HUMAN

Vol. 9No. 4

J&K

www.humanrightsjournal.com

Perspective

RIGHTS
July-August, 2011
Kashmir problem since then. Nehru's relationship with Kashmir visa-vis Jammu From 1949 to 1952, I had several meetings with Nehru in which, inter alia, I urged appreciation of secular character of urges of Jammu, and for constitutional and institutional arrangement for satisfaction of its regional aspirations. Nehru felt that making Maharaja the constitutional head of the State would assuage the feeling of political discontent in Jammu. But that position was ceremonial in nature, and had no real power. Also, Maharaja could not, for obvious reasons, provide popular leadership to the region and, indeed, his presence would inhibit growth of any political leadership. I submitted that what Jammu needed was not a psychological illusion but tangible and institutional arrangement for the purpose. Nehru appreciated the line of reasoning and anomaly of the situation. But he averred that Hari Singh-Abdullah cart represented a sort of "stable instability." That the cart proved more unstable than stable became evident when Maharaja had to abdicate on May 25, 1949. In my meeting with Nehru on April 14, 1952, I reminded him in a written note that, "greatest internal problem of the state is to maintain cordial relations between its constituent units." I demanded regional autonomy for this objective. On the eve of the Delhi Agreement between Nehru and Abdullah, I argued in my meeting with Nehru on July 15 1952, that in his talks with Kashmiri leaders whatever status agreement was arrived
(Contd. on page 6)

Bimonthly Review of Jammu and Kashmir Affairs with Human Rights Perspective

Kashmir Problem is Nehru's Special Gift: Advani

enior most BJP leader Lal Krishan Advani slammed Jawaharlal Nehru's family "whose lack of courage led to Kashmir issue remaining unresolved." In his blog, he also criticized the late Chief Minister, then called Prime Minister of Jammu and Kashmir, Sheikh Abdullah, whose ambition to be the leader of an independent Kashmir, the BJP leader said, contributed to the issue. According to Advani, India had two opportunities to settle the issue once and for all-one in 1947, when Nehru ruled the country and the other in 1971, when his daughter Indira Gandhi was at the helm of the affairs. "Kashmir problem is Nehru's special gift to the nation," he wrote. Political generalizations are always a hazardous task. Who could, for instance, have predicted that a Hindu ruler of a Muslim-majority state of princely states of India would opt to accede to India at the time of the Partition of the subcontinent into two countries of India and Pakistan in 1947? And that an attack by Muslim tribes of Pakistan would be so resolutely opposed by overwhelming Muslim population of Kashmir? Indeed, Mahatama Gandhi saw a ray of light in the blighted subcontinent at its darkest hour. Nehru had cultivated people of Kashmir over decades. He fell in love with the beautiful Kashmir, a love that was adequately reciprocated. By championing the cause of self-rule of Kashmiri Muslims against rule of outsidersMughal, Afghan, Sikh and Dogra rulersextending to 400 years, Nehru established the principle that sovereignty belonged to the people and not the rulers, as announced by the British rulers while granting independence to India. India, thus, established superiority of

its moral and political case during the crucial Cold War era-the positive effects of which can still be seen. In world politics, the Indian stance was the most tangible gain for forces of moral principles. India under Nehru's leadership aspired to alter the rules of the game, and move ahead of what were so far considered to be more powerful or, richer or more prosperous nations. What has the recent change in the rules of the game in Indian foreign policy meant? Who has gained? A nation that establishes a higher rate of growth, and has acquired more powerful weapons of destruction? And is, apparently, more influential in world affairs? Are these new rules more humane, noble, moral, and civilized? Unless they are settled, it is difficult to say which have performed better? Let us leave these questions to the judgment of history. Nehru's political vision and Kashmir Nehru led India when values and system were fast changing. Feudal age, gave away to capitalist liberalism. He realized the importance of egalitarian urges of the people and in 1955 the Congress party, which he led, adopted socialistic pattern of society as its objective. Nehru succeeded in getting the accession of all the three disputed princely states-Hyderabad, Junagarh and Kashmir-to India with full legally and moral validity. For it had the support of the rulers, who had the legal authority to do so, as well as the peoples of these states. The alternative approach of the Hindu revisionists, who tried to exchange Hyderabad with Kashmir, would have made India much weaker. Many complications have been added to

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July-August, 2011 Reviewed by Muhammad Ali Siddiqi

