Thursday, 5 January 2012

1993 Sopore Massacre, People Still Missing Women’s College

January 6 : In occupied Kashmir, massacre in Sopore town 18 years back, when the apple town witnessed the worst incident of arson at the hands of troopers of Border Security Forces leading to death of 57 people, a dozen of them roasted alive, besides reducing 350 shops and residential houses to rubble and ashes on 6 January, 1993.

The ‘Time’ magazine had titled the news report (on January 18, 1993) “Blood tide rising: Indian forces carry out one of the worst massacres in Kashmir’s history.” The publication described the massacre, and the protests that ensued thus: “Perhaps there is a special corner in hell reserved for troopers who fire their weapons indiscriminately into a crowd of unarmed civilians. That, at least, must have been the hope

of every resident who defied an army-enforced curfew in the Kashmiri town of Sopore to protest a massacre that left 55 people dead and scores injured.”

The memories of the bloodiest of the massacres carried against the civilian population in Valley remains fresh in hearts and minds of the people particularly denizens of the apple town even after eighteen years.

It was the chilly morning of January 6, 1993 when mujahideen attacked the BSF men at Baba Younis Lane near the Sopore town’s main street, killing two of them. The mujahideen also took away the rifles of the slain BSF men. The personnel after the shootout went berserk and opened indiscriminate fire on unarmed civilians and set on fire markets and Women’s Degree College near chowk of the town.

The local residents regard the incident as one of the worst massacres in the history of Kashmir. Abdul Rashid, an eyewitness while recalling the massacre said it was around 1030 hours on the fateful day when BSF personnel fired indiscriminately and carried out arson in the apple town.

“I still remember that BSF personnel intercepted a bus from Bandipore near Sopore and set it ablaze.” Fifteen persons were charred alive. “I along with nine other persons had taken refuge in a shop and there was destruction across Sopore. I still remember that corpses were scattered and police was watching helplessly,” he said.

Some 15 civilians who tried to rescue their brethren were also shot dead by the BSF personnel, said Abdul Majid, a survivor. Ghulam Nabi Butt of New Light Hotel shouldered 11 dead bodies and before he could carry the 12th, he too was shot dead. “I cannot forget that horrendous incident till I am alive; the troops were on rampage; I lost two relatives in the incident,” said an eyewitness and survivor of the carnage. “I wonder how can doomsday be worse,” said a resident.

As per the locals, BSF personnel sprinkled petrol and gun powder on all structure to set about 350 shops on fire,” said an eywitness, Ghulam Nabi. Recalling the horror at the hospital, an employee at local hospital said, “We could not rush outside as BSF personnel killed several persons who rushed the injured for treatment.”

“The massacre would haunt us as long as we are alive,” said Muhammad Abbas of Sopore.

The locals said that people searched the debris for bodies for next three days. The incident sends shock waves across the Kashmir valley and people protested for many days continuously. The martyred were later identified as Mohammad Maqbool Dar son of Karim Dar, Abdul Ahad Laloo son-in-law Razaq, Abdul Ahad Kanjwaal (85) of Muslim Peer Sopore, Zahoor Khan son of Shafi Khan, Bashir Ahmad son of Ghulam Mohammad Shalaa, Ghulam Rasool son of Mohammad Shaban, Ashraf son of Mohammad Maqbool Shalla, Sajad son of Razaq Shalla of Shalpora, Ismayeel son of Ghulam Ahmed Butt of Marajpora, Ghulam Mohammad son of Khaliq Wani of Iqbal Nagar, Sideeq Rahee, Ghulam Nabi Zargar Son of Qadir of Badami Bagh, Ghulam Nabi Butt New Light Colony, Farooq Banday son Rashid Banday, Javid Sheikh, Ghulam Nabi Butt son of Abdullah Butt of Sangrampora, Altaf son of Ghulam Rasool Ganie of, Ashraf son of Ghulam Hassan Kangoo, Ashraf Kernaie son Hassan Kernaie Khan Kahie Mohalla, Ghulam Rasool Sofi of Rafiabad, Majeed son of Ghulam Mohammad Gadoo of Baba Raza, Majeed son of Shafi Sofi, Haji Gh Mohammad Sheikh of Krankshun colony, Ashraf Wani of Handwara, Mohammad Hussain Wani of Baramulla, Bashair Wani of Wanigam Pattan, Mushtaq Ahmad Balla Son of Khazir Balla of Seer, Mohammad Ashraf Mir of Ashpeer, Rashid son of Jabbar Sofi Bandipore, Rashid son of Ghulam Mohammad War Tujar Sharief, Khaliq son of Ghulam Mohidin Malik of Arampora, Razak Chalkoo son Ghulam Mohammad of Baramulla, Ghulam Mohammad son of Sultan War of Tujar Sharief, Gulzar Sheikh son of Abdullah Sheikh of Shahabad, Ghulam Mohidin son of Asadullah Mir Bandipora, Ghulam Rasool son of Sultan Sofi of Langate, Ghulam Mohammad Khan of Bandipora, Bita Mir son of Gh Mohdin of Tawheed Gung Baramulla, Bita Ganie son of Wali Mohd of Syed Kareem Baramulla, Misra wife of Asadullah Lone of Hatlongoo and Ghulam Mohammad Sheikh of Krankshun colony


