Skip to main content

Kashmir rights lawyer who seeks global solidarity to fight 'enforced' disappearances

By Divyansh*

“Agar firdaus bar ru-ye zamin ast
Hamin ast-o hamin ast-o hamin ast”
(If there is heaven on earth
It is this, it is this, it is this!)
The land of Kashmir has always been hailed as a paradise on earth with its beautiful and serene valleys, but behind the veil of scenic landscapes have been a long-lasting struggle of the Kashmiri people, torn between different wars, excessive militarization and constant state of fear and uncertainty. 
Although the history of Kashmir’s political status has been rather complex and can be seen from different political perspectives, one undeniable fact that remains is that the common people of Kashmir have always been on the suffering end.
Parvez Imroz, a human rights lawyer and a civil rights activist who has been continuously working on the issue for more than three decades, born amidst the shadow of these wars and struggle, has been highly involved in various kinds of activism right from the days of his youth.
He chose to become a lawyer with an intent to use the judiciary as a tool to address the difficulties faced by the common people in the early 1980s. However, the situation in Kashmir witnessed a stark unfortunate change when the insurgency broke out in 1989, followed by a prolonged period of continuous armed struggle between the militants and the armed forces.
When the insurgency began in 1989, the Government of India responded to address the situation with heavy military deployment and use of force even against civilian population to exercise utmost control over the region. This resulted in complete domination of armed forces and other related authorities along with a collapse of any civilian authority.
With the imposition of Armed Forces (Jammu and Kashmir) Special Powers Act 1990, Jammu & Kashmir was declared as a disturbed area and any commissioned officer, warrant officer, non-commissioned officer or any other person of equivalent rank in the armed forces started enjoying excessive power and control over the people without much accountability leading towards countless alleged cases of human rights violations.
It was during these critical years that Imroz took upon the work of handling hundreds of grievances of helpless victims, documenting human rights atrocities and offering legal support to those in need. The issues ranged from 8,000+ cases of enforced disappearances, mass rapes to cases of extreme torture, extrajudicial killings and fake encounters.
Operating in a tense, sensitive and highly restrictive environment, Imroz, along with his team formed a human rights group -- Public Commission on Human Rights, that has been an active entity helping in both documentation of human rights violations as well as litigation. Apart from facing immense challenges like non-responsiveness from the govt authorities, Imroz also worked to support, encourage and unite the victims for a collective action against the highly prevalent phenomenon of Enforced Disappearances.
Some people of Kashmir have described Enforced Disappearances as even worse than death because in case of death, at least the relatives know that the person is no more and there is an emotional closure to it, however in case of enforced disappearances the friends and relatives of the victim have to live for years in a state of helplessness and uncertainty with absolutely no knowledge of the whereabouts of their loved ones. 
While working closely with Parveena Ahanger, whose son disappeared after getting detained by armed forces, they formed an Association of Parents of Disappeared Persons (APDP) in 1994, an organization which continues to raise its voice to seek accountability and answers from the government till present date.
While working on these instrumental and critical initiatives, Imroz and his team faced several challenges and even their functioning in the local areas became difficult amidst extreme pressures and a complete denial by the government to cater to the demands of enquiry on different human rights violation cases.
However, as it is said that when the going gets tough, the tough get going, Imroz did not lose hope and actively worked to seek international solidarity and support to put an end to the horrors associated with Enforced Disappearances. Along with some organizations in Philippines and Organization of Parents and Family Members of the Disappeared in Sri Lanka, they formed an Asian Federation Against Involuntary Disappearances (AFAD).
It played a significant role in lobbying at the United Nations for the adoption of the International Convention for the Protection of all Persons against Enforced or Involuntary Disappearances – that stands as one of the most crucial hallmarks for the global struggle against enforced disappearances. It was the result of these efforts that India also signed the convention in 2007 but unfortunately, India has failed to ratify it even after 13 years.
The work done by Imroz is truly prodigious since along with offering legal support to the victims and making contributions as a human rights lawyer, he also took pivotal steps to empower the civil society of Kashmir which had gradually lost its role and importance.
He founded the Jammu Kashmir Coalition of Civil Society (JKCCS) in 2000 during a time when different civil society actors were facing immense harassment and threats from different sources. To understand the gravity of the situation, one should note that it was a time when several human rights defenders, including the prominent ones like Hriday Nath Wanchoo and Jalil Andrabi were killed.
Imroz has also been attacked several times – he was first shot in April 1995 when he was driving back to his home and fortunately, he survived. Then, he was physically assaulted and arrested by police multiple times, his house in Srinagar was also attacked with grenades in 2008.
Despite all these life-threatening instances, he never stopped working towards the cause in which he believed strongly, and it was the hard work and towering determination of Imroz and his team and they were able to discover 7,000+ unmarked mass graves in Kashmir that exist as evidence of the unimaginable atrocities and a dark period in the history of Kashmir.
Mass graves
Imroz strongly believes that documenting human rights abuses, in itself, is a very crucial task as the essence of documenting these atrocities against people is to “institutionalize memory of people against state induced forgetfulness” as well as “employ the memory as a means to conflict resolution and peace-making between and within the states”.
Throughout these years, his work has also been acknowledged by several international organizations which include Human Rights Institute of The Bar of Bordeaux, Bordeaux, France and the European Bar Human Rights Institute when he became the Eleventh recipient of the Ludovic-Trarieux International Human Rights Prize. In 2017, Imroz was awarded with the prestigious Rafto Prize for his efforts to promote human rights.
However, the tragedy of the issue is that despite such gigantic efforts, the government still continues to neglect the issue and not give enough attention to at least acknowledge the problem, let alone take strict actions. In recent years, there has again been a major change in the political status of Kashmir with monumental claims being made by the Indian government about restoring peace in Kashmir.
However, we haven’t reached the day when the government had ratified United Nations Convention Against Torture (UNCAT) along with the International Convention for the Protection of all Persons against Enforced or Involuntary Disappearances. We hope that there comes a day when government showcases enough responsibility to hold the alleged oppressors accountable for their crimes committed in the past.
This is crucial because given the gravity of human rights violations in the past, they cannot be simply forgotten or undone as the pain, suffering and the trauma associated with the past continues to haunt people till today. In contrast, we have seen extensive censorship, increased militarization and internet shutdowns by the government in Kashmir region in recent years. In fact, India has been at the top of the list of highest recorded internet shutdowns in the world from three consecutive years.
Amidst the continuing hard struggle, it is truly noteworthy and laudable to state that people like Imroz continue to showcase unparalleled perseverance and zeal to work for the promotion of human rights with undeterred motivation and a strong belief that no matter how adverse the circumstances become – it is their duty to serve the people and to reach out to the conscience of the conscientious.
---
*Post-graduate student, Indian Institute of Management, Ahmedabad

