Showing posts with label Jammu-Kashmir. Show all posts
Showing posts with label Jammu-Kashmir. Show all posts

Wednesday, October 20, 2010

THE JAMMU & KASHMIR PROBLEM: PARAMETERS OF A FINAL RESOLUTION

Recent unrest in the Kashmir Valley, once again has drawn attention to the Jammu & Kashmir problem. Statements of Indian, Pakistani and Kashmiri leaders reflect the same old rhetoric.


To anyone who has closely studied developments there, that the successive governments as well as political leaders of India, Pakistan, and Jammu & Kashmir are responsible for what has happened within the bounds of the former princely state, since 1947, and for what is happening there currently. Therefore, all of them need to share responsibility for finding the final resolution of the problem.


The final resolution must be long-lasting, equitable for all parties, and acceptable to the people of all ethnicities, living in all parts of Jammu & Kashmir.


Violence and wars have not only failed to resolve the problem, but also have made it worse. The final resolution must avoid any military action, violence or bloodshed. Dialog and negotiation are the best ways to reach this goal.


The final resolution must lead to a peaceful transition. In no way, it should end in involuntary dislocation of people. It should avoid replication of the human tragedy that happened in the subcontinent at the time of the Partition.


The final resolution must provide for full restoration of their properties to all those who, since 1989, have been forced out of their homes, and who, around that time, had felt compelled to do so. Also it should ensure their safe return to and residence at their former homes. Allowance must be made for their rehabilitation and that of their properties.


The final resolution must provide for a way to help people of all regions to air their past grievances in a safe and empathetic atmosphere. It will help them come to terms with the tragic events of the past, and enable them to cooperatively work with their neighbors for a better future for all.


The final resolution must allow people of each region to govern themselves in the way they deem fit, but in such a way that preserves the Kashmiriyat tradition of religious and cultural tolerance and peaceful coexistence.


The final resolution must clearly define relationship of each region with others regions as well as that with the governments of India and Pakistan. It must provide for suitable institutional mechanisms to conduct and govern these relationships, including those required for impartial settlement of future disagreements and disputes.


Lastly, the final resolution of the Jammu & Kashmir problem must be accompanied by a ‘No War/Friendship’ pact between India and Pakistan, including the following:


1. Banning of all hostile activities against each other by all government agencies, and private groups operating within their boundaries;


2. Granting each other the Most Favored Nation status with provisions for free movement of goods, people, and ideas across their mutual border; and


3. Commitment to a peaceful resolution of all outstanding and future disputes and disagreements.


by:

Dr. Pritam K. Rohila

the Executive Director

the Association for Communal Harmony in Asia

www.asiapeace.org

He can be reached at asiapeace@comcast.net

Thursday, September 16, 2010

ATTACKS IN PUNJAB & KASHMIR, UP CHURCH SERVICE DISRUPTED & VATICAN EVANGELISATION MEET

Church Burnt in Punjab:

According to media reports, an irate mob of Muslims set a church on fire on late Sunday night, September 11, 2010 in the state of Punjab. Following rumours of burning of a Quran in the US, a mob gathered and proceeded to the town's only church in Loha Bazar, shouting slogans against the US government. The mob then set furniture of the church on fire before the police intervened. H.S. Bhullar SP Sangrur district said that police reinforcement was rushed to spot after getting reports of the unrest. The district authorities imposed curfew to contain the violence. A First Information Report has been lodged under sections 295A & 307 of the Indian Penal Code. As on press time, no arrests had been made.