BOOK

REVIEW

Non-Fiction: The human angle of the Kashmir story

ACROSS THE LOC: Inside Pakistan-Administered Jammu and Kashmir By Luv Puri Penguin Books India Pages: 156 Price: Rs 350 came to the Jammu region and failed to control the situation when the people rose in revolt against the maharajas army and Pakistani tribesmen came to their aid after the Muslim community suffered appalling atrocities. The revolt then spread to Mirpur, Kotli and other towns, and soldiers of the state army rebelled. The fate of women abducted, raped or forced to marry, the trauma of the children when mothers succeeded in escaping to the other side, local heroes and villains, and the enormous responsibilities that fell on the governments of the two newlyfreed countries, especially Pakistan, to look after the refugees constitute the untold story of the Kashmir drama. The pattern of migration or flight in Kashmir was different from that in Pakistan and India. In the two countries, millions fled both ways in one big stampede. In Kashmir it has been a steady phenomenon continuing for decades, each war adding to the number of the displaced. Azad Kashmirs internal situation the dissensions within the liberation movement, the problem in government formation on this side of the LoC, and the human development indices give us facts hitherto unknown to the lay reader. Puris research gives us an insight into the unique phenomenon that is the Mirpur diaspora. One fact must surprise all: thanks to home remittances, the living standard of the people of Azad Kashmir is higher than not only that of Kashmiris in occupied territory but also than that of the people of Pakistan itself. While the implications of the constitutional relationship imposed on the Indian part of the Himalayan state the abolition of Jammu and Kashmirs special status by the Shastri government and the change in nomenclature from Sadr-i-Riyasat and prime minister to governor and chief minister are all well known, the constitutional relationship between Pakistan and Azad Kashmir and the change from the Ayub periods electoral college system to direct adult franchise when Bhutto came to power is less known. While narrating the events leading to Kashmirs status, the author makes one big omission: the book doesnt mention the stand-still agreement signed between Pakistan and the maharaja. This agreement by the de jure maharaja gave Pakistan the right to run railways and postal services, and Pakistans flag flew in Srinagar. The basis of Pakistans case rests legally on this instrument of accession signed by a de jure ruler; the moral case is, of course, based on the several UN resolutions which call for a reference to the people of Kashmir. Across the LoC looks at the Kashmiri phenomenon from a basically nongeopolitical angle, and the economic, demographic and geographical details add to its value. (Courtesy: Dawn, Karachi)

nlike many other books on Kashmir, Luv Puris Across the LoC: Inside PakistanAdministered Jammu and Kashmir, concentrates on the socio-economic side of the 63-year-old dispute, touching upon the geopolitical part of the story only briefly to provide perspective. The focus of the book is on matters which to a student of geopolitics would appear peripheral, but which deserve to be highlighted as they have been lost in the vast volume of diplomatic literature which examines Kashmir as a dispute between Pakistan and India. Puri dwells at length on the ethnic, geographical and religious diversity of Kashmir, and the factions and subfactions which not only cut across the Line of Control but also exist within Indiaheld territory and Azad Kashmir. The author, being Indian, calls Azad Kashmir Pakistan-administered Jammu and Kashmir. Astonishing as it appears, regional loyalties had a profound bearing on the tragedy of Kashmir and on the Jammu revolt, which ignited the war. The majority of the British armys Kashmiri soldiers were from Poonch and Mirpur, and the people, both Hindu and Muslim, were loyal to the local raja. There was an angry Muslim reaction to the maharajas decision to dismiss the local raja, who, the former thought, was not doing enough to de-weaponise the Jammu Muslims. The maharaja also imposed new taxes on the region. Surprisingly, the tiger of Kashmir, Sheikh Abdullah, had no teeth when it

5000 Years of Kashmir and Challenges Ahead

The above title was published in 1997. All its editions, in all languages, soon ran out of print. We are publishing a new edition of the same. Contributors to the earlier version, who feel their articles need to be updated, are requested to contact us with proposed modifications, which we will try accommodate to the extent possible.
Balraj Puri Director, Institute of Jammu and Kashmir Affairs, Karan Nagar, Jammu. 180005. Mobile: 09419102055

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J&K HUMAN RIGHTS Perspective

July-August, 2011

Troika of Dogri Poets

ash Sharma's death provides an opportunity to talk of the three stalwarts of the Dogri literature-Deep, Madhukar and Yash. Yash Sharma-the youngest Yash died when he had started getting recognition nationally and internationally, after being neglected for years by those who had become the custodians of Dogri. His death is personal shock for me, as he was my oldest friend. I could not attend his funeral or condolence meeting, where glowering tributes were paid to him, on account of my illness. The consolation was that his daughter, his son-in-law, and his grandson, visited me the day after his death to share their grief. Yash was the youngest member of the troika. He outlived the other two. He was by now recognized as the icon of Dogri poets, of whom he was the seniormost member, He acquired an iconic status as a Dogri poet at the fag end of his life. In January last year, he was among the four persons honoured by the Governor Shri N N Vohra for their contribution to Dogri. Some time back, Sahitya Akademi had organized "Meet the Writer" programme, perhaps for the first time for a Dogri litterateur, in his honour. Earlier, a cassette titled Journey of a Virgin River (Tawi) was released by the Vice Chancellor of Jammu University. The translation was done by his talented son-in-law, Anil Sehgal. The audience was regaled by recital of his songs by his equally talented daughter, Seema Sehgal. A few months before that, a cassette of his selected songs, sung again by Seema, was released in Singapore. Yash started his literary career over sixty years ago. He became a literary legend at the end of his life. However, it was not always so. I was shocked to learn that when he submitted his book to the State Academy for a grant to publish it, the

