Wednesday, 1 June 2011

Shopian tragedy: Asiya, Neelofer die every day for us, says family

Shakeel (husband of Neelofar) and her 3 years old son praying for her on her grave at her 3rd martyrdom anniversary

The family of Neelofar and Asiya Jan, the Shopian women, who died mysteriously except for Central Bureau of Investigations CBI, says that justice has been brazenly denied.

“Two years have been completed since my wife Nelofer and sister Asiya Jan were killed and there is no day when we don’t remembered them, they die every day for us,” Shakeel Ahmad Ahanger, head of the victim family, says.

“We futilely went to every forum for justice,” he adds.

Shakeel also hit at mainstream as well as the separatist parties in Kashmir.

“While government sabotaged the entire incident, the face of those who claim to be inheritors of martyrs was also bared. Martyr dies for their family only,”

Meanwhile, the Shopian district observed strike against the alleged rape and murder of the two women in 2009.

The bodies were recovered on May 30, 2009. While people maintain that the sisters-in-law were raped and murder, the Central Bureau of Investigation claimed that the duo died of drowning.

Wullar Tragedy: 'Tell father to save me'

Published at Kashmir dispatch

Bilques was waiting for her turn, on the banks of Wullar Lake, to take a joyride when the boat capsized. Moments later she saw her sister Rehana drowning. “Her last words to me were- papas wanta mi bachaw” (Tell father to save me),” she says.


                      A picture of graveyard where 20 children are buride. Children share graves here.

The vast lake was abuzz with activity on a bright summer day. Girls running around, boys playing hide-and-seek in nearby thickets and teachers disciplining tots to sing poems of hope and brighter tomorrow, the usually silent Wullar had come to life. In the afternoon, children were goaded at a place for lunch. Almost everyone spoke of the joyride that was to be taken once the lunch over.

A Boat Assault Universal Type (BAUT) speedboat came cruising towards the banks and the children thumped the ground in jubilation. It belonged to Marcos- highly trained marine commandoes belonging to Indian Navy, who are stationed at the lake since the outbreak of insurgency in the state in 1989.

The first batch of students and teachers boarded the boat and it set for a joyride that was a “gesture of friendship” offered by the Marcos. While a group of children and their teachers got off safely from the first two rides, the small speedboat, with over 30 aboard, and which is meant for 16 fully equipped combat troops and two crew members, capsized in the midst of the lake. The negligence on part of Marcos cost 22 lives including 20 children.

Shaista, was among the children from Burning Candle School who were in the boat when it capsized. “We were almost 35 people in the boat. There was a hole in the bottom of the boat wherefrom water was continuously piercing,” she says.
Contrary to the Navy claim that the children had assembled on oneside and the boat lost balance when it took a sharp turn, she says, “Water had seeped into the boat through the hole and it lost balance and collapsed.”

Abdul Hamid, a resident of Watlab- situated on the banks of the lake says, “I was watching these kids from other side of the lake. They were very happy. Once they reached at centre, boat collapsed.” He adds the boat ‘didn’t take any steep turn’.

Locals here say, these deaths could have been prevented if men from Navy would not have stopped them. “When kids shouted for help people from all adjacent areas gathered. But Navy force didn’t allow us to interfere. Despite that we rescued 6 kids. If Navy would not have stopped us we could have saved more,” says Hamid’s friend Mohammad Ramzan.

FAMILIES KEPT IN DARK:

“I compelled my husband to permit kids for an excursion”

Classmates, friends and siblings died in the boat capsize in Wullar on May 30, 2006. Not far away from the Handwara market in a desolate alley is the house of Aesha Bano, who lost her 6-year-old son Mehraj-ud-din and 10-year-old daughter Shameema in the tragedy.

With tears rolling down her eyes she regrets her decision to send her children on picnic despite their father opposing the decision. “I compelled my husband to give permission to the kids for an excursion,” she says amid sobs.
He did not allow, but, Ayseha joined the chorus with her children and made him agree.

“The teachers of Burning Candle Public School assured that they will not take kids to a place where there was a water body,” she says.

Sources say that the school authorities changed their mind after Navy offered them the joyrides as a "friendship gesture". Instead of going to picnic to shrine of a saint in Reshvoor, they headed to Watlab on the banks of Wullar.
“If I would have come to know earlier that school authorities are going for excursion under Indian Navy. I would have never sent my kids with them,” she says adding “It seems that Indian navy and school authorities hadpreplanned for the murder of 20 kids.”

