ESSAY CONTEST, 2011 by "Kashmir Youth Intellect (KYI)"

''Kashmir Youth Intellect'', a global academic group of young Kashmiris, is pleased to announce an All India Level Essay Competition titled ''Locating common ground for Resolution of Kashmir: Respecting Local aspirations''. Kashmiris are also invited to participate. We have the eminent and impressive panel of Judges who are the noted Intellectuals and known widely. They are:

1) Dr. Angana Chatterji, Professor, Social & Cultural Anthropology, California Institute of Integral Studies and Co-Convener, International People’s Tribunal on Human Rights and Justice in Indian-administered Kashmir.


2) Ms. Anuradha Bhasin Jamwal, Executive editor, Kashmir Times and a peace activist.


3) Mr Gautam Navlakha, Democratic rights activist and Editorial Consultant, Economic and Political Weekly.

4) Professor. G.R Malik, Head of Department, English, Kashmir University. An eminent scholar of the sub-continent, with a profound knowledge of History of Kashmir.

5) Ms. Rita Manchanda, Program Executive of South Asia Forum for Human Rights, Co-ordinator of women, media, peace and conflict programs of SAFHR.

6) Ms. Victoria Schofield, Internationally acclaimed author and writer on Kashmir and related topics.



Word Limit: 3000 words.



Age Limit; Open to All.



Deadline for submission: 20th July, 2011.



Prizes; There shall be a prize of US$1000, US$750 and US$500 for the First, Second and Third winners, respectively.



All Essays should be submitted to mehboobmakhdoomi@aol.com on or before 20th July, 2011. The candidates have to get their Valid ID card (Driver's license or Matriculation certificate or their current employer letter) scanned and then attach it with their essay.

The essay has to include the bibliography (referencing the sources) in the end.

Guidelines for the Essay; What are possible and viable resolutions on Kashmir? Which parties should be involved in crafting a resolution and what role should each play? What common ground exists or can be created between the various stakeholders involved? What are the challenges in locating common ground that respect the foremost aspirations of Kashmiris in arriving at a resolution? What are the primary aspirations of Kashmiris? What obstacles exist, what interim conditions are crucial, and what steps are necessary to implement a lasting and peaceful resolution that is just? How do we acknowledge the suffering of Kashmiris? How might public processes for mourning and reconciliation facilitate constructive dialogue toward a lasting resolution?

Any enquiries about the essays should be either sent to kyienquiry@gmail.com or can be discussed on our facebook page http://www.facebook.com/pages/Kashmir-Youth-Intellect/186189621406545



Website; www.kashmiryouthintellect.webs.com



President; Mehboob Makhdoomi.

"BECOMING A STONE-PELTER"

"I am from downtown Srinagar born in 1991. I was admitted to one of the best school of valley. As a child I had dream to become engineer. Whenever somebody used to ask me about my aim I would proudly say engineer. As I started to grow up I started to become familiar with many words which everyone used to talk about that among them few were "Azadi" (freedom), "hartal" (shutdown) but I was unable to understand the meaning of these words. I loved the word hartal as it was holiday, so I always wished for hartal. As I grew up I came to know about mujahids. I used to listen to the stories of mujahids. I would often ask my elders to tell me about mujahids. They told me stories of many mujahids like Isaaq, Ishfaq, and Jan Malik which I liked to share with my friends. 

Even I was named after a Shaheed Mujahid (martyr fighter) who was killed before few weeks I was born. Then Came the summer of 2007, I was passing by Nowhatta, It was month of Muharram. There was heavy stone pelting going on. I found it very interesting. I saw youth pelting stones and shouting freedom slogans. Initially I was afraid to go in front and pelt stones on Police and CRPF.

I used to think they are some angels fighting on the front. Days passed. Now I too had gathered guts to pelt stones on the front line. It was now 2008. I was busy with my exams. I heard about Amarnath Land Row. Things started changing very fast I had never seen kind of hartals (shutdowns) before. I had never seen kind of stone pelting before. It was totally new experience to me.

