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HUMAN
Vol. 8—No. 6 Bimonthly Review of Jammu and Kashmir Affairs with Human Rights Perspective
BJP’s Kashmir Policy: Past and Present
T
he BJP organized its biggest ever show
of strength in Jammu on December 24
which was attended by 70 senior leaders
of the party to emphasize the importance it
attached to the problems of J&K State. Its
leaders recalled its past (what they called)
patriotic role as against Nehru’s Kashmir policy,
which created the problems the country still
faces.
As a first-hand witness to the politics of the
State on the eve of independence and after, I
may correct the impressions of the present BJP
leaders who were nowhere near the scene at
that time.
The party, for instance, paid tributes to Pandit
Prem Nath Dogra, the leader of Praja Parishad,
the Jammu affiliate of the Bhartiya Jana Sangh,
the predecessor of the BJP, for his role in the
agitation for ‘full accession of the State in 1952.’
He, incidentally, was also the leader of the Hindu
Maha Sabha before 1947, which supported
Maharaja’s aspiration for independence of the
State, and opposed its accession to India. At that
time, it was Nehru’s initiative to cultivate Sheikh
Abdullah, who was the undisputed leader of the
Kashmiris, and whose support made accession
to India possible.
I used to have heated arguments with
protagonists of an independent State, and was
dubbed an enemy of the Hindu Raj which they
wanted to establish under the Maharaja. When
asked how would an independent State defend
itself against possible threat from Pakistan, they
would contend that brave Dogra army was
capable of giving a crushing defeat to Pakistani
army, and chase it up to Lahore.
I have no doubt about the bravery of the
Dogra soldiers; but when raiders from Pakistan
attacked Kashmir in the last week of October
1947, better armed enemy crushed a handful of
DograsoldiersledbythevaliantBrigadierRajinder
Singh at the border. Then there was no alternative
for the State except to seek armed help from
India, and to accede to it. The accession had an
overwhelming support of the Kashmiris,
organized by National Conference, the most
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ONE
www.humanrightsjournal.
Perspective
popular party of the time.
Mukerjee-Nehru-Abdullah
Correspondence
Again, Dr. Shyama Prasad Mukerjee, the
founder president of Jana Sangh, is hailed as
the martyr for the cause of India as he died in
Srinagar jail pressing ostensibly for the integration
of the State with India. He had gone to the State
to lend his support to the agitation of the Praja
Parishad for “ek vidhan, ek pradhan aur ek
nishan” (one constitution, one president and
one flag) for the country. But it is not correct to
say, as is being done, that the State government
had imposed a permit system for entry, and give
credit to Mukerjee for its abolition. The system
was imposed by the Defence Ministry of the
government of India for reason of defence.
Mukerjee was a member
of the cabinet when
Article 370 was passed.
He supported Delhi
Agreement, including
Art.370 in his letter to
Nehru in 1953
Even J&K citizens had to go to the ministry to get
a permit to enter the State. It was relaxed in case
of Dr. Mukerjee.
Mukerjee entered into a prolonged
correspondence with Pandit Nehru and Sheikh
Abdullah. He had said: “We would readily agree
to treat the Valley with Sheikh Abdullah as its
head in any special manner and for such time as
he would like but Jammu and Ladakh must he
fully integrated with India.” In reply the Sheikh in
his letter dated February 4, 1953, said: “You are
not perhaps unaware of the attempts that are
being by Pakistan to force a decision by disrupting
the unity of the State. Once the ranks of the State
people are divided, any solution can be foisted
on them.” The Sheikh further reminded the Jana
Sangh leader that he happened to be a part of
RIGHTS
Nov.-Dec., 2010
the government of India when arrangement
over J&K was made, including Article 370.
Eventually, Mukerjee agreed to withdraw the
agitation vide his letter to Nehru on February 17,
1953, “provided the implementation of the July
(1952) agreement will be made at the next
session of Jammu and Kashmir Constituent
Assembly and the principle of autonomy will
apply to Jammu and of course Ladakh and
Kashmir Valley.” Nehru reminded him that
principle of autonomy to the three regions was
a part of the July agreement. Evidently, they
could not agree on a face saving formula till
unfortunately Mukerjee died. Nehru and Abdullah
had agreed in the Delhi Agreement on autonomy
of the State within India and its three regions
within the State.
But the agitation was withdrawn on the
conditions suggested by Mukerjee. The State
government sent a draft of regional autonomy to
Durga Dass Varma, the underground dictator of
the Praja Parishad agitation which he returned
after approval. On July 1, 1953 Nehru appealed
to the Parishad leaders to withdraw the agitation
as the government had conceded regional
autonomy. The Parishad leaders were released
on July 2, and invited to Delhi to meet Nehru on
July 3 where Parishad finally announced to
withdraw the agitation as regional autonomy
had been conceded.
However, according to Balraj Madhok, who
in later years became president of the Jana
Sangh, his party had to withdraw support to the
commitments of Dr. Mukerjee and the Praja
Parishad under a directive from Nagpur (RSS
headquarters). The party and its successor the
BJP, henceforth, started a relentless tirade
against autonomy of the State and regional
autonomy. I became their main target again.
WhentheStategovernmentappointedaRegional
AutonomyCommitteeheadedbyme,JanaSangh
was the only party which refused to meet the
committee and opposed its formation in the State
assembly and outside.
