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STOLEN CHILDHOOD

A REPORT FROM KIIR


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The Authors & Researchers
Altaf Hussain Wani,
Published by
Mehr un Nisa
Kashmir Institute of Ayesha Waheed
International Relations, Islamabad Nisaar Thakur
“Children don’t start wars but they are prone to being hit
the hardest by the wars/conflicts. Each day of the ongoing
conflict is another day stolen from their childhood.”
Henrietta H. Fore, Executive Director of UNICEF

“The greatest gifts you can give your children are the roots
of Responsibility and the Wings of Independence.”
Denis Waitley

“If we don’t stand up for children, then we don’t stand for


much.”
Marian Wright Edelman

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Foreword 5

Introduction 6

Killings 9

Half Orphans 11

Impact Of Conflict On
TABLE Children’s Education 13

OF The Year Of Mass Blinding 18

CONTENT Impact Of Conflict On


Children’s Health 21

Illegal Detention 23

Legal Frameworks 25

Killing Cases 26

Detention & Pellet Victims Cases 38

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FOREWORD
I am honoured to write the Foreword to this
important report from the Kashmir Institute for
International Relations (KIIR). Stolen Childhood
of Kashmir Children documents the suffering of
children living in Jammu & Kashmir under decades
of brutal occupation by India and its Armed Forces.
The research and case studies reveal the misery and
despair of children living in a conflict environment,
their dreams and hopes for a better life constantly
crushed.
Thousands of children have been blinded in pellet-
firing shotgun attacks by the Indian Armed Forces.
Thousands more have been illegally arrested and
imprisoned. Hundreds have been killed or died
in custody. Over 200,000 children have been
orphaned or half-orphaned in the conflict. Education
opportunities are impeded by frequent military
lockdowns, and the internet constantly shut down to
cut Kashmiris off from the world. Their employment
opportunities are minimal, and their physical and
mental health is a serious cause of concern. The
future for Kashmiri children is grim.
Stolen Childhood of Kashmir Children graphically
details the abuses by the Indian occupying forces
that are contrary to the Convention on the Rights
of the Child and its Optional Protocol. It is hard to
imagine the level of callousness of any Government
and its military that targets innocent children and so
blatantly disregards international law.

Jennifer McKay is an I applaud the KIIR team and authors, Altaf Hussain
advisor on humanitarian Wani, Mehr un Nisa, and Ayesha Wahleed, for their
crises. She has worked for tireless dedication over many years to bring the
plight of Kashmiri children into the global spotlight.
UN and other stakeholders
Stolen Childhood of Kashmir Children is a call to
in major emergencies.
action and a must-read for all who care about
Jennifer writes frequently
children’s human rights. The world cannot continue
on the lives of those
to ignore the plight of Kashmiri children.
affected by conflict and
Jennifer McKay
disasters including the
people of Kashmir.

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INTRODUCTION
Kashmir, which some would argue to be a colonial state, is now
becoming a society bereft of free thinking. Where speaking and
demanding the rights is taboo. The fear is suffocating. Imagine your
family and relatives reprimanding you for speaking your mind just
because the state doesn’t like the written words.
It is hard to imagine the state of mind of the adolescents or the youth
growing up with such atmosphere around them. It’s not only the
brunt of the physical subjugation faced by them, but it’s the brutal
occupation of their thoughts in their tender age which gets to them.

