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Human Rights Violations in Kashmir
by INAM UL HAQ , DR. MUZAFAR A H M A D DAR
From Magna Carta to the bill of rights, from an authoritarian regime to democratic set up, no one has declined the value of human rights. Human rights are indispensable for democratic life and realization of their best selves by human beings. They are the product of increasing levels of enlightenment and peoples; quest for equality and dignity. This paper will present the human rights violation in Kashmir through the lens of rape, crackdowns, and tortures of detainees in Kashmir. The conflict in Kashmir, which has its origin in the states disputed accession to India in 1947, sees a great violation of human rights from both countries alongside the border and stepped up their attacks, murdering, kidnapping and soon. The paper will present the current scenario in Kashmir and the work done by human rights organization like Amnesty international and Human rights watch, and also highlight the work done by NGOs and measures taken by government of India.
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This article is about Human rights abuses in Indian-administered portion of Kashmir. Indian-administered portion of Kashmir is suffering with every moment death of human rights. Mass killings, forced disappearances, torture, rape & sexual abuse to political repression & suppression of freedom of speech have become an integral part of their day to day life. The Indian central reserve police force, border security personnel and various militant groups have been accused & held accountable for committing severe human rights abuses against Kashmiri civilians. The Kashmiri insurgents are of the view that Indian-administered portion of Kashmir is a part of Pakistan. Hence only the Pakistanis have the right to live on that land. But the question arises how far it is appropriate to create one's existence at the cost of crushing the existence of those who are quite innocent & have no fault of their own, except that they were given birth on that land. This chaos has put innumerable questions before us demanding serious attention & immediate solution.
Raja Sajjad Khan
2018, International Journal of Kashmir Studies
The Kashmir conflict is not only a territorial concern for India and Pakistan but along with its diplomatic, economic, legal, political and regional dynamics, it is an issue which is directly related to the intrinsic and inalienable right to life of millions of people. However, the brutal acts of the Indian government Kashmiris have been denied the right to life, property, education and significantly the right to self-determination.
2018, International Journal of Kashmir Studies (IJKS)
While the United Nations is authorized to impose final remedies in Kashmir, it has limited itself to making recommendations in the hope of achieving a just and impartial settlement acceptable to all parties to the dispute. This thesis will do an observational examination of the different proposals, utilizing this accurate and positivist assessment of the United Nations' behavior as a case study. To resolve the Kashmir situation, the Security Council must substantiate the following hypothesis: Any decision or omission took by the United Nations Security Council was motivated by a desire to maintain a negotiated stalemate between India and Pakistan, a kind of status quo, before all remaining issues, whether factual or legal, are settled by direct negotiations between the two disputing parties. The United Nations took action after concluding that it could not resolve the issues under the circumstances, partly due to the conflicting positions and aspirations of the Kashmir dispute&#...
Afghanistan. India's Mughal rulers, who conquered much of the territory in 1586, were so taken by the beauty of its landscape that they called it jannat—paradise. For the last six decades Kashmir has been a paradise lost, its people trapped in the vortex of a bitter sovereignty dispute between India and Pakistan over their lives and land. Genesis of sovereignty dispute over Jammu and Kashmir can be traced back to the British colonial period in Indian history. Jammu and Kashmir acceded to the Indian Union under very special circumstances in 1947, with Maharaja Hari Singh's hands being forced by the Pakistani-backed invasion of tribal raiders. To fight whom the maharaja needed the services of the Indian army. Because of this Jammu and Kashmir continued to witness serious human rights violations. Security forces were responsible for plenty of custodial killings. Hundreds of people have disappeared in Jammu and Kashmir since the internal armed conflict began in 1990. Civilians were often killed by security forces as retribution for killings of security forces. The Jammu and Kashmir Disturbed Areas Act; and Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 provide impunity to the security forces. Under Section 6 of the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990, no legal proceeding can be brought against any member of the armed forces without the permission from Central Government. This paper aims to study the main issues regarding such frequent violation of human rights, the reasons of unabated violence, human rights abuses, denial of civil and political rights, absence of mechanism of justice heightened militarization and survellience because of counter terrorism strategies in Jammu and Kashmir.