Christian School Gutted in Kashmir:

In a separate incident, angry mobs in north Kashmir Tangmarg town, torched a Christian missionary school of the Tyndale Biscoe and Mallinson Educational Society, the office of the social welfare department and a police vehicle on September 13. Large crowds also gathered in Shalteng, Ompora, Bemina and other places of Srinagar city, defying the ongoing curfew imposed in the wake of widespread violence, shouting pro-Quran and anti-America slogans. Pro-Islam and anti-US protests were also held at Humhama, Ompora, Shalteng, Shalimar, Newthead and other places in Srinagar. In a statement to the press, Chief Secretary SS Kapur, described as "unfortunate" the arson attack on a Christian missionary school. "We appeal to the people not to heed unverified reports about the alleged desecration of the Holy Quran which have only been aired by Press TV and no other television news channel in the world. These rumours are spread by anti-social elements with nefarious designs and people should not heed these," he said. Bishop Pradeep Kumar Samantaroy, Church of North India said that "the school students are not hurt. The building has totally burnt down. It was entirely made of wood. Though the officials were informed of a possible attack and requested for safety there was no action taken. The mob even stopped the fire brigade from reaching the spot."

Church Service Disrupted in Uttar Pradesh:

On September 12, at around 11.30 am a mob of approximately 35 members of Arya Samaj sect of Hinduism disrupted a church service in Naggal in the Saharanpur District of Uttar Pradesh. Pastor Rockwell Louis of Masih Satsang Mandali in Naggal, reported that, “while the Church service was in progress the mob entered the room where worship was conducted. They started arguing with the pastor and Church people and blaming for converting people.” Though the members tried to reason with the mob that they are following Christ in exercise of their freedom of conscience and because they have been personally blessed by Christ. The mob refused to listen and kept arguing. "Only after the police’s intervention did the mob finally leave" said Louis "they would have been violent if the police was not there." Earlier on September 5, a same group along with their leader had disturbed Church service. They accused the pastor of eating meat and converting people. The mob argued that the Bible is wrong and presents a false God. They had warned that they would return September 12 and would not allow Sunday worship service to take place.

- EFI

Fruits of Evangelization Depend on Faith & Prayer:

Vatican - At midday today Benedict XVI received participants in a congress for recently-consecrated bishops, regularly organised by the Congregation for the Evangelisation of Peoples, headed by Cardinal Ivan Dias. The Pope began his remarks by referring to the challenges they have to face, "especially in Christian communities that live their faith in difficult contexts where, apart from various kinds of poverty, they have to face persecution because of their Christian faith". In this context he reminded the prelates of their "duty to nourish people's hopes, to share their difficulties, drawing inspiration from Christ's charity which consists in care, tenderness, compassion, hospitality, availability and interest in people's problems, for which we are ready to give our lives".

Speaking then of the episcopal ministry, the Holy Father explained that "it can be understood only on the basis of Christ, source of the one and supreme priesthood in which the bishop is made a participant. .. In order to imitate Christ it is necessary to dedicate an adequate period of time to 'being with Him', contemplating Him in the intimacy of prayer. ... Remaining frequently in God's presence, being a man of prayer and adoration; these are the primary duties to which the pastor is called". After then highlighting how "the life of the bishop must be a constant oblation to God for the salvation of His Church, and especially for the salvation of the souls entrusted to his care", the Pope noted that "the office of bishop, like that of priest, must never be misunderstood in worldly terms. It is a service of love". "The acceptance and the fruit of the proclamation of the Good News are closely linked to the quality of faith and prayer. Those called to the ministry of preaching must believe in the power of God which is released in the Sacraments and which accompanies them in their duty to sanctify, govern and announce. They must believe and live what they proclaim and celebrate".

"In many cases", Benedict XVI went on to note, the prelates' communities "represent a minority presence. In these contexts the mission of the bishop is particularly demanding. Yet, it is precisely in such circumstances that, through your ministry, the Gospel can reveal all its salvific power. You must not give in to pessimism and discouragement, because it is the Holy Spirit that guides the Church and gives her ... the courage to persevere and seek new methods of evangelisation, so as to reach areas as yet unexplored. "The Christian truth", he added in conclusion, "is attractive and persuasive because it responds to the profound need of human existence, convincingly announcing that Christ is the one Saviour of all of man and of all mankind. This announcement remains valid today, just as it was at the beginning of Christianity when the first great missionary expansion of the Gospel took place".


