THE ORPHAN IN DESPAIR : KASHMIR

When one thinks of a beautiful thing, it fears the curse it will imbibe, the pretty face has some dark secrets and sometimes a blessing comes with a tragedy. The shikaras takes you to a memorable journey, the haughty mountains speaks of the tales of its strength , the springs all gushing into steams lullabies you into a slumber of peace and the chinar , with its leaves glooming on the boughs as a burning fire of untold vibes.

Everyone falls in love with the heaven on earth "Kashmir". But who falls in love with its sorrows?? Well no one. No one has ever understood it and no one has ever defined the cause well.

As known for its beauty worldwide it is also known for its long abated conflict i.e. The Kashmir Conflict and most have misunderstood it. Most Indians claims it is a war between terrorists and army but is that so????

Kashmir has been like a wrenched pounding heart of a territorial dispute between India and Pakistan since the two nations gained their independence in 1947. Both claim one thing and i.e. Kashmir. In 1948 the then ruler of the princely state of Jammu and Kashmir, Maharaja Hari Singh, who was holding out for independence, acceded to India on condition that the state retain autonomy in all matters except defence, communication and foreign affairs.

The accession was provoked by the invasion of Pakistani raiders and an uprising of villagers in the western part of the state. But the fighting between India and Pakistan ended with only after U.N. intervention; since 1948 the ceasefire line has been monitored by the U.N. Military Observer Group on India and Pakistan (UNMOGIP). The far northern and western areas of the state are under Pakistan's control; the Kashmir valley, Jammu, and Ladakh are under India's control. U.N. resolutions calling for a plebiscite to determine the final status of the territory have been rejected by India, which claims that because Kashmiris have voted in national elections in India, there is no need for a plebiscite. Pakistan maintains that a plebiscite should be held. Several of the groups wanting freedom in Kashmir (called militants) have also called for a plebiscite but argue that an independent Kashmir should be an option.

On July 2, 1972, India and Pakistan signed the Simla Accord, under which both countries agreed to respect the ceasefire line, known as the Line of Control, and to resolve differences over Kashmir "by peaceful means" through negotiation. The Simla Accord left the "final settlement" of the Kashmir question to be resolved at an unspecified future date. Since then, the Simla Accord has been the touchstone of all bilateral discussions of the Kashmir issue, even though the accord itself left the issue unresolved.

India's efforts to manipulate elections in Kashmir and suppress dissent have marked Kashmir's history since 1948, but it was not until 1986 that discontent within the state found wider popular support. In that year the state's ruling National Conference (NC) party, widely accused of corruption, struck a deal with India's Congress Party administration that many in Kashmir saw as a betrayal of Kashmir's autonomy.

On January 19, 1990, the central government imposed direct rule on the state. From the outset, the Indian government's campaign against the freedom fighters was marked by widespread human rights violations, including the shooting of unarmed demonstrators, civilian massacres, and summary executions of detainees. With the encouragement and assistance of the government, some 100,000 Hindu Kashmiris, known as "Pandits," fled the valley. By May 1990, rising tension between Pakistan and India following the escalation of the conflict in Kashmir raised fears of another war between the two countries.

In late 1993, the All Parties Hurriyat Conference (APHC), an umbrella organization of the leaders of all the political and freedom fighting organizations fighting for independence, was founded to act as the political voice of the independence movement. However, rivalries within the APHC have limited its effectiveness. In the mid 1990s, Indian security forces began arming and training local auxiliary forces made up of surrendered or captured militants to assist in counterinsurgency operations. These state sponsored paramilitary groups have committed serious human rights abuses, and human rights defenders and journalists have been among the principal victims.

In May 1996, parliamentary elections were held in the state for the first time since 1989. Freedom fighting leaders called for a boycott, however, and there were widespread reports that security forces had forced some voters to go to the polls. During state assembly elections in September of that year as well, residents particularly those living in Srinagar and other cities also complained that the security forces had tried to counter a boycott by forcing some people to go to the polls. However, a large number appeared to have voted voluntarily. Following the election, the National Conference party formed the first state government since 1990. Farooq Abdullah, who together with leaders from the Congress Party had been responsible for rigging state elections in 1987, again became chief minister.

On May 11 and 13, 1998, India tested five nuclear devices, and three weeks later, Pakistan responded in kind. The tests ignited a firestorm of criticism around the world and triggered sanctions by both countries donors and trading partners. In the months following the tests, an upsurge in shelling and shooting by Indian and Pakistani troops stationed along the ceasefire line in Kashmir left over one hundred civilians dead. Following a the Indian prime minister's historic bus trip from New Delhi to the Pakistan border in February 1999, the prime ministers of both countries signed the Lahore Declaration in which they vowed, among other things, to renew talks on Kashmir and to alert each other of further arms tests. Following such a warning, on April 11, 1999, India test fired its long range Agni missile, and on April 14 and 15, Pakistan did the same with its long range Gauri and medium range Shaheen missiles. India conducted another ballistic missile test on April 16; the exchange again raised international concern about the prospects for an arms race on the subcontinent.

Kashmir has always been under the drag of power, while both India and Pakistan stand for their dominion , Kashmir still finds it hard to get the basic justice.

Parties to the Conflict

Central government forces operating in Kashmir include the Indian Army and India's federal security forces, the Central Reserve Police Force (CRPF), and the Border Security Force (BSF). The army's role in the conflict expanded in 1993 with the introduction of the Rashtriya Rifles, an elite army unit created specifically for counterinsurgency operations in Kashmir. The Rashtriya Rifles have been the main force in charge of counterinsurgency operations in Doda, Rajouri and Punch. As of June 1999, some 400,000 army troops and other federal security forces were deployed in the valley, including those positioned along the Line of Control.