Decades of conflict have left Kashmir


completely devastated, its population
profoundly and violently affected and its future
bleak. Besides consuming Kashmiris’ three
generations the long-drawn conflict hangs like
a sword of Damocles over their heads. The life
of the Kashmiris is sadly crippled by the long-
running dispute. After the passage of seventy-
three years, Kashmiris find themselves
trapped in the vortex of violence. Apart from
uncounted deaths and destruction, violent
conflict has created a humanitarian calamity
of widening proportions. Systematic violence
and state repression have inexpressibly
affected and impacted every segment of
society. The fact remains that no facet of
life in Kashmir has been left unaffected by
the brutal war that India has imposed on
it. However, being a vulnerable segment of
childhood activities and cherished memories.
society children in Kashmir have been the
Grown-up witnessing nothing but the sounds
worst victims of direct and indirect forms of
of gunshots, killings and cries of the injured, the
violence and brutality, which has left indelible
children have lost the meaning of childhood.
imprints of war on their memory. Born and
brought up in the violence this new generation Hundreds of innocent children have fallen to
finds itself exiled in their own homeland. The the bullets of the Indian army while thousands
sense of insecurity and constant fear of being of others have become orphans after losing
killed, humiliated and harassed by the troops their parents, and many have been left to rot
outside the children of Kashmir have forced in detention and interrogation centers without
them to remain homebound. The atmosphere any fault. Designated as children of conflict
of violence has virtually robbed them of their this young generation of Kashmir has been

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


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searing in the flames of withering injustice, reduced Kashmiri children to limped creatures
discrimination, violence and war imposed on who could neither freely walk through the
them by the Indian state. While this deadly lane nor wade into the lake.
war is being waged on the streets, lanes and Due to the scale of the violence, it has been
by-lanes there seems to be no end to the quite difficult to determine the exact number
children’s sufferings. of the victims, however, the magnitude of
Apart from the dire economic impact, the violence and its impact on the children could
violence has cast a dark shadow on the physical be gauged from a Save-the-Children survey.
and mental health of Kashmiri children. Having The report details the various ways in which
seen their loved ones killed by the firing of the children have been victimized over the last
Indian army the Kashmiri children have been several years. According to the survey at least
under tremendous mental depression. Anxiety, 318 children were killed, among them 72 girls
fear and trauma occupy their early emotional from 2003 to 2017. Holding Indian armed
state has led to other psycho-social problems. forces largely responsible for the violence the
The conflict has snatched from them the report reveals that 144 children were killed by
most cherished childhood days full of joy and Indian armed forces and state police which is
happiness. The fear instilled in their hearts and nearly half, 44 percent, of the total number of
minds is so deep that no amount of love and children killed.
lures inducing lullabies could pull them out of The survey further revealed that there are 2,
despair and despondency. The mists of doom 14,000 orphan children in Kashmir and 37
and gloom have surrounded their small spaces percent of them have become orphans due to
like the shades of eternal doom. Like caged the continued conflict and perpetual violence.
birds unable to set themselves free or stretch Suffering from many psycho-social problems
their wings to touch the sky, the conflict has many orphan children could not continue

A REPORT FROM KIIR


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their education and some of them are of the conflict deserve the right to health and
studying in orphanages run by socio-religious education. Born amidst the war and violence
organizations. the young generation has a strong desire to
It is worth mentioning that during the 2016 see an end to this vicious cycle of violence that
uprising alone, more than 10,000 civilians continues to bruise their hearts and souls. It is
were hit by pellets. The youngest victims time that the world should stand up for the
were18-months-old Haba Nisar, five-year- rights of Kashmiri children so that they can be
old Bareena and eight-year-old Zafeer who able to live a normal, dignified and peaceful
had accompanied their father to buy petrol. childhood.
Renowned Kashmiri novelist Mirza Waheed Indian security forces have killed at least 894
had aptly called the 2016 violence the world’s children in occupied Kashmir over the past 30
first mass blinding. years.1 A report titled Dead But Not Forgotten
Like other parts of the world Children of in 2006 by Jammu Kashmir Coalition of Civil
Kashmir deserve the right to live a peaceful Society (JKCCS) revealed that the number of
1 894 children killed in Occupied Kashmir in 30 years: report,”
life in a violence-free environment. Like Pakistan Today Nov 21, 2019 accessed on Dec 23, 2020, https://www.
children of free nations, these silent sufferers pakistantoday.com.pk/2019/11/21/894-children-killed-in-occupied-kash-
mir-in-30-years-report/