Release By:

Joseph Dias

General Secretary, The CSF

Catholic-Christian Secular Forum

www.thecsf.org


Thursday, August 12, 2010

PEACE IN KASHMIR NOW - proposals by Dr. Leo Rebello

64th year of turmoil in Kashmir, due to blinkered vision, inept leadership, puny politics and corruption. We need permanent solutions. I offer, without prejudice, the following crystal clear blue print so that sanity returns to Kashmir once and for all.

(a) Peace loving Kashmiris should unite, serve a notice of intention on the State CM, Union Home Minister, Union Defense Minister, Prime Minister, that they would like to March Peacefully on 15th August, 2010, at the beginning of dawn, to present a Peace Memorandum to the President of India and put roses in the bayonets of various security personnel who are killing people in the name of restoring law and order in Kashmir.

(b) This Peace March will be led ONLY by women accompanied by small children of less than 10 years and hence the First Lady - the President of India should be present to welcome this Citizens Initiative and to receive the Peace Proposal of the People.

(c) Stone throwing mob who are paid Rs. 500 per day, per head, should NOT be allowed. Also, men folk and chest-thumping leaders of any political outfit should NOT be allowed in this exclusive March of women and children of J & K for Peace.

(d) If the President of India cannot attend such a historic event, then the Union Home Minister, or Union Defense Minister (both level headed leaders) and CM of J&K (who started well like Rajiv Gandhi but who is now becoming unpopular), Commanders of the Armed Forces, should receive the Flowers and People's Petition.

The People's Petition to restore Peace in Kashmir should, inter alia, state the following :-

On this solemn 64th Independence Day
* We the People of J & K declare our unequivocal unity with India.
* We will not shelter the Terrorists from across border or anyone trying to destroy our unity.
* We want India to recover POK and Aksai Chin from where all the problems are instigated by foreign powers.
* We want Peace and no terrorism and we will not allow our Heaven on Earth to turn into an open jail due to periodic curfews.
* We will not indulge in any disruptive activities and request Govts - both state and the union to help us in this resolve, by immediately arresting all suspected
terrorists / leaders who instigate and by withdrawing unnecessary army personnel.

This we resolve and demand on 15th August 2010 -- our 64th Independence Day.

This Appeal should be signed by the prominent apolitical women's leaders of (Hindu) Jammu, (Muslim) Kashmir and (largely Buddhist) Leh and Ladakh.

After unfurling the Tiranga, the President of India or the Union Home Minister and CM of J & K should receive this memorandum and read it out to the world media, and assure the people of Kashmir publicly on our 64th Independence Day that we permanently dump the divide and rule policy and make a new beginning.

Article by:
Prof. Dr. Leo Rebello
World Peace Envoy
Member, International Advisory Board- The Ground Report India

Wednesday, August 11, 2010

Competing Nationalisms and Religions and the Kashmir Conflict

‘Even if India were to pave the streets of Kashmir with gold, we would still refuse to identify ourselves as Indians,’ insisted a Kashmiri Muslim friend of mine, whom I shall call ‘Salim’, the other day. ‘Salim’ is no fervent Islamist or fiery Kashmiri nationalist. Indeed, he is completely lax in matters religious, bordering on the agnostic, and has scores of non-Muslim and non-Kashmiri or what he calls ‘Indian’ friends. Yet, like many other Kashmiri Muslims, he passionately advocates independence for his homeland. ‘We Kashmiris were never Indians, and can never accept to call ourselves so,’ he argues. He thinks the boys taking on thousands of well-armed Indian troops in the streets of Srinagar and Sopore today, armed with just stones as weapons, are being foolish—it will only result in even more tragic loss of Kashmiri life, he rues—but he resolutely believes in what they are fighting for—azadi or freedom.

