Kashmir boils

The recent disturbances and killings of scores of civilians in Kashmir made me read a book about Kashmir once again. The book 'Curfewed Night' written by a Kashmiri journalist Basharat Peer published in 2008 is a disturbing account of the life of Kashmiris.in Independent India.

  The first part of the book deals with the early childhood of the author in Kashmir.Kashmir was peaceful then and armed militancy has not started yet.Later he describes how the deep sense of injustice fueled street wide protests after the rigged elections of 1987 and Gawkadal Bridge massacre by CRPF in January 1990. This went on to trigger armed militancy.

Now in 2010 history it seems is repeating itself. Kashmir is on the boil and  a deep sense of injustice prevail among the civil society of Kashmir.The shouts of 'Freedom' reverberates. Instead of the armed militants funded by ISI it is the stone throwing Kashmiri youth who are in fore front protesting against the high handedness of security forces.
As Kashmiri journalist  Dilnaz Boga writes

Even schoolchildren have been shot in the streets during protests – 11 during June alone, with more deaths in July, indicative of the extent to which the militarisation of the Valley has impacted normal life. Despite the lack of a visible insurgency, the military apparatus continues to remain all-powerful. With the paramilitary Central Reserve Police Force (CRPF) not equipped to deal with civilians – as stated by no less an authority than E N Rammoham, former inspector-general of Kashmir – the repercussions of the heavy presence of military and paramilitary forces are being felt across the Valley. 


Yesterday was the bloodiest day in recent history of Kashmir with 7 civilian deaths. The spiral of violence is continuing with each death creating more protest marches and more firing by security forces. Protesters are becoming more violent attacking Government buildings and vehicles and storming Police Stations.

Situation is completely out of control of the Government and political leadership, both in Delhi and Srinagar has been found clueless how to control the situation.

Indian mainstream media is gagged and most of the truth are not coming out.
 
Sanjay Kak a documentary filmmaker based in Delhi. the maker of Jashn-e-Azadi (2007) about Kashmir writes

The CNN-IBN correspondent, happily embedded inside an army truck as it made its way through Srinagar, was extolling the impact of the flag march (even as an official was busy denying that there had been any such thing). NDTV provided its usual high-wire balancing act, with Barkha Dutt dredging up the ‘pain on both sides’. The grief of the mourning father of 17-year-old Tufail Mattoo, killed when his skull was taken apart by a teargas shell, was weighed against a Central Reserve Police Force (CRPF) commandant ruing the damage to his truck’s bulletproof windscreen. But such expedient journalism paled before far more damaging hubris. While these ‘national’ reporters had the run of curfew-bound Srinagar, they omitted to mention that their Srinagar-based colleagues – local, national and even international journalists – had been locked in their homes and offices for three days

The lack of objective coverage by media is one of the reason for lack of protests against civilian killings from rest of India.Other reason may be the cry of 'Azadi' from the Kashmiri protesters which make them less acceptable to rest of Indians.But prominent Indian Civil Rights activists have issued an appeal to stop violence against unarmed civilians in Kashmir.

Why the Kashmiri youth is angry? What do they want?

Sanjay Kak writes

Most of all, even before azadi, they want justice. As they watched the Indian Army columns moving through Srinagar last month, Kashmiris would have been reminded that the protests this summer started with the Army in the killing fields of Machil., where soldiers of the Indian Army (including a colonel and a major) were charged with the murder of three civilians, presenting them as militants for the reward money So, just as elections cannot be confused with democracy in Kashmir, an elected government is no substitute for a working justice system. Meanwhile, the prolonged use of the Public Safety Act, and the dangerous license of the Armed Forces (Special Powers) Act, is slowly wearing thin for the young.

There has been no progress in ensuring justice to victims of Pathribal fake encounter killings of 2000 in which 5 civilians were killed Government is yet to give sanction to prosecute 5 soldiers charge sheeted by CBI in that case.

The best thing that the political leadership can do is to repeal or severely dilute the Armed Forces Special Powers Act and allow prosecution of all security personals accused of high handedness The Act has proved to perpetuate more violence and injustice not only in Kashmir but the whole of North East India. 

Such a move may help in turning the tide against the cycle of violence and bring peace into the Kashmir valley. Otherwise get ready for a new round of Armed militancy in Kashmir and perhaps more bomb explosions in Cities of rest of India.