In May 1999 India deployed thousands of additional troops to the Kargil region. The local Jammu and Kashmir policemen are generally not involved in counterinsurgency operations, largely because they are believed to be sympathetic to the insurgency. However, in 1995 the Special Task Force (STF) and the Special Operations Group (SOG), counterinsurgency divisions of the Jammu and Kashmir Police made up of non-Muslim non-Kashmiri recruits, including some former militants, were formed apparently to create the impression that the counterinsurgency effort had local support. These police forces frequently operate jointly with the Rashtriya Rifles.

Since at least early 1995 Indian security forces have armed and trained local auxiliary forces made up of surrendered or captured militants to assist in counterinsurgency operations. These forces, which function outside of the normal command structure of the Indian army and other security forces, nevertheless are considered state agents under international law. These groups participate in joint patrols, receive and carry out orders given by security officers, and operate in full view of army and security force bunkers and camps. Some members of these groups are even housed in military compounds. They include Ikhwan-ul Muslimoon and Muslim Mujahidin.

1. "To put things slightly in perspective , when the United States attacked Iraq , it deployed 165,000 soldiers. For India it is 700000 soldiers for Kashmir "

With 2008 and 2010 uprising the state of Human Rights violations in the Indian Occupied Kashmir can be imagined from this factual report, which says that, there have been 93,274 deaths of the innocent Kashmiri from 1989 to June 30, 2010. Besides this alarming figure of open killings by its security forces, there have been 6,969 custodial killings, 117,345 arrests, destruction, and razing of 105,861 houses and other physical structures in the use of the community as a whole. The brutal security forces have orphaned over 107, 351 children, widowed 22,728 women and gang raped 9,920 women and young girls. In June 2010 only, there have been over 40 deaths including four children besides, torturing and injuring 572 people. The brutal Indian security forces molested eight women during this one month. By committing this much human rights violations so far, India is trumpeting its success in the Kashmir, which indeed, is the real cause of fresh uprisings. But who speaks of it no one.

2. National Human Rights Commission and the Jammu and Kashmir Human Rights Commission.

It has to ensure the victims and their families’ right to truth by involving the victim and their families at every stage of a Commission led enquiry, particularly if the complaint was filed by a third party and not the victim or their immediate family. It has to preserve the right of the family to choose whether to proceed with an enquiry and what information is placed in the public domain at all times. It never happened and all the custodial killings and disappearances of innocent people have been staged as a war of terrorists and army.

IRFAN GANAI CASE :

More recently, army authorities have refused to cooperate with police investigations in the case of 17 year-old Irfan Ganai’s death on 30 June 2013. Irfan Ganai was sleeping at his cousin’s house on the night of 30 June 2013 in Markundal village, Ganderbal district, when he and his older cousin, Reyaz, woke to the sound of gunshots outside the house. There had been a series of livestock thefts in recent weeks, so they went outside to investigate. “Irfan went a few steps ahead of me,” Reyaz recounted. “We didn’t see the army personnel that surrounded the house. Nobody’s lights were on, so we couldn’t see.”Suddenly, Reyaz heard a gunshot and saw Irfan collapse in front of him, blood seeping through his shirt where the bullet had hit him. He was dead when he hit the ground.

JUSTICE DONE : NILL

THE ZAHID FAROOQ SHEIKH CASE :
“We will fight as long as we can. As long as the courts allow us to appeal, we will appeal over and over again, even if it takes another decade.”
Farooq Sheikh, father of 16-year-old Zahid Farooq Sheikh, who was killed by security forces in 2010.

JUSTICE DONE : NILL

THE JAVAID MAGRAY CASE :

“If the Army knew they would be charged, and will have to go to court and be prosecuted, they will think ten times before they pull their triggers on an innocent.The AFSPA is a like a blank cheque from the government of India to kill innocents like my nephew. He was only 17 years old.”
Mohammad Amin Magray, Uncle of Javaid Ahmad Magray.

JUSTICE DONE : NILL

THE PATHTRABAL CASE :

“The night they took my father, I was sleeping upstairs. I remember hearing the army personnel barge in and ask for someone to show them the way through the fields. My father was not very well, so I ran downstairs and offered to show them. But the army officer said: ‘No, don’t take him, the children are too young. Take the father.” Abdul Rasheed Khan, son of Juma Khan, who was allegedly killed in an extrajudicial execution in 2000.

JUSTICE DONE : NILL

And their are thousands of such cases which were not even talked about, Kashmir has been crying for help for more than 3 decades and there is no one to hear. Healing touch , monetary establishments and jobs , electricity wont suffice to what it has faced and is still facing.

2016,with Burhan Wani's killing , thousands marching his funeral and a month unrest with 60 killings and more than 4000 casualties shows what Kashmir wants , it wants to be free of atrocities , free from being caged , free from being abused.

People have lost families, lost their sons , daughters have been molested , and people are blinded. The harm of soul has made us dead and in our pain , there is no one to hear the screams , the screams of HELP, the screams of freedom from the cage. To me I don't want INDIA , I don't want PAKISTAN , I don't want anyone's dominion as I want JUSTICE. If INDIA claims that Kashmir is an integral part of it , then why kill innocents , why have draconian laws like APFSPA , why blind people, why torture students ??? Where is Humanity ??? Alas Humanity died.

I whispered shadows that what if you feel the pain and why did you leave the despair of life
the shadow said that my body left me it was pelleted it was torn and bruised , I left it but alas I am not more in gain
I wander to see if am alive , I wander to see a soul
but no only dead , only corpses and only the life death bargain...
I hear the screams of mothers , I hear the pain of trauma who listens though for the people has now even ceased to complain.