Following armed hostilities in 1947-1949 between India and Pakistan and intervention by the international community, the region once known as the Princely State of Jammu and Kashmir was divided. Commencing no later than October 1947, the Kashmir dispute has proved the most protracted territorial dispute in the United Nations era. An implacable, deadly struggle is going on half a world away in India’s mainly Muslim territory of Kashmir, where Indian military and Para-military forces are trying to crush forces seeking independence or union with Pakistan. Continuous conflict between India and Pakistan over Kashmir is leading to violation of human rights, birth of rebels and destruction of peace in the name of unity and integrity of India.

Kashmir’s political status has been in dispute since partition of sub-continent on August 15, 1947. During British rule over India, the state of Jammu and Kashmir was one of more than 50 autonomous princely states owing allegiance to Britain. At the time of independence, the rulers were advised to join, by means of an instrument of accession, either of the two new dominations, India or Pakistan, bearing in mind their state’s geographical position and the religion of their inhabitants. In October 1947, prompted a local Muslim uprising that drew armed support from Pakistan, the Hindu Maharaja of Jammu and Kashmir chose to place his mostly- Muslim subjects under the jurisdiction of India, and then called in Indian troops who recaptured most of his lost territory.

In January 1949, a United Nations-brokered cease-fire left Kashmir divided by a military cease-fire line (Line of Control) into the Indian state of Jammu and Kashmir and Pakistan controlled Kashmir known as Azad Kashmir and the Northern Territories. . Shakti Bhatt  states “Indian government has steadfastly held on to its official stand that Kashmir is undisputedly an integral part of India and Pakistan on the other hand blames India of acquiring it through fraud and violence“ (2003, p. 215). For past 60 years, Indian and Pakistani forces have continuously confronted each other over this tense cease-fire line, with their bitter rivalry exploding into war in 1965 and 1971 (Kargil war), and nearly providing the flashpoint for a third conflict in 2001 possibly involving nuclear weapons.

Although both sides contributed in spreading violence in Kashmir, but the violence caused by India’s military and the Para- military forces allied with them, is even more destructive and abhorrent. Unlike any other great democracy, Indian soldiers are not held to any higher state of conduct. In Kashmir, poorly trained military troops are torturing civilians by extra judicial killings, murders and rapes which is leading to spread of lawless state terrorism. It’s surprising that India still claims itself to be world’s largest democracy.

India’s human rights violations in Kashmir are systematic, deliberate, and officially sanctioned. India has never prosecuted even one of its 700,000 military and paramilitary personnel there for human right abuses, and its laws grant legal immunity for any actions aimed at suppressing Kashmiri dissent or support for self-determination. Information compiled by various human rights organizations like London based Amnesty International, New York-based Asia Watch and other humanitarian organizations establishes that a massive complain of brutal oppression has been launched by the Indian army since January 1990. Various estimates are given of the death toll of civilians so far. Making due allowance for unintended exaggerations, the figure into tens of thousands. Countless individuals had been maimed and thousands of women molested and assaulted. Not a word of condemnation has been uttered at the United Nations; not even a call on India to cease and desist from committing its atrocities.

The overwhelming presence of Indian military and paramilitary forces in Kashmir reminds Kashmiris that they are not free and are being enslaved by Indian forces. This feeling of being slave leads to the birth of rebels in the valley. These rebellions are no other than common people who are victim of continuous torture and abuse by the military and paramilitary forces of Indian government. These people are killed ruthlessly as the government recognizes them as terrorists, but government never wants to accept that it itself is responsible for the birth of rebels in the valley. It’s very natural that after tolerating continuous violation of human rights, one raises his voice to achieve his basic freedom. Usually targets of military shots are common people (shopkeepers, children, women, school going students, etc.) who had not even touched any weapon or something that would spread terror or any kind of violence. They are being shot and then left for bleeding, after their death they are being recognized as terrorists by the so-called democratic nation.