(Contd. on page 6)
 November-December, 2010
Task Forces for Jammu and Ladakh—
A Counter Productive Exercise
T
hree visits of the Government of
India interlocutors to J&K State
were followed by visits of non-
official groups to Kashmir Valley to find
a possible solution to the Kashmir
problem. Lest this attention to the Valley
provoke a reaction in Jammu and
Ladakh regions, and to attend to their
grievances of neglect and
discrimination, the Government of India
appointed two Task Forces, one for
Jammu and the other for Ladakh “to
examine their development needs with
particular reference to deficiencies in
infrastructure.”
The Centre obviously did not expect
that its move would provoke such a
sharp reaction in Kashmir region which
of late is also nursing a feeling of
discrimination. Figures are being
quoted by press in Jammu and Srinagar
to show how their respective regions
have been discriminated in one field or
the other. Even if the Task Forces were
to deal with grievances of Jammu and
Ladakh, a Task Force for Kashmir was
necessary to make a comparative study.
For their grievance is against alleged
discrimination and not lack of
development as such.
To study the problem of regional
discrimination, the State government
had appointed a Finance Commission
headed by Mehmud ul-Rehman. After
four years of labour, the report it
produced accentuated the controversy
about regional disparities. 25 members
from Jammu and Ladakh quoted one
set of figure, while member from
Kashmir and chairman of the
Commission quoted another set of
figures. Both contradict each other.
Moreover, development alone does
not satisfy the urges of the people.
Share in power is not less a powerful
urge. The grievance of Jammu and
Ladakh is that the State has so far been
ruled by a Kashmiri Chief Minister,
except two and a half years when a
Ghulam Nabi Azad of Jammu headed
the government. When the Congress
projected him as its candidate for the
post, the party swept the polls in Jammu
region, except one seat.
Recently, a senior Congress leader
of Jammu demanded that the post of
Chief Minister should rotate between
Jammu and Kashmir regions, while a
TWO
minister in the State government of the
party demanded a separate Jammu
State and Union Territory status for
Ladakh as a way out of what he
described as discrimination against the
regions.
Ladakh has an additional grievance
that it is not recognized as a region in
the Constitution of the State. It is
administered by Srinagar based
bureaucracy, from which it is cut off for
more than half a year, due to heavy
snowfall on Zojila Pass that links
Ladakh and Srinagar. Thus, the Task
Force for Jammu includes its Divisional
Commissioner, whereas that for Ladakh
includes Divisional Commissioner of
Kashmir. The frustration of people of
Ladakh has led to demand for Union
Neither Interlocutors nor
Task Forces can do
justice to their
assignment without
taking note of the past
exercises about
maintaining cordial inter-
regional relations.
Territory status—a demand, mainly
raised by Buddhist of Leh. Though
Muslims of Kargil are opposed to this
demand, they equally complain against
discrimination. As Ladakh region does
not have a constitutional status, and it
has been divided into two districts of
Buddhists majority-Leh and Muslim-
majority Kargil, common regional and
ethnic identity has come to be replaced
by religious identities, giving rise to
communal tensions.
No Alternative to Regional Autonomy
As far back as in 1952, Delhi
Agreement between Pandit Nehru and
Sheikh Abdullah provided for autonomy
of the State within India and, at my
suggestion, autonomy for regions
within. Obviously, the policy makers in
Delhi on Kashmir are ignorant of the
exercises in the past to reconcile
regional aspirations
Again, when the Sheikh was leading
the Plebiscite Front, J&K State People’s
Convention convened by him in 1968,
attended by all separatist groups of
Kashmir, including present Mirwaiz’s
father Farooq, pro-Pakistan Peoples’
Conference, and Jamaat-e-Islami
unanimously approved my draft for
internal constitution of the State—
whatever be its final status. It provided
for regional autonomy, and devolution
of power to districts, blocks and
panchayats.
Regional Autonomy was also an
unwritten part of 1975 Indira-Abdullah
Agreement. Before becoming Chief
Minister, Sheikh Abdullah at a
conference of representatives of Jammu
and Ladakh reiterated his commitment
to implement Regional Autonomy. It was
also included in the National
Conference manifesto called New
Kashmir.
In my report, as head of the Regional
Autonomy Committee, appointed by the
State government, submitted to the
government in 1998, I had elaborated a
proposal for constitutional, political,
cultural and economic aspects of the
concept, after consulting best experts
in the country. I had recommended
delegation of legislative and
administrative powers to the elected
regional councils on some specific
subjects, and further devolution of
power to elected bodies at districts,
block and panchayat levels.
I had, inter alia, suggested an eight-
point objective and equitable formula for
allocation of funds which included
population, area, road connectivity,
share in State services and admission
in higher and technical education, infant
mortality, female literacy in each area
and its contribution to State exchequer.
The formula or its modified form, after
public discussion, can be computed to
determine share of funds at every level
instead of deciding it, as at present, on
political and subjective considerations.
After the funds are thus allocated, the
priorities of development and other
sectors should be decided by elected
authorities at the State, regional and
district levels on the subject.
The Interlocutors and Task Forces or
any other initiative by the government of
India can serve a useful purpose only if
ground realities are kept in view.
ll
J&K HUMAN RIGHTS Perspective
 November-December, 2010
Centralization and Regimentation in
J&K through Panchayati Raj
J
&K State government has decided
to hold elections to the Panchayats
soon. Last time Panchayat
elections were held in 2001, after 23
years. State has 2701 Panchayats out
of which 1900 went to the poll. Elections
to Panchayats in Kupwara and
Baramulla districts could not be held
due to security reasons.
