Afia Ambreen
Recently, a 43 page report released by the Office of the United Nations High Commissioner for Human Rights (OHCHR) in which it has accused India again of human rights violations in Kashmir and has called for the formation of a commission of inquiry into the allegations. In occupied Kashmir, all Hurriyat leaders and organizations have welcomed the report the gross human rights violations committed by Indian troops in the territory. They also emphasized that the World Body should do more to make India accountable for its acts of human rights violations in occupied Kashmir. It is important to note that it was a second report of its kind highlighting the atrocities being committed by Indian forces on the people of Kashmir but India was in no mood to listen to the voice of the World Body and continued its policy of state terrorism in the occupied territory.
Moreover, on 6th July 2019, New York Times has also published a detailed story authored by Sameer Yasir and Kai Schultz titled ” Kashmiris Call for Investigation of Torture Accusations Against India”. While referring UN latest report about inhuman violence NYT story made shocking disclosures about torture cells after interviewing dozens of victims. Kashmiri human rights activists and political workers have formed various forums to compile the facts about torture and HR violation victims. New York Times story provides a summarized but conclusive account of Indian brutalities. Accusations of abuses have intensified as the Indian government has hardened its crackdown against fighters and protesters in recent years. To disperse crowds of protesters, security forces have injured thousands of people with pellet-firing shotguns. Civilian deaths rose over 200 percent from 2013 through 2018, when at least 160 people were killed, including from interrogations, activists say. And this year is on track to become one of the deadliest, overall, in the last decade.
The accusations have come amid a wave of detentions in Kashmir. A briefing released on June 12 from Amnesty International found that in the last few years, Indian armed forces had detained many hundreds of civilians including journalists, activists and children without charge or trial. The arrests were made under the Jammu and Kashmir Public Safety Act, which activists say violates international human rights law.
To crush the Kashmiri Liberation movement, India has employed various techniques including black laws. Prevention of Terrorism Act (POTA), Terrorist and Disruptive Activities Act 1990 (TADA) and Armed Forces Special Powers Act 1990, (AFSPA) are enforced in Kashmir despite the fact that they contravenes the Indian Constitution and international law. These laws violate the basic human rights such as right to life, the right to liberty and security of the person and the right to remedy. The Armed Forces (Jammu & Kashmir) Special Powers enforced on 10 September, 1990 authorized even a non-commissioned officer to search any place, fire at any person (and kill), or arrest on the basis of suspicion. TADA gives security forces and armed forces special powers for unauthorized administrative detention without formal charges or trial for up to one year. Under POTA, any person can be put into prison for not disclosing the information that can prevent an act of terrorism.
The people of occupied Kashmir have been facing the worst kind of Indian state terrorism in their just struggle for freedom from India’s occupation of their homeland. New Delhi has given its troops and police personnel unbridled powers under draconian laws like Armed Forces Special Powers Act, Public Safety Act and Disturbed Areas Act to commit all kinds of atrocities on the Kashmiris to intimidate them into submission. Detainees include political leaders and activists, suspected members or supporters of armed opposition groups, lawyers, journalists and protesters, including children. Many cases of human rights violation stem from abuse of power under repressive laws and police/army brutality unleashed against the Kashmiri people. They are taken into custody for acts that are legitimized by international human rights standards of free speech, freedom of association and assembly, and freedom of the press. The Indian government’s failure to account for these abuses and to take rigorous action against its forces responsible for murder, rape and torture speaks volumes of its fake posture of secular and democratic state. These atrocities are true reflection of its policy of condoning human rights violations by the Indian security forces in Kashmir.
Kashmiris have always been calling for an international probe into the gross human rights violations in Occupied Kashmir but India never allowed it to happen. The United Nations has to exert pressure on India through its member nations to allow a UN commission of enquiry to probe the human rights abuses in occupied Kashmir. Ironically, OHCHR had also released the same kind of report last year, but it seemed that the UN like global organization was so helpless that it was unable to implement its own recommendations against India.
