This article was co authored by Khushboo Ejaz and Ayesha Jawad
And the right path to take
The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, has expressed serious concerns over the rigid stance of the Indian government over the current situation
After the end of the British Raj, the federalising process in India took a unique turn. It not only seems to be an arrangement of the decentralisation of authority to the provincial governments but also an organisation of integration of the acceding states. Among the acceding states Jammu and Kashmir emerged as a legacy of the British divided sub-continent. In lieu of this maturing of federalism structure Article 370 of Indian constitution grants Jammu and Kashmir a special status. It provides a fairly high degree of autonomy to the state, enables the state to have its own constitution (unique in an Indian context) which permits the state to give some special privileges to its “permanent residents”. One such special privilege is that only a permanent resident can buy land in the state and citizens from other Indian states face some restrictions. This very article provides the bedrock of relations between the Indian government and Jammu and Kashmir.
While looking at the constitution of India, one can see a secular liberal country in practice; however when it comes to keep the sanctity of its very federal, liberal and secular concept one can see the regional giant failing in this context.
Recently the Kashmir conflict in full throttle not only brought implication for the regional stability but also triggered a never ending debate at the international level. Kashmir has erupted into violence recently after a Hizbul Mujahideen commander Burhan Wani was killed by security forces in July this year. This issue has rekindled the dispute; not only regarding the status of Jammu and Kashmir as a conflicted zone for past 69 years but also questioning the Indian government. Clearly and evidently the Indian government has failed to live up to its very ideology of liberalism, especially in managing the recent uprising in Kashmir. Undoubtedly Jammu and Kashmir is an Indian administered area and comes under the Indian legal regime. This way they do come under the protection provided by the Indian constitution to its citizens under Articles 14-32 which provides the corner stone of the Indian ideology and constitution. Right now Kashmiris in India are being deprived of their fundamentals rights such as Right to Equality (Article 14-18), extreme volition in such terms have been seen and witnessed, curfews for longer days and access to the daily life resources is been restricted and somewhat denied. Right to Freedom (Article 19-22), multi banned on the information technology including internet, broadband and mobile service has not only crippled the flow of information but has also cut off the Kashmiris with the rest of the world. Right against exploitation (Article 23-24), exploitation of Kashmiri land by the security forces is evident from various resources. Cultural and educational rights (Articles 29-30), difficulties facing by the civilians in reaching the schools and practicing their cultural rituals is been reported many times. Recent reports have shown that educational institutions have been shut down by the authorities, which not only hamper the basic educational right but also have dented the very liberal approach of Indian constitution. Right to constitutional remedies (Article 32), main political leadership of in held Kashmir is under house arrest and has strict restrictions on their movement. Recent illegal arrest after the prolonged preventive detention of Khurram Pervaiz of Jammu Kashmir Coalition of Civil Society (JKCSS) has not only stirred reaction nationwide but across the globe .
The current violence in the disputed territory has been documented and is viral on media. The United Nations High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, has expressed serious concerns over the rigid stance of the Indian government over the current situation. The UN has long maintained an institutional presence in the contested area between India and Pakistan. However, the current situation in Kashmir and ceasefire violations at LOC escalated tensions between the two nuclear armed neighbours.
Whatever policies and steps taken by the Indian government in Jammu and Kashmir which the Indian authority is justifying under the name of security is not justified under human rights at all. Excessive usage of brutal force in the shape of pallet guns and now replaced by the PAVA chilli bombs has damaged and infected civilians at larger scale. Legally pallet guns are allowed to be used by the government, targeting the lower body, however, Indian security forces have been targeting the upper body particularly eyes. One more thing, that Indian security forces have stopped discriminating between adults and children in the conflict. Another violation on the part of Indian security forces is their involvement in gang rapes.
Pakistan as always been supportive of the Kashmiri people’s struggle and has always worked towards de-escalation of the situation. Nevertheless, this time Pakistan has adopted no back out policy. Prime Minsiter’s Nawaz Sharif’s stance at the UN general assembly session was praised and was considered as the renewal of the Kashmir issue in Pakistan’s foreign policy. Though India under its international obligation has agreed to fully cooperate with the UN in the investigation of the conflict however still no fruitful steps have been taken. International community has shown diverse reactions towards the conflict. US and China has been using careful words considering their economic ties with India, however on the other hand Turkey has backed Pakistan’s request for an inquiry while the Organisation of Islamic Cooperation (OIC) has called for a referendum on the issue of Kashmir’s independence from India. Recent refusal of India to join SAARC summit raises cynical eyebrows and was taken as India’s denial to avoid accountability. Moreover the attitude adopted by Russia and China at BRICS also showed that now the international community wants some solution of this protracted conflict. Undeniably India is involved in genocide in Kashmir and this issue should be taken up by the international community in order to live up to its motto of individual freedom and right of self-determination.