Waseem Ahmad Dar
Democracies empower people to make decisions. Consequent upon the ideal impressions of Democracy, there ought to have been no scope for the human rights violation in a democratic society. But once we introspect the society of Kashmir (in India), the realistic form of democracy is lagging. Over the past two decades, in particular, the suffering of the Kashmiri people has reached an indescribable intensity and magnitude. All human rights enshrined in the United Nation’s Charter, the Universal Declaration of Human Rights and the human rights covenants have been flagrantly violated. Although various attempts have been made by the existing rule of law to minimize the human rights violation, these efforts continues to prove null. One such attempt was to re-democratize the Kashmir in 1996 but human rights continue to be violated. The issue lies in the background that the concept of Democracy as practiced by the Administrators and the way the people understand it are poles apart. Democracy ...
barkat ali from swat kp
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A profound observation of human rights endorses democratic norms, socio-political stability, economic prosperity, and the rule of law. Almost all developed states ensure their citizens with the protection of fundamental rights, and, in return, community plays a critical role in nation-building. Many human rights activists and organizations highlight the shortcomings behind the promulgation of laws for human security and plan to maintain security. Some developing states have failed to copy the developed states' human rights policy framework, especially regarding the protection of human rights. They are either trying to deprive their minorities of fundamental rights or confiscating their territories while pushing them into deteriorated conditions. India and Israel are two prominent examples of this connection. This study, therefore, analyses how India is dealing with its minorities, especially Muslims in illegally occupied Jammu and Kashmir. It also calls attention to the expansio...
International Journal For Multidisciplinary Research
The history of Jammu and Kashmir and ladakh which was relegated to the status of two union territories legally and constitutionally, starts a new chapter in 2019. It was accompanied by extraordinary lockdowns, curfew and shutdowns on phone and internet connections,which caused significant anxiety,particularly in the valley. There have been questions regarding whether the Indian governments claim that it can bring peace by heavily militarizing an area that is already heavily militarized or whether it is only increasing centralized control over the area. The former state of Jammu and Kashmir's special status was revoked in 2019, which has a number of effects on its citizens. Following the COVID-19 pandemic,The double lockdown once implemented in the valley,further deteriorated the situation. This paper Addresses the human rights situation in the valley after four years of article 370 annulment.
The term paper attempts to elucidate for the reader the mass atrocity crimes committed by Indian security forces and military personnel in Indian Administered Kashmir (also referred to as Indian Occupied Kashmir – IOK). The paper begins by establishing the status of the state of Jammu and Kashmir as a disputed territory. Following that, the term paper tries to analyze the situation in the state of Jammu and Kashmir under the umbrella of Responsibility to Protect (R2P) initiative ratified by UN member states at 2005 World Summit. The term paper cites data, quotations, reports, articles and facts to establish for the reader the situation in IOK, historically and currently.
Journal of Advance Public Policy and International Affairs (JAPPIA)
As the peace process started from 1996, it has been taken as a starting point for assessing the efforts of the mainstream political parties in controlling human rights violations. The mainstream political parties had played a crucial role in the peace process. Violence due to militancy and misgovernance has seriously dented the resilient Kashmir identity. Social institutions collapsed and society became harsh, punitive, withdrawn, and distrustful as well. In this study an attempt is made to undertake an intensive and detailed analysis of the role played by mainstream political parties in controlling human rights violations in Jammu and Kashmir and to explore the impact of violence on the human rights and socioeconomic development of the people.
2019, Centre for Strategic and Contemporary Research
On 5 August, India abrogated Article 370 from its constitution through presidential order. The erasure of the Article ceased the autonomous status of Indian held Jammu and Kashmir (J&K) and bifurcated the Muslim-majority state into two union territories with Buddhist-majority Ladakh getting detached from J&K. The Indian decision of revoking Article 370 came after days of uncertainty and massive military build-up in the disputed territory. Coupled with massive military build-up, a crackdown was imposed in the state by virtually cutting it off from the rest of the world both physically and virtually. This piece of writing will analyze the violations of fundamental human rights in J&K by the imposition of crackdown through international human rights law.
