Kashmiri people
that they did not have good friends who can
understand their genuine problems and try
to solve them. Hiren Mukherjee said: “Even
today, perhaps the best of us do not quite realize the
depths of Kashmir’s alienation and are unready to
ponder ways and means of overcoming it” (cited
in Noorani, 2009:35). Wajahat Habibullah
realistically remarks: “Until each citizen can
live free from fear, democracy can only be notional,
no matter how elections are conducted or who
participates”. Wajahat Habibullah, further, says:
I believe, based on my experience working the
state with its people that remedy for the Kashmir
situation need not be elusive, provided that all
stakeholders are sincere in their endeavor to
restore peace and that respect for the dignity of
Kashmiri people is at the core of any resolution.
Ignoring the self-respect of Kashmiris believing
that they as a people could be bought-brought on
and fuelled the cycle of ruin. A brief history of
Amarnath land dispute will tell us that Kashmiri
people special rights are being violated. The 800
Kunals land at Baltal was considered to be given
to the Shri Amarnath Shrine Board (SASB) in 2008.
In return, SASB has to pay 2.5 crore to the Forest
Department. There is no doubt in saying that
Hindus came to Kashmir for Yatra and Kashmiri
had treated them in humane way. Then what was
the need to transfer the Kashmir land and to create
violence in Kashmir valley. For the first time, the
SASB comes into existence in 2001, when Farooq
Abdullah was the Chief Minister (Habibullah,
2008:180-190).
In 2005, the then governor S.K. Sinha,
as Chairman of the board, writes to Chief
Minister Mufti Mohammad Sayeed asking
for land to accommodate the rising number
of pilgrims, finally Gulam Nabi Azad Cabinet
approves unanimously. On 23 June 2005,
Syed Ali Shah Geelani, Chairman of the
All Parties Hurriat Conference, announced
an agitation on transfer of Kashmir land to
SASB (Shri Amarnath Shrine Board). The first
fake encounter that attracted attention was
the killing of five people by the police and
the seven Rashtriya Rifles in the Pathribal
area of South Kashmir on March 25, 2000.
In later the death of a carpenter in Kokernag
in a fake encounter uncovered the killing
of four more civilians in the same fashion.
Eleven policemen, found guilty of hatching the
conspiracy to kill five innocent civilians, calling
them “militants” were arrested.
In February 2006, about 20 boys playing
cricket in playground in Doodhipora in
Kupwara district were fired upon by Army
personnel, four boys were killed. In March
2009, in Sopore Bomai area, two civilians
were killed without any guilt. There are
untold stories of encounters in Kashmir vale,
it become an easy way for armed forces to kill
innocent people of Kashmir in order to reach
the higher ranks by committing such heinous
crimes.On 29 May 2009, Aasiya Jan, 17 year
old, a school girl, and her sister in-law, Neelofar
Jan, 24 years old went into their orchard at
Degam, Katpura, across the Rambiara Nullah,
around 5 p.m. Neelofars husband, Shakeel
Ahmad Ahangar, told the press:
When they did not return till late in the evening,
I went out to search for them. I could not find
them anywhere and a neighbor told that the duo
had left for home just when a patrolling party
was passing through the area. I then approached the police party led by the station officer, went
out in search of Neelofar and Aasiya but could
not locate them till 3 a.m., after which we return
(cited by Noorani, 2009:39-40).


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