Earlier Published On Aalaw

Wednesday, 4 January 2012

Zaalim- "The Tag Forever"


Fan Write-Up By One Of Our Young Female Writer




As the tip of my pen touched it, I feared that the whole paper would turn blue! It felt like the bundle of events mixed with emotions would burst through the ink out on the paper. But there was a second point. It is said that what we, humans, cannot see, is seen by every other thing! Ah!, then, seeing the tears of blood lingering to fall off from my eyes, the paper would rather turn red in affinity.There was an affray between the two liquid entities and a question for me too. Which one should I allow to bedeck my paper? Perplexed, I could not decide. The paper was filled either way. People can better adjudge whether it is a spontaneous outburst of emotions or a more familiar overflow of an overturned river of blood. Whatever, one thing that


I think ZULM or oppression in itself can be an answer to the WHY. Anyway it is transparent to everybody that ZULM spares none in kashmir. That is why after getting fed up with the slow and steady ZULM, even the JKBOSE decided to give the ZALIM a prestige for ever. No sooner had the ZALIM been honoured by the board authorities, he became more audacious only to add to himself the ZALIM tag forever! For children, he was merely a sketch in their books, but the ZALIM himself proved that he is no way a sketch only and that ghost stories are not always fictious! Here also, I suppose everybody knows HOW!is coherent is that the same kind of feeling would arise in the heart of every cognisant person of Kashmir who tries to provide a vent to his feelings and emotions...and perhaps everybody knows WHY! So just a reminder gets the work done, since every person from Kashmir can pen down a book of his own in answer to this WHY! Therefore I need not exhibit my own.



Ah! I pity the ZALIM, his bona fide picture has been clicked by every person of kashmir and now it seems incongrouous if he can ever get rid of his proud tag. And Yes, there is a good news for mothers also. Now there is no need to frighten the children with the fear of 'Khukh' or ' muttoo baba'.

A simple ZOI is scary enough to be frightened of, because 'khukh' was hypothetical while ZOI is practical.!


''Zaalim tu chaahe duniya mein,

Kitna bhi zulm-o-sitam kar ley,

Mazloom ka haami khud Rabb hai,

Iss pe bhi zara tu fikr kar ley''

Tuesday, 3 January 2012

Role Of United Nations In Solving World Conflicts

Guest Post By: Mohammad Yousuf Naqash

The chief of United Nations human rights commission Madam Navi Pillay has discouraged Kashmiri people by her recent statement on Kashmir. In which she said that though United Nations council for human rights is watching and monitoring the situation in Kashmir, it can not order for the commission of inquiry in Kashmir without the consent of Indian government. By saying so she has negated the role of United Nations organization in Kashmir, in respect of ensuring the right to self determination and protecting people from the state terrorism and gross human rights violations perpetrated by Indian forces and state police.

These basic inherent rights have been guaranteed to every human being of the world irrespective of caste, creed, color, sex, religion and region by various United Nations covenants and declarations on human rights like universal declaration of human rights and international bill of rights. World apex body has every right and jurisdiction to enforce these covenants and declarations in letter and spirit in any country and territory where these covenants and declarations are violated, disrespected and denied and no country has the justification to deny the access and intervention of United Nations organization in this regard. United Nations organization came into existence for the welfare of the world humanity i.e establishment of peace, resolution of disputes and protection of the rights of human beings including the peoples, and territories under colonial rule. Above referred responsibilities are the legal and moral obligations of this world apex body as per the United Nations Security Council resolutions and other resolutions passed from time to time. Unfortunately all these resolutions passed and responsibilities of United Nations remained confined to the extent of theory.

The said world body utterly failed in performing its duties towards the human race of the world. Right from day one it has the history of failure and deception given its defective structural formation including prominently the veto power curse to America, Britain, France, Russia and china. These five countries have been dictating and shaping the world affairs as per their respective national interest. One can say it with reason that only these countries have the say in United Nations organization and rest member countries do not have any hold or relevance, in respect of making decisions on world affairs. The unipolar dictatorship of America is another misfortune to the world. This has not only reduced the world body to a mere showpiece, has made it soul less, ineffective and redundant. These five countries including the unipolar dictator America has forced the world to kneel down before their every decision.

