Skip to main content

US rights groups claim 'continued violation' of basic freedoms in J&K since August 2019

By Our Representative 

Top US-based non-profit, Human Rights Watch (HRW), headquartered in New York, and the Washington DC-based Indian diaspora group, Indian American Muslim Council (IAMC), recalling the abrogation of Article 370 three years ago, have taken strong exception to "continued restrictions" on free expression, peaceful assembly, and other basic rights in Jammu and Kashmir.
Claiming that after revoking the region’s special autonomous status on August 5, 2019, the government’s “repressive policies and failure to investigate and prosecute alleged security force abuses have increased insecurity among Kashmiris”, in a statement, HRW said, “The government action was accompanied by serious rights violations including arbitrary detention of hundreds of people, a total communications blackout, and severe restrictions on freedom of movement and peaceful assembly.”
It added, “Since then, the authorities have released many of the detainees and restored the internet, but have intensified their crackdown on media and civil society groups, including through frequent use of counterterrorism and public safety laws.”
HRW said, “The authorities have invoked the Jammu and Kashmir Public Safety Act, as well as terrorism allegations, to conduct raids and arbitrarily detain journalists, activists, and political leaders without evidence and meaningful judicial review. The authorities have also barred several prominent Kashmiris from traveling abroad without providing reasons. Since August 2019, militants have killed at least 118 civilians, including 21 people from minority Hindu and Sikh communities.”
Especially referring to the arrested prominent Kashmiri human rights activist Khurram Parvez in November 2021, HRW said, the charges against him were “politically motivated” under the “abusive counterterrorism law, the Unlawful Activities Prevention Act (UAPA).”
It added, “Parvez, 44, is the programme coordinator of the Jammu and Kashmir Coalition of Civil Society and the chair of the Asian Federation Against Involuntary Disappearances. He has documented cases of enforced disappearances and investigated unmarked graves in Kashmir, and as a result, the Indian authorities have repeatedly targeted him for his human rights work.”
Pointing towards attack on media, HRW said, “Journalists in Kashmir face increasing harassment by security forces, including raids and arbitrary arrests on terrorism charges. Authorities in India have shut down the internet more often than anywhere else in the world. A majority of those shutdowns have been in Kashmir, where they are used to curb protests and access to information.”
It noted, “Since August 2019, at least 35 journalists in Kashmir have faced police interrogation, raids, threats, physical assault, restrictions on freedom of movement, or fabricated criminal cases for their reporting. In June 2020, the government announced a new media policy that made it easier for the authorities to censor news in the region.”
This year, HRW said, the authorities rearrested journalists Fahad Shah, Aasif Sultan, and Sajad Gul “under the Public Safety Act after they had been granted bail separately in other cases filed against them in retaliation for their journalism work.”
It further said, “Since 2019, the security forces have been implicated in numerous abuses including routine harassment and ill-treatment at checkpoints, arbitrary detention, and extrajudicial killings.”
Thus, in March 2021, five UN expert mandates wrote to the Indian government seeking information about the detention of a Kashmiri politician, Waheed Para; the alleged killing in custody of a shopkeeper, Irfan Ahmad Dar; and the enforced disappearance of Naseer Ahmad Wani, a resident of Shopian district.”
The experts, it added, raised concerns about “the repressive measures and broader pattern of systematic infringements of fundamental rights used against the local population, as well as of intimidations, searches, and confiscations committed by national security agents.”
HRW claimed, there has been “no accountability for extrajudicial killings or past killings and abuses by security forces, in part because of the Armed Forces (Special Powers) Act (AFSPA), which gives members of the armed forces effective immunity from prosecution.”
Noting the abuse of Kashmiri Pandits’ human rights, HRW said, not only did “hundreds of thousands” of them were displaced from the Muslim-majority Kashmir Valley “after a spate of attacks by militant groups in 1989-90” with the government failing “to provide for their safe return”, regretting, while the government claims that it has provided government jobs for 5,502 Kashmiri Pandits in the Kashmir Valley, “no Kashmiri Pandit has migrated from this region since 2019”.
Supreme Court in 2018 ruled that Article 370 had acquired the status of being a permanent part of India’s Constitution
In a separate statement, the Indian American Muslim Council (IAMC), blaming Prime Minister Narendra Modi’s "Hindu supremacist government” for revoking Article 370 of the Indian Constitution that gave the region its autonomous status, said, ever since “an already bad situation” has turned “worse”.
“Extrajudicial killings, enforced disappearances, prolonged detention, torture, internet bans, severe restrictions on freedom of movement and peaceful assembly, and other forms of persecution of Kashmir’s eight million Muslims have escalated over the last three years. The fears of the global civil rights community have come true,” IAMC quoted its president Syed Ali as saying.
“The government has tried to whitewash its terrible record of governance in Kashmir by painting a false and rosy picture”, IAMC said, adding, “Kashmiri citizens have suffered unprecedented persecution due to the increased militaristic response to suppress their democratic aspirations since August 2019.”
Stating that “scores of political rights activists and even politicians such as former chief ministers were jailed or put under house arrest. Every voice of dissent is gagged”, it criticized the Supreme Court for “failing to take up the many petitions before it that have challenged the rescinding of its autonomy.”
“The Supreme Court itself had in 2018 ruled that Article 370 had acquired the status of being a permanent part of India’s Constitution and that it cannot be abrogated,” Ali said. “And yet, ever since Modi summarily revoked it just a year later, the Supreme Court has failed to take up challenges to that decision even though it violates the court’s clearcut ruling”, he added.
Ali insisted, the Government of India should immediately free Kashmiri journalists and activists including Fahad Shah, Aasif Sultan, Sajad Gul, and human rights defender Khurram Parvez, arrested in November last year “on false charges of terrorism, as well as hundreds of others who have not even been charged with any crime.”

