Skip to main content

Address grievances of Kashmiris, stop silencing opposition voices: HRW to GoI

Counterview Desk
Sharply criticizing the Government of India (GoI) decision for revoking the special status granted to Jammu and Kashmir (J&K), one of the world’s topmost rights-based NGOs, Human Rights Watch (HRW), in a statement from New York, has taken strong exception to the manner in which this was done – by refusing to respect the human rights or of everyone, including protesters.
Insisting that this was a “bad start”, HRW said, the measure would, in effect, “eliminate the autonomous status, provided to J&K when it acceded to India seven decades ago, by splitting the province into two separate territories “which will be federally governed, reducing the authority of elected state officials.”

Text 

Indian authorities have adopted measures in anticipation of unrest in J&K state that raise serious human rights concerns. The government announced on August 5, 2019 that it was altering the special constitutional status of the state.
Before making the announcement, the government detained several political leaders, imposed broad restrictions on freedom of movement, and banned public meetings. It also shut down the internet, phone services, and educational institutions. The Indian government should take all necessary steps to ensure that security forces act with restraint.
“The government has a responsibility to ensure security in Kashmir, but that means respecting the human rights of everyone, including protesters,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “The government got off to a bad start by detaining political leaders, banning public meetings, and shutting down the internet.”
The Bharatiya Janata Party-led national government has deployed tens of thousands of additional troops to the region since last week, citing security reasons. The authorities also ordered tourists and Hindu pilgrims to leave J&K because of a “terror threat.” Orders issued to public officials, including hospital staff, caused panic in the predominantly Muslim Kashmir valley, with people stocking up on food and currency, anticipating that services would be shut down.
The government’s decision to revoke special status for the state provided under Article 370 of the Indian constitution prompted condemnation from political leaders in Kashmir and generated tensions in the state. On August 5, Home Minister Amit Shah told parliament that “not all the provisions of Article 370 will now be implemented in J&K.” In effect, these measures eliminate the autonomous status provided to J&K when it acceded to India seven decades ago and splits the province into two separate territories which will be federally governed, reducing the authority of elected state officials.
Kashmir has witnessed a spike in violent protests and militant attacks in recent years. Indian security forces have often used excessive force to respond to protests, including using pellet-firing shotguns as a crowd-control weapon, even though they have caused a large number of protester deaths and injuries. The Indian government should review its crowd-control techniques and rules of engagement, and publicly order the security forces to abide by the United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials.
Indian troops have seldom been held accountable despite serious allegations of human rights violations including extrajudicial killings, torture, and enforced disappearances. The Armed Forces Special Powers Act (AFSPA) gives soldiers effective immunity from prosecution for serious human rights abuses. 
Indian troops have seldom been held accountable despite serious allegations of human rights violations. including extrajudicial killings, enforced disappearances
The government has failed to review or repeal the law, despite repeated recommendations from several government-appointed commissions, UN bodies, and experts, and national and international rights groups. Since the law came into force in Kashmir in 1990, the Indian government has not granted permission to prosecute any security force personnel in civilian courts.
While law enforcement officials have a duty to protect lives and property, they should use nonviolent means as far as possible, only use force when unavoidable and in a proportionate manner, and use lethal force only when absolutely necessary to save lives. 
In July, a report by the Office of the UN High Commissioner for Human Rights raised serious concerns about abuses by security forces in Kashmir. Those included the use of excessive force to respond to protests and the detention of protesters, political dissidents, and other activists on vague grounds for long periods, ignoring regular criminal justice safeguards. The Indian government dismissed the report as a “false and motivated narrative” that ignored “the core issue of cross-border terrorism.”
The Indian government has also repeatedly imposed internet shutdowns in Kashmir, restricting mobile and broadband internet services. There have already been 53 instances of shutdowns in the state in 2019, the largest number in the country. 
In 2017, David Kaye, the UN special rapporteur on freedom of opinion and expression, and Michel Forst, the special rapporteur on human rights defenders, condemned the restrictions on the internet and social media services in J&K, saying they had a “disproportionate impact on the fundamental rights of everyone in Kashmir,” and had the “character of collective punishment.”
“Kashmiris have endured decades of violence and human rights violations, and are yet to be assured of justice,” Ganguly said. “The government should ensure accountability for past abuses and address grievances instead of silencing opposition voices.”

