Kashmir: A struggle for rights amid repression and world complicity

The region of Kashmir has long been plagued by a complex and multifaceted struggle, with Kashmiris fighting for their rights and freedoms in the face of India’s intensive militarized occupation and repression.

This report explores the various dimensions of the Kashmir conflict, shedding light on the absence of representative governance, restrictions on international access, curtailment of basic freedoms, the overtly fascist nature of the Indian state, complicity of powerful states, and the role of India’s G20 presidency.

STATE-SPONSORED VIOLENCE 

During the period under review, the Indian forces operating in the Indian illegally occupied Jammu and Kashmir (IOJK) have inflicted significant human suffering and destruction. The documented statistics reveal a disturbing reality, with a total of 61 killings reported. Furthermore, the number of arrests has reached 3,215, indicating a widespread clampdown on civilians.

The violence has not spared the vulnerable population, as 77 individuals have been reported injured due to the actions of the Indian forces. 53 cordon and search operations (CASO) have been carried out, contributing to the atmosphere of fear and uncertainty in the region.

The impact of the conflict extends beyond loss of life and physical harm. Property damage has been documented in 61 cases, further destabilizing the Kashmiris. The authorities’ response has included the snapping of internet services ni 73 instances, depriving the population of vital communication and access to information.

Tragically, more than 6 women have left widowed and 22 children orphaned, highlighting the profound impact on families and the societal fabric of the region.

These statistics serve as a stark reminder of the ongoing human rights abuses and the toll exacted by the Indian forces in IIOJK. The international community must continue to closely monitor the situation and work towards a peaceful resolution that upholds the fundamental rights and dignity of the people of Kashmir.

On July 18, 2020, three innocent laborers, Imtiyaz Ahmed, Abrar Ahmed, and Mohammed Ibrar, were tragically killed ni Amshipora, Shopian. Initially labeled as Pakistani terrorists by Indian forces, their deaths were used to claim the elimination of a terror threat.

However, it was later revealed that the victims were actually cousins from Rajouri district who worked as laborers. Captain Bhupinder Singh staged the encounter for personal gain, and later sentenced to life imprisonment for orchestrating a fake encounter ni the Shopian. This incident underscores the gravity of fake encounters and the imperative for accountability and justice in such cases.

The months from January to May have also witnessed a surge in arrests, with over 3,000 civilians, including prominent figures, such as Hurriyat leader Bilal Ahmed Siddiqui, political activists, youth, students, and journalist Irfan Meraj, have been detained by Indian Army, paramilitary forces, and investigation agencies.

Many of these individuals have been subjected to the oppressive provisions of laws like the Unlawful Activities (Prevention) Act and Public Safety Act, further curbing their rights and freedoms.

Siege & Search Operations 16%

Torture Cases 23%

Sexual Assault

%3 Children Orphaned

6% Destruction of Public Properties

18% Women Widowed 5%

Human Rights Violations in loK (From lan – May 2023)

Internet Shutdown 1%

Total Killings 18%

• Total Killings

Women Widowed Sexual Assault

• Siege & Search Operations

– Destruction of Public

Properties

– Children Orphaned • Torture Cases

• Internet Shutdown

These ruthless tactics employed by the Indian state are aimed at instilling terror in the hearts of Kashmiris. However, each act of violence and every loss of life only fuels the determination and resilience of the Kashmiri people in their pursuit of freedom and self-determination.

FOUR YEARS AFTER AUTONOMY REVOCATION

The unilateral revocation of autonomy, heightened armed control, and subsequent measures implemented by the Indian government have altered and shaped the political dynamics of Kashmir, resulting in extensive destruction. Despite the claimed improvements in governance, the region continues to experience the suspension of democratic processes. The revocation of autonomy and restrictions on civil liberties undermine the ability of the Kashmiris to participate in decision-making and voice their concerns.

The absence of democratic institutions and procedures presents a challenge to the resolution of the Kashmir conflict. The government’s military approach to addressing the conflict ni Kashmir has faced criticism around the globe. The persistence of repeated attacks on civilians raises questions about the efficacy of the government’s security-focused strategy and its impact on achieving lasting peace in the region.