2021, Pakistan Journal of International Affairs
Kashmir is an uncontrollable conflict between the two South Asian countries: India and Pakistan. Since 1989 the people of Kashmir have faced a massive violation of human rights committed by Indian forces. The United Nations resolutions strengthened the Kashmiri’s movement of freedom. However, it is also a reality that, somehow and somewhere, the UN had failed in the Kashmir dispute in order to give the implementation to its resolutions. The Kashmir issue is complicated but could have been resolved if the UN had taken its responsibility with true letter and spirit. Recently, the Indian government changed the status of Kashmir by the abolishment of Article 370 and 35A, and also passing a Bill in August 2019, further makes the situation more difficult in Kashmir. In this situation, it is pertinent to mention here that Indian occupied Kashmir is a disputed issue in the light of UNSC resolutions between two south Asian countries. The current research is based upon descriptive and histori...
2022, Asian Affairs
Abstract The article takes a critical look at the multiple challenges related to the Indo-Pakistani conflict over Kashmir, with particular focus on the correlation between the countries’ policies and selected human rights (HR) related challenges in Kashmir. In particular, it investigates the post-2019 dynamics, with the major watershed being the abrogation of the semi-autonomy of the erstwhile state of Jammu and Kashmir (J&K) by India. The major objective of this research is to unpack the evolving complexities of the Kashmir situation by analysing holistically how certain key local/domestic, bilateral, and regional aspects influence the conflict’s trajectories and by looking at them from political and HR-related perspectives. The study concludes that domestic, bilateral, and international circumstances make both adversaries prone to bolster their belligerent narratives rather than deal with the issue constructively, by de-escalating mutual tensions and addressing the problems of the indigenous residents of Kashmir. This unresolved dispute stamps its negative imprint not only on Indo-Pakistani relations and the entire South Asian security system but also adversely affects the situation in the pieces of Kashmir administered by India and Pakistan, respectively.
DR N A D I Y A H KHUSHBOO
2020, Journal of critical review
Kashmir is an immovable clash between the two countries: India and Pakistan. It had influenced individuals of little country gravely. Each individual endured here in this vale of heaven which was known as the lovely district over the globe. In any case, its incongruity that because of agitation, disturbance, and pattern of viciousness, individuals lost their kiths and kens; and as a result of all that, State of Jammu and Kashmir endured a great deal. This valley has seen a lot of untold accounts of monstrous infringement of human rights submitted by Indian government through ideological groups, Indian armed force, police, which has transformed Kashmir into a fight ground of carnage. Since 1989, the individuals of Kashmir were slaughtered, tormented, mortified, and harmed. A large number of the individuals were murdered because of pattern of savagery predominant in Jammu and Kashmir. A large number of the individuals got wounds and they got crippled to work. Many lost their darling children's, girls, sisters, moms, and a few ladies have lost their dearest spouses, who were just the source to think about them, which offered ascend to militancy in Jammu and Kashmir. Because of disturbance circumstances, a large number of the houses and shops were scorched. This investigation will portray how basic rights are damaged and how Bharatiya Janatiya Party are threatening the state by unlawful laws made by them by which individuals were infringed and diminished. Numerous kids' lost their vision as utilization of pellet weapons are by and large wildly utilized. Guiltless individuals are butchered like creatures. It will likewise feature how the individuals of this area were smothered because of abuse of the military ,which came about trademarks of "AZADI" from each edge of Kashmir and these mottos originates from every heart of ,grown-up ,old or children's. It is essential to specify here that no majority rule government can be effective where draconian and brutal laws are set up. Majority rules system can possibly endure when the nobility of each individual will be regarded and defended. Here each mother stays in distressed state for their kids, tears in each mother's eyes that lost their dearest kids. Everyone here needs to end this human savagery and is prepared to see tranquil Kashmir with no contention and human rights infringement.
Psychology ABSTRACT Human rights are moral principles or norms which describe certain standards of human behaviour, and are regularly protected as legal rights in municipal and international law. Human rights abuses in the Indi-an-administered Jammu and Kashmir state are an ongoing issue. The abuses range from mass killings, enforced disappearances , torture, rape and sexual abuse to political repression and suppression of freedom of speech. The impact of conflict is experienced by people of all ages who suffer displacement, loss of home and property, loss or involuntary disappearances of close relatives, poverty and family separation and disintegration. Violence or the threat of physical violence seems to have had a significant effect on the mental health of people in this region. It led to social disorder, disorganization, educational backwardness, physical and mental health deterioration, mass psychological depression, mass humiliation and extreme helplessness and the degenerated cultural aggression. The focus of the present paper is on the negative impact that violence have on Kashmiri youth.
