human rights violations in kashmir essay

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Human Rights Violations in Kashmir

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The book is a comprehensive study on human rights in Kashmir in relation to the dynamics of Indo-Pakistani policies, providing a structured and interdisciplinary approach to the subject.

Whilst surveying some of the most appalling case studies of human rights abuses, the book offers a methodical analysis of the structural and structured human rights violations in the divided Kashmir and placing them in a much broader context of South Asian politics. The book examines root causes responsible for a human rights violations-prone environment and climate of impunity in which the actors perpetrate their crimes unpunished, unwrapping legal and extralegal nexus behind the crimes.

Human Rights Violations in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, human rights studies and South Asian studies.

TABLE OF CONTENTS

Chapter 1 | 4  pages, introduction, part i | 110  pages, violations of human rights in indian-administered kashmir, chapter 62 | 6  pages, human rights in indian-administered jammu and kashmir, chapter 3 | 34  pages, selected root causes and the structure of human rights violations, chapter 4 | 9  pages, documentation of the human rights abuses, chapter 5 | 19  pages, selected manifestations of the human rights violations in the valley, chapter 6 | 21  pages, human rights after article 370 abrogation, chapter 7 | 13  pages, beyond the valley, chapter 8 | 6  pages, concluding notes, part ii | 75  pages, violations of human rights in pakistani-administered kashmir, chapter 1169 | 18  pages, the frameworks of impunity, chapter 10 | 51  pages, the structure of abuse, chapter 11 | 4  pages.

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Human Rights Violations in Indian Occupied Kashmir: A Legal Perspective

2018, International Journal of Kashmir Studies

The Kashmir conflict is not only a territorial concern for India and Pakistan but along with its diplomatic, economic, legal, political and regional dynamics, it is an issue which is directly related to the intrinsic and inalienable right to life of millions of people. However, the brutal acts of the Indian government Kashmiris have been denied the right to life, property, education and significantly the right to self-determination.

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DR. MUZAFAR A H M A D DAR , INAM UL HAQ

From Magna Carta to the bill of rights, from an authoritarian regime to democratic set up, no one has declined the value of human rights. Human rights are indispensable for democratic life and realization of their best selves by human beings. They are the product of increasing levels of enlightenment and peoples; quest for equality and dignity. This paper will present the human rights violation in Kashmir through the lens of rape, crackdowns, and tortures of detainees in Kashmir. The conflict in Kashmir, which has its origin in the states disputed accession to India in 1947, sees a great violation of human rights from both countries alongside the border and stepped up their attacks, murdering, kidnapping and soon. The paper will present the current scenario in Kashmir and the work done by human rights organization like Amnesty international and Human rights watch, and also highlight the work done by NGOs and measures taken by government of India.

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javaria Nizam

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This article is about Human rights abuses in Indian-administered portion of Kashmir. Indian-administered portion of Kashmir is suffering with every moment death of human rights. Mass killings, forced disappearances, torture, rape & sexual abuse to political repression & suppression of freedom of speech have become an integral part of their day to day life. The Indian central reserve police force, border security personnel and various militant groups have been accused & held accountable for committing severe human rights abuses against Kashmiri civilians. The Kashmiri insurgents are of the view that Indian-administered portion of Kashmir is a part of Pakistan. Hence only the Pakistanis have the right to live on that land. But the question arises how far it is appropriate to create one's existence at the cost of crushing the existence of those who are quite innocent & have no fault of their own, except that they were given birth on that land. This chaos has put innumerable questions before us demanding serious attention & immediate solution.

Andi Suwirta

A BSTRACT: Kashmir is an intractable conflict between the two South Asian countries : India and Pakistan. It had affected people of tiny nation badly. Every individual suffered here in this vale of paradise which was known as the beautiful region across the globe. But its irony that due to unrest, turmoil , and cycle of violence , people lost their kiths and kens ; and because of all that , State of Jammu and Kashmir suffered a lot. This valley has seen plenty of untold stories of massive violations of human rights committed by Indian army, police , and by some of the militant groups. Since 1989, the people of Kashmir were killed, tortured, humiliated , and injured. Thousands of the people were killed due to cycle of violence prevalent in Jammu and Kashmir. Thousands of the people got injuries and they became disabled to work. Many are those who lost their beloved children’s, daughters, sisters, mothers , and some women have lost their beloved husbands, who were only the source to c...

