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Kashmir: No rights, only wrongs 

The Indian response to strife and rebellion is rhetoric and more.  When Kashmiris want more rights, India does more wrongs.  When Indian and international human rights bodies decree India for human rights abuse in the valley, India retaliates with, “Kashmir is an integral part of India and any interference of any kind by any one will not be tolerated.” When India is reminded of its international commitment, the Indian response is “the times have changed.”

In the last few weeks, the Indian public has seen Kashmir burning.  The Indian public has become immune to such scenarios.  Indians have become immune to pain and suffering.  The mangled bodies after accidents, lynching of people in the name of religion, the average India “couldn’t care less.”

No problem, least of all the Kashmir issue can be handled as a law and order problem.  In a larger sense it is a human rights issue and in a bigger sense it is a political dispute which should be handled in the spirit of conflict resolution with as less bloodshed as possible.  If the state refuses to see reason and the if the state continues to deny the basic right of self determination to people who are seeking self-rule, there is no doubt that we are sitting on another bloody battle in the days, months and years to come.

Kashmir has seen arbitrary arrests, torture, rape and extrajudicial killings. It has also seen state sponsored attacks on the people including the killings of Sophore and Chittisingpora.  The vigilante groups have spread mayhem and murder to justify the state’s acts of omission and commission.

The Indian Human Rights Commission has no jurisdiction over the acts of the army and the paramilitary.  The UN Special Rapporteur on Torture, Amnesty International, Human Rights Watch and other human rights organizations are denied access to the Kashmir valley.  The iron curtain is complete. 

For the first time in the history of the UN, the UN Human Rights Council introduced the system of Universal Periodic Review and India was one of the 192 countries to be subjected to the scrutiny of enquiring nations.

The international community was more concerned about gay rights in India rather than the basic right to life. At the recent appraisal of India’s human rights record at the UN Human Rights Council, Sweden wanted to know when India would amend the IPC to protect gays.  Soon after, in a few days, the Indian Health Minister, Mr. Ramadoss responded that India should protect gay rights.

The United States, UK, Saudi Arabia and Bangladesh ended up asking questions about anti-conversion laws and the communal violence bill, but did not touch upon Kashmir at all.

Almost to the day, we are into the 50th year of the Armed Forces Special Powers Act, 1958. Kashmir and the north east (in between Punjab as well) has borne the brunt of the attack which grants sweeping powers to the armed forces to detain, maim and kill anybody and everybody.

Kashmir faces an acute shortage of food and medicine.  The international community, save New Zealand is in the grip of Indo-US Nuclear deal euphoria, with the killings of people in Kashmir finding the wrong explanation in the media and no succour from any quarter.

In such a situation, no authority, big or small has the right to pontificate peace and patriotism. The rights of the people are more important. Sacrificing the rights of the Kashmiris, merely because the right wing forces are able to foment trouble in Jammu is a time tested tactic and should be abandoned with the condescension it deserves.

In an atmosphere or impunity from law and immunity to pain and sufferings, the valley of Kashmir and the people of Kashmir have a long and uphill task to struggle and gain their legitimate civil and political rights.

20 August, 2008
 

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