These are behaving ruthlessly in pursuing their policy of dictating hegemonic terms and are forcing the decisions on world affairs as per their own interest. The vested interest of these five countries encouraged India, Israel and nations hell bent on subjugating and oppressing the people otherwise India, Israel and other nations are bound to uphold and respect and internal covenants and declarations on human rights as they are all signatories to these international covenants and decisions and is their legal binding, to remain, strictly and seriously stick.

Addressing United Nations general assembly on 20th September 1999 then U.N secretary general Mr. Kofi Anan said that time has come to initiate global debate on the humanitarian intervention. In his address he identified different aspects of armed intervention in resolving future conflicts. while elaborating Mr. Anan said that such interventions are inevitable now in the near future as some nations are bent on criminal behavior and are perpetrating unchecked genocide and whole sale slaughter of civilians in the name of maintaining national soveregnity.He further said that such massacres and brutal acts against civilians are crimes against humanity and violative of international norms meant for peace, stability and prosperity.Mr Anan further said that this developing international norm in favor of intervention will no doubt continue to pose profound challenges to the international community and both national sovereignty and states interpretation of its national interest can be challenged in the interest of humanity What Mr. Anan said was practiced in many nations by the order of these five nations as per their respective national interest. North Atlantic Treaty Organization N.A.T.O with the headship of America took undue advantage of the humanitarian intervention and without any reason attacked and rocked Iraq and Afghanistan, where lakhs of civilians were ruthlessly massacred for their no fault. And where humanitarian intervention was due and based on reason such colonial and repressive states were let free to further deepen the subjugation and trample the humanity.

Humanitarian intervention was badly needed in India and Israel as both rouge countries have subjugated and oppressed the people in Kashmir and Palestine respectively. Is it not the double standard of United Nations Organization which under the complete grip of Veto power countries is not intervening? Where genuinely needed for enforcing, upholding, respecting the objectives of United Nations Organization and is dancing to the tunes of these Veto power countries including unipolar dictator America.

Resuming to United Nations Human Rights Council as defined by its laws, it has the human obligation to raise voice against the Human Rights Violations in any country and has the every power to order for commission of inquiry in this regard. Then why this double double standard in respect of Iraq, Afghanistan, Kashmir, Palestine and North Eastern states of India. World has to change dictatorships need to be dethroned. Either the closure or restructuring and reformation of United Nations Organisation is must and inevitable to make it the representative of whole humanity in real sense, to give it real power in respect of resolving disputes decolonizing the territories, upholding Humanitarian laws.


Author is Chief Patron Islamic Political Party, a constituent of APHC (M)

Monday, 2 January 2012

1st Female Battalion Of Indian Army Goes Pregnant In Held Kashmir

New Delhi- The first battalion of Indian army that actually comprises sex workers, recruited from relight areas across India with the help of RAW and posted as Border Guards in the occupied Kashmir by Indian army in September 2009, with aims to provide “fun” to soldiers in the area who were constantly committing suicide, is now reported to be suffering from some serious medical problems due to unsafe sexual activities while at least 63 out of the total 178 female “soldiers”, posted under Northern Command in September last, are reported t have been tested positive in the pregnancy tests, carried out at military hospitals while many male soldiers have also been diagnosed with serious sex related diseases, reveal the investigations of The Daily Mail.


The Daily Mail’s investigations reveal that the problem started occurring when in the month of December a large number of female “soldiers” started reporting SIQ (Sick-In-Quarter) at different formations with complaints of minute illness like vomiting and headaches. However, as the number of complaints in this direction started rising dramatically, the patients were referred to Military Hospital at Badamibagh cantonment in Srinagar.

At Srinagar’s Military Hospital, after different tests, it was found that the female soldiers sent there from different formations were mostly s uffering from no disease but were found to pregnant while a few others were treated for different unsafe-sex related minor diseases. Captain Dr. Jyoti (name changes on source’s request) of the IAMC (Indian Army Medical Corps), posted at the Military Hospital told The Daily Mail that at least 63 female soldiers, sent to the base hospital from different field units were tested positive in the pregnancy tests. “It was something unusual that these women were found 8 to 10 weeks with pregnancy while they were not sent on leave since their posting some 12 to 14 weeks back. Similarly some other 38 were found having some minor diseases but these were sex related diseases that occur normally due to unsafe sexual activities and thus we reported the matter to the commandant of the hospital who forwarded the same to the high command”, asserted Dr. Jyoti.