Afghanistan. India's Mughal rulers, who conquered much of the territory in 1586, were so taken by the beauty of its landscape that they called it jannat—paradise. For the last six decades Kashmir has been a paradise lost, its people trapped in the vortex of a bitter sovereignty dispute between India and Pakistan over their lives and land. Genesis of sovereignty dispute over Jammu and Kashmir can be traced back to the British colonial period in Indian history. Jammu and Kashmir acceded to the Indian Union under very special circumstances in 1947, with Maharaja Hari Singh's hands being forced by the Pakistani-backed invasion of tribal raiders. To fight whom the maharaja needed the services of the Indian army. Because of this Jammu and Kashmir continued to witness serious human rights violations. Security forces were responsible for plenty of custodial killings. Hundreds of people have disappeared in Jammu and Kashmir since the internal armed conflict began in 1990. Civilians were often killed by security forces as retribution for killings of security forces. The Jammu and Kashmir Disturbed Areas Act; and Armed Forces (Jammu and Kashmir) Special Powers Act of 1990 provide impunity to the security forces. Under Section 6 of the Armed Forces (Jammu and Kashmir) Special Powers Act of 1990, no legal proceeding can be brought against any member of the armed forces without the permission from Central Government. This paper aims to study the main issues regarding such frequent violation of human rights, the reasons of unabated violence, human rights abuses, denial of civil and political rights, absence of mechanism of justice heightened militarization and survellience because of counter terrorism strategies in Jammu and Kashmir.

Dr Rita Pal

This is the report written by the UNHRC following a formal complaint outlined on www.kashmirhumanrights.com. This report was written by the Commissioners offuce. I was merely the human rights defender who supplied extensive data there.

Waseem Ahmad Dar

Orient Research Journal of Social Sciences

DR. MARIA SAIFUDDIN EFFENDI

The 73 years old conflict in Kashmir is defined in various ways by India, Pakistan and international authors yet none of the definition is accepted as concrete and final. Pakistan sees Kashmir in terms of an indigenous struggle of Kashmiris for their right of self-determination. It also expresses concern over constant human rights violation in Kashmir. India views Kashmir as an internal conflict and defines the freedom movement of Kashmiris as an insurgency. Kashmiris, the main conflict actor, define their struggle as a freedommovement to gain freedom from Indian governmenttoenjoy socio-political rights and consolidate their distinct identity of 'Kashmiriyat'. For the past 10 years, the violence in Kashmir has taken its most brutal form where the victims are as young as a 3 month old infant and as old as 80 + years. This study attempts to define Kashmir conflict through its technical interpretation under legal framework whether it is a struggle for the right of self-determination, or an insurgency as described by Indian government, if not then wouldthe massive scale of human killings be termed as a genocide.

Centre for Strategic and Contemporary Research

Fahad Nabeel

On 5 August, India abrogated Article 370 from its constitution through presidential order. The erasure of the Article ceased the autonomous status of Indian held Jammu and Kashmir (J&K) and bifurcated the Muslim-majority state into two union territories with Buddhist-majority Ladakh getting detached from J&K. The Indian decision of revoking Article 370 came after days of uncertainty and massive military build-up in the disputed territory. Coupled with massive military build-up, a crackdown was imposed in the state by virtually cutting it off from the rest of the world both physically and virtually. This piece of writing will analyze the violations of fundamental human rights in J&K by the imposition of crackdown through international human rights law.

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Human Rights Violation in Kashmir and the Responsibility of International Institutions