Now tear gas shell wasn't shot anymore, now bullets were fired directly. I saw many boys hit by a bullet and dying on spot. I was disturbed by this. I asked my grandfather once why they directly shoot on us. His answer was "Tse chuk mangaan azadi" (You are asking for freedom). This answer changed my mind. I started realizing neither we are part of India nor India considers us their part
.
Now I started reading history about our freedom struggle. I came to know about many things about the Kashmir struggle. Now I started reading newspaper, magazines very keenly. I started observing everything about the political system. I wept when I read about Gawkadal, Zukura, Hawal, Bijbihara, Sopore, Kupwara massacres. I too wanted to become Mujahid.I once joked with my mother that I will become Mujahid, her answer was pain full, first give me poison then you will become Mujahid.

Came 2009 I again started to remain busy with my studies but whenever there was stone pelting in Nowahatta I used go there and pelt stones. Stone pelting for me now, has become a reaction to the atrocities and d illegal occupation of India. I do it for a cause.I was once caught by police and was put in custody. I was also beaten but that also couldn't break me. When I was released I again started pelting stones. A policemen in custody told me why you pelt stones, do you think you will get freedom by pelting stones. If it is the case I am also ready to pelt stones, he said.

But still it is the only thing which makes me feel that gun or bullet cannot suppress my thoughts my sentiments to live free and to get rid of this occupation.I am happy when I pelt stones because I want to take revenge for every innocent killing. I know my stone won't harm them but remember it is not stone it is my feelings. I pelt stones because we are oppressed.

It was June 2009 Shopian rape had occurred. It was unbearable to hear rape and murder case of a girl and her sister in law. Tears rolled from my eyes when I read story of Asiya in newspaper. Once again hartals, stone pelting emerged with more boys felling to bullets to a response for protesting for justice from brutal Indian military.I watched a press conference of Omar Abdullah on news channel promising to bring culprits in front of people and punish them in 24 hors. Honestly I was happy with his promise I saw a hope in him in bringing justice to the duo.

But nothing happened instead of justice their relatives were beaten. This made me more aggressive I wanted to take revenge, I wanted to punish murderers. More ever I considered cm for all this because his behaviour made me much aggressive much angry against India and their brutality here.After one month of continuous strikes life was back on track. Again we started to remain busy with our studies.

But I always used to think why didn’t the duo got justice I once had seen news of a 14 year old girl from Delhi who was killed by unknown person in her bedroom. But Police wasn’t able to solve the case. It was then handed over to CBI who arrested the culprits in few weeks.But in case of Kashmir CBI solved the case differently they didn’t arrested the culprits but made a funny story of the victims that they died due to drowning in stream whose depth was hardly unto knees. This clearly showed policy of India in Kashmir.

But whom could I ask these questions why didn’t they get justice? Why they shoot us if we protest for seeking justice? These questions always were in my mind. By pelting stones I dint got answer but I was happy I felt I am taking revenge by pelting stones but what else I could do who was their to listen me. I felt satisfaction by pelting stones by pelting stones I wanted to say them give us justice leave our Kashmir let us leave in peace let us live in place where no mother has fear that her son may return dead. These are not stones these are my feelings.

Came 2010 it was January once I saw Wamiq Farooq, He was a neighbour of one of my relatives residing at Rainawari area of Srinagar. Wamiq was very good boy he used to offer my times prayers. He used to call me bhai (brother).After few weeks on one Friday evening I heard that a boy has been martyred after hitting by tear gas shell but I didn’t know unfortunately it was Wamiq the same guy whom I had seen before a day. When I woke up next morning I saw a picture of boy whose identity was yet to be revealed in newspaper. After few minutes I got call from my cousin that Wamiq has been martyred. For few minutes I totally froze I wasn’t able to speak. A boy hardly 13 was no more. You can understand how it feels when you hear death of person whom you know.

Wamiq was like my little brother I had never thought an innocent young boy will fall prey to their brutality. Once again hartals (strikes) and stone pelting emerged with more boys getting injured and martyred. Indian occupational forces were responding with more brutality, they are occupational forces their cruelty and brutality is not a surprise to us but I was surprised by the role of Jammu and Kashmir police our local police they are playing absurd role. One fails to understand the cause of their cruelty and brutality, Is it they want to show more loyalty to India or they are killing their brothers for money. What ever the reason is but the way they behave with their own countrymen is painful. Maybe they have became blind because of power government has given to them.

Wamiq's death gave birth to a powerful revolution. The revolution shook the existence of Indian rule in Kashmir. Now India started to show their military power to unarmed civilians. The way they deal with protests is answer to those people who call India integral part of Kashmir.India has started to engage its every front to curb this revolution from politically to technically even media is being used to curb this revolution.
Streets of Kashmir have become red with the blood of innocent people. Jhelum has become red with blood of innocent people.