Comments

TRENDING

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.

How lead petitioner was rendered homeless when GM mustard matter came up in SC

By Rosamma Thomas*  On January 5, 2023, the Supreme Court stayed a December 20, 2022 direction of the Uttarakhand High Court to the Indian Railways and the district administration of Haldwani to use paramilitary forces to evict thousands of poor families occupying land that belonged to the railways.  Justice AS Oka remarked that it was not right to order the bringing in of paramilitary forces. The SC held that even those who had no rights, but were living there for years, needed to be rehabilitated. On December 21, 2022, just as she was getting ready to celebrate Christmas, researcher Aruna Rodrigues was abruptly evicted from her home in Mhow Cantonment, Madhya Pradesh – no eviction notice was served, and nearly 30 Indian Army soldiers bearing arms were part of the eviction process. What is noteworthy in this case is that the records establishing possession of the house date back to 1892 – the title deed with the name of Dr VP Cardoza, Rodrigues’ great grandfather, is dated November 14

Savarkar 'criminally betrayed' Netaji and his INA by siding with the British rulers

By Shamsul Islam* RSS-BJP rulers of India have been trying to show off as great fans of Netaji. But Indians must know what role ideological parents of today's RSS/BJP played against Netaji and Indian National Army (INA). The Hindu Mahasabha and RSS which always had prominent lawyers on their rolls made no attempt to defend the INA accused at Red Fort trials.

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".

Tax buoyancy claims when less than 4% Indian dollar millionaires pay income tax

By Prasanna Mohanty  In FY18, the last year for which disaggregated income tax data is available, only 29,002 ITRs declared income above Rs 5 crore, while Credit Suisse said India had 7.25 lakh dollar millionaires (the wealth equivalent of Rs 8 crore and above) that year. Often enough, the Centre claims that demonetization in 2016 raised tax collections, improved tax efficiency, and expanded the tax base. Now RBI Monetary Policy Committee (MPC) member Ashima Goyal has also joined their ranks, attributing the “claims” of rising tax collections in the current fiscal year to “tax buoyancy” brought by the demonetisation . Do such claims have any basis in official records? The answer is unequivocal. The budget documents show the tax-to-GDP ratio (direct plus indirect tax) increased from 10.6% in FY16 (pre-demonetization) to 11.2% in FY17, remained there in FY18 (demonetization and GST fiscals), and then fell to 9.9% in FY20. In FY22, it improved to 10.8% and is estimated to drop to 10.7% in

Gandhian unease at Mahadev Desai book launch: Sabarmati Ashram may lose free space