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


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KILLINGS

children killed from 1989 to 2005 are 392 (43 forces martyred nine Kashmiri youth during
were females) out of 5106 which accounts for the 24 hours in ‘fake’ encounters and so-called
nearly 8% of the total people killed, while, 318 ‘cordon-and-search’ operations in Shopian
children were killed in the region between area of Indian occupied Jammu and Kashmir
2003 and 2018. (IOJ&K).
According to the United Nations’ report on Explosions continued to consume lives of
Children and Armed Conflict eight children Kashmiri children in IIOJK. There has been no
were killed and seven were injured. It is proper mechanism in place to avert the killings
reported that torture in detention, shootings, and injuries.
extensive use of tear-smoke shells and pellet At least 110 children have been killed due to
shotguns resulted in killings of at least 16 explosions of various kinds like by grenade
children in 2019.2 blasts, IEDs, landmines or due to the littered

According to the United Nations’ report on Children and


Armed Conflict eight children were killed and seven were
injured. It is reported that torture in detention, shootings,
extensive use of tear-smoke shells and pellet shotguns
resulted in killings of at least 16 children in 2019.

On June 07, 2020, the Indian occupation


2 Ishtiaq Wani and Raashid Hassan, “Scarred, ill or killed: How
shells left by armed forces at encounter sites.
the Kashmir conflict impacts children,” The Carvan Aug 05, 202, accessed Majority of those who lost their lives in the
on Dec 23, 2020, https://caravanmagazine.in/conflict/scarred-ill-or-killed-
how-the-kashmir-conflict-impacts-children explosions were children who thought the

A REPORT FROM KIIR


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abandoned explosives were toys. It seems that the armed forces and Police are not paying any
heed to the concerns expressed by the people and human rights group time and again over the
littered explosions, which are turning playing fields into death traps. Mostly children died in the
explosives scattered unchecked.

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


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HALF ORPHAN
If you make children happy now, you will make them happy twenty years hence
by the memory of it.”
Kate Douglas Wiggin

The killings have left more than 100,000 children orphaned. According to a
survey conducted by Save the Children UK nearly 108,000 children have been
orphaned during the last 25 years of conflict.

Half-orphans are the children, whereabouts


of whose fathers are unknown. Like their
mothers, they live life in the twilight zone.
Since there is no information about the status
of their fathers, they cannot be pronounced as
orphans. Hence the term half-orphans seem
somewhat appropriate. Many of the half-
orphans even today share their memorable
moments with their fathers. They recount the
circumstances that lead to the missing of their
fathers. Quite many were infants and did not
know anything, while others were born after
the disappearance of their fathers.
Lack of paternal care has shattered the lives
of these children. Their life swings in between
the two extremes. Sometimes they feel that
their father will arrive and their miseries will
Abiha Sarfaraz’s daughter was four months old when
end. But given the condition akin to that of her father was killed by an Indian sniper.
an orphan, automatically they are clubbed
of the cases it was found that as the father
into their category. It would have been easier
was only bread earner, therefore after his
for them to accept the status of orphans at
disappearance the child had to shoulder the
such a tender age. Like orphan children, they
responsibility of earning the livelihood for the
could have adjusted their lives, but on many
family. They had to drop out of the schools
occasions, their status as half-orphans comes
and give up schooling. Such children have
to haunt them. Their fate remains attached
experienced a disruption in their social lives as
much with the status of their mothers.
well. Due to poverty descending their families,
The effects of these enforced disappearances they witnessed their relatives maintaining
have been widespread on children of half- distance from them. Disappearances of
widows. Their education has been affected, a family member became a contention in
but the deterioration of the economic property disputes, mostly among the joint
condition has been the primary one. In most families.