I know one day may be I will also fall to their bullets even I am mentally prepared for that because I have attained extreme limit of stone pelting. But remember my death will give birth to hundreds of kale kharab (hotheads). As I became kale kharab (hothead) after death of innocent boys from last three years. 65 deaths have already given birth to hundreds of kale kharab (hot head) who are ready to fight till their last breath. These kale kharab (hothead) are present at every corner of Kashmir. What ever will the future of present intifada but the struggle to free Kashmir will continue even if takes 100 more years. Next generation will produce more dangerous kale kharabs (hot heads) to free Kashmir."


Source : Knowing Kashmir

Are Indian Nuclear Assets Safe ??

By : M Raza Malik

Indian nuclear scientist, Lokanathan Mahalingam, disappeared from the Kaiga Atomic Power Station in Karnataka on June 8, 2009 and his dead body was found from Kali River on June 13. The Kaiga plant is located near one of the biggest naval bases, Project Seabird and the scientist was working on the atomic plant since last eight years. He was involved in training apprentices on a replica of the actual reactor and was in possession of highly sensitive information.

Nuclear Reactor Maps : India

According to media reports Mahalingam went on morning jogging and got disappeared. As per his family members, he did not carry money or his cell phone with him and went for walk whereas the security guards on duty said that they didn’t see him leaving the campus. It is worth mentioning here that he also disappeared 10 years back when he was working at the Kalpakkam Atomic Station. On his return, after five days, Mahalingam expressed that he had gone to seek spiritual consolation.

A DNA test was performed just to ascertain the identity of the dead body. But that also raised the question: why was he cremated in such a hurry even before the results of the DNA test and the post-mortem report? The presence or absence of air in his lungs, any signs of torture on his body and the level of decomposition could have pointed to the circumstances in which he met his final end.

It is also questionable that shortly after his body was found the police announced its verdict that the scientist had committed suicide. The conclusion was premature since Mahalingam left no suicide note. Even if this version of Mahalingam’s death is accepted, the suicide of an Indian nuclear scientist who worked in a sensitive field is not an ordinary event. It points to the shaky human and personnel reliability in the Indian nuclear complex.

It must be a matter of global concern that killing of the Mahalingam is not only the first case of murder. Earlier, this year, another NPC non-technical employee Ravi Mule was found dead in the township on April 7. He too had gone for morning walk. Before that, on November 11, 2006, Director of Uttaranchal Space Application Centre, Dr Anil Kumar Tiwari, was also shot dead by an unidentified person near his residence. Police have not cracked the earlier cases and similarly are clueless in the current case of scientist. Moreover, in addition to financial corruptions, 152 theft cases of uranium have also been reported and registered with the police since 1984.

The fact of the matter is that Indian top listed companies have remained engaged in illegal importing and exporting of nuclear equipments. For example Berkeley Nucleonic Corporation (BNC), an American company was fined US $ 300,000 for exporting a nuclear component to the Bhaba Atomic Research Center in India and also in December 2005, United States imposed sanctions on two Indian firms for selling missile goods and chemical arms material to Iran in violation of India’s commitment to prevent proliferation. In the same year, Indian scientists, Dr Surendar and Y. S. R. Prasad had been blacklisted by the US due to their involvement in nuclear theft. Again, in December, 2006 a container packed with radioactive material had been stolen from an Indian fortified research atomic facility near Mumbai.

The above incidents confirm that the security of Indian nuclear programme is highly questionable. It is evident that the world’s most treacherous nuke proliferation is going on in India. The Hindu extremists with the help of Indian nuke scientists belonging to the Hindu fundamentalist organization Rashtriya Swayam Sewak Sang (RSS) have been found involved in illegal transfer of nuclear technology to Israel and some western countries through underworld organizations to generate the funds for the completion of “Maha Baharat agenda”.

The recent release of US document on the internet is another security concern in the serious circles of the Washington. The list includes both government and civilian nuclear facilities and covering the details and location of nation’s 103 commercial nuclear power reactors. The equipment useful in preparation of nuclear device is available in the open American markets and reportedly being sold to Indian organization illegally.

The release of US nukes document, selling of equipment in local American market, theft cases of Indian Uranium, disappearance and abduction of Indian Nuke Scientist seem to be correlated to each other.