21 Pages Posted: 7 Jul 2019

Nasir Qadri

Shariah & Law International Islamic University Islamabad

Date Written: October 8, 2018

The international community’s endeavors to help resolve the Kashmir issue began only weeks after the dispute erupted in 1947. All have recognized that India, after increasing international pressure, plainly consented to the U.N mandated plebiscite, leaving the people of the state to decide their future political destiny. The United Nations passed a multitude of resolutions pressing upon Indian authority to desist from its adamant stance in order to have the conflict resolved. All have recognized that the continuing refusal of the Indian government to countenance a resolution to the Kashmir issue led to the outbreak of an insurrection against Indian rule in the Kashmir at the end of 1989. It is by the coercive and suppressive policies of India that Jammu and Kashmir and the life of its people have been reduced to that of two legged helpless creatures put under the ferocious clutches of barbaric army rule. India has ratified Geneva Convention and has even enacted Geneva conventions Act 1960, but in practice, India has decided to overlook common Article 3 in its special enactments, applicability and Supreme Court rulings. Moreover, it is normally and more extensively argued that no point has the situation in India met the thresh hold required for the application of common Article 3. Thus India has not accepted the application of Common Article 3 of the Geneva Conventions to the situations prevailing in the country. The reports on hundreds of mass graves in Kashmir, torture, hostage taking and rape have all been prominent abuses in the Kashmir conflict by security forces. Another example is Armed Forces (Special Powers) Act 1958. It enables security forces to “fire upon or other wise use force, even to the causing death” where laws are being violated. It says no criminal prosecution would lie against any person who has taken action under this act. While Article 3 prohibits killing of innocent civilians in non-international armed conflict. AFSPA under section 4(a) gives wide ranging powers to the armed forces to the extent of causing death on mere suspicion. Various reports, academic views as well as conferences have time and again highlighted the need for India to actually accept the common article 3 in practice. The judiciary has failed its duty in this context by overlooking Judicial guarantees as required by article. The situation of conflict that persists in Kashmir and the North-East explains the reason for the state’s anxiety that this matter of violence could be referred to the international criminal court. India continuously evades application of Common Article 3. Some help could have been taken from Additional protocol II were a lower threshold is found under Article 1(2) but India has not ratified the same .even, the inclusion of ‘armed conflict not of an international character’ defining war crimes in Article 8 of the statute of an ICC met with resistance from the Indian establishment. Further elements giving rise to India’s misgiving are the fear that the court might be used with political motives, the power conferred on the prosecutor to initiate investigation proprio motu and the role allotted to security council. Prosecution of Indian officers, leaders and army by ICC is an overstretch and the jurisdiction over India under the UNSC referral process is possible even if India stays out of ICC. This paper will discuss human rights violation in Kashmir and role of international institutions.

Keywords: Genocide, security council, war crimes, International criminal court, AFSPA, PSA, Human Rights violation, common Article 3 Geneva convention

JEL Classification: K33

Suggested Citation: Suggested Citation

Nasir Qadri (Contact Author)

Shariah & law international islamic university islamabad ( email ).

Srinagar Indian Occupied Kashmir House 88 G-8/2 Islamabad, IA Islamabad 4408 India +923432117349 (Phone)

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• Corpus ID: 150543685

Human Rights Violations: A Case Study of Kashmir

• Lubna Mohiuddin
• Published 2016
• Political Science, Law

6 Citations

Kashmir conflict and the advent of torture: an overview, the inception of the kashmir crisis: inquiries from a historical perspective (1931– 1947), impact of armed conflict on the youth of kashmir, the pyrotechnics of gender and terrorism in mani ratnam’s dil se, depression and anxiety among women: an analysis of kashmir valley, old imaginaries in a new frame: the politics of bollywood’s ‘social problem films’ on kashmir, related papers.

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UKPNP convention in PoJK highlights human rights violations, development issues

Written By: ANI

| Published on: Aug 25, 2024

ANI Photo | UKPNP convention in PoJK highlights human rights violations, development issues

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PTA Blocks 2,300 Websites and 180 Apps for Privacy Violations

The pakistan telecommunication authority (pta) has blocked over 2,300 websites and 180 mobile apps for privacy violations. the pta's move comes amid internet service disruptions linked to firewall implementations. a petition has been filed challenging the firewalls, citing their impact on internet speed and fundamental rights..

The Pakistan Telecommunication Authority (PTA) has taken down over 2,300 websites and 180 mobile applications for breaching privacy rules, ARY News disclosed on Friday. These platforms were found sharing users' personal data and identity information without consent.

Using deep packet inspection technology through its WMS system, the PTA monitors and controls internet traffic at the gateway level and began blocking illegal content with this new system, sources indicated. This development occurs as Pakistan grapples with internet service disruptions linked to the installation of internet firewalls at the country's primary gateways, as reported by ARY News.

Furthermore, the PTA disclosed that a fault in the submarine cable is the primary cause of the recent internet disruptions in Pakistan. Concurrently, senior journalist Hamid Mir filed a petition in the Islamabad High Court challenging the installation of firewalls, which allegedly slowed internet speeds and adversely affected the youth, crucial to the digital economy. The petition calls for halting firewall installations that could potentially impact fundamental rights, urging consultations with relevant stakeholders.

The petitioner also advocated for recognizing internet access for livelihood as a fundamental human right under the Constitution and requested a detailed report on the firewall implementation from the involved parties. (ANI)

(With inputs from agencies.)

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