Contrary to what the Indian state might insist, it is not for economic development that the Kashmiris are out on the streets protesting today. It is not for better houses, government jobs, tarred roads and regular supply of electricity that thousands of Kashmiri youth took to armed struggle two decades ago. Visitors to Kashmir are struck by the fact that the sort of endemic poverty that characterizes large parts of India is hardly visible in Kashmir—everyone has a house and at least a bit of land, and people generally look healthier and better-fed than in ‘India’—and this despite the last two decades of strife that have played havoc with the local economy. The only beggars one comes across in Srinagar are dark-skinned ‘Indians’ from Bihar, Rajasthan and Uttar Pradesh. The gangs of men and women who slave on treacherous roads up in the mountains in rural Kashmir are mainly short, snub-nosed Ho and Santal Adivasis from Chhota Nagpur. Srinagar abounds with huge mansions, unimaginable even in the most posh parts of New Delhi—it is not for nothing that Kashmir is ranked as one of the most corrupt states in India, much of the largesse provided by the Government of India to win the allegiance of the Kashmiris lands up lining the pockets of many of those who inhabit such palatial homes.

True, there are poor people in Kashmir, but, generally speaking, poverty is no way as acute in Kashmir as it is in large parts of what the Kashmiris call ‘India’. That being the case, no amount of loans, grants and income-generation projects funded by the Government of India are likely to make much of a dent in many Kashmiri Muslims’ fervent desire for independence from India or to ‘win the Kashmiris’ hearts’, to use the phrase much bandied about by Indian politicians and journalists alike. Nor are dire warnings that an independent Kashmir would hardly be able to economically survive, leave alone thrive, or assurances that it is bound to hurtle into interminable economic chaos if it joins Pakistan.

‘Man does not live by bread alone’, ‘Salim’ sagely quotes the Bible when I point all this out to him, and then again, ‘For what shall it profit a man, if he shall gain the whole world, and lose his own soul?’

If it is not for lack of jobs or out of desperate poverty that many Kashmiri Muslims continue to dream of freedom from India, then what is it that drives them in what seems to be a never-ending war against one of the mightiest armies of the world, in which, so far, they have lost more than a hundred thousand of their own? I have reduced the whole complex Kashmir imbroglio to two basic factors: Competing narratives, claims and demands of nationalism and of religion. Nationalisms and religions are total, and can be—as is so blatantly apparent in Kashmir and India—totalitarian, ideologies that brook no compromise with those, perceived as ‘enemies’, who act as foils to construct a certain identity of the national and/or religious self.

In a dominant Kashmiri Muslim reading of history, the denizens of the Kashmir Valley are seen as having a unique cultural and ethnic identity of their own, and one which demands that it be expressed in a political form—in the shape of an independent Kashmiri state. In this narrative, the historical cultural links with ‘India’ are sometimes—and, that, too, reluctantly—recognised, but these are seen as merely incidental and as having become attenuated over the centuries when the vast majority of the Kashmiris abandoned Hinduism and Buddhism and turned Muslim. The demand for a free state of Kashmir also grows out of a historical perception of being ruled by others for centuries: by the Mughals, the Pathans, the Sikhs, the Dogras, and now by the Indians—and, in so-called ‘Azad’ Kashmir, by the Pakistanis. It is also a demand based on the logic of the Partition of India that both Indian and Pakistani leaders accepted. It constantly evokes the solemn promise given to the Kashmiris by none other than India’s first Prime Minister Jawaharlal Nehru that India would honor its commitment to the United Nations to allow the Kashmiris to decide their own political future—a promise that India, sixty years on, has miserably failed to abide by despite the Indian state’s triumphal and deafening claims of being the largest democracy in the world.