Panchayati Raj implies a federal
continuum through which power
devolves from the Centre to State, and
then to District, Block and Villages. In
the case of J&K, regional tier is an
indispensable part of the federal
continuum.
Moreover, in view of the peculiar multi-
ethnic, multi-religious character of the
State, the Panchayati Raj is conceived,
in political debates on the subject not
only as a means for devolution of power
and of participatory democracy, but also
as an instrument of accommodating its
wide diversities.
J&K Panchayati Raj Act was enacted
in 1989. It was marginally amended in
2009. Despite pressure from the
Congress party, which is a coalition
partner in the government, so far there
is no clear indication that the provisions
of 73rd amendment to the Indian
Constitution, under which Panchayats
in the rest of country are formed, will be
applied to the State, except for
appointing a separate Election
Commission for the State to hold the
elections.
The 1989 Act is very regressive and
provides for very little decentralization of
power. The panchayats elected under
the Act, in fact, were soon dissolved.
This only shows that the autonomy the
State has under Article 370, which
Kashmiri leaders want to be enlarged,
is capable of being misused.
District Boards not Elected
The fears about centralization of
power through the cover of Panchayati
Raj are further confirmed by some
provisions of the State law. While the
central law provides for direct election
to all Panchayati Raj institutions, it is
not so in the State. For instance, not a
THREE
single member of the District Board,
under the J&K law, shall be directly
elected. Chairman, who is elected under
the Central law, shall be nominated by
the government.
Other members include
Chairpersons of the Block Development
Councils, Town Area Committees and
Municipal Councils in the district, and
the MLAs and MPs who would be ex-
officio members of the District Board.
Though they are elected, it is well known
that voters often choose different parties
at local, state and national levels as the
issues are different at these levels.
Members of the Assembly and the
Parliament, in their capacity as
members of the District Boards, cannot
therefore be said to represent the
wishes of the people. In many states,
where MLAs and MPs are members of
the District Boards, they have no voting
rights. But under the J&K law, they do.
At the block level also, unlike the
central law, the State Act does not
provide for direct election of any
member. It shall comprise sarpanchs
of Halqa Panchayats and chairman of
the marketing society within the
jurisdiction of the block. With the Block
Development Officer, as ex-officio
secretary, the Block Development
Council is also brought under the
influence of the government. The
government shall also have power to
nominate two members to give
representation each to women,
scheduled castes or any other class.
The Central Act provides for 33 per cent
reservation for women and, according
to the population ratio, for the Schedule
Castes, but it does not, provide for
nomination at any level. The State law
provides for nomination, but not
reservation. Further, the term other class
is vague and can be used by the State
government to nominate any person on
the Block Council to represent it. The
nominations can always ensure
majority for the ruling party.
No Gram Sabha
It is only at the Halqa Panchayat level
that all members shall be directly
elected. But even at this level, a
government employee, that is, the
village level worker, shall be the member
secretary who shall, thus, ensure
government presence at the base of the
Panchayati Raj system. Moreover, the
government shall have the power to
nominate two members on the halqa
panchayat on the same pattern as it
does on the block council.
Another flaw in the State law with
regard to the functions of the Halqa
Panchayat is that its members are not
accountable to the people after they are
elected. There is no provision for a Gram
Sabha which could act as an assembly
for the panachyat and meet once or twice
a year to pass the budget and exercise
some control on the working of the
panchayat, including the right to pass a
vote of no-confidence against the
members and elect new members in
their place.
A pre-requisite of the success of the
Panchayati Raj system is its financial
viability and autonomy. The 73rd
Amendment to the Constitution of India
also provides for appointment of a
Finance Commission by the State
Governments to make
recommendations for a) determination
of the taxes, duties, tolls and fees which
may be assigned to panchayats; b)
distribution between the State and
panchayats of the net proceeds of taxes,
duties, etc; and c) grant-in-aid to the
panchayats by the states.
J&K law neither fixes minimum
amount of grant-in-aid by the State to
the panchayats nor autonomous
machinery for objective allocation of
funds. It has no assured source of
income, either. The law, therefore, does
not ensure financial viability and
autonomy of the panchayats and leaves
enough financial power in the hands of
the State government, which it could
arbitrarily use to influence the working
of the panchayats.
Panchayat adalat is another
(Contd. on page 6)
J&K HUMAN RIGHTS Perspective
 November-December, 2010

HUMAN RIGHTS UPDATE

Incidents of human rights violations given below are such specimen in which victims
are innocent civilians, whosoever be responsible for the violations.
Amid increase in minor this regard but the case continues to remain offence, the child shall be released on bail
pending. with or without surety. If the law enforcing
detainees, juvenile prisons When contacted in this regard, a senior authority feels that the detention is necessary,
non-existent in J&K official in the department of prisons on the under the law they can only detain to keep him
basis of anonymity confirmed that no juvenile observation home, not in prison or police
SRINAGAR, Dec 22: Even as the number
prisons are existent in the State. station.
of minors detained is increasing in Kashmir,
Earlier this year, Jammu and Kashmir state The Court directed the State Government
the government is yet to come up with juvenile
government directed the divisional to take all steps required to be taken under the
prisons. The only one of its kind in Jammu and
commissioners of both Kashmir Valley and provisions of the Act and the rules to implement
Kashmir, in R.S. Pura, is also not functioning
Jammu region to identify 15 kanals of land for the Act in letter and spirit within a period of
as a juvenile home should, leaving the entire
construction of juvenile homes and courts. three months.
state without any adequate space for jailing
This information was given by secretary (Kashmir Times, December 24, 2010)
the minors.