The Daily Mail’s findings indicate that the situation rang alarm bells in the Eastern Command’s headquarters where an emergency meeting was held which, apart from others, was attended by Major General Harinder Singh, Commandant of the IAMC of Northern Command. Since the matter was of very serious nature, it was decided in the meeting that was held under the command of the Commander of the 14th corps to bring the matter to the notice of the Army Headquarters at New Delhi. The News arrived at Army Headquarters at New Delhi as a bomb because the headquarter was already suffering from a high profile controversy of land scams and the rift between Army Chief and Commander Eastern Command over the issue was at the peak and Defence Minister was in no mood to give any support to Army Chief Deepak Kapoor.


The Daily Mail’s findings indicate that since the project of posting sex workers in the disguise of female soldiers in Kashmir was initiated by the orders of General Deepak Kapoor without seeking any formal approval from the Defence Minister, the news cam as a big shock as General Kapoor was already at odds with the Defence Minister A.K Antony over the issue of corruption in sale of army lands. Our sources reveal that upon this, Army Chief held a classified meeting with his confidants and aides and also invited Director General of Armed Forces Medical Services Lt. General N.K Parmar. In the meeting, it was decided to dash a team of gynecologists from Delhi to Northern Command to tackle the situation on emergency, yet confidential basis. Upon this, a team of 9 gynecologists from IAMC was sent to Northern Command. The team performed the abortions upon some 56 “soldiers while rest of the 7 were shifted to Udhampur-based military hospital as their ‘cases’ were reported to be bit complicated and required some serious surgeries. The said team of Army Gynecologists, headed by Lt. Colonel. Bharti Sharma, not only treated the patients but also gave them tips to follow the safe sex practices. In the meanwhile, several male soldiers from the same region were also reported SIQ with sex related diseases.


The Daily Mail’s findings indicate that as the situation started worsening, the Army Chief General Kapoor contacted Lt. General. Raj Kumar Karwal, who was the head of the committee which recommended the posting of undercover sex workers in Kashmir to meet the natural requirements of the sex starving male soldiers. Sources reveal that General Karwal told General Kapoor that while following his committee’s recommendations, the recommendations, regarding the provision of safe sex devices like the condoms and educating the soldiers about safe sex practices were not followed at all as the committee had recommended that prior to the posting of sex workers amongst the ranks of soldiers, the soldiers must be provided with precautionary measures and should be given tips regarding the safe sex practices.


Sources revealed that upon this, General Kapoor, who had hopes of a support from Defence Minister Antony in this matter, decided to approach the Home Affairs Minister P Chidambaram. Upon contacting, Chidambaram promised general Kapoor of his all out support.


The Daily Mail’s findings indicate that hiding behind the notion of helping the Paramilitary forces, Chidambaram ordered the Home Affairs Ministry to procure condom making machines to be given to military and paramilitary authorities for installing at remote areas of deployment, particularly along the borders. According to a report, released by Indian’s State news agency Press Trust of India (PTI), Indian Government is procuring more than 1,000 units of condom vending machines to promote safe sex practices among its military and para-military deployed in far flung areas.


The machines, the PTI reports further, for the men of forces like CRPF, CISF, SSB, ITBP, BSF and NSG will be installed at the battalion and sector headquarters of the forces, especially along the borders.

"A total of 1,080 machines are being procured by the Home Ministry. The idea is to promote safe sex practices amongst the soldier who are deployed at far off places for long durations," PTI reports, quoting a senior para-military officer.

The PTI further reports that the Indo-Tibetan Border Police (ITBP) has been appointed as nodal agency by the Home Ministry for procurement of these machines as well as all health related purchase and activities.

“The condoms, to be provided through these machines, have been procured from different companies and would be provided to the soldiers free of cost but on rationing basis every month,” concludes the PTI report.


The Daily Mail’s finding further indicate that the soldier of Indian army, posted in Indian Occupied Kashmir and other border areas of India often indulge into unsafe sexual activities including rapes and prostitution. While the complaints of rapes and gang rapes by Indian soldiers are fairly common in Kashmir valley, the border natives other regions are also constant victims of brutal forced rapes of women by the frustrating Indian soldiers. The female villagers along the either side of Indo-Myanmar border, Indo-Bangladesh border and Indo- Nepal border are often sexually assaulted by Indian soldiers while visiting the prostitution dens and opting for paid, yet unsafe sex is a common practice throughout the Indian Army and at many garrisons, Indian Army High Command has taken stringent measures to curb prostitution and have even displayed sign suggesting a ban on prostitution in the area. However the number of such incident had reached alarming limits and the Indian soldiers got into a severe trauma of sexual and mental frustration due to continuous bans on different recreational facilities by the top authorities and thus they started indulging into suicide practices and killing the colleagues as well. The Daily Mail’s findings indicate that adding to the miseries of soldiers in Kashmir, the Indian Army announced imposing a ban on use of mobile phones by soldiers, posted in the Occupied valley. These findings indicate that senior medical officers of the Indian armed forces believe that just engaging the sex workers under the grab of female soldiers was not enough to rid the soldiers of frustration and mental stress but the use of mobile phone by troops was also a permanent source of stress and strain for the soldiers, deployed in the occupied valley.