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It is reported that over 95,000 civilians have survey conducted by save the children UK
been killed by Indian forces since January nearly 108000 children have been orphaned
1, 1989. The killings have left more than during the last 25 years of conflict.
100,000 children orphaned. According to a

Mubeen Ahmad’s father, a labourer, was killed during the anti-India protest in Jammu and Kashmir in 2008

Rafiq Shagoo shows the photograph of his wife Fehmeeda Bano (35) mother of two young sons,
who died due to tear gas during clashes on 9 August 2019.

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IMPACT OF CONFLICT ON
CHILDREN’S EDUCATION
“A child’s right to education cannot be safeguarded in conflict zones without education
itself being protected. Education can be a life-saver. Out of school, children are easy
targets of abuse, exploitation and recruitment by armed forces and groups. School
should provide a safe space where children can be protected from threats and crises. It
is also a critical step to breaking the cycle of crisis and reduces the likelihood of future
conflicts.”
Henrietta H. Fore
Executive Director of UNICEF

Education, considered as one of the important constraints and staff shortages. It has been
aspects of children’s development, is another observed that the children who were born
casualty in Kashmir that has seen a tremendous after 1990 have spent less time in schools and
impact of the conflict. The continued violence more time in homes owing to the persistent
and bloodshed in the region have rendered violence and uncertainty.
the education system completely paralyzed. On the other hand, a very large number of
Frequent shutdowns, Curfews, Killings and schools have been occupied by the Indian
Crackdowns have led to the closure of schools. security forces as their base camps. In most
The data collected by different governmental cases, security forces have constructed their
and non-governmental organizations show a base camps nearer to schools which has further
severe decline in enrollment numbers during deepened the sense of fear and insecurity.
recent years. According to a survey over 3,000 These kinds of situations gave birth to mental
adult and non-formal education centers were problems like fear, Trauma, depression among
closed in the region since 1990 due to financial school-going children.

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Ironically, the educational institutes of IIOJK have been opened for barely 100
days since August 05, 2019. 2019 proved to be the darkest year for Kashmiri
students as the education sector suffered the most due to the endless and
indefinite military lockdown.

Ironically, the educational institutes of IIOJK pulled from schools after the 1990s in the
have been opened for barely 100 days state of Jammu and Kashmir. The enrolment in
since August 05, 2019. The limited & slow schools reduced between 1989 and 1990 by
speed network of 2G made it impossible for almost 2.9 % (from 1.69 to 1.64 lacs). Similarly,
the students to attend online classes. The the survey revealed that in a single year during
continuous closure of schools coupled with 1995-96, the enrolment figures at middle
politicizing education and burning down of school level had declined by 16.29 % (4.85 to
educational institutions created a disaster to 4.06 lacs) and at high and higher school level
the future of the children of IOK. by 43.67 % (4.03 to 2.27 lacs)”.
Decline in Enrollment Figures Further, during 2001 and 2002, the enrolment
The thick presence of the army in the residential figures at primary, secondary, high and higher
areas has serious ramifications including secondary schools showed a steep decline by
sexual violence, insecurity, abuse and other 31%. In recent years the enrolment figures
sorts of harassment. Unfortunately, girls are hadn’t only declined in school education, but
more vulnerable to the adverse consequences also across technical and at the university
of the militarization of educational spaces. level.
As a result, there has been an increase in the Importantly, the researchers observed that
dropout rate among school-going children, such a decline has never happened between
particularly girls. 1960 and 1989, before the onset of conflict
The heightened fear and insecurity are seen as in the state. This was also corroborated by
a few of the dominant factors behind the rising the macro-figures that showed a high dropout
dropout ratio. Analyzing the enrollment data ratio of about 53.75 percent up to the 10th
research conducted by two young Kashmiri standard in the state in 2004-05.
scholars shows how the access of children The Darkest Year for Kashmiri Students
was limited and how many children have been A vast number of schools are closed down

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A Kashmiri student attending an online class via Zoom app as schools remain closed after abrogation of Article 35A