reviewers had rejected the application with as comment that "literary value of this book is zero." A particular literary work might not come up to the standard deserving subsidized grant, but to call its value zero betrays sheer prejudice. I had the privilege of getting this stigma corrected. When I was a member of the jury to recommend award for Dogri books by the Sahitya Academy, I judged all books that had been submitted as objectively as possible, and came to an honest conclusion that Yash deserved the award. Other two Dogri stalwarts: Deep and Madhukar I also tried to introduce the two other members of the troika, Ved Pal Deep and Kehar Singh Madhukar, to nonDogri knowing literary circles through articles in English journals. I wrote an article on Madhukar-A Poet of Hope-for an English journal, Kashmir, published by the Publications Division of Information and Broadcasting Ministry of Government of India. Madhukar insisted that I write the introductions to most of his books. Unfortunately, he died very young and his full talent could not get proper expression and recognition. Deep, younger to me, was my colleague in the Student Union that I formed in 1946. Later he joined Marxist parties, starting from CPI moving on to CPM, and eventually the Democratic Party (closer to CPIML). Despite our ideological differences, he remained a friend. I translated a number of his poems into English for the Sahitya Academy journal, which were also reproduced in English newspapers. Deep's best poem, in my view, was Yatra. It is an eloquent expression of the frustration he felt at the end of his life. He described his journey through life in typical Dogra landscape, at the end of which he finds no signs of the destination in search of which he had

undertaken the arduous journey. However, sadly, he finds the return journey equally difficult. Deep's party took him to task for propagating a message of frustration through this poem. He withdrew his poem, which now is unavailable anywhere. Unfortunately, he got into serious depression. I advised him to go to Chandigarh, where his uncle was principal of a college, to get proper treatment at PGI, the premier medical institute of the region. In the meantime, I called him to my residence and asked him to unburden his mind by telling me truthfully all his disappointments and complaints. He told him how everybody, including his party and the person for whom he was working for his living, had been exploiting him. After an hour, he told me that his depression was cured seventy percent. Our sessions could not repeated and he died due to certain physical ailments, for which he could not get proper treatment. I, along with many of their admirers, pray that the name of the troika of which Yash Sharma was a part, remains etched in public memory for the contributions they made to Dogri literature. Balraj Puri

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J&K HUMAN RIGHTS Perspective

July-August, 2011

HUMAN RIGHTS UPDATE

Incidents of human rights violations given below are such specimen in which victims are innocent civilians, whosoever be responsible for the violations.