Two of India’s most important nuclear installations are located near Mumbai. Tarapur’s two 160 MW nuclear plants are already functioning near Trombay while two more 500 MW power plants are under construction near Mumbai itself. These two plants are designed to work as fuel fabrication facilities and are not safeguarded under the International Atomic Energy Agency (IAEA) nor effectively protected. India’s Bhabha Atomic Research Centre (BARC) and a number of other nuclear plants and uranium conversion facilities are also not part of IAEA safeguards. A fuel fabrication facility is also not far from the city and is considered unsafe by most accounts.

If one is to believe the Indian claim that ten young militants engaged more than 3000 of India’s top commandoes, intelligence and police officials for 60 hours and killed 200 people in Mumbai city, then we must seriously be worried about the safety of India’s nuclear arsenal, radioactive material, and nuclear power plants. Experts are of the view that if ten gunmen can hold a city of 15 million people, which houses a number of sensitive nuclear and radio-active plants, then how safe are India’s nukes?


Intriguing Role of Western Media


It is intriguing that not a single major American or British media outlet covered the story of the kidnapping and murder of a man that holds the key to the Indian nuclear arsenal with proper analysis. There are no scare stories on CNN, BBC, Fox etc about Indian nukes falling in the wrong hands. There are some reasons behind all this fact. One is that the Am-Brit media spent much of its energy in the last two years trying to scare the world about Pakistan’s nukes and how the Pakistanis are unable to protect them. Suddenly a major nuclear security breach in India surfaced. One of the reasons can be that the Americans have just broken all proliferation laws and decided that India is such a responsible nuclear power that it deserves to be given advanced nuclear technology.

Imagine if this incident had happened in Pakistan. The entire Am-Brit media would have been beating the drums of war, reminding the world how dangerous and unstable Pakistan is. Isn’t it deliberate that the western media is silent about the basic questions: Who kidnapped and later killed the Indian nuclear scientist and what was the purpose? What would happen if one of the 14 separatist movements or the Hindu fundamentalist groups in India had kidnapped the scientist to gain access to Indian nuclear bombs? What if the terrorists who have actually gained access to an Indian nuclear facility, killed the scientist and are now waiting to carry out a major terrorist act? What if any one of those Indian separatist groups fighting for the independence in 14 out of the 28 Indian states have used the scientist to sell information or nuclear designs to groups or countries that end up attacking the United States? These are the questions that not only need answers but also put the peace and security of the whole world at stake.
Originally Published at Kashmir Media Service(KMS)

5th Global Discourse on Kashmir begins in European Parliament

Brussels, May 04 : The 5th Global Discourse on Kashmir (GDK 2011) started in European Parliament in Brussels on Tuesday with the welcome address of James Elles, Chairman, All Party Group for Kashmir in the European Parliament.

The fifth Global Discourse Conference was jointly organised by All Party Kashmir Groups and Kashmir Centre Brussels at the European Parliament.

Politicians, parliamentarians, journalists, civil society members, diplomats and experts from across the globe including members of the European Parliament, Pakistan, Afghanistan, India and South Asian delegations are participating in the two-day discourse.

James Elles, OIC’s special representative on Kashmir, Ambassador Abdullah Alim, Tijis Berman, APHC Chairman, Mirwaiz Umar Farooq and Sherry Rehman, member of the parliamentary committee, participated in the inaugural session titled “Situation in Kashmir – International Appreciation.”

Jaen Lambert, Chairman, South Asian delegation, Josef Janning, Director of Studies, European Policy Center, Dr Dennis MacShane MP (UK) and Executive Director of Kashmir Centre London, Professor Nazir Ahmad Shawl will discuss during a session “Situation in Kashmir – European Appreciation” later in the day.

Ivo Vagjl, MEP Committee on Foreign Affairs, Maulana Fazlur Rehman, Chairman, Parliamentary Kashmir Committee, Dr Udit Raj, Indian Justice Party and Nasim Zehra, Director Current Affairs Duniya TV, will participate in a session “Situation in Kashmir- Regional Appreciation.”

The main purpose of the Global Discourse on Kashmir, since its first meeting in 2004, according to APGK Chairman, James Elles, has been to encourage the informal dialogue process between the governments of India, Pakistan and representatives of the people of Kashmir.