KASHMIRIS’ STRUGGLE FOR RIGHTS AND FREEDOMS

Kashmiris have continuously fought for their rights and freedoms with unwavering determination. Their ongoing struggle is characterized by grassroots activism, nonviolent resistance, and political engagement. This enduring fight reflects the deep-seated aspirations and grievances of the Kashmiris.

MILITARIZED OCCUPATION AND REPRESSION

The Indian state’s presence in Indian occupied Jammu & Kashmir is characterized by an intensive militarized occupation, with a staggering deployment of 1,000,000 troops in lloK. The deployment of a significant number of military personnel have contributed to a climate of fear and repression. This militarization has resulted in human rights violations, including extrajudicial killings, enforced disappearances, and arbitrary detentions.

LACK OF REPRESENTATIVE GOVERNANCE

Kashmir suffers from alack of representative governance, which undermines democratic processes and institutions. The absence of elected representatives acting on behalf of the people perpetuates a sense of alienation and fuels discontent within the Kashmiris. This governance deficit hampers the resolution of the Kashmir conflict and the addressing of legitimate grievances.

RESTRICTIONS ON INTERNATIONAL ACCESS

The non-existent international access to Kashmir poses challenges for the international community in comprehending and engaging with the Kashmir issue. Diplomatic missions, humanitarian organizations, and independent observers face obstacles in assessing the ground realities and advocating for human rights. This lack of international access exacerbates the isolation of the Kashmiri people.

ABSENCE OF BASIC FREEDOMS

In lloK, the absence of basic freedoms such as free speech, free assembly, and access to justice is a distressing reality. Restrictions on free speech stifle the expression of diverse opinions and perspectives, inhibiting the free exchange of ideas. The denial of the right to assemble freely and peacefully prevents the Kashmiri people from engaging in collective action to address their grievances.

Moreover, the absence of a fair and impartial justice system raises concerns about human rights violations and the lack of accountability for perpetrators.

OVERT FASCISM AND WAR ON CIVIL SOCIETY AND DISSENT

The Indian state’s approach towards Kashmir has been described as overtly fascist. This suggests an authoritarian regime that suppresses civil society and dissent. Kashmiris expressing dissenting views or engaging in civil society activities face targeted repression, which further exacerbates the climate of fear and stifles the democratic aspirations of the population. The crackdown on civil liberties and the stifling of dissent undermine the prospects for a peaceful resolution of the Kashmir conflict.

COMPLICITY OF POWERFUL STATES

Instead of defending the rights of Kashmiris, powerful states have abetted India ni its actions ni the region. By failing to address the plight of the Kashmiri people, powerful states have undermined the principles of justice, human rights, and self-determination.

INDIA’S G20 PRESIDENCY AS PART OF THE PROCESS

The role of India as the G20 president raises concerns about the alignment of powerful states with India’s war crimes in IloJK. By assuming the presidency of G20 summit, India may gain a degree of legitimacy and influence on the international stage.

However, it also draws attention to the potential contradiction between India’s position as a global leader and its perpetration of war crimes in lloJK. This raises ethical considerations for other G20 member states who must navigate the delicate balance between economic cooperation and the promotion of human rights.

The involvement of powerful states in abetting India’s actions ni Kashmir undermines the principles of justice, human rights, and self-determination that are the bedrock of international norms and values. It highlights the challenges faced by the international community in addressing conflicts where geopolitical interests often take precedence over human rights considerations.

The complicity of powerful states in supporting India’s policies not only prolongs the suffering of Kashmiris but also erodes faith in the effectiveness of the international system to uphold fundamental rights and freedoms. tI underscores the need for a comprehensive and impartial approach to conflict resolution, one that prioritizes the well-being and self-determination of the affected population over strategic interests.

Human Rights Report

LAND GRABBING AND SHIFTING LANDSCAPES

The data reveals a noticeable increase in the number of non-residents purchasing land in Jammu and

Kashmir over the period of 2020 to 2022. In 2020, only one person acquired land, while the numbers surged to 57 in 2021 and further rose to 127 in 2022. This trend suggests a growing interest from outside individuals in owning land in the region.