The following excerpt has been taken from the journal Pro and Con (2004, pp. 264-267). In 2003, President Parvez Musharraf addressed to the UN General Assembly “India cites cross-border terrorism in order to reject dialogue. It knows full well that the Kashmiri struggle is indigenous. It is India that violates international law by refusing to implement Security Council Resolutions and by perpetrating gross and consistent violations of human rights in Kashmir. Once again, I invite India to join Pakistan in a sustained dialogue to resolve the Kashmir dispute.” In reply to the president of Pakistan, Indian President Mr.Atal Bihari Vajpayee had nothing to say except “We totally refuse to let terrorism become a tool of blackmail. When the cross-border terrorism stops, or when we eradicate it, we can have a dialogue with Pakistan on the other issues between us.” This conversation clearly proves that India does not want to look at problems of Kashmir; instead, it just wants to keep hold on Kashmir forcibly forever.

The role of press in Kashmir is also an important topic in continuous dispute. The Indian press is a great reason behind the fact that inspite of high scale violations of human rights in Kashmir the public opinion remained silent up to large extent. In her book, Kashmir: A Tragedy of Errors, Tavleen Singh has gone so far as to state that the press was the main reason why the alienation of Kashmir began. There is no doubt in the fact that reporting fairly on Kashmir situation is really dangerous as the Indian government does not want to represent its true picture in front of the world. So press is just working like a slave for the government. This is the reason behind regular news on Kashmir just focus on death of military personnel or militants. No newspaper gives the account of death of ordinary people in the valley or rapes and murders.

A south Indian writer, Teresa Joseph (2000, pp. 53) states “Although human rights organizations, both national as well as international, and also other media sources have documented in detail gross human rights violations in Kashmir by both the militants and the security forces, the general reader does not get any such picture of the situation from the mainstream Indian press.” So it can be easily concluded that Indian press has never tried to figure out the true picture of Kashmir.

The issue of Kashmir is becoming more complicated day by day. Since 1989, around 1 lakh Kashmiri people have been killed in fake encounters and this number dwarfs the killings in Northern Ireland, Palestine, Bosnia, and Kossovo which have brought the world to tears and revulsion. Killings in Kashmir have become so commonplace that they are reported like car accidents in the United States. There is nobody to reprobate Indian government for making the beautiful Kashmir a hell. The most perplexing phenomenon regarding this situation is that it has been allowed to arise and persist in a territory which, under international law, does not belong to any member state of the United Nations and whose status is yet to be decided by the people of its land. It is interesting to note that when Kashmir issue erupted in 1947-48, the United States of America stated that future status of Kashmir will be decided by people of the territory but now while Kashmir is undergoing such a miserable condition, the United States is silent on this issue. Actually India declares itself the world’s most populous democracy and offers support to America in pursuing terrorists. In exchange, the United States remains silent when India kills innocent Kashmiris who crave self-determination and its achievement through peaceful protest.

If the silence persists, there would be only this explanation that a Kashmiri life is viewed as less worthy than other lives. Indian government has given complete rights to its military forces to kill or abuse people in Kashmir in whatever way they want to in order to suppress the movement for freedom. After killing the ordinary people, government states them as terrorists and there is nobody to investigate the causes and effects of conditions caused in Kashmir. As long as India continues to isolate Kashmir from the rest of the world, it will never end violent acts on that unfortunate land and restore the rights and freedom of the people of Kashmir. Brown and Davidson suggest that “The U.S. should recognize that the Kashmir dilemna is an instance in foreign policy in which there is a national interest, the diffusing of a potential nuclear war, and a humanitarian concern, ending the murders of civilians by atleast one side of the hostility” (1994, p. 2)

The following questions are on mind of every Kashmiri person: For how many years will children in Kashmir grow up in fear and shadow of guns of the security forces? When will they be allowed to play in kinder gardens freely as the normal children do? How many Kashmiri girls are still to be raped or molested before achieving freedom? What number of women is required to be widowed before living a peaceful life in Kashmir? Is there anybody who can answer the above questions? The Indian government seriously needs to think about the answer of above questions. The solution of sufferings of these sufferings is both urgent and vital. It is far more serious area than any other area in the world. For finding a right solution of problem, three parties need to interact with each other and create an environment of understanding among them. These three parties are the Government of India, the Government of Pakistan and the Government of Kashmir. Although, the most important party is the people of Kashmir as their decision will be a right decision for humanity and human freedom. The only thing that governments of India and Pakistan needs to forget is their self interests and try to make the life of people of Kashmir beautiful by giving them their fundamental rights and freedom for life.