The struggle of Kashmiri people is legitimate and based on principles of democratic right of the people to decide their political future, said a participant, adding that the durable peace and stability in South Asia is linked to the peaceful resolution of the Kashmir dispute

Academic dissent stifled in Kashmir by India

By : Haroon Mirani


Kashmir University, one of the largest universities in Indian-administered Kashmir, is also one of the most watched universities in India to ensure not a whimper of academic dissent emerges. But there are signs that the political climate may be changing.

Some Kashmiri academics say now is the time to speak out because the Indian government does not want to be embarrassed internationally as it emerges as a potential superpower.

Some 43,000 people have lost their lives (As per Indian government's stats, actual figures of killings are more than the double of stated figure) in the last two decades of insurgency in Kashmir, according to government figures, and this is regarded by human rights organisations as a conservative estimate.

Yet Kashmir University (KU) in Srinagar rarely allows research to be published on these burning issues.

The state suppression of academics is intended to prevent the emergence of authentic literature on Kashmir's contemporary history, where India often appears in a negative light, experts say.

And although violence in Kashmir is at the lowest level since its eruption in 1990, fear of reprisals still rules. Even seminars and workshops at KU are on strictly a-political themes and research students are encouraged to pursue 'safe' topics.

"We have books depicting Pakistan's point of view and the Indian point of view but our academics don't produce research papers, theses and books from the Kashmiri point of view, even though Kashmiris have suffered the most," said Sheikh Showkat Hussain, a law professor at Kashmir University.

New university departments have been created such as the Kashmir Institute. Prior to its establishment at KU in 2008, the institute was an independent body that produced commendable work often critical of the establishment. "It was a brilliant institute and had produced at least three dozen academically-acclaimed papers," lamented Showkat. Now it is entirely pro-government.

In 2010 the government banned a postgraduate course in human rights in KU without giving concrete reasons. Insiders say the government was embarrassed by research papers that emerged from the department, which squarely blamed the Indian army for gross human rights violations in Kashmir.

After much public outcry the department was allowed to resume work this year, albeit under scrutiny by the university authorities - those who express critical views of the government forego promotions or are thrown out.

Mohammed Yousuf Ganai, a history lecturer and president of the Kashmir University Teachers' Association, said: "If anybody talks openly, even if it is based on research, knives are out to harm him either professionally or personally"

"Such is the situation that even victims refuse to mention their ordeal as they fear it will invite more wrath," Ganai said.

The problem is widespread in all universities in Kashmir. "They are all same, with KU being the leading example of big [academic] resources rendered wasted by state control," said Parvez Imroz, a human rights activist and president of the Jammu and Kashmir Coalition of Civil Societies.

Despite burning issues related to the conflict like mass graves or the high prevalence of post-traumatic stress disorder and other conflict-induced phenomenon that need analysis and investigation, "no research dealing directly with the Kashmir conflict is coming out of KU".

Imroz pointed out that his coalition receives students from major universities like Harvard and Yale who want to research the Kashmir conflict, often on the very issues Kashmiri academics will not or cannot touch.

Instead, Kashmiri academics "choose neutral and safe topics like orphanages, culture, roads, architecture and climate change," Imroz told University World News, adding:

"Academics don't want to come out of their safe zone and assert their position. The fear of even remotely displeasing the state and the possible repercussions scares them. Nobody in academia is ready to fight and take on the state head-on over these visible and invisible curbs."

But not absolutely everyone is content to remain within their personal safety zone.

Hamida Nayeem, a professor in KU's English department, has had her passport impounded by the government for the past three years, for her outspoken criticism of government policies. She continues to speak out.

Nayeem said academic dissent was necessary. "It is they [academics] who can show dissent using proof and historical evidence, and reach to the bottom of truth with free and fair investigation of things."

But it is not easy. During the last 20 years the government has managed to handpick professors and lecturers in KU, according to Showkat, the law professor. "These people are not worthy of the position and to continue their prime position, they become easy collaborators."

According to many academics, the government has cultivated a wide network of sources to keep an eye on them. And action can be swift.

Last December Noor Muhammad Bhat, an English lecturer at a KU, was arrested on charges of sedition after he had set an examination paper in which one translation question included a passage related to youths stone-pelting Indian forces in Kashmir.

The police accused Baht of setting an 'anti-national' and 'anti-establishment' exam paper. Bhat was later granted interim bail by the high court after 23 days of detention, causing a huge outcry in Kashmir. Many academics came out in his support.

