Human rights

abuses in Kashmir

Human rights abuses in Kashmir is an

issue connected to the territory's
disputed and divided status with respect
to the conflict between India and
Pakistan. The issue pertains to abuses in
both the region administered by India
(Jammu and Kashmir) and the region
administered by Pakistan (Azad Kashmir
and Gilgit-Baltistan), particularly since
the beginning of the dispute in 1947 after
the partition of India.

Indian Administered
Kashmir
Line of Control

The Line of Control (LOC) is a military

control line between Indian and
Pakistani-controlled parts of Kashmir.
The line does not constitute a legally
international boundary but it is a de facto
border, designated in 1948 as a cease-
fire line, it divided Kashmir into two parts
and closed the Jehlum valley route, the
only entrance of the Kashmir Valley. This
territorial division which, to this day still
exists severed many villages and
separated family members from each
other.[1][2] The landmines planted by the
Army alongsides of the line have killed
scores of innocent people and left
thousands as disabled. Without
compensation, these disabled persons in
the Indian Kashmir are fighting for the
survival.[3]

During 2008 Kashmir unrest, the Hindu

extremist groups and the supporters of
Bharatiya Janata Party blocked the
Srinagar-Jammu National highway (NH
1A). The only national highway which
connects Kashmir Valley to the rest of
India remained closed for several days
and stopped the supply of essential
commodities.[4][5][6] In response to the
blockade, on 11 August 2008, under the
leadership of Sheikh Abdul Aziz, 50,000
to 2,50,000 Kashmiri protesters
attempted to cross the Line of Control to
Muzaffarabad. The protesters were
stopped at Uri which resulted in killing of
fifteen people and hundreds injured when
police and Indian paramilitary forces
fired on them.[7][8][9] A slogan raised by
the protesters was, Khooni lakir tod do
aar paar jod do (Break down the blood-
soaked Line of Control let Kashmir be
united again).[10]

Jammu and Kashmir

Human rights abuses in Jammu and
Kashmir, a disputed territory
administered by India, are an ongoing
issue. The allegations range from mass
killings, forced disappearances, torture,
rape and sexual abuse[11] to political
repression and suppression of freedom
of speech. Several massacres have
taken place in the region since 1990. The
Indian Army, Central Reserve Police
Force, Border Security personnel and
various militant groups have been
accused and held accountable for
committing severe human rights abuses
against Kashmiri civilians.[11][12][13] A
WikiLeaks issue accused India of
systemic human rights abuses, it stated
that US diplomats possessed evidence
of the apparent widespread use of
torture by Indian police and security
forces.[14]

Indian security forces

In September 1990 the Armed Forces

(Special Powers) Act was enacted in
Jammu and Kashmir after passing in the
Parliament of India to handle the rise in
Kashmir Insurgency.[15] Human rights
group Amnesty claim that the special
powers under (AFSPA) gives the security
force immunity from alleged violations
committed,[16][17] and condemn
it.[18][19][20] United Nations High
Commissioner for Human Rights
Navanethem Pillay has urged India to
repeal AFSPA and to investigate the
disappearances in Kashmir.[21]

On 26 February 2009 the Chief Minister

stated the act should be repealed, the
security forces however said that
revoking the act would be detrimental to
security and help terrorist moral, though
the militancy has declined the act is still
in force[22] International NGO's as well as
the US state department have
documented excesses such as
disappearances, torture and arbitrary
executions carried out during India's
counter terrorism operations.[23]
Human rights watch has also accused
the Indian security forces of using
children as spies and messengers,[11]
India army have targeted reporters and
human rights activists, they have also
been accused of committing over 200
rapes in an attempt to intimidate the
local population.[24][25] Wikileaks cables
are reported to contain material stating
that the International Committee of the
Red Cross briefed US officials in India,
alleging that India "condoned" torture
and that "sexual penetration" formed part
of the maltreatment of victims. The ICRC
alleged that of the 1296 detainees
interviewed, 681 had reported of being
tortured. Of those, 304 individuals
complained of sexual torture/abuse.[26]