Like Ayesha, Farooq Ahmad who lost his two daughters was not aware of that excursion was taken in collaboration with the Navy. He was also kept in dark about the spot chosen for excursion. The lie cost him his daughters Samreena a student of 9th class and Suraya who was in 2nd class.

“School authorities assured me that they will take kids to Baba Shukur Din Shrine. But notwithstanding their promise they took our kids to Watlab,” he says.

The pain keeps on manifesting for Farooq and his family. “After one month Samreena’s teacher gave me my daughter’s picture and told me that she has clicked it half an hour before this episode” he says.

Had it not been for the local fishermen, Farooq would have lost his third daughter, Shaista. “She was also among the children who drowned but was rescued by local fishermen,” he says.

GRAVEYARD AND JUSTICE

Names of children who drowned inscribed on a stone
All the children have been buried in a graveyard near Handwara where smiling roses ornament the graves. “The children share graves here. Brothers have been buried together, somewhere three children are buried in same grave,” says the caretaker.

Not surprisingly though, the government is yet to initiate action against the Navy personnel indicted by a judicial commission for drowning the children five years ago.

Following massive protests across the Valley, the state government, led by then chief minister Ghulam Nabi Azad, had ordered judicial inquiry in the case.

The inquiry officer, Tariq Naqashbandi, blamed four Navy officials—Lt K S Nehra, officer in-charge naval Det (Marcos), Watlab, Krishan Khulvi boat operator, Raj Ram and Ganishan—for negligence in the tragedy.

Naqashbandi had recommended that criminal proceedings be launched against the four Navy officials and principal of the school for negligence, which resulted in the tragedy.

Pertinently, then Navy Chief, Admiral Arun Prakash, is on record having said that no one from the Navy would be spared if indicted.

The Chief Minister Ghulam Nabi Azad had said that he would write to Naval authorities to initiate action against guilty personnel.

In the hearts of its survivors the tragedy is still fresh. “I also boarded the boat, but my Didi (sister) brought me down saying that it is dangerous to travel in it as it was already overloaded,” recalls Sufiya, who lost her two sisters in the tragedy.

The Mute Spectators, the Hell lickers (Abdullah's)

By Shoaib Kashmirie

Kashmir,illegally Occupied for 63 years, has now buried at least 230 of its people in the last 358 days under brutal military curfew and the spiral continues. Humanity ripped apart and helpless kashmiris left to face the wolves. Nations bear testimony but stand mute spectators to this carnage.Amid all this melancholy,a posse of remorseless souls at the helm of affairs unperturbed,unruffled witnessing this dance of death with sheer delight. Unarguably, the ABDULLAHS (Sheikh, Farooq, Omar) are the worst enemies of kashmiris.Their "LIBIDO" for power is of rampaging magnitude.The Lust for power has blinded them and they are unable to read the writing on wall.


"HELL LICKERS" a term that specifically suits the abdullahs as they are the perpetrators and poor kashmiris 'the victims'. An abdullah wastes no chance to demean the people who have enabled his ascent calling them goons and adding insult to their injuries by nullifyin their sacrifices saying let bygones be bygones when queried by a journo. They've sold their conscience and there's not even a bit of contrition. They've always compromised on our dignity to appease their masters and misguided us to a " cul de sac ". But the struggle has begun and the fight is on, to free ourselves from shackles of bondage and to alleviate the suffering of the aggrieved.

© Shoaib Kashmirie

Tuesday, 31 May 2011

Draconian Law prevailing in our state (Jammu & Kashmir)


JAMMU & KASHMIR PUBLIC SAFETY ACT, 1978



The Act promulgated in 1978 (amended in 1987 and 1990) empowers the State government to detain a person without trial for two years under the pretext of maintenance of public order. The Act fell short of the recognized norms of justice, such as equality before law, the right of the accused of appearance before a Magistrate within 24 hours of arrest, fair trial in public, access to counsel, cross examination of the witnesses, appeal against conviction, protection from being tried under retrospective application of law, etc. Even the provisions of the Act, though already unsatisfactory, have been consistently violated. The detainees are not informed of the reasons of their arrest and they are kept in custody for a much longer period of time than stipulated in the Act. They are not allowed to meet their relati
ves and counsels. The amendment of 1990 extended its operation beyond the State, enabling the State machinery to keep the detainees in the jails of India, outside the State. Under Section 22 of the Act, any legal proceeding against officials for acts “done in good faith” are also disallowed.The law has been widely used against the innocent Kashmiris as well as political opponents. Thousands of people have over the years been detained under the Act.