On the other hand, the dominant Indian nationalist narrative has no space for a separate Kashmiri nation as a political entity. It demands that the Kashmiris must, even through force, recognize themselves as Indians and their land as an integral and indivisible part of India. The two nationalisms thus have no meeting point, and neither of them is willing to make even the slightest concession to the other.

Competing understandings of religion and religious-based identity are the other principal basis for the desire of many Kashmiri Muslims to be independent of India. This, in turn, is inextricable linked to the notion of the religious ‘other’ in dominant understandings of Islam. This notion can be construed in a positive, respectful way, but that has been the voice of only a small minority of Muslim eccentrics, mystics and modernists, who continue to remain on the fringe, often castigated as deviant and inauthentic. The dominant understanding of the religious ‘other’ in Muslim thought (globally, and not just in Kashmir) is brazenly dismissive and condemnatory. Non-Muslims are typically seen as disbelieving kafirs, followers of undistilled falsehood, and as inveterate enemies of God and of Islam and its adherents. They are believed to be doomed to eternal punishment in Hell.

The spread of conservative and supremacist versions of Islam in recent years in Kashmir, as represented, for instance, by the Jamaat-e Islami, the Tablighi Jamaat and the Wahhabi Ahl-e Hadith, has only further exacerbated these exclusivist tendencies and perceptions. Many of those associated with or influenced by such movements regard Hindus (and other non-Muslims) as deviant and Godless, and, in many cases, simply by definition as ‘enemies of Islam’ and as allegedly collectively engaged in a grand global conspiracy against the faith. Close social interaction with non-Muslims and following their ways is frowned upon, in many cases, sternly condemned, for this is seen as threatening to dilute the Muslims’ own commitment to Islam. Ideally, in this worldview, Islam and its followers must dominate over others. ‘Islam has come to dominate the world’, they insist. Not surprisingly, the idea of the Kashmiri Muslims being part of a wider Indian state that includes within its ambit people of different religions who enjoy identical rights is seen as anathema in this way of viewing the world.

Such exclusivist tendencies have received a further boost with modern communications bringing instant news of Muslims in various parts of the world, and in India itself, suffering various forms of discrimination and violence at the hands of others. Every instance of violence and discrimination directed against Muslims in other parts of India, by Hindu chauvinists often hand-in-glove with agencies of the state, reinforces many Kashmiri Muslims’ desire for independence from India at the same time as it also strengthens negative understandings of people of other faiths, particularly the Hindus. In this regard, it seems quite likely that had the Indian state taken a consistently firm line with regard to vociferously anti-Muslim Hindu chauvinist groups in India from the very outset—something that it chose not to do, thus revealing the truth of its secular pretensions—the general Kashmiri Muslims’ perception of India and the Hindus in general might not have been as adversarial as it has now become. Further, every instance of Indian state repression of the Kashmiri Muslims—which, as newspaper reports indicate, continues unabated—only further fortifies opposition to India and hardens exclusivist views about the Hindus, making prospects for peaceful reconciliation even more remote.

But, to set the balance straight, it is also true that the status of the religious ‘other’ in the general Hindu perception is by no means problematic. Over the years, I have had to suffer virulent harangues at the hands of scores of Hindus I met in Jammu who had only the choicest swear words for Muslims. In the course of a study of Hindu-Muslim relations in Doda, the only district in Jammu and Kashmir where Hindus and Muslims live in almost equal numbers, I have met with numerous self-styled Hindu sadhus—curiously enough, none of them were locals, almost all being from impoverished parts of Uttar Pradesh and Bihar—who, with some notable exceptions, uniformly thought of Muslims as impure, cow-slaying demons, and believed that Hindus ought to have nothing whatsoever to do with them. Most of them were bitterly critical of local Hindus who had enjoyed cordial relations with their Muslim neighbours for centuries. The problem of negative stereotypes about the religious ‘other’ in Kashmir is thus by no means a solely Muslim monopoly.