"The police have no role in matters of academia. It is for the university to see whether a passage is controversial or otherwise," Bhat told local reporters on his release.

Also in December, the police registered a case of obscenity against KU professor Shad Ramzaan of the department of Kashmiri studies, although they did not arrest him. Ramzaan had taken a passage from a book about the evolution of mammary glands of females for a translation examination paper.

Shad called the charges against him "academic terrorism".

"I took this paragraph from a text book of Unani (traditional) medicine. The police should first book the author [of that book] and then they should book the people who prescribed it. They should also ban medical colleges and MBBS course because it is all being taught there," he told a news agency.

Ramzaan was stripped of his post as head of KU's Kashmiri department and blacklisted from setting exam papers for 10 years.

But some academics feel now is the time to speak out. English professor Nayeem felt things had changed in the last five years in Kashmir, primarily due to the decline in the armed insurgency.

Previously at the height of the violence the government was quick to brand academics 'anti-national' if they spoke out, claiming it was curbing militancy. But now if academics speak with one voice, the authorities might not dare to act against them. "They can punish us singly but not entire academic community," said Nayeem.

Many academics are optimistic, citing the decline in violence, India's rising superpower status and, most crucially, the country's democratic image as the biggest deterrents to persecutions similar to those that took place during the worst times, particularly the early 1990s.

"India won't like to be internationally embarrassed in this era of mass media by persecuting intellectuals," said Showkat. "There is hope that if academics rise to command authority and freedom of expression at this juncture, we will see a big change in Kashmir University."

But Nayeem pointed to the continued timidity of the academic community after years of repression: "Unfortunately academics are not coming forward," she said.

This article was originally published at UNIVERSITY WORLD NEWS

A Press Note on fake encounters and Indian terrorism in Kashmir by International People's Tribunal on Human Rights and Justice in Kashmir (IPTK)

PRESS NOTE: FOR IMMEDIATE RELEASE

Srinagar, June 06, 2010

From: Dr. Angana P. Chatterji is Convener IPTK and Professor, Anthropology, California Institute of Integral Studies.
Advocate Parvez Imroz is Convener IPTK and Founder, Jammu and Kashmir Coalition of Civil Society.
Gautam Navlakha is Convener IPTK and Editorial Consultant, Economic and Political Weekly.
Zahir-Ud-Din is Convener IPTK and Vice-President, Jammu and Kashmir Coalition of Civil Society.
Advocate Mihir Desai is Legal Counsel IPTK and Lawyer, Mumbai High Court and Supreme Court of India.
Khurram Parvez is Liaison IPTK and Programme Coordinator, Jammu and Kashmir Coalition of Civil Society.

Queries may be addressed to:
Khurram Parvez
E-mail: kparvez [at] kashmirprocess [dot] org
Phone: +91.194.2482820
Mobile: +91.9419013553

The spectre of death and state violence haunts Kashmiri civil society each day. Violence is anticipated, experienced, and intimate to lives. There are those that are its direct targets and others that are concomitantly affected. Violence permeates daily life, regulates bodies and conditions behaviour...

On April 29-30, 2010, the Indian Armed Forces executed Shahzad Ahmad, Riyaz Ahmad, and Mohammad Shafi in a fake encounter in Kupwara district, claiming them to be "infiltrating militants" from Pakistan.

Extrajudicial actions of the Indian Armed Forces in Indian-administered Kashmir have been accompanied by inflammatory discourses in April-May 2010, presenting insurgency, militancy, and terrorism as escalated threats to national borders and nationalized populations, charting collaborations between external and internal enemies (Muslims of Pakistan and Muslims of Indian-administered Kashmir), arguing for greater state control over mechanisms of "security" and "freedom."

Cross-Line of Control (LoC, between India and Pakistan) movements, infiltrations, and insurgency into Indian-administered Kashmir are real and significant issues. The Indian state exaggerates these realities in order to create national and international sanction to escalate militarization, by linking "foreign terror" to local Kashmiri civilians, in a context where large sections of civil society are discontent with Indian rule. Such claims propagate a more aggressive role for India within the Afghanistan-Pakistan-Kashmir region, expanding India's influence as an international force, and enabling the Indian state's administration of Kashmir to proceed with impunity. In April-May 2010 alone, Indian Armed Forces reportedly killed over 20 militants in different "encounters." These cases require transparent and independent investigations.