The Union Territory has witnessed a significant influx of Indian and multinational companies making investments in Jammu and Kashmir. According to the data, a total of 1,559 companies, including multinational corporations, have invested in the UT.

The figures indicate a substantial increase in investments from 310 entities in the 2020-2021 financial year to 1,074 entities in 2022-2023. The rise in land purchases by non-residents raises questions about the impact on local demographics, cultural heritage, and socio-economic dynamics.

Moreover, approximately 70 hectares of land in Gulmarg and Sonamarg has been officially designated as a ‘strategic area’ by the administration in Jammu and Kashmir. This land allocation aims to cater to the operational and training needs of the armed forces in the region.

UAPA IN INDIAN-OCCUPIED KASHMIR

Outlined below are a few circumstances that can lead to charges under Unlawful Activities Prevention Act (UAPA) in Indian occupied Kashmir.

• Journalism: In Indian-occupied Kashmir, journalists face charges under anti-terror legislation for simply doing their job, as seen in the case of Aasif Sultan, Fahad Shah and Abdul Fazli who were imprisoned for writing articles on pro-freedom Kashmiri leaders or human rights violation committed by Indian forces in lloJK.

Social Media: The government has used anti-terror laws to target social media users, with individuals summoned by the police and subjected to charges like the Unlawful Activities Prevention Act (UAPA) for expressing their opinions online.

Photojournalism: In 2020, a Kashmiri photojournalist Marat Zahra was booked under the UAPA for sharing her photographs documenting conflict and the lives of women in the region.

Raising Slogans: Individuals have been arrested and charged under anti-terror legislation for raising anti-Indian slogans during religious processions and funerals of pro-freedom leaders.

Playing Cricket: shockingly, playing a game of cricket in memory of a slain pro-freedom fighter led to the booking of students and a teacher under the UAPA for allegedly “glorifying militancy.”

Demanding the Remains of the Deceased: Seeking the return of the dead bodies of loved ones, who were victims of fake encounters, has resulted in individuals being slapped with the UAPA.

False Accusations: Innocent individuals have been wrongfully charged under anti-terror laws, such as in the cases of Faisal Magbool and Bashir Ahmed Baba.

Exposing Corruption & Land Grabs: Activists, like Abdul Bari Naik, have faced arrest and UAPA charges for exposing corruption within the government and encroachment on village land by the Indian Army.

Defending your Home against the Army: Even questioning army raids on their homes has led to arrests under the UAPA, as witnessed in the case of Samia Akhtar, a Kashmiri special police officer.

•Singing Songs About Freedom: Expressing support for freedom through songs has resulted in individuals like Sarjan Barkati facing UAPA charges and prolonged captivity.

Posing for a Photo: Naseema Bano was booked under the UAPA for a photo posing with her son, who was a freedom fighter killed by the Indian armed forces.

Cheering for the Pakistani Cricket Team: Celebrating Pakistan’s win against India in a T20 match resulted in individuals being booked under the UAPA.

SIEGE AND SEARCH OPERATIONS

The protracted and aggressive nature of the siege and search operations in various districts of 1OK highlights the persistent human rights abuses perpetrated by Indian troops. Armed with advanced weaponry, including rocket launchers, these security forces conducted extensive searches in hotels, residential buildings, and other locations. The imposition of sieges, searches, and restrictions on movement not only undermines the basic rights of the affected population but also contributes to a climate of fear and uncertainty.

By sealing off entry and exit points in villages using barbed wire, Indian forces have severely restricted the movement of the affected population. The heightened checkpoints along the Jammu-Pathankot highway have led to increased vehicle inspections and surveillance of all movements.

SEIZURE AND TORCHING OF PRIVATE PROPERTY 

The seizure and torching of private property in IOK by the State Investigative Agency (SIA) have resulted in severe hardships for the people of Kashmir. Since the revocation of Article 370 in August 2019, the SIA has conducted raids and confiscated over 100 properties, including commercial establishments, residential houses, agricultural land, and even school buildings.

These actions are viewed as collective punishment imposed bythe Indian government on the people of Kashmir. In 2022, the State Investigative Agency (SIA) in south Kashmir’s Anantnag district seized thirteen properties belonging to Kashmiri civilians

The destruction of civilian property by the Indian armed forces ni IOKhas become a disturbing norm.