Comments

TRENDING

132 Gujarat citizens, including IIM-A faculty, others declare solidarity with Kashmiris

Counterview Desk
A week after it was floated, 132 activists, academics, students, artists and other concerned citizens of Gujarat, backed by 118 living in different parts of India and the world, have signed a "solidarity letter" supporting the people of Jammu and Kashmir (J&K), who, it claims, have been silenced and held captive in their own land. The signatories include faculty members and scholars of the prestigious Indian Institute of Management-Ahmedabad (IIM-A).

Amit Shah 'wrong': Lack of transparency characterized bank frauds, NPAs, jobs data

Counterview Desk
India's senior RTI activists Nikhil Dey, Anjali Bhardwaj, Venktesh Nayak, Rakesh Reddy Dubbudu, Dr. Shaikh Ghulam Rasool, Pankti Jog and Pradip Pradhan, who are attached with the National Campaign for Peoples' Right to Information (NCPRI), have said that Union home minister Amit Shah's claim that the Government of India is committed to transparency stands in sharp contrast to its actual actions.

Bharat Ratna nominee ‘joined hands’ with British masters to 'crush' Quit India

By Shamsul Islam*
The Quit India Movement (QIM), also known as ‘August Kranti' (August Revolution), was a nation-wide Civil Disobedience Movement for which a call was given on August 7, 1942 by the Bombay session of the All-India Congress Committee. It was to begin on August 9 as per Gandhi's call to 'Do or Die' in his Quit India speech delivered in Bombay at the Gowalia Tank Maidan on August 8. Since then August 9 is celebrated as August Kranti Divas.

Gujarat's incomplete canals: Narmada dam filled up, yet benefits 'won't reach' farmers

By Our Representative
Even as the Gujarat government is making all out efforts to fill up the Sardar Sarovar dam on Narmada river up to the full reservoir level (FRL), a senior farmer rights leader has said the huge reservoir, as of today, remains a “mirage for the farmers of Gujarat”.
In a statement, Sagar Rabari of the Khedut Ekta Manch (KEM), has said that though the dam’s reservoir is being filled up, the canal network remains complete. Quoting latest government figures, he says, meanwhile, the command area of the dam has been reduced from 18,45,000 hectares (ha) to 17,92,000 ha.
“According to the website of the Sardar Sarovar Narmada Nigam Ltd, which was last updated on Friday, while the main canal, of 458 km long, has been completed, 144 km of ranch canals out of the proposed length of 2731 km remain incomplete.
Then, as against the targeted 4,569 km distributaries, 4,347 km have been constructed, suggesting work for 222 km is still pending. And of the 15,670 km of minor canal…

Ceramic worker dies: 20,000 workers in Thangadh, Gujarat, 'risk' deadly silicosis

By Our Representative
Even as the country was busy preparing for the Janmashtami festival on Saturday, Hareshbhai, a 46-year-old ceramic worker from suffering from the fatal lung disease silicosis, passed away. He worked in a ceramic unit in Thangadh in Surendranagar district of Gujarat from 2000 to 2016.
Hareshbhai was diagnosed with the disease by the GCS Medical College, Naroda Road, Ahmedabad in 2014. He was found to be suffering from progressive massive fibrosis. He is left behind by his wife Rekha sister and two sons Deepak (18) and Umesh (12),
The death of Hareshbhai, says Jagdish Patel of the health rights group Peoples Training and Research Centre (PTRC), suggests that silicosis, an occupational disease, can be prevented but not cured, and the Factory Act has sufficient provisions to prevent this.
According to Patel, the pottery industry in the industrial town of Thangadh has evolved for a long time and locals as well as migrant workers are employed here. There are abou…