JAMMU & KASHMIR DISTURBED AREAS ACT, 1990

Under the Act, the whole or part of the State can be declared disturbed area by the Central Government or the Governor. The whole valley of Kashmir and two Districts of Jammu have since been declared disturbed areas. An official of the level of Head Constable is allowed to use force or shoot (and kill) under the pretext of maintaining the public order. The Act gives the police extraordinary powers of arrest and detention. It provided a cover to the state machinery for indiscriminate and unprovoked firing at peaceful and unarmed demonstrations, extra judicial killings and destroying the property of Kashmiris on suspicion. Moreover, Section 6 gives legal immunity to persons acting under this Act; no suit or prosecution can be instituted, except with the previous sanction of the government against any person in respect of anything done or purported to be done in exercise of the powers conferred by the Act.

TERRORIST AND DISRUPTIVE ACTIVITIES ACT (TADA) 1990 :

The Act enforced in 1985 (amended in 1987) gives security forces and armed forces special powers for use of force, especially the amendment of 1987 made it tougher. It was widely used for unauthorized administrative detention without formal charges or trial for upto one year. Under the Act, involvement in, or preparation for, disruptive activities attracts sever punishment upto life imprisonment. Arrests can be made even on suspicion of committing “disruptive activities”, broadly defined as “any action taken, whether by act by speech or through any other media ….. which questions, disrupts or is intended to disrupt, whether directly or indirectly, the sovereignty and territorial integrity of India, or which is intended to bring about or support any claim…… for the cession of any part of India from the Union……” Since the law gives special powers to the security forces in the use of force, arrest and detention, it was extensively used in the occupied Kashmir. Even after lapse of the Act in 1995, the cases are filed under this Act, which provides that it may be applied to preceding trials in various courts and to persons, who may be tried in connection with the offences alleged to have been committed prior to 1995. The regime of the occupied Kashmir acknowledged that it held 772 persons under the TADA. Still many more are in Indian jails, outside the State.
This law also fails to meet the international standard of fundamental principles of justice, which requires that the detainees should have a fair and prompt trial and they should be informed of the reasons of arrest. The defence counsel is not permitted to see witnesses for the prosecution, who are kept behind screen while testifying in court. Besides, confessions extracted under duress are permitted as evidence.

THE ARMED FORCES (JAMMU & KASHMIR) SPECIAL POWERS ACT, 1990

The Armed Forces (Jammu & Kashmir) Special Powers Ordinance, introduced in July, 1990, was later enacted by the Parliament of India and enforced on 10th September, 1990. When certain areas are declared to be “disturbed”, the army and paramilitary forces are granted sweeping powers under Section 4 (C) of this Act.The armed forces can be used in aid of civil authorities and even a non commissioned officer can search any place, stop/seize any vehicle, fire at any person (and kill), or arrest him even on the basis of suspicion with no obligation to inform him of the grounds thereof. It gives the Indian security forces sweeping powers that facilitate arbitrary arrests and detention and extra judicial executions as well as destruction of property.The provisions of the black law are further violated in the occupied Kashmir by the security forces. Under the law, an arrested person is to be handed over to the nearest police station. But it is seldom done. Besides, the armed forces personnel are supposed to act as and when requested by the civilian authorities. In other words, the former should work under the direction of the latter. However, factually the security forces are inflicting atrocities on the Kashmiris without informing the civil administration. The State government has proved ineffective in controlling the Indian security forces, who have unleashed a reign of terror in occupied territory. The Act legitimizes barbarism in the State, as under Section 7, the security forces are given an immunity from prosecution for any act committed by them..