Sopore youth dies in police custody

3 cops suspended, DSP attached; 6 injured in clashes
Srinagar, July 31: A 28-year-old shopkeeper was allegedly tortured to death in police custody in north Kashmir's Sopore town on Sunday. The family members of Nazim Rashid said their son was picked up by the police's Special Operation Group (SOG) and army on Saturday afternoon for questioning in connection with the killing of a civilian in the area. "The SOG along with army knocked our door and asked for Nazim. I told them he is in his shop. They asked me that they want to pick him up for tentative questioning in connection with a killing. I resisted, but they told me they would be releasing him soon. Then they whisked him away to the local town hall," father of the deceased, Abdul Rashid Shalla told Greater Kashmir. "After two hours I called the local army officer who was accompanying the SOG men. He told me he has handed Nazim to SOG personnel who were interrogating him. He told me that my son was being interrogated in presence of a top cop. I could listen to the screams of my son that time. Later the army officer handed over the phone to some SOG personnel. They threatened me and asked me to get the mobile of Nazim. I told him I am at home and it would take time to reach there. They told me that their boss doesn't like later comers and has no time to listen to excuse," he added. Shalla has served in police department as an Inspector. "Today I came to know through journalists that Nazim has died in police custody," he said." They did not hand over the body. They have conducted the postmortem in presence of a magistrate," he said. Nazim alias Anjum was a resident of Alamdr Colony of Krankshiven locality and owned a provision store there. Visible torture marks Shalla said that he saw the body and there were visible marks of torture. "His body was swollen since they forcibly fed him buckets of water. His belly was swollen and there were visible marks of torture on his body," he said. "Allah never show a father the body of his son in such a condition. I am shattered," he screamed. His words were echoed by a government official who was present at the time of post mortem. "The body is swollen and torture marks can be seen on the body," the official said, pleading anonymity. "The factual cause could be found after the autopsy report comes." Govt. Initiates Action The government said the in-charge of the Police Component Sopore, Guard Commander and Sentry have been placed under suspension. The Deputy Superintendent Operations (DSP) Sopore has been attached. "Further action shall be taken based on the medical report and the findings of the Magistrate," a government spokesman said in a statement. It further reads that the District Magistrate has appointed a board of doctors and initiated proceedings under section 176 CrPC as provided under law in such cases. "A case of custodial killing under Section 302-RPC has also been registered," it added. The government said Nazim was arrested yesterday in the killing of Ashraf Dar, based on the statements of local witnesses, the family and technical evidence. "He died during the intervening night while still under arrest," the government handout read. The decisions were taken in a meeting convened by the Minister of State for Home, Nasir Aslam Wani, Principal Secretary Home, B R Sharma, DGP, Kuldeep Khoda, IGP Kashmir Zone, S.M. Sahai and other senior police and civil officers participated in the meet. Protests, clashes At least six people were injured after clashes erupted between protesters and forces against the custodial killing. Hundreds of people from Krankshivan Colony, Alamdar Colony, Baba Raza, Bagh-e-Gulshan, Al Kounsar Mohalla and adjoining localities took to streets and staged pro-freedom and anti-India demonstrations. They were shouting pro-freedom, antiIndia and anti-police slogans. "We want freedom," the protesters shouted. As they tried to take out a march, the CRPF and police deployed in strength there swung into action. They fired tear gas canisters and cane charged the protesters. The angry protesters retaliated by pelting stones. The residents said six youth suffered minor injuries. The police said Nazim was picked up for questioning in connection with the killing of a laborer, Muhammad Ashraf Dar of Chankhan on Wednesday evening. "He was with the militants when Ashraf was shot dead," a police officer said. However, the family refutes the claims. "Nazim had gone out of the house to recharge his mobile connection. Accidentally, he met Ashraf on his way to the shop. Ashraf had picked up house hold items worth Rs 847 from his shop and not paid" Shalla said. "The moment he met Ashraf and asked for money, a man appeared there and opened fire. Ashraf fell on the spot while as Nazim fled as the assailants also shot towards him to scare him away." The distraught father said that Nazim told him them the whole story the moment the arrived home that day. "He fell unconscious, "Shalla said. "You tell me what was his sin? Why they killed him
(Contd. on page 5)

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J&K HUMAN RIGHTS Perspective

July-August, 2011

Human Rights Update...

(Contd. from page 4)

brutally." Sopore Tense The police wearing riot gear along with hundreds of CRPF men were deployed in Sopore and Krankshiven locality to prevent any protest. The forces were also deployed in Sangrama chock up to Sopore bridge. Protests erupted in Alamdar Colony, however, additional contingents of police were called in to disperse the people. The press was barred from entering the colony. This is second custodial death in Kashmir since 2009. A youth, Manzoor Ahmad from Alochibagh area in city, died in SOG custody in May 2009. Large contingents of police personnel have been put on stand by in police Control Rook Srinagar to meet any eventuality. (Greater Kashmir, August 1, 2011)

50% decline in militancy: IGP

Bandipora, June 30: Stating that there is 50 per cent decline in militancy in Kashmir, the Inspector General of Police, Kashmir, SM Sahai, said that miscreants were still present in the valley who didn't want peace. "We have witnessed 50 per cent decline in militancy in the Valley but the enemies of peace are still alive who don't want people to live in peace," Sahai told reporters after concluding the Awami Durbar in police lines Bandipora. "There has been considerable improvement in the law and order situation in Kashmir during the current year and we are trying hard to maintain peace in cooperation with the public," Sahai said. Commenting on the target killings, Sahai said. "These are still alive, we are keeping eye on the situation and there is nothing to worry." Earlier, the IGP addressed people and listened to the day to day problems and issues highlighted by them. "I have listened to your problems but I can solve only those issues pertaining to the Police department, however the

civil authorities will be intimated about the issues highlighted here pertaining to them." Sahai said while addressing the people. "We will consider the release of the youth booked for stone pelting on humanitarian grounds if he elders and their parents assure us about their conduct," he said. "Police has set up counseling and other institutes for the youth, however priority will be given to the youth who maintained peace and tranquility during last two years," he said. When told what prompts police to conduct Awami Durbars, Sahai said, "Police is not only meant for law and order but our work is also to look into the problems of the people who are facing hardships." "The aim of conducting Awami Durbar is to come close to the public," he said. Among others present on the occasion were DIG North Kashmir Muneer Ahmad Khan, SP Bandipora Bashir Ahmad Khan, ASP Bandipora Shamsher Hussain, DySP Tahir Ashraf, DySP Gowhar Jeelani, and Inspector Nissar Mir. (Greater Kashmir, July 1, 2011)

