Home / Tag Archives: Armed Forces Special Powers Act

Tag Archives: Armed Forces Special Powers Act

UK Parliamentary Group’s Report on Jammu and Kashmir

The Report of the UK Parliament’s All Party Parliamentary Group on Kashmir (APPKG), on the human rights situation in Jammu and Kashmir, has detailed severe Indian human rights atrocities in Indian occupied Jammu and Kashmir (IoK). It echoes many of the findings of the UN OHCHR Report on Jammu and Kashmir already published and is critical of the human rights atrocities being committed with impunity by Indian occupation forces in IoK, especially the use of pellet guns, draconian laws including the Armed Forces Special Powers Act (AFSPA) and the Public Safety Act (PSA). The report also mentions presence of unmarked graves in IoK and enforced disappearances, which confirm the humanitarian emergency in IoK.

Read More »

What is India hiding in Kashmir?

“Human rights violations in Kashmir perpetrated by Indian army with legal immunity dwarf in scale the violations that provoked international humanitarian action in other international disputes. Human rights violations in Kashmir have been documented by all international and neutral human rights organization. Very recently, it was also documented in the United Nations report issued by the High Commissioner on Human Rights. The High Commissioner urged India to allow the United Nations delegation to visit Kashmir to asses the situation. But India does not allow such a delegation to visit Kashmir. It clearly shows that India has something to hide. May be, India does not want the world powers to know the following: tens of thousands indiscriminately slaughtered and countless rapes, abductions, custodial disappearances, arbitrary detentions, arsons, and brutal suppression of peaceful political protest,” this was conveyed in a message to the conference attendees of Pakistani American Society of New York (PASNY) by Syed Ali Geelani, Chairman, All Parties Hurriyet Conference, Jammu & Kashmir. The Indian army is involved in serious war crimes. They open fire on unarmed civilians at their will because they have been given immunity under draconian laws, like Armed Forces Special Powers Act. (AFSPA). We demand an inquiry into these war crimes by a neutral agency, like the United Nations, Mr. Geelani added. He insisted that the movement in Kashmir is indigenous, popular and people’s movement and rejected the notion that it is Pakistan sponsored. Speaking as a guest speaker, Dr. Ghulam Nabi Fai, Secretary General, World Kashmir Awareness Forum reminded the audience of the injustice, tyranny and inhumanity of the Indian military as it occupies Kashmir. He cautioned that at this moment in our historic struggle for self-determination, the Kashmiri people with poise, confidence and unity are taking their inalienable struggle in a new direction of non-violence and peaceful agitation.

Read More »

UN Can Stop Carnage in Kashmir

Dr. Ghulam N. Mir, President, World Kashmir Awareness Forum expressed his anguish and grief over the continued killing by Indian forces in the state of Jammu & Kashmir. He lamented the passive role of the United Nations towards the loss of human life in Kashmir, and urged both the world body and the United States Administration to help stop the carnage in Kashmir. He said that a just and lasting settlement of the dispute is possible only through tripartite negotiations between the Governments of India and Pakistan and the legitimate leadership of the people of the state of Jammu & Kashmir. Dr. Mir was speaking on the subject of, “Kashmir: tale of Subjugation & Resistance” during the 55th Convention of Islamic Society of North America (ISNA), that was held in Houston, Texas.Dr. Mir underscored that the scale of the popular uprising in Kashmir can be judged from the established fact, that on many occasions during the month of July-August 2018, virtually the entire population of Srinagar came out on the streets in an unparalleled demonstrations to protest the attempt by the Government of India to scrap the Article 35 A of the Indian constitution which gives the special rights and privileges to the state subject of Jammu and Kashmir. He said that the abrogation of this constitutional provision is a conspiracy to change the demographic composition of the state. However, the Supreme Court of India adjourned the hearting of Article 35-A till January 2019. Dr. Ghulam Nabi Fai, Secretary General, World Kashmir Awareness Forum said, “Could there be any tragedy more despicable for a people than to see their homeland, once known as paradise on earth, turn into hell? Where peace once reigned and communal harmony prevailed. The once evergreen valleys and snow-capped mountains have been marred by blood. How long will India be allowed to go on killing the people of Kashmir and denying them their fundamental right of self-determination is a question which the international community has to address?” Ms. Hedaya Saadi, of Seattle, Washington said the people of Kashmir have suffered long and needlessly because of this brutal conflict. They demand and they deserve peace. Peace in the region of South Asia remains elusive because of the Kashmir dispute. The inalienable right to self-determination enshrined in the United Nations Charter and promised to the people of Kashmir by the international community, continues to be denied. She said that the whole world knows the magnitude of carnages committed by Indian army in Kashmir but they have yet to utter a word of condemnation.