* Criminal Justice Department, New Mexico State University, Las Cruces, New Mexico, U.S.A.

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Srinagar (June 30, 2010): As per a report of Kashmir Watch the entire valley continued to be tense on Wednesday, a day after three teenagers were killed in police firing in south Kashmir’s Anantnag District.

Curfew is still in place in most areas, including Sopore, Anantnag and Baramulla Districts including some areas of Srinagar city also.

According to Agence India Press city reporter authorities deployed hundreds of additional forces in volatile old city areas to thwart any demonstrations and processions.

Scores of paramilitary troopers and policemen have been deployed in Nowhata, Safakadal, Nawakadal, Zaina Kadal, Nawab Bazar and other adjoining areas of old city of Srinagar to impose restrictions.

Reports said that the troopers were not allowing anyone to come out of their houses.

Bilal Ahmad, a local resident of Zaina Kadal Said that we are not being even allowed to open the windows.

As I am father of 3 months old baby, I was suppose to get milk for her but, unfortunately they (Police) didn’t allow me to come out from my house even I request them, he said.

Troops and police have erected barricades at various entry and exit points.

However, restrictions in the civil line areas have been eased. A top police officer told Agence India Press that, we have made additional deployments only in volatile areas.

Meanwhile authorities brought under curfew more areas in south Kashmir, where three youths were killed when CRPF opened fire during clashes with protestors.

Due to overnight protests in many areas of south Kashmir, curfew was clamped in Bijbehara, Pahalgam, Kulgam and Pulwama districts this morning. Curfew is also being strictly enforced in Sopore, Baramulla, Anantnag and seven police stations areas of Srinagar, police said.

Restrictions under Section 144, which prohibit the assembly of over four persons, are in place in and around Srinagar and Baramulla Districts.

At least eight people have been killed in firing in the valley over the last five days.

Reports from Bandipora said that policemen who were deployed in strength in Ajjas town after seizing the newspaper copies threatened hawkers of dire consequences.

Police also seized the newspaper copies near Lathpora and didn’t allow the vehicle carrying newspapers copies to proceed south towards south Kashmir.

In many places of Srinagar city forces and police stop media persons, while they were pursuing their duties.  After harassed by security personnel city reporter of local newspaper said, that media and press is the cream of society and we thing that security personnel are not aware of it. These personnel are not educated and its very shame for us that those illiterate people harass journalists thousand times a day without any reason.

As usual in the morning, when I left for the office around 9:00 AM (IST) security personnel stopped me and ask for curfew pass, but eventually no curfew was imposed in our area, he said.

In Handwara, protesters attacked the house of senior National Conference leader Sharief-ud-din Sharik at Handwara in north Kashmir on Wednesday, police sources said.

“Protesters throw stones at Sharik’s house and tried to barge into it. However, policemen deployed there chased them away,” sources added.

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Amritsar (June 21, 2010): Condemning the security establishment for spilling blood of innocent Kashmiris on the streets of Srinagar and elsewhere, the Dal Khalsa said the Indian state was suffering from ‘arrogance of power’.

In a statement party head Harchranjit Singh said the Indian security establishment was treating Kashmiris virtually as enemies, like it treated Sikhs in late 80’s and early 90’s in Punjab.

He said the situation in Kashmir had worsened further on Sunday with the killings of Muhammad Rafiq Bangroo and Javaid Ahmad Malla by security forces.

Notably, 3 teenagers including Tufail Ahmad Mattoo (who was hit by teargas shell) have been killed by the security forces in the last 7 days.