Harun Yahya Articles
On June 3, 1947 the British prime minister Clement Attlee introduced a bill calling for the independence and partition of the colonial India and this is how through the partition plan more than 500 states under the British rule quickly acceded to Pakistan or India giving rise to the two independent nations on August 14, 1947. Yet, the accession of the state of Jammu and Kashmir could not be resolved and that resulted in the ongoing dispute between India and Pakistan, which has lasted for over 60 years.
Desi Nur Cahya Kusuma Putri
Diponegoro Law Review
The dispute in Jammu and Kashmir has been tensed by the revocation of Article 370 of the Indian Constitution by the Indian government in the end of 2019. The existence of Kashmir has become one of matters as the main focus between India-Pakistan conflicts. People are under diverse senses of de facto and de jure martial law. Estimated from 1990, thereabouts 70,000 people have been killed, 8,000 people have been subjected to enforced disappearances, thousand of them also victims of repressive laws and Indian security forces humiliate the protestors and detainees frequently. The research is normative legal research by using statute approach and case approach through literature review. The research aims to discuss and analyze the implementation of the rights of self-determination pursuant to Kashmir dispute between India and Pakistan. The results of the study indicate all the disputes should be ended by giving the right to self-determination, which should be given to the people of Kashm...
Md. Zafar M A H F O O Z Nomani
Health is not merely the absence of disease but a state of physical, mental and social wellbeing. It encompasses all facets of human right, including the right to health automatically. In the erstwhile Jammu and Kashmir state and now Indian Union Territory (UT) has been under conflict situation resulting in assaults on health by conventional and rubber bullets, tear gas shells and pellet firearms in crowd control and security. The security forces during the last three decades to quell the discontentment and uprising have used power to the detriment of the people's health and well being. The access to health care and delivery assumes importance in conflict and peace situations equally being inalienable human right to life and health. The paper takes a legal stance on security-driven health issues and diseases in the human rights perspective in Kashmir.
International Res Jour Managt Socio Human
Human rights are for human and to save humanity. Today the terrorism is a bolt over the humanity. Whole world is suffering from the same virus whish is terrorism. Terrorism is not an issue for only India or Asia but it covered whole world by its bed wings. The bed wings of terrorism ruining the humanity. The Human rights is feels like shame on this day. If Human rights are there to protect the human than the Humanity is in big danger. All Developed and Developing countries have a mark of blood on its history dealing with terrorism. Many innocent get murdered by terrorism. The result of terrorism is many countries wasting their money
Acknowledgements: I would like to acknowledge the generosity of Parveena Ahangar, the APDP collective, and Iffat Fatima for allowing me witness and engage with their work. I first saw the film Blood Leaves its Trail (2015) at its launch in Srinagar, and subsequently travelled with Iffat Fatima and Parveena Ahangar to approximately six screenings in the UK University circuit. These screenings were largely made possible through a joint collaboration and funding by the University of Warwick and the University of Westminster. As an Indian-Australian researcher, now living in the UK, the film has been an invaluable part of learning of the link between the Indian state's human rights violations in Kashmir and Kashmiri aspiration for sovereignty. As an Indian-Australian, I consider it my obligation to engage with Indian colonialism and occupation I witness in Kashmir. 2 Sovereignty, Vulnerability and a Gendered Resistance in Indian-Occupied Kashmir Abstract: Drawing on Iffat Fatima's documentary film, Khoon Diy Baarav or Blood Leaves its Trail (2015), this paper explores how a gendered Kashmiri activism against human rights violations allows for reenvisioning the concept of an authoritarian and violent Westphalian sovereignty concerned with exclusive political authority and territory. Previous studies of gendered resistance are examined as are reformulations of sovereignty through feminist and Indigenous critiques. Through these examinations, the paper offers a way to rethink sovereignty through the theoretical concept of vulnerability. Such a rethinking of sovereignty may point to an interrelational model of sovereignty where the vulnerability of gendered bodies and the environment may be emphasised. In the context of human rights violations in Kashmir, this re-envisioning of sovereignty may be a necessary counter to the repetitious cycles of necropolitical sovereign power.
