In­dian de­sign to dent Kash­miris strug­gle for self-de­ter­mi­na­tion

Pakistan Observer - - KASHMIR - [Writer is se­nior leader of Par­ties Hur­riyat Con­fer­ence] All


AR­TI­CLE 1 of the in­ter­na­tional covenant on civil and po­lit­i­cal rights (ICCPR) and ar­ti­cle 1 of the in­ter­na­tional covenant on eco­nomic, so­cial and cul­tural rights (ICESCR) state , “All peo­ple have the right to self de­ter­mi­na­tion by virtue of that they freely de­ter­mine their po­lit­i­cal sta­tus and freely pur­sue their eco­nomic ,so­cial and cul­tural de­vel­op­ment .”

Ar­ti­cle 1 (2) of the UN char­ter states to de­velop friendly re­la­tions among na­tions based on re­spect of prin­ci­ple of equal rights and self de­ter­mi­na­tion of peo­ple and to other ap­pro­pri­ate ma­jors to strength univer­sal peace.” Res­o­lu­tion 1514 of the UN Gen­eral assem­bly (dec­la­ra­tion of grant­ing of in­de­pen­dence to colo­nial coun­tries and peo­ples) reads: The sub­jec­tion of peo­ples to alien sub­ju­ga­tion , dom­i­na­tion and ex­ploita­tion con­sti­tutes a de­nial of fun­da­men­tal hu­man rights ,is con­trary to the char­ter of the united na­tions and is im­ped­i­ment to the pro­mo­tion of world peace and co­op­er­a­tion

Kash­mir is the strong­est for self de­ter­mi­na­tion which has never the less been de­nied. As we know, the self de­ter­mi­na­tion of peo­ple is the ba­sic prin­ci­ple of UN char­ter which has been reaf­firmed in the univer­sal dec­la­ra­tion of hu­man rights and ap­plied count­less times to the set­tle­ments of in­ter­na­tional disputes.

The ap­pli­ca­bil­ity of the prin­ci­ples of the spe­cific case of Jammu and Kash­mir has been rec­og­nized by United Na- tion .It was up­held equally by In­dia and Pak­istan when the Kash­mir dis­pute was brought to UN Se­cu­rity Coun­cil.”

How­ever In­dian de­nial has led to a regime of hu­man rights vi­o­la­tions in In­dian oc­cu­pied Kash­mir. In­dian government has en­acted dra­co­nian leg­is­la­tion on the pretext of pro­tect­ing the lo­cal pop­u­la­tion, but this law has been ma­jor cause of hu­man rights vi­o­la­tions in In­dian oc­cu­pied Kash­mir. This law has been mis­used se­verely and as earned in­ter­na­tional con­dem­na­tion from all In­ter­na­tional hu­man rights watches dogs and United Na­tions spe­cial pro­ce­dures.

It has been a stand­ing op­er­a­tion pro­ce­dure of the In­dian army from last 26year, to as­sault in­no­cent peo­ple dur­ing siege and search op­er­a­tions, tor­tured and sum­mar­ily ex­e­cuted de­tainees in cus­tody and mur­dered civil­ians in reprisal at­tacks. Rape and mo­lesta­tion has been reg­u­larly used as a means to “pun­ish and hu­mil­i­ate” com­mu­ni­ties. Armed Forces Spe­cial Pow­ers Act is not the only law that pro­vides for ‘law­less­ness’ in Jammu and Kash­mir.

The un­pro­voked and in­dis­crim­i­nate fir­ing and use of brute force by the In­dian army in Hand­wara and Kup­wara on 12th April 2016, and 14th and 15th of April 2016 re­spec­tively, which caused the death to five per­sons in­clud­ing 4 youth and a 50year old lady. These in­ci­dent took place when a solider of 21RR (Ras­triya Raf­fles) try to mo­lester a teenage girl in a pub­lic wash­room in Hun­dawar town af­ter school hours.

Nay­eem Qadir Bhat son of Ghu­lam Qadir Bhat 21 a star crick­eter Iqbal Fa­rooq Peer son of Fa­rooq Ahmed peer of Kup­wara dis­trict on 15th of April.

The mi­nor girl was de­tained by po­lice and on the same day a video was re­leased of the mi­nor girl ex­on­er­at­ing He was ac­com­pa­nied by his brother. Since then his where­abouts are not known. The fam­ily has been de­nied ac­cess to both the mi­nor girl and her fa­ther.( Now re­leased af­ter high court or­ders ) The de­ten­tion of the mi­nor girl and her fa­ther are out­side the pow­ers of the State and ap­pears to be an at­tempt to fur­ther pres­sur­ize the fam­ily to with­draw all al­le­ga­tions against the armed forces. Fur­ther, the man­ner in which the video has been recorded and then cir­cu­lated is a gross vi­o­la­tion of the spe­cial pro­tec­tions af­forded to mi­nors par­tic­u­larly dur­ing in­ves­ti­ga­tion of sex­ual as­sault cases.

The ac­tions of the po­lice and the army would nec­es­sar­ily in­vite crim­i­nal pros­e­cu­tion if in­ves­ti­gated. The State un­der the garb of law and or­der is en­sur­ing that all ac­cess to the fam­ily of the vic­tim is de­nied so as to en­sure pro­tec­tion to the armed forces per­son­nel and seek to fur­ther dis­tract from the crimes that have been com­mit­ted – from the sex­ual as­sault to the killings.

Ear­lier on 12th of April 2016 two stu­dents, Mrs Shaista Hameed 21 and Dan­ish Fa­rooq were killed due to the in­dis­crim­i­nate fir­ing of In­dian army in Kak­pora area of Pul­wam dis­trict.

Ac­cord­ing to of­fi­cial fig­ures 202 peo­ple re­ceived in­juries dur­ing the first 4 months of 2016 due ex­ces­sive use of force and live am­mu­ni­tion on the peace­ful assem­blies of peo­ple. It is the re­spon­si­bil­ity of states to take bet­ter pro­tec­tion steps to pro­tect right to life dur­ing protests. In­dian army not only uses live am­mu­ni­tion but also other lethal weapons like pep­per gas pel­lets guns to dis­perse peace­ful protests , which has cause huge loss of life and life time hand­i­cap to count­less peo­ple

Ac­cord­ing to the book, ‘Kash­mir’s Scars of Pel­let Gun’ by Manan Bukhari, Kash­mir has had more than 1,500 pel­let vic­tims since 2010. Around 70 per­cent vic­tims have eye in­juries. Only 30 per­cent vic­tims re­ceived in­juries in other parts of the body. In­dian state has failed to pro­vide jus­tice to the vic­tims of all hu­man rights vi­o­la­tions, be it tor­ture, en­forced dis­ap­pear­ance, rape, ex­tra ju­di­cial and sum­mary ex­e­cu­tion and ar­bi­trary de­ten­tions.

The sit­u­a­tion seeks ur­gent and im­me­di­ate in­ter­ven­tion of the United Na­tions hu­man rights coun­cil. Kash­mir re­mains on the agenda of the United Na­tions as one of the old disputes , it the moral and le­gal obli­ga­tion of United Na­tions to pro­tect life and dig­nity of peo­ple of Kash­mir by cre­at­ing con­ducive at­mos­phere for the im­ple­men­ta­tion of UN res­o­lu­tions on Jammu and Kash­mir call­ing for free and fair plebiscite to de­cide their po­lit­i­cal fu­ture.—Email

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