Comments

TRENDING

Stagnating wages since 2014-15: Economists explain Modi legacy for informal workers

By Our Representative  Real wages have barely risen in India since 2014-15, despite rapid GDP growth. The country’s social security system has also stagnated in this period. The lives of informal workers remain extremely precarious, especially in states like Jharkhand where casual employment is the main source of livelihood for millions. These are some of the findings presented by economists Jean Drèze and Reetika Khera at a press conference convened by the Loktantra Bachao 2024 campaign. 

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. 

'Assault on civic, academic freedom, right to dissent': TISS PhD student's suspension

By Our Representative  The Mumbai-based civil rights group All India Secular Forum (AISF) has said that the suspension of Tata Institute of Social Sciences (TISS) PhD student Ramadas Prini Sivanandan (30) for two years for allegedly indulging in activities which were "not in the interest of the nation" is meant to send out the message that students and educational institutes will be targeted if they don’t align with the agenda and ideology of the ruling regime.  TISS in a notice served to Ramadas has cited that his role in screening the documentary 'Ram Ke Naam' on January 26 as a "mark of dishonour and protest" against the Ram Mandir idol consecration in Ayodhya.  Another incident cited in the notice was Ramadas’ participation in the protest against unfair government policies in Delhi under the banner of the Progressive Students' Forum (PSF)-TISS. TISS alleges the institute's name was "misused", which wrongfully created an impression that

Magnetic, stunning, Protima Bedi 'exposed' malice of sexual repression in society

By Harsh Thakor*  Protima Bedi was born to a baniya businessman and a Bengali mother as Protima Gupta in Delhi in 1949. Her father was a small-time trader, who was thrown out of his family for marrying a dark Bengali women. The theme of her early life was to rebel against traditional bondage. It was extraordinary how Protima underwent a metamorphosis from a conventional convent-educated girl into a freak. On October 12th was her 75th birthday; earlier this year, on August 18th it was her 25th death anniversary.

Bill Gates as funder, author, editor, adviser? Data imperialism: manipulating the metrics

By Dr Amitav Banerjee, MD*  When Mahatma Gandhi on invitation from Buckingham Palace was invited to have tea with King George V, he was asked, “Mr Gandhi, do you think you are properly dressed to meet the King?” Gandhi retorted, “Do not worry about my clothes. The King has enough clothes on for both of us.”

Modi win may force Pak to put Kashmir on backburner, resume trade ties with India

By Salman Rafi Sheikh*  When Narendra Modi returned to power for a second term in India with a landslide victory in 2019, his government acted swiftly. Just months after the election, the Modi government abrogated Article 370 of the Constitution of India. In doing so, it stripped the special constitutional status conferred on Jammu and Kashmir, India’s only Muslim-majority state, and downgraded its status from a state with its own elected assembly to a union territory administered by the central government in Delhi. 

Why it's only Modi ki guarantee, not BJP's, and how Varanasi has seen it up-close

"Development" along Ganga By Rosamma Thomas*  I was in Varanasi in this April, days before polling began for the 2024 Lok Sabha elections. There are huge billboards advertising the Member of Parliament from Varanasi, Prime Minister Narendra Modi. The only image on all these large hoardings is of the PM, against a saffron background. It is as if the very person of Modi is what his party wishes to showcase.

Following the 3000-year old Pharaoh legacy? Poll-eve Surya tilak on Ram Lalla statue

By Sukla Sen  Located at a site called Abu Simbel in Nubia, Upper Egypt, the eponymous rock temples were created in 1244 BCE, under the orders of Pharaoh Ramesses II (1303-1213 BC)... Ramesses II was fond of showcasing his achievements. It was this desire to brag about his victory that led to the planning and eventual construction of the temples (interestingly, historians say that the Battle of Qadesh actually ended in a draw based on the depicted story -- not quite the definitive victory Ramesses II was making it out to be).

Joblessness, saffronisation, corporatisation of education: BJP 'squarely responsible'

Counterview Desk  In an open appeal to youth and students across India, several student and youth organizations from across India have said that the ruling party is squarely accountable for the issues concerning the students and the youth, including expensive education and extensive joblessness.

Poll promises: Political parties 'playing down' need to retrieve and restore adivasi land

By Palla Trinadha Rao*  The Scheduled Tribes population of 10.43 crore constitutes 8.6% of the population in the country inhabiting 26 States and 6 Union Territories. Parliament elections along with Assembly elections in some states have been notified this year.