Revenue department to a division bench of the
The minors detained under different
Jammu and Kashmir state high court on July AI Calls for release of
charges are kept in prison with other criminals.
12, 2010 in reply to two petitions filed by
No rehabilitation or special facilities are 14-year-old Kashmiri
Advocate Yawar Ali and Abdul Rashid
given to the juvenile detainees as is stated in
Hannjura, who voiced their concern that in the JAMMU, Nov 18: Amnesty International
Juvenile Act.
absence of any juvenile home in the state, has urged authorities in the Indian state of
According to the Juvenile Act, special
children booked in different cases were being Jammu and Kashmir to release a 14-year-old
‘homes’ or ‘observatory homes’ are to be
put up with criminals in different jails. child who has been detained without charge
provided for the minors. Special facilities are
The court directed the state government to or trial for seven months, for allegedly taking
to be put in place for them, besides
establish juvenile boards, juvenile courts, part in anti-government protests.
rehabilitation. However none of the provisions
separate juvenile homes and observation The authorities claim that Mushtaq Ahmad
have been implemented in the State so far.
homes in the state. Sheikh was part of a large crowd which
“There are two types of juvenile defaulter,
The Court after hearing both the sides said threw stones at police and security forces in
juvenile delinquent and neglected juvenile.
there was basic difference between Juvenile the state capital Srinagar in April, as part of the
Neglected juvenile are those who do not have
Justice Act and the ordinary law. ongoing unrest in Kashmir.
any care taker and switch to begging, stealing
The act says there should be special court Police say that Mushtaq Ahmad Sheikh is
and other small crimes. Juvenile delinquents
that must be set up under the Act to adjudicate 19-years-old but his family claim that he was
are those who commit serious crimes.
matters in which the accused are juveniles, born in 1996 and is 14-years-old. Prison
Both require different environment and
below the age of 18 years. Under the law the records reportedly confirm that he is a child.
rehabilitation which completely lacks in the
State government has to constitute one or "Mushtaq Ahmad Sheikh must either be
State.”
more Juvenile Boards for district or group of charged with a recognizable criminal offence
While quoting one of the cases of Public
districts for dealing with matters where or released immediately," said Sam Zarifi,
Safety Act wherein 13 year old was jailed
juveniles in conflict with law are dealt with. Amnesty International's Asia-Pacific Director
with other criminal, Advocate M. Ashraf Wani
Under the Act the bail provisions for young in a statement here today.
said, “The Juvenile Act does not exist
offenders are more liberal than those "If he is charged, he should be treated in
anywhere in Kashmir.”
applicable under the Criminal Procedure Code. accordance with the UN Convention on the
He revealed that some years back public
The Section 18 of the act states that whether Rights of the Child, held and tried in special
interest litigation was also filed in the court in
the juvenile commits a bailable or non-bailable facilities for children."
Mushtaq Ahmad Sheikh was first arrested
in Srinagar on 9 April. He was released on bail
Universal Declaration of Human Rights after eight days in custody and rearrested on
21 April.
His family was not officially told that he had
10 out of 30 articles the law.
been detained but found out about it through
Article 7: All are equal before the law and
Article 1: All Human beings are born free a local resident.
are entitled without any discrimination to
and equal in dignity and rights Initially held at Udhampur Jail, Mushtaq
equal protection of the law.
Article 2: Everyone is entitled to all the
Article 8: Everyone has the right to an Ahmad Sheikh is now held at Kot Balwal Jail
rights and freedoms, without distinction of
effective remedy by the competent national in Jammu.
any kind
tribunals for acts violating the fundamental Both prisons do not have special facilities
Article 3: Everyone has the right to life,
rights granted him by the constitution or by for detaining children. Prison Conditions in
liberty and security of person.
law. Jammu are harsh with limited health care.
Article 4: No one shall be held in slavery
Article 9: No one shall be subjected to In May, Amnesty International raised
or servitude; slavery and the slave trade
arbitrary arrest, detention or exile. Mushtaq Ahmad Sheikh's detention at a meeting
shall be prohibited in all their forms.
Article 10: Everyone is entitled in full with the Chief Minister of Jammu and Kashmir
Article 5: No one shall be subjected to
equality to a fair and public hearing by an and the State Human Rights Commission. To
torture or to cruel, inhuman or degrading
independent and impartial tribunal, in the date, despite their assurances, nothing
treatment or punishment.
determination of his rights and obligations
Article 6: Everyone has the right to appears to have been done.
and or any criminal charge against him.
recognition everywhere as a person before Mushtaq Ahmad Sheikh is detained under
(Contd. on page 5)

FOUR J&K HUMAN RIGHTS Perspective

 November-December, 2010
Human Rights Update...
(Contd. from page 4)
the Jammu and Kashmir Public Safety Act - a
law that allows the authorities to hold people
for up to two years without any judicial review.