PREVENTION OF TERRORISM ACT (POTA), 2002

The Prevention of Terrorism Ordinance (POTA), promulgated on 25th October, 2001 was initially rejected by the Upper House, when presented for enactment. However, it was passed at the joint session of the Indian Parliament on March 26, 2002. Though the law was for the whole country, its main focus was occupied Kashmir.POTA equipped the Indian forces with extra ordinary powers. Under the law, any act committed with a lethal weapon was termed terrorist act. The offences included even inviting support for an alleged “terrorist organisation”, addressing a gathering of sympathizers (of a terrorist organisation) and arranging, helping or assisting to arrange a meeting in which support for any “terrorist organisation” or its activities is expressed. The properties of the alleged terrorists, terrorist organisations and their sympathies would be seized. The suspects could be detained for 3 months without framing charges against them and for another 3 months, if allowed by a special Judge.The Government officials admitted that excesses had regularly been committed. A long list of illegal arrests and unlawful killings has been documented by the human rights organisations. This black law was used mainly in occupied Kashmir. Ninety Nine point nine percent arrested under this Act were Muslims. Owing to strong protests and denunciation from the world leaders and organisations, the Act has now been withdrawn.

UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ORDINANCE 2004

The Ordinance was passed by the Indian President in 2004 and was implemented forthwith. It has since been promulgated as Act. It again provides extraordinary powers to armed forces and other law enforcement agencies, similar to those previously provided by the POTA.In addition to the above-mentioned measures, the laws and ordinances regarding other disturbed parts of India can also be applied in occupied Kashmir.
THE NATIONAL SECURITY ACT (NSA)

Under the NSA, a person can be detained without charge or trial for upto one year to prevent him from acting in a manner prejudicial to state security, the maintenance of public order or relations with a foreign power.
OFFICIAL SECRETS ACT (OSA)

Under the Official Secrets Act (OSA), the Government may restrict publication of sensitive stories. But the Government interprets this broadly to suppress criticism of its policies.
NEWSPAPERS INCITEMENTS TO OFFENCES ACT

The Newspapers Incitements to Offences Act, 1971 remains in effect in Jammu and Kashmir. Under the Act, a District Magistrate may prohibit the publishing of material resulting in “incitement to murder” or “any act of violence”.
CRIMINAL PROCEDURE CODE

The Criminal Procedure Code provides for an open trial in most cases, but it allows exceptions in proceedings involving official secret trials in which statements prejudicial to the safety of the State might be made, or under provisions of special security legislation. The authorities enjoy special powers to search and arrest without a warrant. If required, the public assemblies can be banned and a curfew can also be imposed.
INDIAN TELEGRAPH ACT

The Indian Telegraph Act authorizes the surveillance of communications, including monitoring telephone conversations and intercepting personal mail, in case of public emergency or “in the interest of the public safety or tranquility”.Besides the afore mentioned draconian laws, the following are also in force: -
i. Enemy Agent Ordinance 1948.
ii. The Egress and Internal Movement (Control) Ordinance, 1948.
iii. Prevention of Unlawful Activities, 1963.
iv. Prevention of Subversion and Sabotage Act, 1965.

WORLD OPINION

The TADA gives a license to kill. (Amnesty International). The powers of the TADA and the Armed Forces Special Power Act are incompatible with the state obligation to uphold and protect human rights, in particular the right to life. (UN Human Rights Committee). Wide powers of arrest granted under TADA, combined with the absence of fundamental legal safeguards for detainees, create a climate, which encourages abuse of power and facilitates illegal and secret detention. (Amnesty International)

1) The TADA has come to represent a blatant and wide spread violation of civil rights. (Daily The Indian Express)

2) This organisation has not come to know of a single case of disappearance in Indian Held Kashmir in which the perpetrators have been brought to justice. (Amnesty International)

3) Thousand of allegations of torture and deaths in custody have been reported in Jammu & Kashmir since early 1990. (Amnesty International Report, 1995)

4) “Access to redress for victims of human rights violations, a right guaranteed under international law, is being denied to victims in Jammu & Kashmir”. (Amnesty International – May, 1997)

5) Thousands of political persons were detained without charge or trial under special legislations such as TADA, the Armed Forces (Special Powers) Act and the Disturbed Areas Act, which lacked vital legal safeguards. (Amnesty International Report, 1997)

6 ) Many provisions of TADA contravene important international human rights standards, especially the right to liberty and security, to a fair trial, freedom of expression and the right not to be tortured. (Amnesty International)

7) India should release all detained Kashmiri leaders and political workers. The draconian law, the Public Safety Act should be annulled, if it cannot be so amended as to conform to the standard of protection of human rights. (Amnesty International – May, 2001)