Islamist ideologues I have had the chance to meet in Kashmir insist that the conflict in Kashmir is not a political one. Rather, they argue—and here they strangely echo Hindu chauvinists—it is all about religion, or what they christen as a jihad. In an interview I did with him years ago, Syed Ali Gilani, the principal Islamist ideologue in Kashmir, and the man whose word seems to have become law for the mobs protesting on Srinagar’s streets today, declared that the conflict in Kashmir was one between Islam, on the one hand, and kufr or infidelity, on the other. Naturally, in a war of such cosmic proportions, there was absolutely no room for compromise. ‘For a Muslim to live in a non-Muslim dominated society’, so Gilani claimed, ‘is as difficult as it is for a fish out of water.’ As he interpreted it, Islam could not countenance the Kashmiri Muslims living with India. Islam, he went on, demanded that the Kashmiri Muslims continue to struggle for separation from non-Muslim-dominated India and to set up what he called an ‘Islamic state’. When I pointed out the dismal failure of all attempts to establish such states in other parts of the world, he simply shrugged his shoulders. ‘They may not have been successful, but least they tried. We Kashmiri Muslims are duty-bound by our faith to try likewise’, he declared.

But, what, I asked Gilani, about the non-Muslims of Jammu and Kashmir, who account for almost a half of the state’s population? Surely they were not enthusiastic supporters of his ‘Islamic state’ project? ‘Of course they will support us,’ Gilani shot back, ‘if we properly convince them of the beauty of such a state. In the Islamic state we hope to establish, all communities will have their rights, and all will be happy. There will be perfect justice for minorities. Not like Hindu-dominated India, where Muslims suffer so many disabilities.’ When I asked the same question to the late Sadullah Tantrey, former head of the Jammu unit of the Jamaat-e Islami of Jammu and Kashmir, he retorted with what I suspected was a well-rehearsed reply: ‘The Islamic state that we are fighting war will prove to be a blessing for the Hindus of our state. Indeed, it will be so just that Hindus from other parts of India will pine to flock here.’

There is, needless to say, no likelihood of non-Muslims taking these pious claims at all seriously—the writings of radical Islamist ideologues, based on their particularly skewed interpretation of Islam, about the status of non-Muslims (condemned as second-class dhimmis) as well as the practice of most Muslim states, particularly those that claim to be more religiously inclined, towards their non-Muslim minorities (Saudi Arabia, Pakistan, Iran and Afghanistan under the Taliban being the most notorious in this regard), are sufficiently odious to keep non-Muslims from probing the promises of the likes of Gilani and Tantrey any further.

How, in the face of the obvious opposition of the Hindus of Jammu and the Buddhists of Leh (and probably most of the Shias of Shia-majority Kargil) to separation from India the champions of an independent Jammu and Kashmir can continue to claim to be the sole voice of the people of the state never ceases to amaze me. Gilani and other Kashmiri Islamist leaders consistently argue that what they want is for the whole of the state of Jammu and Kashmir, including Hindu-dominated Jammu and Buddhist-dominated Leh, to secede from India and form part of an independent ‘Islamic state’ of Jammu and Kashmir or else join Pakistan. They curiously ignore the obvious contradiction in their stance in this regard—opposing what they call ‘Hindu Indian colonialism’ in Kashmir while at the same time championing what, from the point of view of the non-Muslims and non-ethnic Kashmiris, would be Muslim Kashmiri colonialism in Jammu and Kashmir. ‘You cannot munch on your kabab and want your goat, too’, they need to be told, rephrasing a metaphor in a manner these men might be more comfortable with.

Contrary to depictions in some sections of the Indian media, it is not that the Islamist project of the likes of Gilani and the Lashkar-e Tayyeba is widely shared by most Kashmiri Muslims. Not many of them, I wager, would want Kashmir to be ruled by the likes of the Taliban or even the Jamaat-e Islami. I personally know scores of Kashmiris, practicing Muslims, who vociferously insist that the radical Islamists’ version of Islam is not Islamic at all. Yet, few dare to speak out against the claims made in their name and that of their religion by the radicals: this could well cost them their lives, in the same way as speaking out against the claims of the Indian state over Kashmir has cost the lives of literally thousands of their people.