Police Inspector shot

Cop hurt in grenade attack
Srinagar, June 30: A police Inspector, Shabir Ahmad, sustained critical injuries and is batting for life after being fired upon by unidentified pistol wielding shooter inside his house at Iqbalabad Batamaloo here Wednesday evening. In other incidents, a suspicious substance was recovered near Heemal hotel at Boulevard here while a policeman was injured in a grenade attack in Kishtwar. Neighbours of Inspector Shabir Ahmad said that at around 8:45 pm Wednesday somebody rang his door bell. "After hearing the bell, Shabir went outside to open the door. Later we heard some bullet shots," a close neighbour of Shabir said. "We rushed outside and saw somebody had shot at Shabir said. "He has received only one bullet in the abdomen. But the bullet while traversing in the abdomen area has created multiple perforations and as a result blood is oozing out." SSP Srinagar, Syed Ashiq Hussain Bukhari, said the assailants are

apparently militants. The police said they have registered a case and initiated action. A 5 kg suspicious substance, said to be an IED placed inside a steel container, was planted near Liquor shops outside a hotel along Boulevard Road in Dalgate area of the city Thursday. A Police spokesman said the substance was detected near Hotel Heemal. SSP Bukhari however said it was not an IED, but a jumble of wires stuffed in the canister. "It was not an IED. Despite knowing there was nothing we need not to take risk. We detonated it." Eyewitnesses near the hotel said panic gripped the area as soon the substance was detected. All the guests in the hotel and staff fled. The locals said hotel Heemal housing liquor shops has always exposed the area to attacks. "We have told the administration to stop selling liquor in the area. Apart from cultural stigma attached to it, it is prohibited in the religion as well," a local said. "But here the government is protecting them and our future generation is getting ruined." Reports said that police later sealed the liquor shops. "We have always informed the concerned authorities that the liquor shops in Heemal hotel can become a cause of major tragedy," President Kashmir Art shopkeepers Association (KASA), Arjumand Hussain said. However, he said, the timely intervention by police and sealing of the shops is encouraging. "We thank police and hotel management for sealing the three wine shops," Hussain said. Militants today hurled a grenade on a police patrolling party in Kishtwar district, leaving a policeman injured. The grenade was hurled near the police post in Keshwan area. One policeman Mushtaq Ahmad sustained minor injuries in the explosion. The police claimed to have arrested one person along with arms in South Kashmir's Anantnag district. They said one Ali Muhammad Wani alias Ali Baba, a resident of Natipora Sangam Bijbehara, was arrested in a joint operation by Bijbehara police and 3 RR
(Contd. on page 7)
J&K HUMAN RIGHTS Perspective

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July-August, 2011

Anna Hazare's Aspiration for an Alternative System

t may be premature to attempt final evaluation of the role of Anna Hazare and of the movement he led. In almost no time, it acquired character of a mass movement in many parts of the country. It was called second war of independence to resolve all problems of the country. Soon he realized that mere end of corruption would not solve all problems. He, therefore, gave a called for electoral reforms like the right to reject all candidates, and the right to recall. He showed some flexibility in his discussions with the government on the draft of Lok Pal Bill. It was obvious that no single remedy could be a cure of all ailments. Anna Hazare did emerge as an extremely popular leader of the country. But can his popularity be institutionalized? How can it be ensured that only popular people are elected? And are popular are capable to do the job for which they are elected? How much time should be given to an elected leader to prove his capability? And what are checks on the power of the elected? Should not they be subjected to criticism? In short how to balance popularity, capability, freedom of speech and criticism, within parties and the political system. JP-an inspiration? Nearest parallel to such an idealistic system was tried by Jaya Prakash Narayan. He, too, was the most popular leader of India of his time. He had all the attributes of an ideal leader, selfless personal life with no ambition for power, money or status. He wanted to change the whole system, lock, stock and barrel. He aspired for a party-less government and a politics without power. Such a system was visualized by the greatest thinker and political philosopher of India, MN Roy. He led the Socialist movement in India, the second most popular party. In fact, Nehru invited to share political power with him. He rejected the offer and gave a call for a

"Kashmir Problem is...