By Rajiv Shah  A simmering apprehension has gripped the Gandhians who continue to be trustees of the Sabarmati Ashram: the “limited freedom” to express one’s views under the Modi dispensation still available at the place which Mahatma Gandhi made his home from 1917 to 1930 may soon be taken away. Also known as Harijan Ashram, a meeting held for introducing yet-to-be-released book, “Mahadev Desai: Mahatma Gandhi's Frontline Reporter”, saw speaker and after speaker point towards “narrowing space” in Gujarat for Gandhians (as also others) to express themselves. Penned by veteran journalist Nachiketa Desai, grandson of Mahadev Desai, while the book was planned to be released on January 1 and the meeting saw several prominent personalities, including actor-director Nandita Das, her scholar-mother Varsha Das, British House of Lords member Bhikhu Parekh, among others, speak glowingly about the effort put in for bringing out the book, exchanges between speakers suggested it should be rele

Civil rights leaders allege corporate loot of resources, suppression of democratic rights

By Our Representative  Civil rights activists have alleged, quoting top intelligence officers as also multiple international forensic reports, that recent developments with regard to the Bhima Koregaon and the Citizenship Amendment Act-National Register of Citizens (CAA-NRC) cases suggest, there was "no connection between the Elgaar Parishad event and the Bhima Koregaon violence." Activists of the Campaign Against State Repression (CASR) told a media event at the HKS Surjeet Bhawan, New Delhi, that, despite this, several political prisoners continue to be behind bars on being accused under the anti-terror the draconian Unlawful Activities (Prevention) Act. Addressed by family members of the political prisoners, academics, as well as social activists, it was highlighted how cases were sought to be fabricated against progressive individuals, democratic activists and intellectuals, who spoke out against "corporate loot of Indian resources, suppression of basic democratic

Kerala natural rubber producers 'squeezed', attend to their plight: Govt of India told

By Rosamma Thomas   Babu Joseph, general secretary of the National Federation of Rubber Producers Societies (NFRPS) at a recent discussion at Mahatma Gandhi University, Kottayam, explained that it is high time the Union government paid greater heed to the troubles plaguing the rubber production sector in India – rubber is a strategic product, important for the military establishment and for industry, since natural rubber is still used in the manufacture of tyres for large vehicles and aeroplanes. Synthetic rubber is now quite widespread, but styrene, which is used in making synthetic rubber and plastics, and also butadiene, another major constituent of synthetic rubber, are both hazardous. Prolonged exposure to these even in recycled rubber can cause neurological damage. Kerala produces the bulk of India’s natural rubber. In 2019-20, Kerala’s share in the national production of rubber was over 74%. Over 20% of the gross cropped area in the state is under rubber cultivation, with total

Why no information with Assam state agency about female rhino poaching for a year?

By Nava Thakuria   According to official claims, incidents of poaching related to rhinoceros in various forest reserves of Assam in northeast India have decreased drastically. Brutal laws against the poachers, strengthening of ground staff inside the protected forest areas and increasing public awareness in the fringe localities of national parks and wildlife sanctuaries across the State are the reasons cited for positively impacting the mission to save the one-horned rhinos. Officials records suggest, only two rhinos were poached in Kaziranga National Park and Tiger Reserve since 1 January 2021 till date. The last incident took place probably in the last week of December 2021, as a decomposed carcass of a fully-grown (around 30 years old) female rhino was recovered inside the world-famous forest reserve next month. As the precious horn was missing, for which the gigantic animal was apparently hunted down, it could not be a natural death. Ironically, however, it was not confirmed when

Lack of welfare schemes, BSF curbs force West Bengal farmers to migrate far away

Counteview Desk  In a representation to the National Human Rights Commission chairperson, a senior West Bengal based activist has complained that villagers living near the border with Bangladesh are forced to migrate to as far away as Mumbai and Kerala because of lack of government sensitivity towards their welfare in original villages. Giving specific instances, Kirity Roy, secretary, Banglar Manabadhikar Suraksha Mancha (MASUM), said, if the Border Security Force (BSF) had not put any restriction on agricultural activities, and if villages had properly implemented welfare schemes, these people would never migrate to other States. Text: I want to attract your immediate attention to the inhumane condition of the migrated workers of Gobra village, Swarupnagar Block in North 24 Parganas district of West Bengal to seek your urgent intervention to protect the rights of these people. Gobra is a village situated near the Indo-Bangladesh Border where the border fencing is about 500 meters i