And so, trapped by competing narratives of nationalism and religion, the continuing violence in Kashmir is likely to persist—until, perhaps, human beings are able to devise more open and inclusive understandings of the bases of human association.

Article by:
Yoginder Sikand

Wednesday, June 09, 2010

India: Prosecute Soldiers in Kashmir ‘Encounter Killing’

New York

The recent killing of three men by soldiers in Jammu and Kashmir in an apparent faked encounter with so-called militants underscores the urgency for the Indian government to repeal the Armed Forces Special Powers (Jammu and Kashmir) Act (AFSPA), Human Rights Watch said today. Under the Act, which has been in force in Kashmir since 1990, soldiers may not be prosecuted in a civilian court unless sanctioned by the federal government, which is extremely rare.

Police have accused Col. D.K. Pathania and Maj. Upinder Singh of the 4th Rajput Regiment of killing three Kashmiri villagers on April 30, 2010. The military men falsely claimed that the villagers were anti-government militants and shot at the Line of Control (LOC), the effective border separating the Indian- and Pakistani-administered regions of Kashmir. The army ordered an inquiry, suspended the major, and removed the colonel from command.

"We have seen too many army inquiries, supposed suspensions, and false promises of punishment whenever soldiers are implicated in killing civilians," said Meenakshi Ganguly, senior South Asia researcher at Human Rights Watch. "But when the dust settles, the army obstructs prosecution under the Special Powers Act, and fails to deliver justice."

The army claimed that it killed three militants after it foiled their attempt to infiltrate in the Machil sector of the Line of Control, and displayed AK-47 assault rifles, ammunition, and Pakistani currency allegedly recovered from the men. Police allege, though, that a member of the Territorial Army, Abbas Hussain Shah, deliberately lured the three men - Mohamad Shafi, Shehzad Ahmed, and Riyaz Ahmed, all residents of Nadihal in Baramulla district - into army custody with an offer of jobs.

Police arrested Shah, along with two alleged accomplices, after relatives reported that the three men were missing. The police said that Shah had admitted that he took the men to a village near the border, from which soldiers transported them to the Line of Control. Shah said he was acting under orders from Major Singh. The three bodies were later exhumed and identified by their relatives in the presence of a magistrate.

"The army's narrative of shooting infiltrators is the same tired story used time and again to claim military glory," Ganguly said. "The army's special powers to operate in conflict areas are being repeatedly abused and should be withdrawn."

A government-appointed review committee recommended repealing the act in 2004 because of repeated abuse. In 2009, the Indian government promised to revise the law to ensure human rights protections, but the bill has yet to be placed before parliament. The army has resisted any curtailment of its powers under the act, particularly its immunity from prosecution, saying that it will lead to frivolous complaints and will hurt troop morale.

Human Rights Watch has documented numerous cases of faked "encounter killings."

For instance, in a 2000 case in Pathribal, the Central Bureau of Investigation filed murder charges against five army officers - Brig. Ajay Saxena, Lt. Col. Brajendra Pratap Singh, Maj. Saurabh Sinha, Maj. Amit Saxena, and Subedar Idrees Khan - for their role in abducting and killing five villagers in a staged armed encounter. The army challenged the charges under AFSPA since federal government approval had not been sought before the charges were filed. Court proceedings in the case still drag on, and none of the accused have been taken into custody or brought before a judge. According to some media accounts, some of the accused have continued to serve in the army and received promotions.

In 2007, five alleged militants killed in a joint operation in Gandherbal by the police and the army later proved to be civilians who had been abducted and murdered. Although charges were filed against the police officers involved, the army officers implicated were not handed over to the police for arrest and prosecution.

