Skip to main content

"First-ever" UN human rights report on Kashmir calls for international inquiry into "violations" on both sides of LoC

By Our Representative
There is an urgent need to address "past and ongoing human rights violations and abuses" and deliver justice for all people in Kashmir, who for seven decades have "suffered" a conflict that has "claimed or ruined" numerous lives, a report by the UN Human Rights Office -- the first-ever seeking an international inquiry into "multiple violations" in both parts of Kashmir, controlled by Indian and Pakistan -- has said.
Releasing the report on June 14, UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein has said, “The political dimensions of the dispute between India and Pakistan have long been centre-stage, but this is not a conflict frozen in time. It is a conflict that has robbed millions of their basic human rights, and continues to this day to inflict untold suffering.”
Insisting that a political situation in Kashmir must entail "a commitment to end the cycles of violence and ensure accountability for past and current violations and abuses by all parties, and provide redress for victims,” Zeid says, he proposes to urge the UN Human Rights Council to establish a commission of inquiry to conduct a "comprehensive independent international investigation into allegations of human rights violations in Kashmir.”
Talking of "excessive use of force by security forces in Kashmir,” the report regrets that the UN Human Rights Office, despite repeated requests to both India and Pakistan over the past two years, has not been given "unconditional access" to either side of the Line of Control. This led to a situation where it had to do "remote monitoring" to produce the report, covering both the sides.
Especially referring to Jammu & Kashmir (J&K) events starting July 2016 -- when "large and unprecedented demonstrations erupted after Indian security forces killed the leader of an armed group" -- the report blames Indian security forces for using "excessive force that led to unlawful killings and a very high number of injuries."
Citing civil society estimates, the report says, "Up to 145 civilians were killed by the security forces between mid-July 2016 and the end of March 2018, with up to 20 other civilians killed by armed groups in the same period", adding, "One of the most dangerous weapons used against protesters in 2016 – and which is still being employed by security forces – was the pellet-firing shotgun."
It adds, "According to official figures, 17 people were killed by shotgun pellets between July 2016 and August 2017, and 6,221 people were injured by the metal pellets between 2016 and March 2017. Civil society organizations believe that many of them have been partially or completely blinded."
The report notes, the Armed Forces (Jammu and Kashmir) Special Powers Act 1990 (AFSPA) and the Jammu and Kashmir Public Safety Act 1978 (PSA) have “created structures that obstruct the normal course of law, impede accountability and jeopardize the right to remedy for victims of human rights violations.”
Pointing out that the AFSPA prohibits prosecution of security forces personnel unless the Government of India grants prior permission to prosecute, the report says, “This gives security forces virtual immunity against prosecution for any human rights violation." It adds, "In the nearly 28 years that the law has been in force in J&K there has not been a single prosecution of armed forces personnel.”
Referring to what it calls "chronic impunity for sexual violence also remains a key concern in Kashmir", the report refers to "emblematic case is the Kunan-Poshpora mass rape 27 years ago when, according to survivors, soldiers gang-raped 23 women", and yet “attempts to seek justice have been denied and blocked over the years at different levels.”
At the same time, the report says, armed groups operating in Jammu & Kashmir since the late 1980s are equally responsible for "committing "a wide range of human rights abuses, including kidnappings and killings of civilians and sexual violence", adding, despite Pakistan denying any support for these groups, experts have confirmed, its military "continues to support their operations across the Line of Control."
Examining human rights violations in Pakistan-occupied Kashmir (PoK) which are "of a more structural nature", the report says, here, there are restrictions on freedoms of expression, peaceful assembly and association. Pointing out that the situation is not very different in Gilgit-Baltistan, it adds, hundreds of people have been imprisoned in this region under an anti-terrorist law, misused against anyone raising "issues related to people’s human rights."
Asking India to "urgently repeal the AFSPA", the report seeks establishment of "independent, impartial and credible investigations to probe all civilian killings since July 2016", the report seeks "reparations and rehabilitation to all injured individuals and to the families of those killed in the context of security operations."
At the same time, it urges Pakistan to end the misuse of anti-terror legislation to persecute those engaging in peaceful political and civil activities and those who express dissent. Also, it says, PoK's interim constitution should be amended to allow rights to freedoms of expression and opinion, and peaceful assembly and association.

Comments

TRENDING

'Very low rung in quality ladder': Critique of ICMR study on 'sudden deaths' post-2021

By Bhaskaran Raman*  Since about mid-2021, a new phenomenon of extreme concern has been observed throughout the world, including India : unexplained sudden deaths of seemingly healthy and active people, especially youngsters. In the recently concluded Navratri garba celebrations, an unprecedented number of young persons succumbed to heart attack deaths. After a long delay, ICMR (Indian Council for Medical Research) has finally has published a case-control study on sudden deaths among Indians of age 18-45.

SC 'appears to foster' culture of secrecy, does not seek electoral bond details from SBI

By Rosamma Thomas*  In its order of November 2, 2023 on the case of Association for Democratic Reforms vs Union of India contesting constitutional validity of electoral bonds, the Supreme Court directed all political parties to give particulars of the bonds received by them in sealed covers to the Election Commission of India. SC sought that information be updated until September 2023. 

Only 12% of schools RTE compliant: Whither 6% budgetary allocation for education?

By Ambarish Rai* Despite Indian state’s commitment of 6% GDP on education, the Finance Minister completely ignored right to education for children and strengthening implementation of RTE Act which makes education a fundamental right in her budget speech . The Right to Education (RTE) Forum, which is a collective of different stakeholders in education, condemns this neglect of a legal entitlement, which is unconstitutional and demand for overall increase in the budget to ensure improvement in learning outcomes and overall enhancement of quality education.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah*   The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Savarkar in Ahmedabad 'declared' two-nation theory in 1937, Jinnah followed 3 years later

By Our Representative One of the top freedom fighters whom BJP and Prime Minister Narendra Modi revere the most, Vinayak Damodar Savarkar, was also a great supporter of the two nation theory for India, one for Hindus another for Muslims, claims a new expose on the man who is also known to be the original proponent of the concept of Hindutva.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Our Representative Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

'Ambiguous policy': India late in advocating EVs as energy storage in national grid

By Shankar Sharma*  This is regarding the points raised by the Chief Electricity Authority’s (CEA's) advocacy for usage of electrical vehicles (EVs) as energy storage technology, and few associated issues . An objective reading of what he states should reiterate the enormously growing importance of battery energy storage systems (BESS) in our need to transition to a net-zero carbon scenario for the country.

Union Health Ministry, FSSAI 'fail to respond' to NHRC directive on packaged food

By Our Representative  The National Human Rights Commission (NHRC) has expressed deep concern over the adverse health effects caused by packaged foods high in salt, sugar, and saturated fats. Recognizing it as a violation of the Right to Life and Right to Health of Indian citizens, the quasi-judicial body called for a response from the Food Safety and Standards Authority of India (FSSAI) regarding its selection of front-of-pack labels aimed at providing consumers with information to make healthier choices.

Is India emulating west, 'using' anti-terror plank to justify state-supported violence?

Fahad Ahmad, Baljit Nagra*  Prime Minister Justin Trudeau has accused India of being involved in the assassination of Hardeep Singh Nijjar, a Canadian Sikh leader, on Canadian soil. Narendra Modi’s right-wing Hindu nationalist Indian government is defiant and denies involvement. Indian officials have instead admonished Canada for being a “ safe haven ” for Sikh “terrorism,” a pejorative for Sikh self-determination .