(Kashmir Times, Nov 19, 2010)
102 militants active in
Jammu region
Jammu, Dec 28: At least 102 militants were
still active in various parts of Jammu region, a
top police officer said there on Monday.
“There are around 102 militants operational
across the region but police and security
forces have achieved major successes in the
anti-insurgency operations in the recent past,”
newly appointed Inspector General of Police
Dilbagh Singh told media persons.
Producing a Hizbul Mujahideen (HM)
Commander Javed Qureshi, arrested recently
from neighbouring Himachal Pradesh, before
the media, Singh said that his arrest has been
turned out as a major success for the police.
“On his disclosure we have managed to
unearth around 11 hideouts in various parts
of Doda district, from which huge quantity of
arms and ammunition has been recovered”,
he said adding. “He has also disclosed names
of around 25 Over Ground Workers (OGWs)
some of whom are women and a man hunt has
been launched to apprehend them.” He,
however, denied presence of any woman
militant in the region.
The IGP Jammu said that Ghulam Nabi alias
Javed Qureshi, a resident of Marmat area in
Doda, was killing machine and has admitted
his involvement in around 51 killings.
(Greater Kashmir, Dec 28, 2010)
Stone-Pelters join militant ranks
Police and security personnel are reporting
a sudden surge in militancy in the Valley with
a large number of local boys, who were part
of the stone-throwing mobs just months ago,
joining the ranks of militant groups, including
the Lashkar-e-Toiba.
This is ringing alarm bells in the security
establishment. For, one, this shift to the gun
comes after a sharp fall in militant violence
over the last few years. And, two, because
these boys are not crossing over the training—
but being trained here—there is an
apprehension that groups fighting the Pakistani
state across the border may also set up shop
here, changing the very dynamics of the
conflict.
Police say 150 militants are currently active
in north Kashmir alone and in addition to the
new local recruits, foreigners are also
sneaking in.
Since last summer, police say, there have
been 45 infiltration bids and 140 new militants
have sneaked in. in fact, the Sopore police is
searching for two militants from Chechnya,
FIVE
identified as Usman and Umar—the first time,
police claim, Chechens have come to operate
in Kashmir.
(Voice of Kashmir, Nov 19-26, 2010)
Won’t pelt stones if rights
violations stop: Kupwara Villagers
Interlocutors appointed by the Centre on
Wednesday got an assurance from villagers
in North Kashmir’s Langate town that they will
give up stone pelting, but only if security
forces stop human rights violation in the Valley.
A two-member team of interlocutors of
journalist Dileep Padgaonkar and academician
Radha Kumar travelled to North Kashmir’s
Butagund village near Langate town, where
independent legislator Sheikh Rashid along
with his hundreds of supporters held
interaction with them.
In the presence of interlocutors, Rashid
took an oath from assembled gathering that
they won’t indulge in stone pelting or rioting in
future, if New Delhi stops human rights violation
in Kashmir. The interlocutors spent more than
three hours with the villagers and also
interacted with the family members of slain
militants or those living in Pakistani Occupied
Kashmir (PoK).
“On their arrival we welcomed
interlocutors with three types of flags, Black,
White and Red,” Engineer Rashid told the
Indian Express. “Through the colours of these
flags we wanted to convey our sentiments to
them.” He said that black flag was for mourning
as “we have lost one lakh people in the past
two decades of violence” while white
symbolized peace and “we are ready for talks
if you want to talk sincerely.” “Red means if
you are not sincere we are not afraid of more
sacrifices,” he said.
Rashid said that the villagers also conveyed
to the interlocutors that in case they failed to
meet their conditions people will start a long
march from Langate to Red Fort. “I also told
them (interlocutors) that they should talk to
United Jihad Council (UJC) chairman Syed
Salah-ud-din as his party has also given lot of
scarifies.” Mohammad Jamal Mir, brother of a
slain militant, told the interlocutors that people
of Kashmir were forced to take up guns as no
efforts were undertaken by any central or
state government to resolve the Kashmir
dispute.
(Indian Express, Dec 23, 2010)
Lolab fake encounter
Start inquiry, SHRC tells govt
Srinagar: State Human Rights Commission
(SHRC) has directed the government to
conduct a magisterial inquiry into the alleged
fake encounter of a Kupwara man by army
personnel in 1995.
Nazir Ahmad Mir son of Sonaullah Mir of
Khurhama Lolab was allegedly picked up by
Army men from his sister’s residence at Shiva
Sopore in North Kashmir’s Baramulla district
on June 1, 1995 and later killed in a fake
encounter and labelled as a militant.
“Since there are lot of variations between
the report submitted by IGP Kashmir and the
statements of three witnesses recorded by
the SP Investigation Wing of SRHC, it is
therefore recommended to the government
that the magisterial inquiry be conducted into
the matter to ascertain the truth. Action Taken
Report (ATR) may be furnished to the
Commission for updating records”, SHRC held
in its judgment announced this week.
(Rising Kashmir, Nov 21. 2010)
21,115 arrested for
militancy in 20 yrs
Jammu: Over 20,000 people involved in
militancy have been arrested in the past two
decades in the State, a report compiled by the
state home department on Tuesday said.
“21,115 people involved in militancy and
other subversive activities, including militants,
were arrested in two decades by security
forces and police in J&K,” the report said. Out
of 21,115 arrested persons, 613 were
arrested this year up to November end, it said,
adding there was an increase in the arrests
as compared to last year’s figures of 466
arrests made by police and security forces.