SKIREC Publication- UGC Approved Journals
In the politico-strategic perspective, Jammu and Kashmir is considered one of the most difficult and challenging state in India. Its fragmented society is regarded as a major hurdle in the way of its building and state development. With its majority-ethnic and majority-linguistic groups, it is a complicated part global map. In this situation, it can be imagined that the internal peace is linked with the lowest credibility, development is linked with its disputed character and inhabitants of Jammu and Kashmir are linked with terrorist groups of Hizb and Lashkar Tobia. Resistance against the social and political order has remained the core feature of Kashmiri society. Throughout its history, several internal and external players have been involved in their game of interest. In addition it is essential to view the situation in Kashmir through a regional prism, thus acknowledging the impactful role of Pakistan, China and India. This paper attempts to identify the Kashmir conflict by its base and why people from Kashmir are struggling for their human rights and has been the victims of atrocities, furthermore it will also analyse on which grounds they want to seek their identity in a globalized interface of the world and finally paper will focus on basic concerns of Kashmir region.
DrJagannadha V Reddy
Abstract: ‘The known human history is the struggle between the power and liberty’ according to J.S.Mill. This becomes true with the international declaration of human rights, on Dec 10, 1948. This is the result of various movements for rights from the period of ‘Magnacarta’ to the II World war. This declaration stood as a pillar of confidence in the human race, and there by it became the primary source for all sorts of demands raised by different groups and individuals. This declaration has empowered the rights movements all through the globe. But it is the individuals who have seen the declaration in different perspectives and gave different interpretation to it. We use to see the past through the present. Past becomes more understandable and visible through the present situations like sunrays are visible as rainbow colors when they pass through the prism of the water droplet. For the last 50 years every nation and every ethnic group have seen the declaration in their perspective according to their socio–economic and political thoughts. As a result some aspects have been glorified to the maximum extent and some have lost their significance. Key words: Human Rights- international declaration of human rights-Magnacarta- socio–economic and political thoughts. Dr.VJReddy, Dep. of Hindi, AU-email:[email protected]:0-9442424331
2019, COMMONWEALTH & COMPARATIVE POLITICS
2011, Race & Class
In the summer of 2009, the apparent murder and rape of two young women in the small town of Shopian sparked a year of popular protest in heavily militarised Kashmir Valley expressing outrage at the everyday forms of violence that accompany Indian occupation in the contested region. Here, the authors analyse the case by drawing on ethnographic field research conducted via research visits in 2009–2010, to show how the state has exercised occupational authority through practices of denial and cover-up that are built into the legal systems that claim to protect the rights and interests of Kashmiris. They demonstrate how various local actors have worked to establish alternative forums to challenge state violence and the institutionalised denial of justice, illuminating the ways in which they have sought justice in this context of intense militarisation, characterised by routine state violence through legal and criminal justice processes. The event, and the responses to it, reshaped the interplay between legal authority, social protest and political power under conditions of occupation, with implications for future formations of popular resistance against Indian rule in Kashmir.
Aijaz Shaikh 88
PERENNIAL JOURNAL OF HISTORY
The innocent people of Jammu and Kashmir (J&K) continuously struggled for the protection of their lives. In most of the areas which are under the administrative control of Indian Military, the survival of Kashmiris is becoming more challenging due to the imposed social, political and economic sanctions posed by the Indian government. The first part of this paper examines the historical legacy of Kashmir and the middle of the paper attempts to highlight how the people are demanding their rights as well as freedom from the Indian troops. Even thou, the international media has highlighted and unveiled the true picture of Indian brutality and the open murder of Kashmiri public. But, unfortunately the world community is still salient and watching the cruel actions taken by the Indian forces in the valley. Overall, this paper attempts to highlight the analytical approach about the history, status, equity and struggle of freedom of the Kashmiris.
Haley Duschinski , Shrimoyee Nandini Ghosh
This article analyzes Indian occupation of Kashmir as a legal, social, and spatial process of asserting power through borders and jurisdictional claims, produced and reproduced through constitutional processes and legal institutions that have enacted generalized notions of emergency and crisis. We argue that the distinctive socio-spatial power structures established between India and Kashmir in a provisional capacity amidst war and partition at the time of independence have been legitimized through rights regimes established through the constitutional structure and institutionalized through laws, executive orders, and the judicial system. We examine how India's legal incorporation of Kashmir was embedded in the constitutional drafting process and the extension of fundamental rights to the region through presidential orders, and how this legal incorporation became sedimented through the work of the courts across time. Building on Ranabir Samaddar's discussion of " colonial constitutionalism, " we consider " occupational constitutionalism " as a form of foreign dominance and control produced through the annexation of part of Kashmir's territory and its legal sovereignty to India 2 in the aftermath of independence and reproduced through a series of legal mechanisms and processes across time that institute a state of emergency and permanent crisis in Kashmir.