“The problem is not the stress in the encounter, the problem is the cell phone and that should be banned,’’ said Lt-General Dipankar Ganguly, speaking on the occasion of the 246th anniversary of the Army Medical Corps
The top General said that cell phones allowed the soldiers to maintain regular contact with their families and get updated on their problems, which led to higher levels of stress among them.
Armed Forces Medical Services Director General Lt-Gen N K Parmar, in his observation, said that the armed forces had taken a number of steps to tackle stress-related issues among the troops.
But, as reported earlier, armed forces continue to grapple with stress-related deaths in the shape of suicide and `fragging’ (to kill a fellow soldiers) cases. In 2008, for instance, there were 151 suicide and four `fragging’ cases in the three Services.
While prolonged deployment in operations in Indian occupied part of J&K and North-East are exacting a heavy toll on the physical endurance and mental health of soldiers, they also undergo tremendous stress for not being able to take care of the problems facing their families back home. The problems could range from property disputes and harassment by anti-social elements to financial and marital problems.


Soldiers, of course, also have to grapple with paltry salaries, lack of basic amenities, ineffectual leadership, humiliation at the hands of their officers, and the constant fear of being accused of human rights violations.


The Daily Mail’s findings further reveal that not just the soldier but a number of Indian Army Officers are working in the institution against their wills but as a bonded labour. These findings indicate that since the Officers sign a bond while joining the army under which they have to pay a huge amount of money to army in case of quitting the job, they do not dare to do so due to poor financial conditions but work with a dead heart after being posted to duties at stations like Kashmir. These findings indicate that even young female commissioned officers are no exception in this direction. These findings indicate that a female officer of the Indian Army committed suicide by shooting herself in Udhampur, headquarter of the army's Northern Command, a couple of years back as she was "dissatisfied and unhappy with her job".

According to police and army officials in Udhampur, about 65 km north of Jammu, the 25-year-old officer Lt. Sushmita Chakravorty of 5071 ASC Battalion went to a guest house near her official quarters on Thursday evening and asked the sentry there for his rifle "as she wanted to get her photo with that".

The unsuspecting sentry handed his weapon and in moments Lt. Chakravorty shot herself with it. She was shifted to the army hospital where she was declared brought dead.

This was the first incident of its kind in Occupied Jammu and Kashmir of a female army officer committing suicide.

The officer's mother Sadhana Chakravorty told media persons in Udhampur that Lt. Chakravorty had "unwillingly joined the army about 10 months ago".

Lt. Chakravorty had returned from two months leave. "I came with her as she was feeling very low," her mother said.

Sadhana told reporters that her daughter had become very short tempered soon after joining army and being posted in Kashmir "disillusioned with her present job". She wanted to quit the army but could not do so as "she had to pay the bond money to the army".

"We had told her that the money could be arranged by selling off the house in Bhopal," Sadhana said. But Lt. Chakravorty did not agree to it "because she was concerned about her younger brother too who had just passed Class 12."


The Daily Mail’s finding that the female membe
rs of the Indian Army have always been serving under very miserable conditions as they are often sexually harassed and abused by seniors at workplaces “in the line of duty.” These findings indicate that in most of the cases the female officers of the Indian army remain silent over the sexual assaults and sexual abuses by seniors because even if they report so, instead getting justice, they are always victimized even loose jobs.

The Daily Mail’s findings further indicate that just in July 2009, an army court martial ordered “dismissal” of a woman officer Captain Poonam Kaur, who a year back had accused her seniors of sexually harassing her, but her allegations were found false.

Kaur , in 2008 alleged that three officers of her unit, the Army Supply Corps (ASC) in Kalka, Haryana had physically and sexually harassed her and confined her illegally when she resisted their advances.

A court of inquiry (COI) had then been ordered to investigate the allegations of physical and mental harassment leveled by Capt Kaur against her superior officers.

She had accused three of her seniors, including her commanding officer, the unit’s second-in-command and adjutant, a Colonel, Lt Col and a Major rank officer respectively, of harassing her over the past few months.

However, in an immediate reaction then, the army had denied the charges.