Of these, 3385 persons were released under
196 Criminal Procedure Code, 4241 released
on bail by competent courts, 5133 released by
high power committees and 437 freed through
CM’s intervention, it added.
(Indian Express, Dec 8, 2010)
Young girl raped by Jawan
Jammu, Dec 9: A young girl was allegedly
raped for three days by an Army jawan after
kidnapping her in a car in Saroor area of
Kishtwar district. The rapist was absconding
while the girl managed to escape when the
boy was getting petrol filled in the Maruti car
in Doda.
Reports said a girl Darshana Devi of Saroor
was kidnapped by an Army jawan, Sonu,
posted in Pathankot who had some to his
house on leave, from the fields at village
Saroor on December 8 afternoon.
The Army jawan took the girl to Doda in his
car and kept her there in a hotel where he
repeatedly raped her. Yesterday, when the
jawan was returning to Kishtwar in the car,
the girl escaped when the accused went to
fill petrol in a pump.
The girl reported the matter at Doda police
station. However, since the girl had been
kidnapped from Saroor, police referred the
case to Kishtwar police station. The Army
jawan was absconding and hadn’t been
arrested so far. He has been booked for rape
and kidnapping at Kishtwar police station. The
girl was restored to her family after medical
examination.
(Daily Excelsior, Dec 10, 2010)
ll
J&K HUMAN RIGHTS Perspective
 November-December, 2010
Centralization and ...
(Contd. from page 3)
important feature of the new panchayati
raj law of the State, for modern system
of justice is not only very expensive and
time consuming, but is also
inaccessible to much of the rural and
far-off areas. Panchayat adalats have
been used in many states to supplement
the formal judicial system by reviving
and legitimizing the traditional system
of justice.
Panchayat Adalats Nominated
But by empowering the State
government to nominate members of the
panchayat adalat, and to remove its
chairman or any member, the new law
robs independence of the institution of
justice at the grass roots level. It
amounts to supplementing the judicial
system and the traditional system of
justice, both supposed to be
independent of the executive, by a third
sector of justice controlled by the State
government.
Jammu and Kashmir Panchayati Raj
Act does not accept the jurisdiction of
the Union Election Commission “for
superintendence, direction and control
of the conduct of elections in the State”
nor that of the Comptroller and Auditor
General (CAG) of India “for the audit of
the accounts of the panchayats” as the
73rd Amendment does for the other
States.
The State is not only independent of
the federal institutions like the Election
Commission and CAG, it has also not
made any amendment in its own
Constitution corresponding to the 73rd
Amendment in the Indian Constitution.
Such an amendment would not have
compromised the autonomy of the State,
but would have protected the interests
of the panchayati institutions against
bureaucratic encroachments by, say,
making re-election of superseded
panchayats constitutionally mandatory
and reserving a list of subjects in the
Constitution for exclusive management
by the panchayats.
Lack of trust in the people seems to
be the only plausible explanation for the
type of law the State has passed, which
is more an instrument of regimentation
and centralization than empowerment
of the people.
ll
SIX
Notes...
(Contd. from page 8)
Binayak Sen’s
Sentence—Disgrace
to Democracy
Balraj Puri, Convenor PUCL J&K
State, expressed solidarity of the
people of J&K State with widespread
protest against life sentence to the
renewed social activist and popular
doctor of Chhattisgarh Dr. Binayak
Sen for his alleged contacts with the
Maoists.
Those who have joined the
protest include a Nobel laureate,
Human Rights organizations in India
and abroad, prominent citizens of
the country, academics, jurists and
media persons—an real
combination of luminaries and
people at large in Chhattisgarh, he
said.
He recalled Dr. Sen’s
commendable work in providing
medical relief to the poorest of the
poor as also inmates of the jails,
including Maoists. Is treating ailing
Maoist prisoners, with the
permission of the jail authorities a
crime, he asked.
Having personally known close
colleagues of Dr. Sen, who is the
vice-president of the PUCL, Puri was
confident that he and his group of
selfless workers were incapable of
the crime attributed to him. To
punish such a person with as severe
a punishment as life imprisonment
was a disgrace to a democratic
country like India, he added.
The authorities were offended by
Dr. Sen’s protest against excesses
of Salwa Judum, an organization
sponsored by the Chhattisgarh
government to fight the Maoist
challenge. But he was equally
opposed to the violence of the
Maoists, Puri said. To fabricate
charges against a reputed doctor
and Civil Rights activist was, in no
case justified, he added.
ll
BJP’s Kashmir Policy ...
(Contd. from page 1)
Jana Sangh opposed Dogri
BJP leader in Lok Sabha, Sushma Swaraj
delighted her Dogra audience in Jammu by
reciting a Dogri verse “Khund Mithi Dogrein Di
Boli” (the language of Dogras is sweet), and
took credit for her party for getting the language
includedintheEighthScheduleoftheConstitution.
She may be reminded that we, in the Dogri
movement, were criticized by the Jana Sangh
for being parochial and for not accepting Hindi
as our language. The party had started a similar
campaign at that time against Punjabi and in
favour of Hindi in Punjab. A renowned Dogri poet
offered a compromise in his Dogri poem which
said, “Hindi is our grandmother while Dogri is our
mother. There should not be any clash between
the two.” However, I gratefully acknowledge
that Vajpayee and Advani when they were in
power agreed to grant constitutional recognition
to Dogri after a series of meetings I had with both
of them.