Irom Sharmila, the Iron Lady's fast continues

On the eve of the International Women’s Day, Irom Sharmila, or the ‘Iron lady of Manipur’, who has been on a fast unto death since November 2000, was released from judicial custody March 7 evening. The “Iron Lady” undertook her fast unto death against the Armed Forces (Special Powers) Act (AFSPA) after troops of the Assam Rifles gunned down 10 civilians at Malom near Imphal airport on November 2, 2000. She is undeterred and has pledged to carry on her agitation against the black law which gives troops sweeping powers to kill even on suspicion and still have immunity from prosecution. She has been surviving on forced nasal feeding at the Jawaharlal Nehru Hospital in Imphal East for the past eight years.

“While the whole world will be celebrating International Women’s Day, no one will know that in a land called Kangleipak, where the land is very fertile and there are so many resources and the people are very friendly, and the wind blows very sweetly, the women of the land are facing so much oppression,” a lady journalist in Imphal quoted Sharmila’s words.

“I am determined to continue my fast. I am convinced that people are with me and with their support our dream will come true,” a news report quoted Sharmila as addressing a large crowd that had gathered to greet her.

As expected Irom Sharmila was re arrested on March 9th for continuing the fast.

It may mentioned here that last year, too, she was freed earlier at the end of the jail term, but was put behind bars again after she refused to call off the hunger strike. Sharmila has been booked under Section 309 IPC for attempts to commit suicide. The offence is one that can be bailed, but she has been in jail after refusing to apply for it. The maximum jail term for the offence is one year.Every year she is released after the expiry of her term and rearrested soon after, sometimes within 24 hours; that’s has been the pattern for the past eight years.

A supporter of Irom Sharmila, Singhajit Irom expressed strong hope that the AFSPA, which the Iron Lady is fighting against, will be repealed this year. “I think her demands will be fulfilled because the womenfolk and the public of Manipur support her crusade,” said Singhajit, who was an agriculture officer before he joined an NGO after Irom Sharmila started her fast unto death crusade.

It is worth mentioning that while Sharmila is waging this unequal battle against the Indian state, many of her dear and near ones have stood solidly behind her. Irom Sakhi,the 75 year old mother of Sharmila has not seen her daughter since she blessed her on the momentous day 8 years ago when she decided to undertake her fast. Irom Sakhi, with tears in her eyes told a correspondent : "It is just possible that my getting emotional on seeing her may weaken her resolve. And I do not want that my daughter lose in this battle, which is for the betterment of humanity".

Armed Forces Special Powers Acts

The Armed Forces (Special Powers) Act of 1958 (AFSPA) is considered to be one of the more draconian legislations that the Indian Parliament has passed in its 45 years of Parliamentary history. Under this Act, all security forces are given unrestricted and unaccounted power to carry out their operations, once an area is declared disturbed. Even a non-commissioned officer is granted the right to shoot to kill based on mere suspicion that it is necessary to do so in order to "maintain the public order".
The AFSPA gives the armed forces wide powers to shoot, arrest and search, all in the name of "aiding civil power." It was first applied to the North Eastern states of Assam and Manipur and was amended in 1972 to extend to all the seven states in the north- eastern region of India. They are Assam, Manipur, Tripura, Meghalaya, Arunachal Pradesh, Mizoram and Nagaland, also known as the "seven sisters". The enforcement of the AFSPA has resulted in innumerable incidents of arbitrary detention, torture, rape, and looting by security personnel. This legislation is sought to be justified by the Government of India, on the plea that it is required to stop the North East states from seceeding from the Indian Union.

There is no doubt that a large number of armed opposition groups operate in Manipur and elsewhere in the North East and that they have been responsible for gross human rights abuses. Yet, unlawful law enforcement only begets contempt for the rule of law and contributes to a vicious cycle of violence. The unusual form of demonstrations by some members of the Meira Paibis who stripped themselves in front of the Kangla Fort on 15 July 2004 was an act of desperation to protest against the systematic denial of access to justice.

The strength of any country claiming itself as “democratic” lies in upholding the supremacy of the judiciary and primacy of the rule of law. It requires putting in place effective criminal-law provisions to deter the commission of offences against the innocents and punishment for breaches of such provisions while exercising executive powers; and not in providing the arbitrary powers to the law enforcement personnel to be law unto themselves. The AFSPA violates basic tenets of criminal justice system in any civilized society. First, it provides special powers which tantamount to awarding heavier penalty to the suspects than convicted persons would get under normal court, a clear violation of the cardinal principle of criminal justice system.

A reckless approach towards human life and liberty in the last 45 years under the AFSPA has been counter-productive and caused alienation of the people in the North East. The review [and if possible repeal} of the AFSPA is overdue for many reasons cited above.