Published On: Mon, Feb 1st, 2016

Need another admission from India

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By Dr. Syed Nazir Gilani –

President Pranab Mukherjee in his book titled “The Turbulent Years: 1980-96”, released at Rashtrapati Bhavan in New Delhi by Vice-President Hamid Ansari says that “The opening of the Ram Janmabhoomi temple site in Ayodhya on 1 February was an “error of judgement” by the then Prime Minister Rajiv Gandhi and the demolition of the Babri Masjid was an act of “absolute perfidy, which should make all Indians hang their heads in shame”.

The function was attended by senior BJP leader L.K. Advani, who was at the helm of the Ram Janmabhoomi movement that resulted in the destruction of the mosque. Great people inhabit this earth and their greatness impacts life around the world.  Mukherjee has emerged as a great and honest Indian. His admission is likely to do a great service to Indian image, which has been soiled by Hindu Radicals and their plans towards all non-Hindu communities living in India or placed under Indian influence. Indian Muslims, Christians, Sikhs and Dalits have a reason to believe that all is not saffron in Indian.

We need another admission

We need another admission that the use of military might in the disputed State of Jammu and Kashmir since 1990 has been an “error of judgement” and the stepping out of the roles taken upon by an Indian soldier prior to his temporary and verifiable (by a reference to free vote) admission into the State and violation of the UN Security Council Resolution restraints placed on the number, behaviour and location of the Indian soldier in Jammu and Kashmir (under Indian control) has been an act of “absolute perfidy”.

Someone has to arise from the ashes of Ganges and proclaim that hurting the people, the habitat and paradise in Kashmir has been and continues to be a crime against a people, who trusted Delhi and waived the visa restriction for their (Indian citizens) entry into the State on 31 March 1959. It did not take Delhi very long, to distance away from her pledge made at the point of admission into the Valley in October 1947, turn to ingratitude and reverse the roles by assuming control over the entry and exit of the native Kashmiris (State Subjects) and in the ultimate renege on the promise that the provisional accession would be put to the validation of a free vote of the people, under UN supervision.

There has to be someone like Mukherjee who would address the fact that New Delhi has been severely censored at the United Nations Human Rights Commission and continues to face ridicule at the Human Rights Council for her violations of human rights in Kashmir Valley. Resolution E/CN.4/1994/L.40 submitted by Pakistan. Bosnia and Herzegovina and Saudi Arabia against India on 28 February 1994 at the Human Rights Commission in Geneva on the human rights situation in Kashmir and Resolution E/CN.4/Sub.2/1997/L.21 submitted by UK Expert Mme Palley at the 49th session of UN Sub Commission on Human Rights on 20 August 1997 on Gross and Systematic violation of Indian security forces in Kashmir do not credit Indian Government any good and the people of India should look into it, before it is too late for a remorse.

The hesitance of PDP to move forward to take up the responsibilities in the alliance is a proof that even pro India political parties do not have the courage to share a shame with BJP in any betrayal of Kashmiri people. The dulcimer of ‘development’ played at one point finds no crowds to be fooled. Indian image has suffered another serious blow by the Human Rights Watch Global Report 2016 released on Wednesday 27 January 2016. In the 659-page World Report 2016, its 26th edition, Human Rights Watch reviews human rights practices in more than 90 countries. Report makes a reference to draconian powers exercised under AFSPA in Jammu and Kashmir.

There could not be anything more sinister and worrying that a military that entered the Valley to defend the territory (which it could not), protect the life, property and honour of the people, which it did not, is found to be using torture as an instrument of war against a people, it has to serve for a certain period. According to the general verified information torture is used in Kashmir to extract information, punish Kashmiri detainees, force them to become informers or join counter operation organisations. Indian forces are also engaged in extorting money from the victims’ families. A section of the Jammu and Kashmir police has used the situation to gain financial increments and promotions. Kashmiri Muslim youth has become the target population.