The BJP reiterated its demand for abrogation
of Article 370 at the Jammu Sammelan. It may he
pointed out that the article was included in the
Constitution, when Mukerjee was a member of
Union cabinet, and he had supported it in his
correspondence with Nehru. Again, when the
party headed the government at the centre, its
leader told Parliament that it had no power to
abrogate the article. It could only be done on the
recommendation of the State assembly. What is
the party doing to mobilize support in the State
assembly, including that of Kashmiri members?
In any case, how is the problem of Jammu
related to its abrogation, which cannot be solved
unless the region gets share in political power
that only regional autonomy can ensure?
Finally, the party leaders are misinformed
when it demanded reservation for Scheduled
Castes and Scheduled Tribes in the services.
They not only have reservation, but also a more
honoured place in the politics of the State than
elsewhere in the country.
Contributed to Regional Polarization
The net effect of the Jammu Sammelan is that
it has contributed to regional polarization. In no
case, its contribution to alienation of Muslims of
Jammu, who constitute a majority in at least four
districts of the region and sizeable minority in
others, is a service to the cause of Jammu.
Though the party no longer supports division of
the State, its Ladakh units demands Union
Territory status for it, and separation from the
State. And the demand has divided the region
into Buddhist majority Leh and Muslim majority
Kargil district, as it has absolutely no support in
the latter district.
The party has learnt and unlearnt its Kashmir
policy in the course of last sixty years. But it has
still to go a long way before it can play a positive
role in a vital State of India.
ll
J&K HUMAN RIGHTS Perspective
 November-December, 2010
Division of the State
Dangerous For All Regions
T
he big public rally of the BJP on
December 24, contributed to
regional polarization in the State.
The Congress has not contradicted
the statement of its minister Sham Lal
demanding a separate Jammu State.
Thus, while forces working on widening
the emotional gap between regions
are active, those who could bridge the
gap are far less effective. Congress is
divided and on the defensive and its
relations with its coalition partner are
not ideal.
The emotional and political tension
between the regions can have obvious
repercussions on constitutional and
administrative unity of the State, which
would be dangerous for the State as
also for each region.
If the BJP emerges, as the strongest
force in Jammu and the Congress
continues to decline in Jammu, it would
tend to divide the region as nowhere in
the country the BJP has a popular base
among the Muslims. In Jammu, they
constitute 34 per cent of the population
and constitute a majority in five out of its
ten districts. Likewise, the support for
demand for Union Territory status for
Ladakh is confined to Buddhists of Leh
district and has no visible support
among Muslims of Kargil, though they
are no less dissatisfied with what they
call Kashmiri domination. The Muslims
in the region constitute 48% of its
population.
Widening Regional Gulf
If gulf between the three regions
continues to widen and eventually
might leads to their separation from
one another, Jammu and Ladakh are
likely to be divided along communal
lines. If Muslim majority areas of
Jammu and Ladakh are forced to join
the Kashmir valley, it would also not be
good to either of them. The common
factor between them will of course be
Islam but at the cost of their distinct
ethnic and cultural identities.
The worst sufferers, in that case will
be Kashmir which has a unique
civilizational heritage. No doubt
Editor : BALRAJ PURI
Office : Karan Nagar, Jammu - 180 005 (J&K) INDIA.
Phone : 91-191-2542687, 2543556 Mobile: 94191-02055 • E-mail : balraj_puri1@rediffmail.com
SEVEN
overwhelming majority of them are
Muslims of which they are proud and
Islam has made a notable contribution
to that civilization. But Kashmir has
made no less contribution to Islam.
I am therefore convinced that it is in
the interest of all regions to remain
united. The State should aspire to be a
unique model of unity in diversity. By
now diversity has universally been
recognized as most cherished value.
But diversity can be as asset only if
aspirations of all diverse identities are
reconciled through appropriate political
and institutional measures. Otherwise
they become a source of tension as is
the case in J&K State. Thus Pandit
Nehru and Sheikh Abdullah both
agreed on my suggestion to include
regional autonomy—which in view
could reconcile diversities of the State—
in Delhi Agreement in 1952. Likewise
State People’s Convention, convened
by Sheikh Abdullah in 1968 accepted
my draft on internal constitutional set
up of the State, whatever be its external
status.
Reconciling Regional and Ethnic
Aspirations
I have tried to champion all ethnic
identities of the State, from
campaigning for constitutional
recognition of Dogri language,
organizing first Gojri conference and
Pahari conference in the State,
recognition of Ladakh as a region in
the Constitution of the State at par with
Jammu and Kashmir to a seminar on
5000 years of Kashmir.
I have also been associated with
genuine aspirations of all regions
including Kashmir. I supported anti-
monarchy movement before
independence and carried on a
campaign against dismissal and
detention of Sheikh Abdullah in 1953
and remained his friend till be returned
to power in 1975.