In 2005 Médecins Sans Frontières

conducted a survey in Kashmir which
found that the number of people who
had witnessed a rape in Kashmir since
1989 was comparably far higher than the
number of people who had witnessed a
rape in other conflict zones such as
Chechnya and Sri Lanka.[27] The survey
found that 13% of respondents had
witnessed rape and 11.6% of the
interviewees had themselves been
victims of sexual abuse since
1989.[28][29][27] Dr Seema Kazi states that
rapes committed by Indian security
forces outstrips the rapes committed by
militants in both scale and frequency.[30]
Professor William Baker stated at the
52nd United Nations Commission on
Human Rights that rape in Kashmir was
an active strategy of the Indian forces to
humiliate Kashmiri people.[31]

In April 2002, authorities in Indian-

administered Kashmir arrested three
Indian paramilitary soldiers following the
gang rape of 17-year-old girl.[32] In July
2011, there were anti-India protests in
Srinagar against the alleged rape of a 25-
year-old village woman in the village of
Manzgam.[33]
In October 2011, the Chief Minister of
Jammu and Kashmir apologised for the
release of names, parentages and
addresses of 1400 rape victims.
However, no details were revealed as to
whether the rapes were by security
forces, militants or part of crime.[34]
Liaquat Ali Khan, an academic writer
considers that these excesses in
Kashmir do not have official sanction
but are easy to commit because of the
powers, to cordon and search villages
and suburbs, that are vested to security
forces by the law.[35] The authorities use
association with terrorists to discredit
the testimony of the victims, in case the
association is established.[36] The
security forces have carried out
extrajudicial killings, assaults and other
human rights violations.[25] An
investigation by the Jammu and Kashmir
state human rights commission has
found 2730 bodies in unmarked graves
at 38 sites in northern Kashmir. At least
574 of these were identified as being
local people.[37]

Militants

The rapes by Islamic militants have been

reported since the Indo-Pakistani War of
1947. On 22 October 1947, Pashtun
militants invaded Baramulla in a
Pakistan army truck, and raped women
including European nuns.[38] In March
1990, the wife of a BSF inspector was
kidnapped, tortured and gang-raped for
many days. Then her body with broken
limbs was abandoned on a road.[39] On
April 14, 1990, a Kashmiri Pandit nurse
from the Sher-i-Kashmir Institute of
Medical Sciences in Srinagar was gang-
raped and then beaten to death by
terrorists. Jammu Kashmir Liberation
Front (JKLF) took responsibility for the
crime, accusing Bhat of informing the
police about the presence of militants in
the hospital.[40][41] On 6 June 1990, a lab
assistant at the Government Girls High
School Trehgam, was kidnapped and
gang raped for many days. Then she was
sliced at a sawmill.[42]
Prana Ganjoo was abducted with her
husband in Sopore. She was gang-raped
for a number of days before the both
were killed in November 1990.[43]

Since 1991, reports of rape by Islamic

militants have increased, and there have
been many cases of the militants
threatening to kill the family unless a
woman is handed over to the militants.
According to the HRW, the rape victims
of militants suffer ostracism and there is
a "code of silence and fear" that prevents
people from reporting such abuse.
According to the HRW, the investigation
of case of rape by militants is difficult
because many Kashmiris are reluctant to
discuss it for the fear of violent
reprisals.[40] The increase in number of
rape cases has resulted in an increased
number of abortions, leading to one case
of murder of doctor. The doctor was
accused of being an informer by the
Islamic groups Hezb-ul Mujahidin and Al
Jehad.[40] In January 1991, a women was
forcibly asked to "marry" a militant. Her
brother was killed when the family
refused, and the girl was taken away.[39]
On 30 March 1992, armed militants
demanded food and shelter from the
family of the retired truck driver in Nai
Sadak, Kralkhud. The family complied,
but the militants killed the owner and
raped his daughter and wife. Then both
the women were also shot dead.[40]
Another women was forced to marry the
Hizb-ul-Mujahideen commander Farooq
Ansari in Kishtwar in 2000. In 2005, a 14-
year-old Gujjar girl was abducted from
Lurkoti village by the Lashkar-e-Taiba
militants, and forced to marry one of
them. She was gang-raped by her
"husband" and his militant friends.[44] In
December 2005, 15-year-old of Bajoni
(Doda district) was forced to marry a
Hizb-ul-Mujahideen militant, after her
family was threatened with death.[44]
Periodic reports by Amnesty,
International Commission of Jurists,
Human Rights Watch and the US state
department have documented massive
human rights violations by militant
groups supported by Pakistan.[23]