He said the armed forces continue to kill innocent youth unabatedly and unabashedly.  “Killings of innocent civilians have become order of the day. Wailing Kashmiri mothers and sisters mourn the acts of the Indian army almost every day and the images are seen in the print media and in sections of the satellite television medium”.

It’s ironic that the international community including the United Nations was totally ignoring the pain and sufferings of all these Kashmiri families, he observed.

Taking a dig at chief minister Mr. Omar Abdullah, he said expressing mere sorrow and grief over the loss of human lives would not heal the wounds of the aggrieved families.

Party’s spokesperson Kanwarpal Singh said “Kashmir has been turned into a prison. Even peaceful demonstrations are quelled with force. Civil administration was virtually non-existent and whatever is there is subservient to the Indian security forces”.

The Sikh body urged the United Nations to ensure that fundamental rights of the people are protected and India was effectively made accountable to various international forums.

Commenting on the possible move by the Union government to soften AFSPA, he said the draconian laws like Armed Forces Special Powers Act, due to which troopers operating in Jammu and Kashmir enjoy impunity, should be revoked forthwith to ensure security of civilians.

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Amritsar (July 18, 2010):  Expressing solidarity with the family members of innocent youth Tufail Ahmad Mattoo killed in police action last week, the DAL KHALSA said the civil administration in Kashmir was virtually non-existent and whatever is there is subservient to the Indian security forces.

In a press statement party spokesperson Mr Kanwar Pal Singh condemned the Indian security forces for their brutalities and human rights violations including the killing of teenager Tufail Ahmad Mattoo. He said the armed forces continue to violate all Supreme Court directives, guidelines of the National Human Rights Commission and Geneva conventions to be followed in the event of an armed conflict.

Taking a dig at the Union government and their blue-eyed boy chief minister Mr. Omar Abdullah, he said political authority was totally under the jackboots of the army and the bureaucratic policy makers in Delhi who have abrogated to themselves the right to decide the fate of the people of Kashmir.

He said that government had imposed severe restrictions on the pro-freedom leaders and they were being denied the political space. “Kashmir has been turned into a prison. Even peaceful demonstrations are quelled with force,” he added.

“The struggle for right to self determination of Kashmiri people is justified where as presence of lakhs of troopers is unjustified,” he said. “The draconian laws like Armed Forces Special Powers Act, due to which troopers operating in Jammu and Kashmir enjoy impunity, should be revoked forthwith to ensure security of civilians,” said he. He reiterated that countries like US and China that were considered to be world’s major powers could play an effective role in resolving the Kashmir dispute.

The Dal Khalsa leader prayed for speedy recovery of Hurriyat leader Syed Ali Shah Geelani, who is admitted in the S K Institute of Medical Sciences at Soura following complaint of chest pain. “We wish him (Geelani Sahib) good health so that he could carry on with his mission to its logical conclusion”.

He said that Indian state was suffering from arrogance of power. The repeated offers of talks by GOI were meant to hoodwink the international community and create divisions amongst Kashmiri groups, he observed.

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Commandant RK Birdi, posted at Nishat, was suspended for not reporting the incident to the higher authorities in time and for lack of command over his troops. “Sources revealed that the suspension orders had come yesterday, two days after BSF Director General PPS Sidhu had admitted the possible involvement of Constable Lakhwinder Singh. He has already been suspended and handed over to the police.” Says a TNS report.

Stop Innocent Killings in Kashmir

The investigation team is also questioning 15-odd BSF personnel accompanying the accused at the time of the incident. “As and when their presence is required by the police in connection with the investigations, they are being produced,” a BSF officer said. The killing of 16-year-old Zahid Farooq in Srinagar, five days after another teen – Wamiq Farooq – was shot dead in the downtown area, triggered massive protests in Kashmir, prompting Chief Minister Omar Abdullah to order an inquiry by the Divisional Commissioner. Shah was killed on February five at Brain near Nishat on the banks of the Dal Lake and according to the eyewitnesses there was an altercation following which the shooting incident took place.

