Kashmir on Fire
Jul 19 2016 (Manila Times) – Kashmir is bleeding once again. Many innocent civilians have been brutally killed and many more injured by the Indian security forces. Surprisingly, there is a deafening silence in the local media. No views, no comments whatsoever have appeared. Strangely, the media, which is otherwise very active and springs into action on the slightest violation of human rights, kept mum as if Kashmiris are not human, their blood carries no importance and is cheaper than water. Many nowadays are voicing serious concerns about the rights of drug addicts killed by the police but not a single word for Kashmiris.
Views and opinions apart, there was a complete blackout in the local print media about the recent incidents of human rights violations in the Indian-occupied Kashmir by the Indian military and paramilitary forces against those protesting the killing of Kashmiri leader Burhan Wani, who was extremely popular among the masses. As a result, dozens of innocent Kashmiris were killed, over 2,100 have been injured, 400 of whom critically. People have been denied access to basic emergency services and right to health. There have been incidents of violence, harassment and shelling of teargas in hospitals to prevent access to hospitals and restrict the movement of ambulances. The brutality can be gauged from the fact that Indian Security Forces used pellet guns above waist-height, resulting in many injured, including those who lost their eyesight.
The use of excessive force against innocent civilians, protesting over extrajudicial killings, is deplorable and a blatant violation of the right to life, right to freedom of expression and opinion, right to peaceful protest and assembly, and other fundamental human rights. In fact, Indian forces have since long employed various draconian laws like the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act and Public Safety Act in killing the Kashmiri people, and for the arbitrary arrest of any individual for an indefinite period.
Human Rights Watch and Amnesty International have pointed out grave human rights violations in the Indian-controlled Kashmir. In its July 2, 2015 report, Amnesty International highlighted extrajudicial killings of the innocent persons at the hands of Indian security forces in the Indian-held Kashmir. The report points out, “Tens of thousands of security forces are deployed in Indian-administered Kashmir … the Armed Forces Special Powers Act allows troops to shoot to kill suspected militants or arrest them without a warrant … not a single member of the armed forces has been tried in a civilian court for violating human rights in Kashmir … this lack of accountability has in turn facilitated other serious abuses … India has martyred 100,000 people. More than 8,000 disappeared (while) in the custody of army and state police.”
The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions, Christof Heyns, after his visit to India in March 2012, called on the government of India to continue to take measures to fight impunity in cases of extrajudicial executions, and communal and traditional killings. In his report he stated, “Evidence gathered confirmed the use of so-called ‘fake encounters’ in certain parts of the country … the armed forces have wide powers to employ lethal force.” A high level of impunity enjoyed by police and armed forces exacerbate such a situation, owing to the requirement that any prosecutions require sanction from the central government—something that is rarely granted. “The main difficulty in my view has been these high levels of impunity,” the Special Rapporteur stressed.
India has been justifying these atrocities under various pretexts, such as by portraying these as internal affairs, stating that Kashmir is part of India. In addition, it tries to equate Kashmiris’ struggle with terrorism and blames Pakistan for fomenting militancy.
India is wrong on both counts. First of all, Kashmir is not and had never been part of India. It is a disputed territory with numerous UN Security Council Resolutions outstanding on its agenda. A series of UNSC Resolutions have been issued reiterating the initial ones issued in 1948 and 1949. Calling it an internal matter to India is a violation of UNSC Resolutions. The current situation in the Indian Occupied Kashmir and the indigenous movement for self-determination, which is going on for a long time in IOK, is a manifestation of what the Kashmiris want. They are resisting against the Indian occupation of their territory and want to exercise their right to self-determination. They want UNSC to implement Resolutions on the Kashmir dispute and fulfill their promise.
In addition, the disputed status of Kashmir is also supported by the Indian leadership in the past. Prime Minister Nehru, of India, in his Statement on All India Radio on Nov. 3, 1947, said: “We have declared that the fate of Kashmir is ultimately to be decided by the people. The pledge we have given not only to the people of Kashmir but to the world. We will not and cannot back out of it.”
Later, while addressing the Indian Parliament, on Aug. 7, 1952, he said, “I want to stress that it is only the people of Kashmir who can decide the future of Kashmir. It is not that we have merely said that to the United Nations and to the people of Kashmir; it is our conviction and one that is borne out by the policy that we have pursued, not only in Kashmir but everywhere. …
“I started with the presumption that it is for the people of Kashmir to decide their own future. We will not compel them. In that sense, the people of Kashmir are sovereign.”
There are plenty of statements by Indian leadership and the UN to the effect that Kashmir is a disputed territory and its future is to be decided by seeking the wishes of the Kashmiris through a plebiscite under the auspices of the UN.
India’s portrayal of Kashmiri’s struggle as terrorism is another farce, which unfortunately has been taken at face value by the international community. Most probably, such a stand is driven by economic/commercial and other similar interests in total disregard of the moral principles contained in their Constitutions, the UN Charter, etc.
None seem to have asked India as to what necessitates deployment of more than 600,000-strong army in the occupied Kashmir with a population of 10 million, i.e., one soldier for every 16.6 natives. And why such a huge deployment, despite its repressive policies, has been unable to check the freedom struggle. As per some estimates, more than 80,000 have died and thousands are missing since 1989. Moreover, it is a fact that every year, when India celebrates Independence Day on Aug. 15, Kashmiris on both sides of the Line of Control and the world over observe it as Black Day, to convey the message to the international community that India continues to usurp their inalienable right to self- determination. This very day is being marked by complete shutdown, as deserted streets, closed businesses and security patrolling the streets could be seen in the Indian-held Kashmir. To express solidarity with Pakistan, Kashmiris hoist the Pakistani flag on Aug. 14, the Pakistan Independence Day. Indian-occupation authorities often impose stringent restrictions in Srinagar and other towns, and deploy heavy contingents of police and troops to prevent people from holding anti-India demonstrations on these days. All this is a clear manifestation that the struggle is predominantly indigenous, and equating it with terrorism is nothing but a gross injustice on the part of India. India should realize that such tactics would never be able to change the basis of the just struggle that has been waged by the Kashmiri people since 1947. Had India fulfilled its duties toward the Kashmiri people, all these killings would have been avoided.
Pakistan unequivocally extends political, diplomatic and moral support to Kashmiris in their struggle for self-determination. Pakistan’s principled position on the issue of Kashmir is that it should be resolved according to UN Resolutions. Kashmir is a universally recognized dispute with numerous UNSC Resolutions outstanding for almost seven decades. Wars have not succeeded in resolving the issue of Kashmir. Dialogue is the best option to amicably resolve all issues between India and Pakistan, including the dispute of Kashmir. Pakistan remains ready for dialogue. It is for the international community to urge India to resolve issues through dialogue.
Kashmiris are resisting against the Indian occupation of their territory and want to exercise their right to self-determination. Nothing can deter the Kashmiris’ resolve to continue their struggle. For a people alienated and wronged for decades, any provocation will set them aflame. India should realize that the Kashmir dispute will not vanish unless their aspirations are met. Oppressive brutalities and inhuman measures cannot stop them from claiming their right to self-determination, in accordance with the UNSC Resolutions.
The international community should rise from its slumber and tell India that the treatment being meted out to the Kashmiris is simply unacceptable. India should honor its human rights obligations, as well as its commitments under the UNSC Resolutions to resolve the Kashmir dispute in a peaceful manner.