“The court martial proceedings, which were initiated, against Capt Kaur, in its order at Patiala, have ordered her dismissal from service, which will be subject to confirmation by the Western Command chief, a process which may take two months,” was the official announcement to conclude.



Earlier Published on: The Daily Mail

Sunday, 1 January 2012

Syed Ali Shah Geelani Calls For Sopore Shutdown On Jan 06


Chairman Hurriyat Conference (G) Syed Ali Shah Geelani Saturday called for a shut down in Sopore town against the killing and gutting down the town on
January 6, 1993.

In a statement, Hurriyat spokesperson said that there would be complete shut down on January 6 in Sopore. against the January 6, 1993 “massacre and burning of the town.”

“People will never forget the sacrifices given by the people of Kashmir during on
going freedom struggle,” Geelani said in a statement from New Delhi.


He also said that people of Kashmir condemn the “cruel and brutal tools of the security forces to suppress the freedom movement.”

Meanwhile, Hurriyat (G) General Secretary, Ghulam Nabi Sumji along with other workers of the party said in a statement that a seminar would be conducted on 5 January, 2012, Friday.

He said that the political leaders and intellectuals would highlight the resol
ution of United Nations passed on January 6, 1949, in which they promised the people of Kashmir ‘Right to Self determination’.

He also paid tributes to those people who sacrificed their lives and other dear things in the path of freedom movement.

Saturday, 31 December 2011

2011: Unfortunate, Tragic And Painful


Jammu Kashmir Coalition of Civil Society today reviewed the overall situation in the year 2011 and again termed it as tragic and unfortunate year for Kashmiris. The body provided a detail data and statistics

TOTAL KILLINGS


Year 2011 has just passed, and many have declared this year, a peaceful year in Jammu and Kashmir. Of course, assertions of peace by various quarters are relative. Enforced silence cannot be construed as peace. Despite the hype of peace, people of Jammu and Kashmir have witnessed unabated violence, human rights abuses, denial of civil and political rights, absence of mechanisms of justice, heightened militarization and surveillance. The figures of violent incidents suggest that 2011 as usual has been the year of loss, victimization, mourning and pain for the people, the report said.

The report also said that in 2011, a total of 233 people have lost their lives due to violent incidents in Jammu and Kashmir. Out of 233 persons, 56 were civilians, 100 were alleged militants, 71 armed forces personnel and 6 were unidentified persons and counter insurgent renegades.

Out of the total 56 civilians killed this year, 11 were students, amongst whom 7 were minors. Also amongst the civilians killed 6 were women.

UNMARKED GRAVES AND MASS GRAVES

The body once again raised the issue of mass graves in their brief report and said that this year has been very significant for those struggling against the human rights abuses in Jammu and Kashmir. “It is for the first time a state institution like State Human Rights Commission (SHRC) endorsed the findings of Association of Parents of Disappeared Persons (APDP) and International People’s Tribunal for Human Rights and Justice in Kashmir (IPTK) regarding the presence of unmarked graves and mass graves in north Kashmir, besides acknowledging the possibility of burial of some of the people subjected to enforced disappearances in these unmarked graves and mass graves,” the report added.

So far APDP/IPTK has submitted the prima-facie evidence of 6217 unmarked graves and mass graves in 5 districts; Kupwara, Baramulla, Bandipora, Poonch and Rajouri. While as the SHRC has acknowledged existence of 2156 unmarked graves and mass graves in Kupwara, Baramulla and Bandipora. The SHRC inquiry in Poonch and Rajouri is not yet concluded, the report firther said in its findings.

ENFORCED DISAPPEARANCES

The report also accused state government for not initiating any step to solve the saga of ‘enforced disappearances’, this year APDP submitted a list of 1417 cases of enforced disappearance to the Chief Minister of Jammu and Kashmir and urged the government to inquire into all the cases of enforced disappearances, but so far the government continues to be indifferent.

Enforced Disappearances is not an issue of the past. People have disappeared even in this year. Atleast 2 persons, Susheel Raina of Aishmuqam, Anantnag and Nisar Ahmad Banday of Chechal, Banihal disappeared this year. The government as usual has failed to initiate any conclusive investigation into those who disappeared this year.

Successive governments have given contradictory statements about the total number of people ‘missing’ in Jammu and Kashmir. In 2002, the National Conference government said 3184 persons are ‘missing’, then in 2005 Peoples’ Democratic Party led government claimed 3931 persons were ‘missing’ and in 2009 the present National Conference led government divulged that 3429 persons are missing in Jammu and Kashmir since 1989. In this context APDP on 7th October 2011, applied for information under Jammu and Kashmir Right to Information Act 2009 from the State Home Department for providing all the lists of ‘missing persons’ as claimed by various governments. More than 2 months have passed the state government has failed to provide any information regarding the contradictory figures of ‘missing persons’ divulged by various governments on the floor of Jammu and Kashmir Legislative Assembly.