(Contd. from page 1)

party-less democracy and still managed to retain his popularity. Many senior leaders joined his crusade for an ideal political system. I was closely associated with MN Roy, but was critical of his idealistic system. In an article, I compared his model for party without power with marriage without sex. He called it a vulgar simile. I said it may be vulgar, but most apt. JP's own marriage with Prabhawati, just like his ideology, was also an instance of marriage without sex. But can it be called a model or ideal marriage? Was it unrealistic? What is the political legacy of JP? He can be held responsible for the collapse of the Socialist party in India and, thus, damaging the Indian party system and democracy. Leaders like Mulayam Singh and Laloo Prasad Yadav followed him. But they did not make any contribution to party-less democracy. Anna Hazare's relevance Anna Hazare and his team are popular leaders, but are hardly capable of building an alternative system. As is evident from the contradictory stands of its members on many issues, they lack the discipline that is the minimum qualification of a political party. Does Anna have any relevance in situations like Kashmir? He does. He demonstrated the strength of nonviolent methods and their relevance in a situation where people felt powerless. Whatever success can be achieved through non-violent methods is worth a trial. India is not without imperfections. Which country in the world is? But attempt to seek perfection should be gradual and should make allowance for imperfections. India is one of the few countries which have developed while keeping a democratic set-up and keeping inequalities, large though, within limits. Free elections, independent judiciary, and a reasonable rate of growth are great assets of India, which few developing countries can claim.

on centre-state relations, its logic should be extended to the state-regional relations. Nehru asked me to give him a week to discuss the matter with the Sheikh. Meanwhile I met the latter, who too was convinced. Thus, the Delhi Agreement signed by Nehru and Abdullah on July 24, 1952 provided for autonomy for the state within India, and for regional autonomy within the State. Discussing the situation in Jammu, Hind Samachar on December 25, 1952, editorially commented, "In this connection Balraj Puri, who feels concerned over the Jammu agitation, has suggested regional autonomy which deserves consideration. For no other solution is in sight." A similar observation was made by the Tribune on February 11, 1952. It observed, "As Sheikh Abdullah is entitled to demand autonomy and we appreciate his position. Similarly, Sheikh Abdullah should appreciate the demand of people of Jammu. They must be given genuine autonomy." Jan Sangh's role and Nehru's response Complications, however, were added in regional relations and centre-state relations by the agitation launched by Praja Parishad against that Agreement calling for ek vidhan, ek pradhan and ek nishan (one constitution, one president and one flag), and abrogation of Article 370 of the Indian Constitution, which granted a special status to the state. Sheikh Abdullah offering negotiations with Jana Sangh repeated his stand for giving regional autonomy "as would be provided in the constitution that was being drawn up." Broadcasting from Radio Kashmir on April 17, 1953, he said, "this will remove all the fears of domination of one unit over the other and will make for voluntary unity and consolidation of the people of the state." By not giving in to demands of Dr. Shyama Prasad Mukerjee, the founder president of the Bhartiya Jana Sangh, the predecessor of the BJP, Nehru ensured that India did not miss its opportunity in Kashmir. Indeed, by doing so, he made the case of secularism, federalism and democracy in India stronger, and helped India acquire the position it did in the world. In contrast, the BJS/BJP played no small role in weakening India's case on Kashmir given its persistent demand for the 'full integration' of the state with the Indian Union.
J&K HUMAN RIGHTS Perspective

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July-August, 2011

Human Rights Update...

(Contd. from page 5)

at Kari Kadal. Police claimed that they recovered one pistol, one pistol magazine, 162 rounds, two grenades, 40 Pika rounds and one IED from the person. (Greater Kashmir, July 1, 2011)

Amnesty for Stonethrowers

A bold step by Omar Abdullah
Jammu and Kashmir Chief Minister Omar Abdullah has shown farsightedness by announcing that 1200 young men arrested on a charge of throwing stones at security forces last summer will be released from different jails on the occasion of Eid. These youngsters, mostly belonging to povertystricken families, had no hope of getting free soon. They indulged in this kind of violence after being misled by separatist leaders. Their instigators have been leading a comfortable life, bothering little about these unfortunate souls. Instead of making efforts for their release, the Hurriyat hardliner, Syed Ali Shah Gilani, threatened to launch a fresh agitation after the conclusion of the fasting month of Ramzan, and the celebration of Eid. Though, there was no provocation for taking to such a path, extremists like Gilani know how to invent a "cause." With this bold step, the Chief Minister has taken the wind out of the sails of the separatists. Even otherwise, very few people are now interested in negative programmes because of the fatigue factor. Omar Abdullah, however, warned the beneficiary young men that they will not be spared if they repeat what they did last summer. They should use the opportunity to rebuild their lives. These misguided youngsters and their families must have realized by now that they cannot gain by indulging in acts of violence. Separatists have their own ulterior motives and they do not hesitate Editor Office Phone

to use the gullible public for this purpose. Reports had it that the stone-throwers were paid by separatists and this attracted a large number of young men to take the law into their own hands. This, however, showed that people could be prevented from taking to the destructive path by providing them gainful employment opportunities. The Chief Minister himself has admitted that there are nearly five lakh unemployed persons in Jammu and Kashmir. Different measures are being taken to ensure that the number of jobless comes down considerably. The best way to create sufficient employment avenues is to facilitate rapid industrialization in the border state. This is as essential as are the schemes aimed at making youngsters employable in accordance with the Rangarajan Committee report. (Tribune, August 30, 2011)