The army repeatedly claims that it prosecutes and punishes those found responsible for human rights violations in its military courts. Yet the army has never provided information to the public to support this assertion. The army has promised that the inquiry into the Machil incident will be transparent and that anyone found guilty will be punished.

"If the army is serious about punishing those responsible for this latest incident, it will transfer the suspects to the police for trial in a civilian court," Ganguly said. "Given the army's poor record in holding its soldiers accountable, there is no reason to believe that a military court can be trusted to deliver justice."

Source:
Human Rights Watch

Monday, November 16, 2009

People's Campaigning for the Repeal of AFSPA

North East Region, Jammu & Kashmir; India


RESOLUTION


We the civil society groups from Jammu and Kashmir and the North East affected by militarization and Armed Forces Special Powers Act (AFSPA) and other organizations in solidarity, having come together from 12 to 14 November 2009 at New Delhi and deliberated on the issues of AFSPA,


Taking cognizance of the prolonged imposition of the Act in one part or the other since 1958 and its adverse impact on the democratic rights of the peoples of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Tripura and Jammu and Kashmir,


Concerned that AFSPA continues to be the most important repressive tool of the Indian state that empowers even a non commissioned officer of the armed forces of union to kill on mere suspicion and provide legal immunity from prosecution, thereby causing untold misery and agony among the peoples of the affected regions,


Concerned over the importance being given to AFSPA on the part of the state in the context of the increasing militarization of the society in the sub-continent especially after 9/11 and the growing communalization of the polity in India as a whole,


Concerned over the way the media is reporting incidents of violence in J&K and the North-East by and large ignoring the assault on human rights by the guardians of law and order and broadly endorsing, in the name of 'national security', those policies of the state that militate against democratic norms and humanitarian principles.

Noting that this Act has led to gross civil and political rights violations including enforced disappearances, extra-judicial execution, torture, inhuman and degrading treatment, rape and other forms of sexual violence against women, arbitrary arrest and detention,


Further noting that the imposition of AFSPA also has severe economic, social and cultural cost including erosion of civil administration, lack of access to education, basic health care, destruction of properties and sources of livelihood, and environmental destruction,


Further noting that the continuation of the 'disturbed area' status under the AFSPA in many part of the country is illegal in view of the violation of the mandatory six monthly periodic directed by Supreme Court in its 1997 Judgment.


Further noting that the climate of impunity entrenched in these areas have led to the complete failure of the Rule of Law including non-registration of cases against the armed forces, and even if the few cases where investigations are completed the criminal prosecution is pending for want of sanction from the Central Government on the application send by the State governments,


Recalling the Government of India's own B.P. Jeevan Reddy Committee (2005), Administrative Reforms Commission headed by Veerappan Moily (2007) and Working Group on Confidence-Building Measures in Jammu and Kashmir headed by Mohammad Hamid Ansari (2007) have consistently recommended the repeal of AFSPA,


Further recalling that different committees and commissions set up by different State Governments into specific incidents of violence have also acknowledged the unbridled power the security forces enjoys under AFSPA.


Emphasizing that the regions where AFSPA has been imposed, there exist suppressed democratic aspiration of people and the prolonged imposition of AFSPA has resulted in deepening the cycle of violence, repealing AFSPA will open up the necessary democratic space for addressing the root causes of the political instability.


Therefore the collective unanimously Calls upon the Government of India


1. To repeal immediately

  • The Armed Forces (Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland and Tripura) Special Powers Act, 1958 (as amended in 1972), and
  • The Jammu and Kashmir Armed Forces Special Powers Act, 1990


2. To refrain from inserting any part of the Acts into any other legislation granting unbridled powers to the armed forces of the union or the State police.


Calls upon the people of India to support the ongoing campaign for the repeal of the Armed Forces Special Powers Act and resist the increasing militarization of democratic spaces.



Participant organizations:



Report by-

Jyotilal Longjam