When in recent years Farooq
Kathwari, perhaps richest and most
influential Kashmiri, now settled in
USA, mooted the idea of division of the
Associate Editor: ELLORA PURI
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State, on religious lines and was able
to persuade the rulers of the State,
India and Pakistan of the time to
consider it, I started a relentless
campaign against it. I was able to
convince most members of the
Kashmir Study Group, on whose behalf
the formula was offered, to
disassociate with it. Kathwari himself
withdrew it. I organized a conference of
former Prime Ministers and leading
public men of the country—in Delhi and
met the then Prime Minister Vajpayee
and his deputy L K Advani. The later
admitted after several rounds of
meetings that the remedy was worse
than the disease. I also warned Syed
Ali Shah Geelani about the possible
consequences of what I called Advani-
Geelani formula. He, too, was
convinced and now no longer supports
division of the State.
— Balraj Puri
ll
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J&K HUMAN RIGHTS Perspective
 November-December, 2010
Surendra Mohan’s Death condoled
Rich tributes were paid to the
memory of the veteran Socialist
leader Surendra Mohan, who died
on December 17, at a condolence
meeting jointly organized at Jammu
by Janata Dal (S), Janata Dal (U),
Socialist Front, Samajwadi Party and
Yusuf Meherally Centre J&K Unit
under the presidentship of Sh. Balraj
Puri, a renowned socialist.
Dwelling on his personal
reminiscences, Mr. Puri, who came
in touch with the late socialist leader
in early forties in the last century,
said that Surendra Mohan was a rare
combination of intellect, dedication
and activism—a rarity in today’s
public life. He regretted that Surendra
Mohan passed away at a time when
with the decline of the communist
Mirwaiz’s Interaction with
Indian People
Balraj Puri, Convenor PUCL J&K
State, has welcomed the decision
of Mirwaiz Umar Farooq to continue
interacting with the people in
different parts of India on the issue
of Kashmir, despite some
unpleasant incidents in his recent
visit to Chandigarh, Kolkata and
Delhi. He must have realised that
those who tried to disturb his
meetings at these places were
vastly outnumbered by those who
were keen to listen to and exchange
views with him, Puri said.
He appealed to all democrats to
facilitate the process of dialogue
and demonstrate strength of Indian
democracy even if they do not agree
with the views of the Mirwaiz, as
dialogue was the best method of
resolving differences.
Puri, who was the other speaker
at the Chandigarh seminar, had
urged Kashmiri leaders to start a
dialogue with the migrant Kashmiri
Pandits for their honourable return
to the Valley as the Kashmiri identity
EIGHT
Edited, Printed and Published by Balraj Puri for Institute of Jammu & Kashmir Affairs, Karan Nagar, Jammu. Printed at ESS ESS ESS Offset Press, Wazarat Road, Jammu.
parties, particularly in their strongholds
of West Bengal and Kerala, he was
playing a crucial role in fulfilling the
vacuum by consolidating the socialist
forces.
Sh. Dhanraj Bhargotra of Janata
Dal (S) also threw light on the life and
works of Surendra Mohan as a torch
bearer of socialism.
Others who spoke at the occasion
included S. Inder M. Tar Singh Janata
Dal (U); Mohd. Shafi of Samajwadi
Party; Jai Ram Verma, State
Coordinator YMC J&K; Adv. Kazmi of
IDP; and socialist workers Jagdish
Gupta, S. Kulbir Singh, Ram Rattan
Sharma and Suresh Chander.
— Rajesh Verma
Convenor, YMC, J&K Jammu
was incomplete without them. He
also asked them to start a dialogue
with people in Jammu and Ladakh on
the status of the regions in the State,
irrespective of its external status. He
referred, in this context, to the J&K
State Peoples’ Convention convened
by Sheikh Abdullah, in 1968, as leader
of the Plebiscite Front and attended
by Mirwaiz Farooq, father of the
present Mirwaiz; Jamaat-e-Islami of
which Syed Ali Shah Geelani is a
member; and pro-Pakistan Political
Conference. Puri reminded the
present Kashmiri leaders that the
convention of all separatist leaders
of that time had unanimously
accepted his draft for internal
constitutional set up for the State
which provided for Regional
Autonomy, and further devolution of
power to districts, blocks and
Panchayats.
Puri expressed his belief that inter-
regional tension was the root cause
of all complications in the Kashmir
problem.
Institutional
Deficiencies in
Protecting
Human Rights
According to Balraj Puri, Convenor
PUCL J&K State, not much
improvement can be made in Human
Rights situation in the State without
removing glaring deficiencies in the
institutional arrangements for their
protection.
He pointed out, for instance, that
while National Human Rights
Commission has no jurisdiction in
the State, the State Human Rights
Commission, in the words of its former
chairman, was a toothless tiger
without an investigation agency and
with unfilled vacancies. While in all
other States, district authorities are
required to report to the Commission
every case of custodial death, within
24 hours, why J&K is exempted, he
asked.
Puri further pointed out that the State
Accountability Commission was
defunct for the last so many years. The
Commissioner to implement the Right
to Information Act was still not
appointed, he added. He urged the
government to take urgent steps to
remove these deficiencies to
effectively prevent human rights
violations.
Inquiry into
Qamarwari
shoot-out
Balraj Puri, Convenor PUCL J&K
State, urged the State government to
institute an independent enquiry into
Qamarwari shoot-out in view of doubt
raised about the official version,
including by the relations of the
deceased and the National
Conference MPs Shaief-ud-Din and
Mehboob Beg. Truth should be
established beyond any shadow of
doubt, he said.
(Contd. on page 6)
J&K HUMAN RIGHTS Perspective