Violence against Hindus

During the eruption of militancy in

Kashmir valley, terrorism by majority
sect has specifically targeted the Hindu
Kashmiri Pandits minority and violated
their human rights.[45] Reports by Indian
government state 219 Kashmiri pandits
were killed and around 140,000 migrated
due to militancy while over 3000 stayed
in the valley.[46][47] Reports from Amnesty
International, Human Rights Watch and
the International Commission of Jurists
confirmed Indian reports of systematic
human rights violations by Pakistan-
backed militants.[23]

According to a report published by Asia

Watch:

In Kashmir, the militant forces

do not control territory and
their military operations are
generally characterised by
ambushes of government
forces and hit-and-run attacks
for which they rely on weapons
such as AK-47s, grenades,
mines and other small arms.
However, the guerrillas
 command considerable
support throughout the valley
and may take refuge among
local civilians following these
operations. Unable to locate or
identify the militants,
government forces routinely
respond to the attacks by
retaliating against entire
villages, killing and assaulting
civilians and destroying their
property.[48]

According to a resolution passed by the

United States Congress in 2006, Islamic
terrorists infiltrated the region in 1989
and forced most of the Kashmiri Pandits
to flee Kashmir. According to the report,
the population of Kashmiri Pandits in
Kashmir had declined from 400,000 in
1989 to 4,000 in 2011.[49]

These groups targeted the Hindus in the

Kashmir valley forcing an estimated
100,000 to flee.[24][50]

The Jammu Kashmir Liberation Front

have been accused of ethnic cleansing
by using murder, arson and rape as a
weapon of war to drive out hundreds of
thousands of Pandits from the
region.[23][51] On 25 January 1998, 23
Kashmiri Pandits, including nine women
and four young children living in the
village of Wandhama, were killed by
unknown persons wearing the uniforms
of Indian Army soldiers, who had tea
with them, waiting for a radio message
indicating that all Pandit families in the
village had been covered. Thereafter, they
rounded up all the members of the Hindu
households and then summarily gunned
them down with Kalashnikov
rifles.[52][53][54][55]

Hindu civilians have been subjected to

rape and murder perpetrated by
members of terrorist organisations like
the JKLF and the Hizbul Mujahideen.[56]
Muslim civilians who are considered
political opponents of terrorists or those
who are believed to be informers have
also been raped or murdered.[57]

Pakistan-administered
Kashmir
Azad Kashmir

Pakistan, an Islamic Republic, imposes

multiple restrictions on peoples' religious
freedom.[58] Religious minorities also
face unofficial economic and societal
discrimination and have been targets of
sectarian violence.[58]

The constitution of Azad Kashmir

specifically prohibits activities that may
be prejudicial to the state's accession to
Pakistan, and as such regularly
suppresses demonstrations against the
government.[58] A number of Islamist
militant groups operate in this area
including Al-Qaeda, with tacit permission
from Pakistan's intelligence.[58]

There have been allegations of human

rights abuse. A report titled "Kashmir:
Present Situation and Future Prospects",
which was submitted to the European
Parliament by Emma Nicholson,
Baroness Nicholson of Winterbourne,
was critical of the lack of human rights,
justice, democracy, and Kashmiri
representation in the Pakistan National
Assembly.[59] According to the Human
Rights Commission of Pakistan,
Pakistan's Inter Services Intelligence
operates in Pakistan-administered
Kashmir and is involved in extensive
surveillance, arbitrary arrests, torture,
and murder.[58] Generally this is done
with impunity and perpetrators go
unpunished.[58] The 2008 report by the
United Nations High Commissioner for
Refugees determined that Pakistan-
administered Kashmir was 'Not free'.[58]
According to Shaukat Ali Kashmiri,
chairman of the International Kashmir
Alliance, "On one hand Pakistan claims
to be the champion of the right of self-
determination of the Kashmiri people,
but she has denied the same rights
under its controlled parts of Kashmir and
Gilgit-Baltistan".[60]