CUSTODIAL KILLINGS

The JKCCS in its brief report submitted the alleged custodial and extra-judicial killings in the state. “The year 2011 has not been free of custodial killings and fake encounters. 7 persons were allegedly killed in custody. In all the cases of custodial killings, the government has failed to either prosecute or conduct an impartial conclusive investigation. Whether it was the killing of Ashok Kumar, a mentally challenged person who was killed in a fake encounter in Surankote, Poonch or the killing of Nazim Rashid of Sopore who succumbed to custodial torture or the custodial death of ruling National Conference party worker, Mohammad Yousuf, who died after he was handed over by the Chief Minister to the Crime Branch officials, the practice of impunity is consistent. No credible investigations have been carried out, thus creating space for cover ups, which otherwise also is the norm in Jammu and Kashmir” the report said.

JKCCS on 4th August 2011, had filed an RTI application for seeking information regarding the investigations being conducted in the killing of Nazim Rashid of Sopore, but so far the Jammu and Kashmir Police has failed to provide the information.

PROBES AND INQUIRIES


Questioning the probes and inquiries the JKCCS said that in 2011, the government has ordered 8 different probes on various human rights abuses. So far no probe has yet yielded any results, which is nothing unprecedented as even in the past probes have been announced by the government to neutralize the public pressure. From 2003 to 2011, different governments have appointed 151 probes but justice remains elusive.

The report alleged the state government for its non-seriousness and said: “It appears the basic objective of the government to appoint probes is not to convict perpetrators but to only deflate the public anger. If perpetrators would have been punished as a result of meaningful and effective probes in the past, it would have helped in creating deterrence for the recurrence of these crimes. We urge the government to ensure that investigations and probe should not be politically motivated, but aimed at holding the perpetrators accountable.”

KILLINGS OF POLITICAL WORKERS


Condemning the killings of political workers and attack on people’s lives JKCCS expressed its shock and termed the killings unfortunate incidents. The report stated that killings of civilian political workers continue to be an unabated phenomenon. In the year 2011, we have recorded killings of 8 civilian political workers. 4 out of the 8 political workers killed belong to ruling National Conference party, 2 were from Indian National Congress, while as 1 belonged to Peoples’ Democratic Party and Moulvi Showkat Ahmed Ahmed Shah of Jamiat Ahle-Hadith. Killings of civilian political workers at the hands of state or non-state actors, is completely unacceptable. Killing of civilian political workers only creates a culture of intolerance and chokes dissent. It is therefore, JKCCS has been urging all the combatant forces – Indian military forces and the members of United Jehad Council to refrain from killing any civilian political workers.

JKCCS appreciated the speedy probe of death of Molvi Showkat Ahmed Shah. “Somehow government was very quick in probing the death of Molvi Showkat Ahmed Shah, which is a welcome step, but investigations into the killing of 7 other civilian political workers have not yielded any results so far.”

JKCCS demands an impartial and independent investigation into all the killings of civilian political workers. Impartial investigations would help bringing the perpetrators to justice and also act as a deterrent.

SUICIDES AND FRATRICIDES BY ARMED FORCES PERSONNEL


Suicides and fratricides by the personnel of the Indian armed forces, continues to exist as an issue in the year 2011. This year 15 armed forces personnel committed suicides in Jammu and Kashmir due to unknown reasons and another 9 were killed in fratricidal incidents of violence.

TORTURE/HARASSMENTS/ILLEGAL DETENTIONS


The paranoia of government regarding the summer uprising of 2010, was very evident this year in the actions taken by the government. Even in 2011, when there was no apparent street uprising, hundreds of boys were detained on the pretext of being stone pelters. These young boys are subjected to torture, intimidation and harassment. In many police stations boys are illegally being detained; sometimes for few hours and sometimes for few days. Some boys are regularly being called to police stations on one pretext or the other. There is complete disregard towards the juvenility of the boys being detained. This year many minors were arrested on charges of stone pelting.

In some cases people alleged that police officials have been demanding ransom for releasing these boys who were illegally detained in various police stations.

RAPES AND MOLESTATIONS


State Human Rights Commission (SHRC) passed a judgment on the Kunan Poshpora mass rape case of 1991, demanding re-opening of the case and also filing a case against the then Director Prosecutions. It is for the first time a government institution has acknowledged this mass rape incident. It took state 20 years to acknowledge the crime and it isn’t clear how long government will take to convict perpetrators.

