Violation of Human Rights in Kashmir

Abstract:

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This paper is regarding the violation of Human Rights that is happening in the portion of Kashmir that is under the control of Indian government. By every moment, the death of human rights, torture, rape and sexual abuse etc. is happening in Kashmir and living without freedom of speech has become an integral part of the life of Kashmiris. Indian police and several other militant groups have been accused of violating the human rights against the civilians residing in Kashmir. The insurgents or the freedom fighters of Kashmir claims the part of Kashmir that is governed by the Indian government is a part of Pakistan, so the people from Pakistan shall have right to live in that portion of Kashmir. How far is it justifiable to kill the innocents those who are and have no faults or have not participated in either of the activities but are still killed because they got birth there fortunately or unfortunately? Considering the fact that accessing to that area in person is not possible, qualitative methodology will be used to form this paper. In this regard, some articles and previous research papers will be analyzed. This paper will conclude that why violation of human rights is being made in Kashmir and what are the how it can be controlled.

Introduction:

Before the partition of the subcontinent, there were hundreds of princely states and Kashmir was also a princely state which was ruled by Maharaja Ranjit Singh. After the partition of sub-continent and emergence of two new nations Pakistan and India, then Kashmir became an area of conflicts when it’s that time ruler Maharaja Ranjit Singh refused to join either of the nations. India then claimed to consider the Kashmir as a part of India wherein the civilians of Kashmir say that Kashmir is a part of Pakistan. Since then, Kashmir has to face a lot of troubles and various human right abuses. In the life of Kashmiris, by every moment, the death of human rights is happening all around in terms of killing, fake encounters, rape and sexual abuse, kidnapping, torture and among all, there is no freedom of speech. Whosoever is intended to raise their voice for their basic rights, he/she shall be killed at first hand or will be tortured in a way that he/she will never say a word ever again otherwise. Such violence is the worst form of violation of human rights. Moreover, Kashmiris have been facing all tortures and human rights violations by the Indian security forces and militant groups working in Kashmir. Back in 1990, when a crackdown was held against the militant group by the Indian government, sexual abuse and rape became frequent in Kashmir. It happened mostly during the crackdown or search operation situations when the men of the houses are directed to stay in parks for their identification and women of the houses remain at homes. In such scenarios, security forces punish the civilians in a collective manner, mostly assaulting, beating and burning houses. Rape does happen in order to express the anger by the security forces, who were accused by the women that they are none else than sympathizers. People from the security forces rape women of any particular community to humiliate the whole community and a sign of disrespect for all.

Every human being is born free; they all have equal basic rights, dignity, and respect regardless of caste, creed, color, hometown, culture etc. These cases define what the human rights are in today’s life. The question arises here that what are actually the human rights?  United Nations has described human rights in a way that these are the rights that without which the life of a human will be hard or an individual will be unable to live a life. Such human rights help in making a human livable in the society with respect to its qualities to fulfill his needs. Human rights are basically the essential part of a human being that he/she must have regardless or irrespective of any discrimination, it could be against the state or the authority. Universal Declaration of Human Rights (UDHR) in 1948, defines human rights as the inheritance of human nature. Human Rights are expressed as fundamental rights in the constitution of the state. Human rights do also contain some nature and characteristics as in human rights are inalienable, necessary and essential, connected with human dignity, universal and dynamic which explains that human rights are those rights which an individual got from his birth and it is given to everyone from his birth regardless of any difference. It is equal for everyone and it is the inheritance of all. In order to be a remarkable individual of the society, without human rights it is impossible. Human rights are essential and necessary for any individual for the betterment and suitable condition of life. Human rights are not limited to only any specific class or creed, but these are universal rights, anyone human can enjoy it. These rights are given to everyone without of any consideration and exception, rather these are inherent.