According to a survey a total of almost 17 % of school buildings were lost in the


state of J&K due to either being targeted/burnt or occupied by security forces.
The destruction of educational infrastructure represents one of the greatest
developmental setbacks for the students affected by conflict.

because of constant unrest and violence. valley-wide closure. Educational institutions


Effects on secondary and higher education remained shut for nearly a year raising
were much more extreme in nature as warnings from educators about the mental
the militarizing army targeted the young health toll on students whose lives have been
population. The effects this militarization repeatedly disrupted. The closure had hit the
has had on the educational standards and academic session to the extent that it caused
development will take at least a generation to an irreversible loss of study and tuitions to the
rectify. students.
2019 proved to be the darkest year for Kashmiri In the same year, Kashmiri witnessed dozens of
students as the education sector suffered the schools being razed to ashes by unknown and
most due to the endless and indefinite military unidentified arsonists, depriving thousands of
lockdown that was put in place soon after the children of schooling facilities.
Indian government stripped the region of its
autonomous status The clampdown led to

The situation in Kashmir is still


far from normalcy. A year later
the situation remains the same as
nothing has changed in the restive
region. The long-drawn conflict,
uncertainty and chaos continue to
threaten the future of millions of
Kashmiri children.

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Impact of Digital Siege on Students Restrictions on Access to Knowledge &
The military clampdown coupled with digital Information
siege made education complex for aspiring The hapless children in Kashmir have been
students. Students, researchers and teachers deprived of the right access to knowledge
alike bore the brunt of nearly a year and half- and information. The ban on the internet
long disruption in internet services, one of the has caused enormous loss to school-going
longest internet shutdowns in the world. The children as schools could not initiate online
complete shutdown of all internet services classes in the absence of the internet. There
remained for more than six months. The ban are around 30,000 private schools in Kashmir
was partially lifted later but the restoration of with around 6, 50,000 students enrolled in
the internet was however limited only to the them. These schools could not initiate smaller
obsolete and sluggish 2G services. Similarly, in programs to further the education of children,
the universities in the Valley, the class work let alone conducting online classes. According
at the Masters level remained badly affected. to health experts the frequent disruptions
The classwork in medical colleges and NIT in formal schooling, limited opportunities
was also affected badly, resulting in stress to to socialize, and erratic schedules have led
students and their parents. While the world to a rise in depression and behavioral issues
moved to online classes, in the wake of the among children.
pandemic, schools, colleges and universities The situation in Kashmir is still far from
in Kashmir were struggling to find means to normalcy. A year later the situation remains
set up remote classes due to slow-speed 2G’s the same as nothing has changed in the restive
limitations. These issues have led to many region. The long-drawn conflict, uncertainty
students disengaging from online classes. and chaos continue to threaten the future of
Students, who had got themselves enrolled millions of Kashmiri children.
in different colleges and institutes located
The United Nations Global Goal aimed at
outside the Valley, could not continue their
having everyone access to inclusive, equitable
classes like the rest of their classmates due to
quality education would remain elusive unless
the non-availability of the internet.
the children in conflict-hit Kashmir like other
parts of the world are given a safe and secure
learning environment.

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A REPORT FROM KIIR
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THE YEAR OF MASS BLINDING
The streets are awash O mother
with blood and tears, pellets and screams.
that silently remain locked in the air,
while they seal our soulless dreams.

Weep loudly O mother,


for the nation hears our pain.
As the fresh flag moulds his cold body,
I know his sacrifice was not in vain.
We need to put our chins up, O mother
and face this moment with pride.
Srividya Srinivasan