16 Methods of torture

It is confirmed that “The most common forms of torture include severe beatings and electric shock. Detainees’ legs are often stretched apart and they are frequently suspended from the wrists, or upside down for extended periods, which can lead to paralysis.” One of the most insidious forms of torture is the use of a heavy log or roller to apply excruciating pressure on a detainee’s legs. “…The roller is rotated over the victim’s legs with a man sitting or standing on it. To enhance the pain, sometimes the number of people over the roller is multiplied.” Extensive use of the roller frequently leads to kidney damage. Severe beatings also induce kidney failure, as can electric shock.

Use of torture in the Valley and against Muslim youth has generated a painful interest in civil society and victims. Abdul Qadeer of Voice of Victims has cited two examples, namely, Abdul Rashid Parrey from Sopore area where forces chopped his two fingers of right hand and another example of Mazoor Mir from Baramulla where Forces chopped his feet fingers. Abdul Qadeer has listed sixteen forms of torture and the most inhumane practice of pumping petrol and chili powder from the rectum and inserting an iron rod from the front private part and much more is reported by Abdurrouf Khan of Voice of Victims.

Coalition of Civil Society in Jammu and Kashmir, Hurriyat and many other groups have done a great work in highlighting the use of torture during interrogation and in particular how torture is inflicted on Kashmiri prisoners held in various prisons outside the State. JKCHR has published reports on torture in particular a report on “Women and Children, Torture, Rape and Death” circulated at the UN World Conference on Human Rights in Vienna in June 1993 and at the Press Briefing arranged by the President of the United Nations Correspondents Association in Vienna for JKCHR Secretary General during the World Conference. It was attended by delegates around the world and the delegates from India and Pakistan. Indian delegation was led by Atal Bihari Vajpayee and Pakistani delegation was headed by late Begum Nusrat Bhutto.

We need a Pranab Mukherjee

We need a Pranab Mukherjee to write about many acts of “absolute perfidy” committed against the Muslims of the Valley. A Mukherjee who would highlight the failure of Kashmiri Pandits to share the pain or to oppose the torture committed on the Muslims in the Valley. A Mukherjee who would deny a Kashmiri Pandit his volunteered or entrusted role to spy on a Kashmiri Muslim and serve as an exhibit to demonise the Kashmiri Muslim for unverifiable tales of horror. Kashmiri Pandits (few exceptions) living outside Valley have been playing an ‘onion’ at various international forums. They access a Muslim’s kind heart by throwing the bait of ‘Kashmiriat’/peace/dialogue and at the same time the second layer of the ‘onion’ plays the role of a spy. One time Kashmiri Pandit victims seen at the UN Human Rights Commission (now Human Rights Council) in Geneva or any other forum, visible or invisible, are an extinct species at these forums. The Indian magic to sell a story has no merit and does not sell well.

No Objection Certificate

Indian Government needs a No Objection Certificate (NOC) from the Government of Pakistan to be comfortable in the region and to have a role in any major formation (UN SC) at the United Nations. Pakistan can’t grant it this NOC unless Indian Government reverts to basics in Kashmir and its military is restrained as a subservient military supplement to the Srinagar Government, designated four duties and subject to United Nations restraints on number, behaviour and location, until such time that the Srinagar Government puts in place a UN Supervised administration to carry out the free vote on the future of the State. Indian Government has to account for the death of a generation of Kashmiri Muslims and pay full reparation for hurting the people and the habitat.

Neutral Government at Srinagar

It is unfortunate that Delhi has lost all its moral moorings in Srinagar and it is not even trusted by pro India political parties either. It is an error of judgement and a serious violation of UN mechanism on Kashmir if any Government at Srinagar, entrusted to carry out the Plebiscite, has a pre Plebiscite position.  In that case Pakistan was right in expressing its doubts on the Sheikh-led Government at the United Nations and justified in her demand to have a neutral Government at Srinagar. Plebiscite has to be free and fair. A Government that is pro-India can’t be trusted with the UN Mechanism on Kashmir.


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