Literature review:

(Mohiuddin, 1997) According to her, Indian government violated the human rights when it imposed president’s rule in Kashmir and appointed a man of their choice Mr. Jag Mohan as the governor of Kashmir and this step from the Indian government put the Indian-held Kashmir into a state of conflict where the civilians have protested for their human rights, resultantly, forces from Indian government taken steps into the matter and started a ruthless activity against the people who raise their voice for their right of liberty. She further says that those forces were given appropriate support from their higher up to use their lethal forces and moreover they were given legal cover upon such acts made by them. The violation of human rights or the illegal activities such as killing, torture, kidnapping, beating and burning the homes of the civilian are being conducted by the Indian forces because they say that Pakistan is producing terrorists that will harm the sovereignty of Indian state. Since Kashmir is having Muslims in majority, and most of them are terrorists or would be involved in terrorist activities. That is one of the reasons that Indian forces are misusing their powers against the civilians. Furthermore, there are three different levels of Indian policy over the Kashmir issues, consists of local level, bilateral and international. Local level of Indian policy is to suppress those Kashmiris by extensive use of power that fights for their rights and liberty from illegal activities of Indian forces and similarly manipulating the Kashmiris by making difference among different resistant groups of Kashmir (Hussain, 2009).

(Balagopal, 1996) according to him and back in his time, according to an official count there were no less than 25000 people killed in Kashmir during a period of six years. Wherein Kashmiri says the number is double, they say that they have lost more than 50000 lives in that period of time. Majority of them have been killed by the Indian armed forces, rather Indian government take an initiative, they prefer to remain hard silent on such issues, but they do express that they have not given any approval for any of such activity and such monopolies happen occasionally. He says that killing the innocents is not the only kind of violation of human rights, but if you an individual is not given a right of self-determination, it will also be called violation of human rights.

(Noorani, 2003) says that the enforced disappearance is also violation of human rights. The author further says that according to the United Nations Declaration on protection of all persons from enforced disappearance (1992) in its articles 1, 2 and 3 which states very clearly that it is against the dignity of a human if someone plays an act of forced disappearance and it is to be considered an offence. If someone commits so, he/she is denying the resolution of UN’s charter on violation of human rights and moreover it also violates the fundamental rights of an individual mentioned in the Universal Declaration of Human Rights. If anyone does so, it will be considered that the victim is losing its right to liberty and right to life. Article 2 of the same charter says that there shall not be tolerated enforced disappearance in any state and states shall play their vital role in eradication of such activities with the assistance of United Nation and shall assist the UN to its fullest. Article 3 of the same charter says that there shall be proper mechanism to handle all such matters, that there shall be some legislative bodies, judicial and administrative departments to measure and terminate all such activities.

(KAZI, 2009) says that it has been two decades since when the rape and sexual abuse is happening in Kashmir. She says that in most of the area of Kashmir, women have been victims of such crimes. Mostly they are being raped or sexual abused by the armed forces. She further explains the report of Human Right Watch, wherein it is mentioned that “rape by the state forces are not privately motivated forms of sexual abuse but an abuse of power that implicates public responsibility”.

Hypothesis/Assumptions:

How far religion matter in violation of human rights in Kashmir?

How much border disputes matters in violation of human rights in Kashmir?

Discussion/Debate:

            Since Kashmir had been an area of conflict when by its ruler, it was not emerged in any of the two new emerging nations Pakistan and India. Its ruler makes it a conflict by themselves. If it would have emerged in either of the state, situation would have been different and there peace could be expected at that place as well. Moreover, whatever the commitments were made at that time, are really not available in such form that can be trusted. Every states consist of population having different religion and ethnicity as well, so as Kashmir does have, then the question arise that why there is so much violence in that piece of land. Why there is a huge war going on particularly on the name of religion? Are the only Kashmiris responsible for such outcomes or some other elements are also playing their part in this exercise? As much content is being observed and analyzed, it is taken out that most of violence is being made by the Indian forces and militant groups. Kashmiris are really so deprived of their basic human rights. Indian forces claim all Muslims to be involved in terrorist activities or the assistant to them, wherein the reality is somewhat different. Studies say that Kashmiris wants accession to Pakistan, but Indian government says that Kashmir is an integral part of India yet they make huge violence to Kashmiris to suppress them to not to fight for even their basic rights.

Conclusion:

            Kashmiris are facing violence of their human rights mostly on the basis of religion. There shall be a proper law & order situation implied in Kashmir. In order to make peace and terminate the violence of human rights, there shall be some bold steps to be taken. There shall be some talks and discussion between the forces, militant groups, religious leaders and civilians, otherwise the same situation will kept going for years and peace will be only a dream for the residents of Kashmir. If they started to handle the situation, this will take its time and will not be a sudden outburst of all good. Once the situations will be under control, Kashmir will also grow in all respect i.e. cultural, economic, technology etc. and it will then provide its residents proper human rights.

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