These acts include burning down homes, coercing families to pour kerosene into their own dwellings, and looting valuable possessions, such as cash and jewelry, during siege and search operations. Shockingly, a staggering total of 110,498 private properties have been destroyed since 1989 due to military operations. Specifically, ni 2020, 657 homes and other public properties were destroyed, followed by 130 in 2021, and 196 in 2022, al at the hands of Indian troops.

Extrajudicial Killings

Extrajudicial Killings in OIJK (Reported Cases)

Ramzan Bhat resident of Samarbug Lasjan. The person was on his scooty when Army vehicle of Sashatstra Seema Bal hit the scooty and the person died on the spot.?

C A S E# 3

Victim Name: Faizan Yasin Dar

Resident of: Baramulla

Place of Incident: Shopian police station

Date of Incident: February ,1 2023 Agency Involved: Indian police

Testimony:

On 1st February 2023, Indian police martyredanother

Kashmiri youth identified as Faizan Yasin Dar ni Shopian

police station. The deceased person was a resident of

Baramulla, illegally detained at Shopian Police Station. The custodial killing of innocent Kashmiri youth and those killings are justified by fake news of illness and strokes.

CASE # 4

Victim Name: Shamsuddin Son of Jamaluddin

Resident of: Badr, Udhampur

Place of Incident: Udhampur, Jammu

Date of Incident: February 12, 2023

Agency Involved: Indian armed forces

Testimony:

On February 12, 2023, Indian armed forces handed over the dead body of a Kashmiri youth to their family who died ni custody of Indian forces.Shamsuddin son of Jamaluddin was brother of a Hurriyat activist Anas, he was detained by Indian army from his residence at Badr area of Mural tehsil in Udhampur in January 2023. He was interrogated and subjected to severe torture which lead to his death. Custodial killing is another human rights violation by Indian armed forces which is completely being neglected by authorities as well as human rights organizations. Thousands of Kashmiris had gone missing and martyred by Indian police and armed forces in their custody.*

CASE #1

Victim Name: Arbaz Mri SO/ Ghulam Ahmad Mri and Shahid Sheikh S/O Abdul Rashid

Resident of: Pulwama

Place of Incident: Budgam

Date of Incident: January 17, 2023

Agency Involved: Indian Armed forces and Indian police Testimony: On January 17, 2023, Indian armed forces and police jointly laid a siege and search operation and martyred two innocent Kashmiri youth ni a fake encounter. The youth were identified as Arbaz Mir and Shahid Sheikh both the residents of Pulwama district.’

CASE#2

Victim Name: Nazir Ahmad Bhat son of Mohammad Ramzan Bhat

Resident of: Samarbug Lasjan

Place of Incident: Humhama Bugdam

Date of Incident: January 28, 2023

Agency Involved: Indian Army

Testimony: On January 28, 2023, an innocent Kashmiri lost his life after he was hit by an army vehicle ni Humhama area of district Budgam. The deceased was identified as Nazir Ahmad Bhat son of Mohammad

CASE # 5

Victim Name: Agib Mushtaq Bhat

Resident of: Pulwama

Place of Incident: Awantipora

Date of Incident: February 28, 2023

Agency Involved: Indian police and armed forces

Testimony: On February 28, 2023, a joint team of Indian police and armed forces laid a siege operation ni Awantipora. In the fake encounter they martyred aninnocent Kashmiri identified as Agib Mushtaq Bhat, resident of Pulwama.

CAS#E 6

Victim Name: Zakir Nabi Bhat son of Ghulam Nabi Bhat Age: 22-year-o

Reident of Pora ni Kulgam

Place of Incident: Saudi Arabia

Date of Incident: May 16, 2023

Testimony: On May 16, 2023, a 22-year-old Kashmiri youth identified as Zakir Nabi Bhat son of Ghulam Nabi Bhat was murdered by his colleague in Saudi Arabia.

The murderer hit Zakir by JCB machine which led to his death on spot. Zakir, a resident of Kulgam of Indian occupied Kashmir was working ni Saudi Arabia and was being continuously harassed by his Hindu colleague from Asam, India.

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