Why justice matters in Jammu and Kashmir | analysis
Think about it. Why does India get prickly each time allegations of human rights abuse in Jammu and Kashmir are placed at its door? Is it because there is some truth in the allegations? Does India have a lot to hide when it comes to violations committed by its men in uniform?
Dismissing an updated report by Office of UN High Commissioner for Human Rights (OHCHR), which faulted both India and Pakistan for not improving the situation in Kashmir, a ministry of external affairs (MEA) spokesperson said last week, “A situation created by years of cross-border terrorist attacks emanating from Pakistan has been analysed without any reference to its causality.”
Reflecting India’s indignation at being called out, the spokesperson said, the report “seems to be a contrived effort to create an artificial parity between the world’s largest and most vibrant democracy and a country that openly practices state-sponsored terrorism.”
Let us get this out of the way first.
Yes, it can be said, with no hesitation at all, that Pakistan has for long sponsored terrorism and will likely continue to practise its “bleed India through a thousand cuts” policy. It has suffered humiliation at the hands of the United Nations Security Council, which recently declared Jaish-e-Mohammad chief, Masood Azhar, a global terrorist. But that tag too is unlikely to lead to the Pakistani deep State severing its ties with the jihadi outfits it sees as “assets.”
But is it enough for India to point to “causality”, without introspecting on the fact that Kashmir has a long litany of documented human rights violations that have gone unpunished? The Valley, in fact, has erupted in anger each time the men in uniform have crossed the line, but justice – that ever so important balm for a population as alienated as Kashmir’s – has mostly stayed elusive.
Let’s talk about the two occasions when the Valley boiled over with anger.
First, in 2010, Kashmiris took to the streets after the Indian Army, in a fake encounter, killed three civilians and passed them off as infiltrating terrorists. The gross violation was proved beyond a doubt. The unsuspecting civilians had been lured to Machil, a forward sector along the Line of Control, and killed in cold blood. Despite an Army court martial pronouncing five of its men guilty and sentencing them for life, the Armed Forces Tribunal suspended the sentence, arguing that civilians ought not to have been in a forward location, wearing “pathan suits”.
Just like in 2010, when over 100 protesting youth were shot dead, in 2016 too, the civilian toll crossed 100 after stone pelters – angry with the killing of militant commander Burhan Wani – took to the streets. Kashmir gave vent to deep anger and betrayal – not only because Wani was eliminated – but because the trust deficit between the Valley and Delhi had eroded over years, and reached break point.
The pellet gun became the symbol of oppression. It blinded, maimed and killed. The OHCHR report that India summarily dismissed, pointed to the basic tenets of injustice: “There is no information about any new investigation into excessive use of force leading to casualties. There is no information on the status of the five investigations launched into extrajudicial executions in 2016… No prosecutions have been reported.”
Kashmiris live with this reality every day. Why must brazen killings go unpunished? More importantly, why lash out at a report that questions excessive use of force?
The Kashmiri wound is deep and it has festered for too long. One major step forward would be to reduce the repressive security measures. Instead of negating charges of abuse and human rights violations, India ought to take steps towards setting up a truth and reconciliation commission. Why not encourage public hearings in which victims and their families are encouraged to speak?
Reaching out and admitting to violations will help rebuild trust. It is not enough to merely look at figures that point to a reduction in infiltration. The problem now centres around home-grown militants. Violations only fuel the cycle of violence.
Admit, address and provide justice, for Kashmir is not a piece of real estate, to be ruled by force.
Jul 16, 2019 18:47 IST