2016 is remembered in Kashmir as the year The study revealed that more than 1,178
of mass blinding. According to the study people were hit by pellets in their eyes and
“Psychiatric Morbidity in Pellet Injury Victims statistics also showed that 14 percent of
of Kashmir,” conducted by Government pellet victims are below the age of 15 and
Medical College (GMC), Srinagar, At least faced complicated surgeries.4
The worst example of the pellet victims is
10th class student Insha Jan from Shopian
who received a burst of pellets while she was
studying at her home. The pellet shotguns
have proved lethal as many students have
lost their vision completely or partially as they
became victims of pellet-firing from Indian
security forces. The pellets have perished the
youthful ambitions and shattered dreams of
many aspiring students forcing many of them
to leave their studies halfway.
Amnesty International has urged India to stop
the use of pellet guns in line with Human
rights standards on the use of force. But
Muneefa Nazir aged 6 was hit on her right unfortunately, the so-called security forces of
eye by a marble ball shot allegedly by Indian Indian are still using pellet guns with impunity
paramilitary soldiers on August 12, stands to deal with protesters which are mostly
outside her home in Srinagar school-going children. The immediate need is
to ban the pellet guns so that no more children
85% of the people blinded by Indian forces’
become victims of pellet firing.
pellet guns in Kashmir also suffer psychiatric
problems.3
3 Peerzada Ashiq, “In Kashmir, hundreds of pellet gun victims 4 Peerzada Ashiq, “Burhan Wani’s death and a year of living
face a hazy future,” The Hindu, June 01, 2019, Accessed on Dec 24, 2020, dangerously,” The Hindu October 01, 2016, accessed on Dec 24, 2020,
https://www.thehindu.com/news/national/in-kashmir-hundreds-of-pellet- https://www.thehindu.com/news/national/other-states/14-of-pellet-gun-
gun-victims-face-a-hazy-future/article27401702.ece victims-in-Kashmir-are-below-15/article14583549.ece

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WOUNDED CHILDHOOD

Below is the list of some of the children who were hit by


pellets in both eyes:
• Haba Nisar (18 months) • Junaid Ahmad Akhoon (12 Yrs)
• Zohra Majeed (04 Yrs) • Umar (12 Yrs)
• Owais Ahmad (08 Yrs) • Adil (12 Yrs)
• Tamanna Aashiq (10 Yrs) • Ifra (13 Yrs)
• Umar Khalid (11 Yrs) • Insha Mushtaq (14 Yrs)
• Nasir Shafi Qazi (11 Yrs) • Owais Nazir (14 Yrs)

Total Pellets
Victims
PELLET Total Injured

15000
1178 VICTIMS
Fully Blinded
SUMMER Partially

2016
blineded by
by use of pellet
use of pellet guns
guns

52 600

Age Group Age Group Age Group


1-12 12-15 16-25

243 1005 7762


Injured Injured Injured

A REPORT FROM KIIR


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Hiba Nisar (18 months) Junaid Ahmad Akhoon (12 years)

Insha Mushtaq (14 years) Owais Ahmed (8 years)

Tamanna Aashiq (10 years) Zohra (4 years)

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IMPACT OF CONFLICT ON
CHILDREN’S HEALTH
Conflict in Kashmir has taken a heavy toll on its A report by Amnesty International has shown
people by exposing them to large scale violence that children in Kashmir have been subjected
and state repression. As a result, people have to torture, inhuman and cruel treatment and
experienced the multi-dimensional impact of long periods of detention by the security
such large-scale violence in Kashmir. However, forces. A report created by Indian economists
the most serious effects of the conflict are and activists, boys have been abducted during
seen on children. Caught in the crosshairs midnight raids by the security forces, and girls
of conflict, the Kashmiri children have been have been molested during nighttime raids by
bearing the brunt of systematic violence,
abuse and maltreatment at the hands of
Indian troops. It has engrossed their whole life
and hampers their overall development, be it
physical or psychological.
They have mostly been direct targets of state-
sponsored violence. They have been murdered,
maimed and brutalized; imprisoned under the
black laws and subjected to sexual abuse and
third-degree torture in jails and interrogation
centers. The abuse and torture in jails have
ruined their life to the extent that they did not
recover from the psychic trauma. Minors have
also been detained under the Public Safety
Act, termed as the lawless law by Amnesty the Indian army officer. The vulnerability of
International, which allows detention of up children to the conflict has come very visibly
to two years without trial Beyond deaths, during the present cycle of unrest in Kashmir
the deadly conflict has affected the Kashmiri (2016). Almost 14 percent of the people (440)
children in many different ways. It has wreaked who were hit by pellets in their eyes in the
havoc on the physical, mental and behavioral months’ long continuous unrest were children
health of Kashmiri children. Above all the below 15 years. Many of them may suffer a
morbidity and mortality associated with the partial or complete visual disability. Children
conflict have disproportionately impacted the as young as 3 years old have been hit by
lives of children in the troubled region that pellets. The widespread killings have naturally
has been reeling under the storms of vicious resulted in many children being orphaned and
violence for over several decades. many women widowed.