Human beings are born equal in dignity and rights. These moral claims are articulated and formulated in what is today known as human rights. Human rights are rights inherent to all human beings whatever our nationality, place of residence, sex, national or ethic origion, colour, religion, language or any other status. We are all equally entitled to our human rights without discrimination. The origin of human rights may be found both in Greek philosophy and the various world religions. In the Age of Enlightenment the concept of human rights emerged as an explicit category. Origin of the idea of human rights in India though the Rigveda Perod. The term Human Rights refer to those rights are considered universal to humanity, regardless of citizenship, residency status, ethnicity, gender, or other considerations. The present topic is a burning issue and has a great significance in the world especially the developing nations like India. The experience of the last five decades in the area ...
2020, Social & Legal Studies
In Indian-controlled Kashmir, local residents express aspirations for freedom from Indian-militarized governance even as they demand state accountability for pervasive everyday violence. Kashmiris negotiate this complexity through jurisdictional contesta-tion, asserting alternative forms of authority to speak about law and develop strategies for justice and political transformation. Drawing from sociolegal literatures of jurisdiction and global legal pluralism, we analyze a Kashmiri community forum confronting institutional denial in a prominent case of sexual violence and murder involving state armed forces. We analyze how Kashmiri actors from diverse normative communities drew on popular understandings of law to claim competing forms of authority, give meaning to the case, and develop strategies of response. We also explore how participants , through the work of jurisdictional contestation, made global legal ideas locally meaningful and relied on jurisdictional myths of struggle and justice to motivate resistance and establish spaces of hope.
Mohd Tahir Ganie
2020, Journal of Governance, Security & Development
In August 2019, the populist Modi government, after getting re-elected in a massive landslide, rescinded the semi-autonomous status (constitutionally guaranteed under Article 370) of the disputed Muslim-majority region of Jammu and Kashmir (J&K) by putting its 12 million residents under an unprecedented lockdown. This article will examine the ramifications of this decision, which earned praise in mainland India but generated anger and fear among the people of J&K, especially in the Kashmir Valley, the epicenter of the Kashmiri self-determination movement? It situates the prior measures Indian government took to impose its decision on the population which strongly opposed it and assesses the human cost of this imposition. It looks at the international community's response to the political and human rights crisis obtained due to the siege imposed on the people of the contested Himalayan region. And, finally, the article indicates that the political future of Kashmir, which has been the main source of intense geopolitical rivalry between two nuclear-armed South Asian neighbors (India and Pakistan), and a site of protracted armed conflict and unarmed anti-India resistance, is likely to remain caught in a cycle of relative calm and unrest that has marked its modern history.
2015, International Journal of Indian Psychology
Kashmir predicament is not merely the problem of men but women are more pretentious as compared to men. The Kashmir crisis started after the British withdrew from the Indian subcontinent in 1947, but real chaos started from 1989 onwards. This paper will analyze the varied atrocities and assorted extent of violence committed against women from 1989 to 2011. Violence against women (VAW) was not acknowledged as a human rights violation by the domestic and international community for a number of years. It was first addressed at the United Nations Nairobi conference in 1985. Women have been subjugated in Kashmir from last two decades by Security forces. Hundreds of victims were raped, tortured and murdered in reprisal attacks. Violence against women in valley exists in various forms. They are often beaten, mutilated, burned, sexually abused and raped. Such violence is a major obstacle in achieving peace and harmony in the state.
Original Research Article Kashmir problem is the longest bilateral dispute in the world. The author of the article will first enlighten the matter with historical anecdote. The information provided by the author can be authenticated. Both Indian and Pakistani version of Kashmir problem will be discussed here. Complicity of International Court of Justice (ICJ) will also be explained. The aim of this study is to give information on historical perspective of Kashmir problem and the legal aspect of this debacle. Different kinds of qualitative methods like content analysis and documentary analysis have been taken for the study. Data have been gathered from different secondary sources and reports such as books, journals, newspapers, magazines and related organizations. In this study the researcher has provided some solutions to this dispute.
