Kashmir goes on bleeding

According to reports, the Indian security forces and police killed more than 20 people in Kashmir who were protesting against the assassination of Burhan Wani, a leader of the Hizbul Mujahideen, one of the groups fighting for the freedom of Kashmir.

The fact that the protesters came out in their thousands demonstrated the burgeoning support for the freedom movement. The ruthlessness with which the Indian security forces and police have been trying to subdue the freedom struggle of the people of Kashmir and committing blatant violations of their human rights have been well documented by local and international human rights organisations.

According to reports compiled by Amnesty International and other human rights organisations, Indian security forces in Kashmir have killed nearly 94,000 Kashmiris since 1989, raped more than 10,000 women and killed more than 7,000 persons in custody. The latest report released by Amnesty International in July 2015 presented a hair-raising review of how the Indian security forces have perpetrated a reign of terror on the people of Kashmir under the protection of the Armed Forces Services Special Powers Act (AFSPA), particularly section 7 which grants immunity to members of the security forces from prosecution for human rights violations.

The report lamented the fact no soldier has ever been prosecuted in a civilian court for these crimes and even the details of the trials held by security forces themselves have not been divulged. The Indian security forces have rejected reports about human rights violations as false or baseless. Reportedly, the relatives of the victims are threatened by the security forces if they seek justice through courts. That is why the faith of the people in the judiciary and the government is almost non-existent.

The report also gave the example of a 17-year-old boy named Javaid Ahmad who was picked up by Assam Regiment personnel and a few hours later his family found his dead body. An inquiry conducted into the incident by the district magistrate concluded that the deceased was not a militant and had been killed without any justification by a subedar of the Indian Army. A letter written by the state home department to the Indian defence ministry in July 2007 in this regard was responded to by the ministry six years later to say that the killed individual was a militant from whom arms and ammunition were recovered.

The AI report was compiled after interviews with the families of victims, police, court records, interaction with civil society groups, lawyers and government officials. It recommended the repeal of the AFPSA and turning over the cases of human rights violation and disappearances to civil courts as well as inviting the UN Special Rapporteur and the UN Working Group on Disappearances to J&K with unimpeded access to the victims and witnesses.

Regrettably, reports on human rights violations by the Indian security forces in J&K compiled by human rights groups like AI have gone unheeded by the international community and the powers that be because in the unfolding global scenario they are looking at the developments in our region through the prism of their own strategic and commercial interests rather than showing commitment and sincerity of to human rights guarantees given in the the UN charter. No doubt they vociferously advocate them from every convenient rooftop whenever its suits their interests.

The ongoing atrocities by the Indian security forces and blood-letting in Kashmir – like this latest episode – will probably also fail to stir the conscience of the so-called champions of the human liberties and human rights like similar incidents in the recent past. India will thus continue to get away with its oppression under the prevailing circumstances. It is a shame that Kashmir keeps bleeding due to the apathy of the UN and the international community.

The people of Kashmir, undeterred by the Indian atrocities, are continuing their struggle for freedom and the current wave of anti-India demonstrations and hoisting of the Pakistani flag in Srinagar by the protesters are a clear indication that Indian machinations have not been able to subdue their urge for independence and that they will not relent until they are allowed to decided their own fate.

Kashmir is an unfinished agenda of the partition of the Indian subcontinent, awaiting its completion in conformity with 23 UN resolutions on the subject calling for determining the question of accession of Kashmir through a plebiscite under the auspices of the UN. The non-resolution of the Kashmir issue has also led to three wars between Pakistan and India and remains a threat to peace and security in the region, which can be attributed to the Indian intransigence to fulfil its obligations under the UN resolutions.

India, notwithstanding its commitment to honour the UN resolutions, tried to circumvent the resolutions by having a resolution passed by the constituent assembly of Kashmir for accession of Kashmir to India. But the UN, through resolutions 91 and 122, repudiated the Indian stance that the issue of accession of Kashmir had been resolved by the constituent assembly of Kashmir. These resolutions reiterated that the question of accession could not be resolved by any means other than those enunciated in the UN resolutions on the subject. This proves beyond any doubt that the Indian claims of Kashmir being an integral part of India lack legal basis.

The non-resolution of the Kashmir dispute even after 69 years and the continuation of oppression by the Indian security forces in the occupied land with impunity is an affront to the conscience of the world community, especially the UN and those powers who take pride in their commitment to causes of freedom and adherence to the human rights guaranteed by the UN Charter.

They must realise that their selective support for human rights and freedom struggles will promote conflict and war instead of establishing peace in the world. There can be no peace without justice, and justice demands that human rights violations in Jammu and Kashmir be taken notice of and the people of Kashmir facilitated to exercise their right of self-determination as reiterated in the UN resolutions on Kashmir.

The government of Pakistan has rightly decided to sensitise the world community and human rights entities on the Indian oppression in Kashmir. Pakistan is a party to the Kashmir dispute and is very much within its right to raise this issue at the international forums.

The writer is a freelance contributor.

Email: ashpak10@gmail.com