In December 2009, activists of

nationalist Kashmiri groups staged a
protest in Muzaffarabad to condemn the
alleged rigging of elections and killing of
an 18-year-old student during the
elections. The killing had led to
widespread protests in the district.[61]

Large protests erupted during the

February 2012 Kohistan Killings where
18 people were ordered off from a bus
and killed by gunmen on the Islamabad-
Gilgit route. The act drew condemnation
from the UN Secretary-General Ban Ki-
moon.[62]

Gilgit-Baltistan

The main demand of the people of Gilgit-

Baltistan is a constitutional status to the
region as a fifth province of
Pakistan.[63][64] However, Pakistan claims
that Gilgit-Baltistan cannot be given
constitutional status due to Pakistan's
commitment to the 1948 UN
resolution.[64][65] In 2007, International
Crisis Group stated that "Almost six
decades after Pakistan's independence,
the constitutional status of the Federally
Administered Northern Areas (Gilgit and
Baltistan), once part of the former
princely state of Jammu and Kashmir
and now under Pakistani control,
remains undetermined, with political
autonomy a distant dream. The region's
inhabitants are embittered by
Islamabad's unwillingness to devolve
powers in real terms to its elected
representatives. The rise of sectarian
extremism is an alarming consequence
of this denial of basic political rights".[66]
A two-day conference on Gilgit-Baltistan
was held on 8–9 April 2008 at the
European Parliament in Brussels under
the auspices of the International
Kashmir Alliance.[67] Several members of
the European Parliament expressed
concern over the human rights violation
in Gilgit-Baltistan and urged the
government of Pakistan to establish
democratic institutions and rule of law in
the area.[67][68]

In 2009, the Pakistan government

implemented an autonomy package for
Gilgit-Baltistan which entails rights
similar to those of Pakistan’s other
provinces.[63] Gilgit-Baltistan thus gains
province-like status without actually
being conferred such a status
constitutionally.[63][65] The direct rule by
Islamabad is replaced by an elected
legislative assembly and its chief
minister.[63][65]
There has been criticism and opposition
to this move in Pakistan, India, and
Pakistan administrated Kashmir.[69] The
move has been dubbed as an eyewash to
hide the real mechanics of power, which
allegedly are under the direct control of
the Pakistani federal government.[70] The
package was opposed by Pakistani
Kashmiri politicians who claimed that
the integration of Gilgit-Baltistan into
Pakistan would undermine their case for
the independence of Kashmir from
India.[64] 300 activists from Kashmiri
groups protested during the first Gilgit-
Baltistan legislative assembly elections,
with some carrying banners reading
"Pakistan's expansionist designs in
Gilgit-Baltistan are unacceptable".
However, many people of Gilgit-Baltistan
oppose integration into Kashmir. They
want their region to be merged into
Pakistan as a separate province.[64]

In the book, Gilgit-Baltistan and Its Saga

of Unending Human Rights Violations,
Alok Bansal elaborates on sectarian and
ethnic marginalisation, absence of
political rights, lack of representation in
governance and economic exploitation
in the region.[71] In 2018, Senge H Sering,
president of the Institute for Gilgit
Baltistan Studies, Washington DC, said
that large parts of Gilgit-Baltistan are
under the control of Pakistan's Inter-
Services Intelligence (ISI) and are used
as terror centers.[72][73]

See also
Human rights in India
Human rights in Pakistan
Kashmir conflict
Peacebuilding in Jammu and Kashmir

Bibliography
Bansal, Alok (2018). Gilgit-Baltistan
and Its Saga of Unending Human
Rights Violations. Asian Eurasian
Human Rights Forum. Pentagon Press
LLP. New Delhi. ISBN 9789386618610

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