Fazal Rehman Kakar
Introduction Kashmir conflict as cause of human tragedy in Kashmir
Anshad H E Palya
This essay traces forms of everyday life, political dissent and identity politics under conditions of intensive militarization and ongoing emergency legislation in Indian-administered Kashmir Valley. Drawing on ethnographic material collected during field research in 2009 and 2010, the essay traces patterns of coercion, containment and contestation in the region, with special attention to how law functions as a site of militarization and control as well as protest, struggle and resistance. In an effort to draw attention to local priorities and interests in the conflict, our textual and visual analyses explore how law is employed in the public arenas of Kashmiri social life, and how differently positioned social actors including victims’ families, human rights lawyers, civil society activists and youth street protesters have each sought to appeal to and challenge state authority by asserting normative community authority over space and institutions, often in ways that draw upon alternative understandings of law and justice. The aim of our overall project is to explore the relevance of these jurisdictional claims for local and transnational justice efforts in the region, disrupting static frameworks that see only statism and separatism as alternatives in a post-conflict future.
Asia S A I F Alvi
Dr. Mehmood Hussain
2023, Journal of Muslim Minority Affairs
The Responsibility to Protect (R2P) doctrine is developed to stop genocide, war crimes, crimes against humanity, and ethnic cleansing. Since 2005, the UN operationalized it in Libya, Yemen, Liberia, Syria, South Sudan, and Congo. However, to address India's genocide in Kashmir, the framework is contested and politicized. So the paper test the parameters of R2P and its possible implementation. It asks (a) Why the UN has failed to operationalize R2P in Kashmir. (b) What are the underlying reasons and how realpolitik is undermining R2P implementation? It argues that India is involved in a systematic and sustained genocide of the Kashmiri population and illegal settlements of the Hindu community. Nevertheless, major powers' geo-economics and geopolitical interests, a paradigm shift in the global order where India is placed at the heart of U.S. hedging strategy against China, and New Delhi's sustained role in regional and global politics prevent the international community from invoking R2P.
The Jammu and Kashmir conflict remains one of the oldest UN agenda items. However, despite the genuine plight and legitimate demand for the right to self-determination, Kashmiris in Indian Illegally Occupied Jammu and Kashmir continue to struggle for their lives and livelihood under Indian oppression and state-sponsored terrorism without respite. This paper, therefore, attempts to glean into the history of the conflict, which has a strong connection with the contemporary situation, while answering important questions: What circumstances compelled people to rush to Kashmir soon after the independence? How has India, over the decades, interpreted, misinterpreted, and manipulated world opinion in its favour? Why and how have the Muslim world and international community shown apathy towards the beleaguered Kashmiris? Lastly, can there be a way forward, especially after India’s illegal annexation of the UN declared disputed territory? It also highlights options available for a plausible ...
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KASHMIR: Human Rights Violations in Kashmir
Although the human rights violations in the Indian-held Kashmir has been continuing by the Indian security forces since the partition, yet the same practice has intensified in wake of the current phase of Kashmir struggle which began on August 12, 2008 when Indian forces killed Hurriyat Conference leader Sheikh Abdul Aziz along with five other persons who were protesting against the government decision to allot 800 kanal of Kashmiri land to a Hindu shrine.
However, seeing no progress for the resolution of Kashmir issue, in 2008, Kashmiri once again renewed their peaceful protests. In a dangerous pattern more than 300 persons mostly teenagers, were killed since January this year in disproportionate use of force mainly by the Indian police and paramilitary troops. Indiscriminate firing by the Indian security forces have become a routine matter, while quelling the peaceful protests.
According to a recent report on Human Rights violations in Indian Occupied Kashmir by Indian Army and its paramilitary forces, there have been deaths of 93,274 innocent Kashmiri from 1989 to June 30, 2010. Besides this alarming figure of open killings by its security forces, there have been 6,969 custodial killings, 117,345 arrests, destruction, and razing of 105,861 houses and other physical structures in the use of the community as a whole. The brutal security forces have orphaned over 107, 351 children, widowed 22,728 women and gang raped 9,920 women. In June 2010 only, there have been 33 deaths including four children besides, torturing and injuring 572 people. The brutal Indian security forces molested eight women during the month of July. This brief account indeed, is the reality of Indian achievements on which they are trumpeting for their success in the Kashmir through counter insurgency operations.