PTI adds that fourteen other men of the 68th Battalion have also been suspended. Commandant RK Birdi has been confined to the local headquarters.

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The BSF earlier this week admitted that one its men, Constable Lakhvinder Kumar of 68 battalion was involved in Zahid’s killing and handed him over to JK Police for further investigations.

However, a New Delhi based news channel NDTV on Friday said, “The BSF Commandant R K Birdi forced Constable Lakhvinder Kumar to shoot thrice at Zahid.”

“The accused constable has claimed before the police that he was forced by his senior to shoot the teenager,” the wire agency PTI reported.

It said the claim made by the BSF trooper was being corroborated and some of its officials, including Commandant, R K Birdi, may be questioned.

The police have registered a case of murder but their real investigation, according to the sources, is focused on whether the constable fired on his own, or took orders from his commandant. “The Commanding Officer of the 68th Battalion of the BSF concealed the incident for five days until an internal probe was ordered due to relentless protests and Union home Ministry’s directive to cooperate with the JK police.”

The Special Director General of BSF, PPS Sidhu, while addressing the media here earlier this week had admitted that BSF had no information about the involvement of their men till the inquiry was ordered.

The BSF initially denied any role in the killing, but were forced to admit what happened under pressure from Home Minister P Chidambaram and Chief Minister Omar Abdullah. Pertinently, on February 5, Zahid and his friends were on their way home after their cricket game in Nishat area was rained out. They came across three BSF vehicles, which stopped near them. Troopers got down and fired three direct shots towards the teenagers killing Zahid on the spot.

After the BSF admitted that one of its constables killed Zahid, his family did not agree. It accused the BSF of making the constable a scapegoat to save a senior officer.

“We are not satisfied with the arrest of the constable as eye-witnesses told us that an officer of the force actually shot Zahid in the chest after snatching the rifle from one of his subordinates,” victim’s father, Farooq Ahmad had said.

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Zahid Farooq Sheikh, 16, was killed when BSF opened fire on a group of people in Nishat area of Srinagar. “Prima facie evidence has proved the involvement of Lakhwinder Kumar, a jawan of 68 battalion of BSF, in the shootout that resulted in the death of Zahid Farooq Sheikh of Nishat,” said P P S Sandhu, Special Director General (DG) of the BSF.

“We have decided to hand over the jawan to the local police for further investigations. The Jammu and Kashmir Police will do the investigation which will reveal everything.” he added.

Lakhwinder Kumar has been suspended and questioned by senior BSF officers, said sources. Sandhu said investigations till now had found that Zahid died due to a bullet fired at him by the jawan from an AK-47 rifle.

Killing of two teenagers in recent times has multiplied the anger of Kashmiri people against India and its security forces.

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SSF president Parmjeet Singh Gazi and Vice President Makhan Singh Ghandhuan expressed solidarity for the kins of Wamiq Farooq and Zahid Farooq, who were killed by armed forces in Kashmir with in last two weeks.

“Blanket explanations that the forces opened fire to keep lap and order are not going to work. Every homicide is required to be investigated as per Indian law, and killings by Indian armed forces are on exception.” said Gazi.

He claimed that people of Kashmir are justified in forcing shutdowns to demand inquiry in killings of teenage students, as the State has failed to bring culprits to justice.

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Today, a huge procession led by Jammu and Kashmir Liberation front (JKLF) chairman Muhammad Yasin Malik offered funeral prayers for the youth in Jamia mosque in old city and later carried the body in a procession for burial at the Martyrs’ graveyard in Eidgah area. ‘Agitated youth indulged in heavy stone pelting at Safakadal and Nowhatta police stations where police and paramilitary Central Reserve Police Force (CRPF) used batons and tear smoke shells to restore order.’ says a TOI report.

Meanwhile the assistant sub-inspector of police who fired the tear smoke shell in a callous and irresponsible manner has been placed under suspension.

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