Youth's body to be exhumed

Jammu, August 29: The body of a mentally challenged youth, allegedly killed in a fake encounter by security forces in Surankote on August 6 this year, could not be exhumed today. The body was to be exhumed in the presence of a magistrate for collecting a fresh DNA sample. Earlier, the Poonch police had sent a "clotted" DNA sample of the slain youth to the FSL, Hyderabad, which hampered the investigation. The initial sample was taken in formalin solution, which doesn't preserve it beyond 30 hours. "The last three days were holidays. Therefore, AK Sahu, Deputy Commissioner, Poonch, who had a meeting with the Romeo Force today, couldn't issue orders to exhume the body," Ashkoor Wani, SSP, Poonch, told the Tribune over the phone. "We hope that the Deputy Commissioner will issue the orders tomorrow. Even if we get the orders by tomorrow afternoon, the body will be exhumed in the presence of a magistrate and a team of doctors will collect a fresh DNA sample," the SSP said.

This time, it would be ensured that the sample was collected in saline solution, police sources said. Subsequently, it would be sent to Hyderabad for DNA profiling with the samples of two others, who had staked claim to the slain youth's body, they added. "After we sought an explanation from the doctors about the collection of the sample in a formalin solution, they said the formalin solution was the usual practice to collect such samples," said the sources. "We want to establish the identity of the deceased and find out his family and, hence, the question of complacency doesn't arise at all," the sources added. On August 7, a day after the fake encounter, the Army had claimed that it had killed a top Lashkar-e-Toiba commander, Abu Usman, alias Adnan of Pakistan, in a fierce gunfight, who later turned out to be a mentally challenged youth. (Tribune, August 30, 2011)

Free the Jammu youth held during Amarnath land row: Bajrang Dal
Jammu, August 29: Accusing the state government of adopting double standard, the Bajrang Dal said today that while amnesty for stone throwers in the Valley had been announced, those arrested during the 2008 Amarnath land agitation had been ignored. "We are demanding that the government should release 196 youths arrested during the Amarnath land agitation in 2008 and withdraw cases against them," state coordinator of the Bajrang Dal Rakesh Sharma said here today. "There cannot be two set of rules for youths of Kashmir and Jammu," said Sharma, who led the protest against the government for announcing general amnesty for stone throwers. Chief Minister Omar Abdullah yesterday announced amnesty for 1,200 youths arrested for stone throwers during the unrest in the Valley last year. (Tribune, August 30, 2011)

: BALRAJ PURI Associate Editor: ELLORA PURI : Karan Nagar, Jammu - 180 005 (J&K) INDIA. : 91-191-2542687, 2543556 Mobile: 94191-02055 E-mail : balraj_puri1@rediffmail.com
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J&K HUMAN RIGHTS Perspective