A report created by Indian economists and activists, boys have been abducted
during midnight raids by the security forces, and girls have been molested during
nighttime raids by the Indian army officer.

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• The terrible impacts of the conflict • Nearly one in five people in Kashmir
on health could be gauged by an show symptoms of post-traumatic
eye-opening survey which suggested stress disorder.
that there has been a phenomenal • In 2006 studied 100 children
increase in psychiatric morbidity and between the ages of three and 16
psychic trauma in Kashmir. who had symptoms of PTSD.

The terrible impacts of the conflict on health according to a 2015 study by Médecins Sans
could be gauged by an eye-opening survey Frontières and the Srinagar-based Institute
which suggested that there has been a of Mental Health and Neurosciences, or
phenomenal increase in psychiatric morbidity IMHANS.
and psychic trauma in Kashmir. The results 2016 research published by IMHANS and
reveal that the prevalence of depression is ActionAid estimated that 11.3 percent of
55.72%. The prevalence is highest (66.67%) the population had a mental health disorder
in the 15 to 25 years age group, followed by – higher than the national prevalence of
65.33% in the 26 to 35 years age group. The around seven percent. But few were able to
difference in the prevalence of depression get treatment. Another study released in 2006
among males and females is significant. studied 100 children between the ages of
Depression is much higher in rural areas three and 16 who had symptoms of PTSD.
(84.73%) as compared to urban areas
Dr. Arshad Hussain, a Kashmir based
(15.26%). In rural areas, the prevalence of
psychiatrist who co-authored the ActionAid
depression among females is higher (93.10 %)
study, calls Kashmir one of the “saddest places
as compared to males (6.8%).
in the world”.
Nearly one in five people in Kashmir show
symptoms of post-traumatic stress disorder,

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ILLEGAL DETENTIONS
“Injustice anywhere is a threat to Justice everywhere.”
Martin Luther King, JR.

Mens rea stands for guilty intent. A juvenile below 12 cannot have Mens rea.
According to international law, if anyone who is below 18 years of age commits any
crime, you need to counsel those minors and should adopt a correctional approach
rather than punish them. Unfortunately in Kashmir, it is not so.

Age is no bar for long and harsh detentions rioting, disrupting public order and pelting
in Kashmir, even if there the state falters on stones on security personnel. However,
facilities for underage detainees required the National Federation of Indian Women
under Juvenile Justice Act 1997. It is reported rejected the numbers put out by the judicial
that almost 11,000 youth had been detained committee & claimed that they found 13,000
by the government and booked under the children as young as 14, detained since the
controversial Public Safety Act before the autonomous status of Kashmir was revoked
abrogation of Article 35A. on Aug 5. On October 1, 2019, the state
Mens rea stands for guilty intent. A juvenile police also admitted that they had detained
below 12 cannot have Mens rea. According 144 children after August 5.5 Most of the
to international law, if anyone who is below boys from Shopian were lodged in a Varanasi
18 years of age commits any crime, you need jail, Uttar Pradesh, India and it costs around Rs
to counsel those minors and should adopt 40,000 for travel and lodging in Uttar Pradesh.
a correctional approach rather than punish The travel cost made it impossible for the poor
them. Unfortunately in Kashmir, it is not so. family members of detainees to go to Varanasi
While the Juvenile Justice Act for the state was to meet them.
passed in 1997, it is yet to be implemented. The student community was the worst hit in
The Juvenile Justice Committee of the State the present turmoil. The frizzy atmosphere
High Court has confirmed the arrest of 144 formed around does not let students focus
5 Anadolu Agency, “Torture, detention of children adds
juveniles. Most of the children including a rage in Kashmir,” The Tribune Oct 19, 2019, accessed on Dec 24,
2020, https://tribune.com.pk/story/2080010/torture-detention-chil-
nine-year-old boy had been charged with dren-adds-rage-kashmir