Over the two decades of violence in Jammu and Kashmir, Human Rights Watch has documented numerous failures to ensure protection of human rights. It has called for the repeal of laws such as the Jammu and Kashmir Disturbed Areas Act, the Armed Forces (Jammu and Kashmir) Special Powers Act, and the Public Safety Act. These laws provide the armed forces with extraordinary powers to search, detain, and use lethal force, leading to numerous human rights violations. They also provide immunity for security forces. Prosecutions of security force personnel, even where the facts are well established, are rare.
While in its various reports, Amnesty International has also pointed out grave human rights violations in the Indian occupied Kashmir by indicating: “The Indian government's disregard for human rights in Jammu and Kashmir means in practice that people reportedly died in custody in Jammu and Kashmir and that the whereabouts of the “disappeared” persons continue to be unknown…government forces continue to commit serious violations of humanitarian law…the Muslim majority population in the Kashmir Valley suffers from the repressive tactics of the security forces. Under the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act, security forces personnel have extraordinary powers including authority to shoot suspected lawbreakers, and to destroy structures suspected of harboring militants or arms.”
Kashmir Quarterly has reported, “Indian Forces killed a number of citizens, torched mosques, shops and houses in various parts of the valley. As a result, there were demonstrations in many cities. Troops desecrated the central Srinagar mosque and tortured worshippers whom they found inside.”
It is notable that there has been a routine failure of justice in Jammu and Kashmir. In the recent past, hundreds of unidentified graves with more than 3000 bodies were discovered in the Indian-held Kashmir. Sources have accused Indian RAW of the custodial killings of the Kashmiri people through brutal methods. In this context, even the European Parliament has passed a resolution, condemning New Delhi for human rights violations.
It seems that non-condemnation of these Indian acts of massive human rights violations by the so-called civilized international community has further encouraged India to step-up its brutalities on the armless Kashmiri masses. Indian authorities are not willing to talk with Kashmiri people on political grounds. India perhaps reached to a conclusion that only bullet is the right way of dealing with Kashmiris, demanding their right of self-determination. Surprisingly, Indian successive governments are trying to ignore the dynamics of the Kashmiris' movement for the freedom from the Indian rule. This indeed is the continuation of their resistance against the Dogra Rule, started in early part of the 20th century.
Nevertheless, human rights abuses have been a part of a campaign by the Indian army against Muslim Kashmiris. The abuse is manifested in the following types of violations: burning the houses, torture, disappearances, rape, molestation of Muslim women and killing of persons through fake encounter.
On the one hand, India claims that Kashmir uprising has slowed down and the situation is returning towards normalisation, while on the other, Kashmir movement has intensified in the recent weeks.
In this connection, on July 10 this year, a rigid curfew was imposed in most of Indian-held Kashmir (IHK), while shops and businesses were closed and public transport was off the roads after the All Parties Hurriyat Conference declared a strike. During strike, none of the nearly 60 newspapers published from Srinagar for four days.
The clampdown in IHK has come after street protests and clashes, surged in the controlled territories, and more than 30 people have died over the past six weeks in shootings by the police and paramilitary soldiers. Despite curfew-like restrictions, arrests and detentions, Kashmir movement continues unabated.
It is mentionable that owing to the new strategic alliances, India has become a partner of the major powers like the US, Russia, UK, Germany and France. These major countries have their political and economic stakes in India. That is why, they are silence over Indian human rights violations in the controlled Kashmir.
Besides, there is a big question mark on the role of the United Nations Organization (UNO) in connection with the Indian held Kashmir the only International Organization, mandated to redress the oppressed people of the world. The organization has badly failed to implement its responsibilities and its own resolutions towards a rightful solution of the issue.
There is a need of awakening the international conscious. Closing of the eyes and ears by the international community on the massive human rights violations in Kashmir by Indian security forces would not end the issue. Rather the seething protest against Indian human rights violation would endanger the world peace.
There can be no lasting political settlement in Kashmir unless human rights abuses that have fueled the insurgency are addressed. However, there has been no policy change in the repressive activities of Indian security forces. Indian security forces continued human rights violations in Kashmir unabated.
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