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July-August, 2011

Investigate Unmarked Graves in Jammu and Kashmir

Official Inquiry Confirms That Some Held Bodies of the 'Disappeared'
(New Delhi, August 25, 2011) Indian authorities should immediately open an independent, transparent, and credible investigation into the unmarked graves discovered in Jammu and Kashmir state, Human Rights Watch said today. An inquiry by the police investigation team of the Jammu and Kashmir State Human Rights Commission (SHRC) has found 2,730 bodies dumped into unmarked graves in four of the state's 14 districts. Thousands of Kashmiris have been forcibly disappeared during the last two decades of violence, their whereabouts unknown. The Enquiry Report of Unmarked Graves in North Kashmir, submitted by the investigating police team to the commission on July 2, 2011, said that the unidentified bodies had been buried in 38 sites in north Kashmir's Baramulla, Bandipora, Handwara, and Kupwara districts. At least 574 have been identified as the bodies of local Kashmiris. The government had previously said that the graves held unidentified militants, most of them Pakistanis killed over the two decades of violence in Jammu and Kashmir whose bodies had been handed over to village authorities for burial. However, in response to commission inquiries, in March 2010 district police claimed that a total of 464 unidentified bodies had been buried in north Kashmir. "For years, Kashmiris have been lamenting their lost loved ones, their pleas ignored or dismissed as the government and army claimed that they had gone to Pakistan to become militants," said Meenakshi Ganguly, South Asia director at Human Rights Watch. "But these graves suggest the possibility of mass murder. The authorities should immediately investigate each and every death." According to the Srinagar-based Association of Parents of Displaced Persons (APDP), at least 8,000 people have disappeared since the insurgency began. In February 2003, the government of Jammu and Kashmir, then led by the current opposition leader, Mufti Mohammad Sayeed, told the state legislative assembly that 3,744 people were missing and that many of those reported missing since 1990 were actually in Pakistan, where they had signed up to be trained as militants. Human Rights Watch and other human rights groups have repeatedly called for an independent investigation into allegations of unlawful killings and enforced disappearances by Indian security forces. In a September 2006 report, "Everyone Lives in Fear," Human Rights Watch said: "The debate about the facts and the inconclusive nature of government and NGO claims make it clear why the government or a specially designated independent body should conduct a transparent investigation into each case of 'disappearance' reported since 1990." The commission's report, which was leaked to journalists over the weekend, is the first official confirmation that such deaths occurred. Pointing out that Kashmiri groups, including APDP and the International People's Tribunal on Kashmir, have said there are similar unmarked graves in at least eight other districts, the report recommended a thorough investigation by an "impartial agency," and at least $15,000 in compensation for each death. The Jammu and Kashmir state government and the central government in New Delhi have yet to respond to the findings. When the new government of chief minister Omar Abdullah was elected in Jammu and Kashmir state in February 2009, Human Rights Watch wrote to him, saying: "Thousands of people remain victims of enforced disappearances in Jammu and Kashmir. The practices of 'disappearances' and extrajudicial executions violate basic human rights, including the right to life, the right to liberty and security of the person, the right to a fair and public trial, as well as the prohibition on torture and cruel, inhuman, and degrading treatment or punishment. Under international law, an enforced disappearance is a continuing crime until the 'disappearance' is resolved." The enquiry report recommended that the commission call for immediate DNA sampling and other forensic tests to try to identify the bodies by matching them with the next of kin of people who have disappeared. Seventeen of the bodies found in the four districts have already been reburied by relatives in family graveyards. The investigation found that 18 of the graves contained more than one body. Human Rights Watch has previously called for creation of an independent, transparent commission working within a specified time frame to which relatives and others can provide information about cases of enforced disappearance. This commission should be empowered to summon members of the security forces who might have been responsible, even if they are no longer posted in Jammu and Kashmir or have retired from service. "The government has long been well aware that widespread killings and disappearances have occurred in Kashmir, but it has looked the other way," Ganguly said. "The discovery of these unidentified bodies will make it impossible to continue the long cover-up of the facts or to deny justice to the families of victims." A similar pattern of abuses and cover-up took place in the neighboring state of Punjab during counterinsurgency operations from 1984 to 1995, Human Rights Watch said. Indian security forces were implicated in thousands of killings and secret cremations to hide the evidence. The National Human Rights Commission, which was specially empowered by the Supreme Court to address these cases, narrowed its efforts to merely establishing the identity of the people secretly cremated in three crematoria in just one district of Punjab. It rejected cases from other districts and ignored intentional violations of human rights by India's security forces. For more than a decade, the commission has failed to investigate a single case independently, and it refuses to identify any officials responsible for the abuses. None of the key architects of the counterinsurgency strategy in either Kashmir or Punjab who bear substantial responsibility for these atrocities have been brought to justice. "The fact that the investigation in Jammu and Kashmir has taken place and led to the confirmation of these unmarked graves is encouraging, but as in Punjab the Indian government and security establishment have a long record of failing to hold anyone accountable for these deaths," Ganguly said. "The government now has the opportunity to deliver justice by prosecuting those responsible." Human Rights Watch also urged the immediate repeal of the Armed Forces Special Powers Act [AFSPA], a draconian law that grants the military widespread powers to arrest people without warrant and to shoot to kill. This law has enabled security forces to engage in crimes such as enforced disappearances, Human Rights Watch said. It protects military personnel responsible for serious crimes from prosecution, creating a pervasive culture of impunity. "Even some senior government and judicial figures believe that the AFSPA leads to abuses and offends human rights principles," Ganguly said. "If the government is serious about justice, it needs to get rid of AFSPA immediately." (Human Rights Watch, August 24, 2011)

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J&K HUMAN RIGHTS Perspective

Edited, Printed and Published by Balraj Puri for Institute of Jammu & Kashmir Affairs, Karan Nagar, Jammu. Printed at ESS ESS ESS Offset Press, Wazarat Road, Jammu.