Read More »

Human Rights in Indian Occupied Kashmir: A Lost Cause?

It speaks volumes on the part of Pakistan’s successful foreign policy and vibrant diplomacy that UN Office of the High Commissioner for Human Rights (OHCHR) has published a report on the Human Rights violations by India in IoK. Report has been endorsed by the UN Secretary General. Indian government made strenuous efforts to prevent it from going public. Indian allegations regarding the report have also been firmly rejected by the OHCHR in a detailed response. This is a milestone, which has been achieved as a result of relentless efforts of our diplomats around the world. Pakistan has welcomed report’s recommendations for establishing Commission of Inquiry in both Azad Jammu and Kashmir and Indian occupied Kashmir, to ascertain the facts on ground. Since the report was published, international community has been deeply disappointed by the reaction of the Indian authorities, who dismissed the report without examining it. India has out rightly dismissed the report terming it “fallacious, tendentious, and motivated,” commenting that the findings are “overtly prejudiced” and seek to “build a false narrative.” Addressing grievances is what responsible governments are supposed to do. They don’t deny and shoot the messenger. India is rehearsing to be a super power and in this regard, as a matter of policy, it comically imitates all irrational acts of the United States; UN bashing is just one such example. While rejecting Indian allegations about the report, the OHCHR commented. “Since the report was published, we have been deeply disappointed by the reaction of the Indian authorities, who dismissed the report as fallacious, tendentious and motivated without examining it and responding to the very serious concerns about the human rights situation.” Report has extensively quoted Indian sources including their Parliament, Supreme Court and Ministry of External Affairs. After the report was published, the Indian government and media shamelessly termed the report as “Pakistan authored” and a “nefarious conspiracy” against India. Meenakshi Ganguly, South Asia Director of Human Rights Watch has stated that “India can – and should – do better in confronting its own human rights failures. These human rights concerns have been well documented”. The Kashmir report has brought to light “impunity for human rights violations and lack of access to justice” with regard to human rights challenges in the IoK. “Special laws in force in the state, such as the Armed Forces Special Powers Act, 1990 (AFSPA) and the Jammu and Kashmir Public Safety Act, 1978 (PSA) have created structures that obstruct normal course of law, impede accountability and jeopardize the right to remedy for victims of human rights violations.” According to the report, over 1,000 people were detained under PSA between March 2016 and August 2017 including minors. “During the 2016 unrest, there were numerous reports of attacks on and obstruction of basic medical services that had a severe impact on the injured and general civilian population in IoK. Days-long curfews and communication blockades had a cumulative impact on students and their right to education”. And, “In 2016, the authorities imposed restrictions on freedom of expression by targeting the media and journalists”, Report added. The report also found that Indian military courts and tribunals were a hindrance to justice and highlighted administrative detention used by the Indian authorities in IoK to “circumvent the protections of ordinary criminal procedure. Introduced in 1978 to primarily deal with timber smugglers, the Jammu and Kashmir Public Safety Act, 1978 (PSA) is the most commonly used law for the purpose of administrative detention”. The Indian government has also been criticised for the use of pellet guns. “One of the most dangerous weapons used against protesters during the unrest in 2016 was the pellet firing shotgun, which is a 12-gauge pump action shotgun that fires metal pellets. It was deployed by the Central Reserve Police Force and the Jammu and Kashmir Police against protesters, some of whom were throwing stones.” The shotgun cartridges contain 500 to 600 pellets that resemble ball bearings. The ammunition is made of a lead alloy that is fired at a high velocity thereby dispersing the metal pellets over a large area. There is no way of adequately controlling the trajectory of these shotguns beyond a limited range, which makes them inaccurate and indiscriminate. Despite the public outrage over the deaths and mass blinding caused by the use of pellet firing shotguns, the state government has only set up one special investigation into a death caused by pellet gun injuries. Authorities have failed to independently investigate and prosecute allegations of sexual violence by security forces personnel. There is no record of allegations of sexual violence by security forces being prosecuted in a civilian court. The killing of civilians between 2016 and 2018 raises the question of whether security forces resorted to excessive use of force to respond to peaceful protesters. “International human rights groups have accused Indian security forces of using excessive force and failing to adhere to applicable national and international standards on the use of force,” Report went on to point out. The right to liberty and security includes the right not to be subjected to arbitrary arrest or detention; the right to know the reasons for one’s detention and charges, if any; the right to be brought before a judge within a reasonable time following arrest or detention; and the right to appeal to a court of law to review the arrest or detention.” As a State party to the International Covenant on Civil and Political Rights, India is obligated to ensure the principles of legality and the right to liberty and security. Prime Minter Narendra Modi! Listening the voice of international community? Probably Not.

Read More »