IPTK released BURIED EVIDENCE: Unknown, Unmarked, and Mass Graves in Indian-administered Kashmir in December 2009. Authored by Angana Chatterji, Parvez Imroz, et al., BURIED EVIDENCE documented 2,700 unknown, unmarked, and mass graves, containing 2,943+ bodies, across 55 villages in Bandipora, Baramulla, and Kupwara districts. The Government of Jammu and Kashmir and the Government of India have not undertaken investigations into the findings of BURIED EVIDENCEor acted on its recommendations. Such action may have generated constructive interventions into the continuing chain of extrajudicial executions by the Indian military and paramilitary.

In the absence of intervention into extrajudicial killings, violence continues. Shahzad Ahmad, Riyaz Ahmad, and Mohammad Shafi were lured, kidnapped, involuntarily disappeared, and murdered by members of the Indian Armed Forces and state-sponsored militia. They were persuaded to leave their homes in Nadihal village, Baramulla district, for the 4 Rajputana Rifles Unit camp in Kalaroos, Kupwara district, with the promise of paid employment moving arms and ammunition along the LoC.

The fake encounter that killed Ahmad, Ahmad, and Shafi was staged close to the time when the 4 Rajputana Rifles Unit at Kalaroos was marked for transfer out of Kashmir. These murders in Machil sector of Kupwara district, as other fake encounters, were also reportedly motivated to secure cash rewards and perhaps act as a shield for illegal trade in arms. Reportedly, the Armed Forces has been customarily offering cash rewards of between 50,000 Rupees and 200,000+ Rupees to police or armed forces personnel for the killing of a militant. Official discourse asserts that individual security forces personnel have committed crimes for reward, acting on their own initiative, against regulations, masking the reality that the policy of the Armed Forces mandates and rewards brutality.

Chief Minister Omar Abdullah authorized a magisterial probe on May 27, 2010. The public do not have the right to participate freely in these inquiries, and until that is enabled, such inquiries do not support truth and justice in Kashmir, where a substantial section of the judiciary has been severely compromised through twenty years of militarized governance. The police charged Major Upendar, 4 Rajputana Rifles Unit at Kalaroos, along with three others, with criminal conspiracy and kidnapping. Police also lodged a murder case against Major Upendar and three others. This is the first instance in which a unit of the Indian Armed Forces has transferred charge over officers, even while Kashmir Police have chargesheeted other officers in various fake encounter cases in the past. Chief Minister Abdullah stated that: "This time the assurance of full cooperation has come from no less than the Defence Minister [A. K. Antony]" (Jaleel, 2010). In the Machil killings, police investigations, unlike in the numerous other instances across Kashmir, uncovered important information.

Why this exception? Is it the start of transparency and accountability, the beginning of the end of the twenty-year conflict? Or, are these strategic steps in a game calculated to isolate these events from the larger context of military rule and immunity with the intent to subdue sustained public outcry? If the former, then all responsible agencies and institutions must be transparently investigated, all recorded encounters must be examined for malpractice, all extrajudicial killings must be examined for any linkages to enforced disappearances; and all unnamed, unknown, and mass graves be investigated. If it is the latter, "business as usual" and the routine violence of everyday life can be expected to continue unabated.

The Senior Superintendent of Police of Kupwara district, Mohammad Yousuf, stated that, following the Kalaroos fake encounter, police were inquiring into others. "We can't say that every encounter that happened on the LoC is fake. But we are a bit concerned now" (Ehsan, 2010). Mass and intensified extrajudicial killings have been part of a sustained and widespread offensive by the military and paramilitary institutions of the Indian state against civilians of Jammu and Kashmir. The methodical and planned use of killing and violence in Indian-administered Kashmir constitutes crimes against humanity in the context of an ongoing conflict.

In contexts of non-international armed conflict as well as in areas under occupation and disputed areas, international human rights law explicitly states that states may apply lethal force only in situations where such use is imperative and necessary to contend with the amount of force being perpetrated. International humanitarian law urges the adoption of a law enforcement framework, and the mandate to make arrests whenever possible. The United Nations Human Rights Committee states that the right to life is protected by law. Even with respect to proportionality and the use of disproportionate force on persons perpetrating force, international human rights law argues that a state must respect the right to life. Fake encounter killings in Indian-administered Kashmir repeatedly break this agreement.

Source : http://www.kashmirprocess.org/reports/machil/pressrelease.html