This year in Kulgam area of south Kashmir, there was an allegation of rape, where a woman alleged that she was raped for 2 days. The way police conducted investigations into this case and also kept the family literally under house arrest, raised more suspicion against the government.

Fear and social stigma makes it difficult for the victims to report the rape or molestation cases. One such case, by coincidence came into the notice of JKCCS in north Kashmir this year where the rape victim did not want to report her victimization. In the month of February a woman (identity withheld) from north Kashmir was allegedly raped in police custody infront of her husband. The husband was kept under detention as a hostage so that his wife would not report her case. The woman did not want to file complaint as she had no hope of getting justice and also was worried that by filing the case she would endanger her husband’s life.

IMPUNITY

Government of India has been claiming that despite the imposition of AFSPA, mechanisms of justice are functional and deliver whenever anyone is found indulging in human rights abuses, but facts provided by the state institutions this year contradict the claim of the Indian state.

In a reply to an application under Right to Information Act by JKCCS, the State Home Department of the Jammu and Kashmir government on 6thSeptember 2011 claimed that from 1989 to 2011, they have applied for sanctions for prosecution from Ministry of Defence and Ministry of Home Affairs under section 7 of AFSPA in 50 cases only. Out of these 50 cases, 31 pertain to Ministry of Defence and 19 others have been sent to Ministry of Home Affairs.

Within these 50 cases stated to be applied by the State Home Department for sanctions under AFSPA, sanction for prosecution is awaited in 16 cases and declined in 26 cases. The State Home Department claimed sanction for prosecution has been recommended in 8 cases. A deeper study of these 8 cases where the State Home Department says that the status is “recommended”, it appears that the information given is incorrect as the cases according to Defence Ministry are still in the category of “under consideration” or sanction has been declined.

Above facts reveal that the provision of sanctions for prosecution under AFSPA is a fig leaf and the truth is that there is 100% impunity for the soldiers operating in Jammu and Kashmir.

In the context where in Jammu and Kashmir we have more than 8000 cases of enforced disappearances, thousands of cases of custodial killings and fake encounters, thousands of cases of rape and molestation and thousands of cases of torture etc; applying for sanctions for prosecution in only 50 cases speaks volumes about the seriousness shown by the State Government so far for protecting the human rights of people of Jammu and Kashmir.

This year there have been voices raised by politicians regarding the revocation of AFSPA, which is also aimed at generating an impression that human rights violations will end by the revocation of AFSPA. The fact is that Jammu and Kashmir Police has been an equal partner in crimes committed on the people. The Jammu and Kashmir Police personnel also have been responsible for a huge number of human rights abuses.

The armed Village Defence Committees (VDCs), Special Police Officials (SPOs), and the counter insurgent government sponsored militias like Ikhwan have also been responsible for perpetrating heinous crimes. Which law allows the creation of these groups? Which law encourages them to perpetrate human rights abuses? Which law sanctions their impunity? It is the law of lawlessness.

Revocation of AFSPA from some areas would not help in ending the human rights abuses as the sense of immunity in the soldiers is not derived from laws but from the political culture of impunity, for which State Government and the Government of India are largely responsible.

The government should help the processes of justice and help prosecute officials accused of human rights abuses. The mechanisms of justice which have been forced to not function by the government should be empowered to punish the guilty, which would be a meaningful confidence building measure for the people of Jammu and Kashmir.

We urge the Government of India to end the culture of impunity and not just AFSPA from Jammu and Kashmir.

KILLINGS DUE TO UNEXPLODED SHELLS AND LANDMINES


This year 8 persons have lost their lives in explosions, which were caused due to unexploded shells used during counter insurgency operations and 1 out 8 deaths was reported due to landmine explosion.

ROLE OF INSTITUTIONS OF JUSTICE

State Human Rights Commission (SHRC) has tried to assert its existence by passing some very significant judgments this year. Prominent amongst the cases where SHRC passed the judgements was the case of unmarked graves and mass graves in north Kashmir, Kunan Poshpora mass rape case and the plight of prisoners languishing in various jails across Jammu and Kashmir. Besides these judgments SHRC has been actively helping in the cases to provide ex-gratia relief.

Judiciary in Jammu and Kashmir continues to show an abysmal performance and has failed to live up to the expectations of the victims. Amongst the people of Jammu and Kashmir disillusionment regarding judiciary is at its lowest, as it has failed in holding perpetrators accountable. Notwithstanding the powers to protect life and liberty of citizens, judiciary has disappointed people of Jammu and Kashmir. Judicial activism for protecting the civil and political rights and seeking accountability from the state actors is very apparent in India, but it seems to be completely absent in the Jammu and Kashmir judiciary.