8) The Armed Forces (Special Powers) Act violates provisions of International human rights law, including the right to life, the right to remedy and the rights to be free from arbitrary deprivation of liberty and from torture and cruel inhuman or degrading treatment or punishment. (Amnesty International)

9) The continuance of a system characterized by extra ordinary law created to fight the insurgency, like the Armed Forces Special Powers Act, the Public Safety Act and the POTA, has “produced an environment of impunity and lawlessness”. A systematic pattern of abuse emerges – the Armed forces do not disclose, indeed they conceal their identity, no record is maintained of who is conducting the arrest. The Armed forces do not respond to summon from the courts even in habeas corpus petitions. The High Court of Jammu & Kashmir has been forced to close hundreds of cases without even finding what happened to disappeared persons for non cooperation of the Armed forces. (Tapan Bose – The Committee of Initiative on Kashmir)

10) The Prevention of Terrorism Act (POTA) continued to be used to detain political opponents and members of minority populations. The lapsed Terrorist and Disruptive Activities Act continued to be used to arrest people in Jammu and Kashmir by linking them to cases filed before 1995. Preventive arrest and detention provisions contained in other security laws as well as in the Code of Criminal Procedure were also misused against political and human rights activists. (Amnesty International Report, 2004)

11) The Indian government’s failure to account for these abuses and take rigorous action against those members of its forces responsible for murder, rape and torture amounts to a policy of condoning human rights violations by the security forces.

12 ) Among the worst of these violations have been the summary executions of hundreds of detainees in the custody of the security forces in occupied Kashmir. Such killings are carried out as a matter of policy.

14 ) Operating as secret illegal army, have been the state – sponsored paramilitary groups. Many of these groups have been responsible for grave human rights abuses, including summary executions, torture and illegal detention as well as election – related intimidation of voters. (Human Rights Watch Asia, Report, 2005)

15 ) Indian troops continue to use extra judicial killings as a method to suppress insurgency in Kashmir. The National Human Rights Commission (NHRC) reported 136 deaths in police custody and 1357 deaths in judicial custody during the period of January to March, 2004. Besides, the Indian authorities generally did not report encounter deaths in Jammu & Kashmir to the NAHRC. (State Department Report, 2005)

Complete shutdown in Shopian town

Srinagar, May 31 (KMS): In occupied Kashmir, complete shutdown was observed in Shopian town for the second consecutive to commemorate the death anniversary of two Kashmiri women, Aasiya and Neelofer, who were molested and murdered by men in uniform in 2009.

All shops, government and private offices and banks remained closed while traffic was off the road on Monday. The occupation authorities had deployed large number of Indian policemen and paramilitary troops to prevent people from holding demonstrations in the town.

The incident had sparked a wave of protests across the Kashmir Valley. Shopian had observed strike for 47 consecutive days to press for the identification and punishment of the perpetrators.

On the other hand, the police have arrested in-charge Police Post Pul Doda in connection with the harassment of a college girl who jumped into Chenab river on Sunday after she was terrorized by the policemen. The dead body of the girl was yet to be traced.

Source: Kashmir Media Service

Monday, 30 May 2011

Girl in occupied Kashmir jumps into river after being harassed by Indian cops

A college student jumped into the Chenab river in Doda district of occupied Jammu and Kashmir after she was harassed by police for having tea with a young man who studied with her, locals alleged on Monday.

The body of the girl, in her 20s, has still not been recovered. Rashida Bano was having tea with Najab Din at a tea stall on the bank of Chenab in Pul Doda town, some 165 km from Jammu, on Sunday.

An assistant sub-inspector was suspended on charges of not handling the matter in a professional manner.
According to the locals, a Special Police Officer (SPO) - who is not a regular police employee but works on consolidated pay - on reaching the tea stall started questioning them.

Locals say they were embarrassed over questioning as the cop used indecent language. 

They repeatedly told the police that they are just friends but police personnel took them to the police station and informed their parents.

According to the police, father of the girl said that he will come to the police station to take back her daughter. 

Reports suggest that though the police was satisfied that they were just friends and decided to let them go, the girl was terribly upset over the incident especially when her father was informed. 

She left the police station and jumped into the near by river Chenab. Her body couldn't be fished out till early Monday morning.

People in the area held protests against the police after the incident. 

Last year, in neighbouring Kishtwar district, two girls committed suicide by jumping into the river after they were questioned by the police for sitting with their class mates on the banks of the river.

Source: Hindustan Times