A REPORT FROM KIIR


23
on their studies. Under such circumstances, it authorities to postpone their exams and not
was unfair to push students for examinations. to use education as a tool of politicizing.
Nevertheless, the government is playing The heavy-handed crackdown by security
otherwise by politicizing education and forces have closed all doors for young children
compelling students to sit in their yearly–a to return to a normal life. The law-and-order
tactic to provide a deceitful impression of apparatus, in the absence of a juvenile justice
returning normalcy in Kashmir. The student mechanism, does not make any distinction
community has been running from pillar to between children and adults, consequently he
the post through holding demonstrations, finds himself at a dead-end.
appealing to the government and concerned

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


24
LEGAL FRAMEWORKS
“When the punisher does not weep with the punished,
he (the punisher) is just a tyrant.’’
Rabindranath Tagore

The continued violation of child rights Jammu and Kashmir, especially


of juveniles in conflict with the law, is a glaring indication that
guarantees and protections afforded under UN Convention for Child
Rights (CRC), to which India is a signatory, are not available to the
children of Jammu and Kashmir

In 2010, India’s National Commission for the of child detentions have gone unrecorded
Protection of Child Rights has set out guidelines because the police do not acknowledge the
for the “protection of children’s rights in areas detainees are minors.
of civil unrest”. Under these guidelines, the The continued violation of child rights Jammu
use of schools by security forces “violates and Kashmir, especially of juveniles in conflict
the spirit and letter of the (Right to Education with the law, is a glaring indication that
Act) because it actively disrupts access to guarantees and protections afforded under
education and makes schools vulnerable to UN Convention for Child Rights (CRC), to
attacks”. But in Kashmir, many schools are still which India is a signatory, are not available to
used for military purposes. the children of Jammu and Kashmir.
The Jammu & Kashmir Juvenile Justice Act of As a subject of international law, India is obliged
1997 defines juveniles as boys up to 16 years as well as to comply with the international
of age and girls up to 18 years of age and law, Covenants and internationally recognized
prohibits their detention in a police lock-up. human rights and is responsible for the
They have to be taken to a Juvenile Detention violations of these rights committed and
Centre, or Juvenile home. Kashmir has none. attributed to its armed forces and paramilitary
The Jammu & Kashmir Juvenile Justice Act forces. No national legislation can surpass
1997 was amended in 2013. The Jammu and international obligations. For the promotion
Kashmir Juvenile Justice (Care and Protection and protection of human rights and to honor its
of Children) Act, 2013, raised the age of pledges and commitments before the Human
criminal liability for minors from 16 to 18. It Rights Council, the Government of India is
mandated that children should be treated under obligation to comply and implement the
according to juvenile justice laws. The state is International laws & also recommendations of
mandated to form juvenile justice boards to UN Universal Periodic Reviews.
adjudicate cases involving children in conflict
with the law. But lawyers say several cases

A REPORT FROM KIIR


25
KILLING CASES CASE
On 16 January 2003, Shakeela, daughter of
Abdul Rashid, resident of Lolab Kupwara, was
shot dead while working in her field by Indian
Armed Forces.8
CASE
On 24 February 2003, Kulsum, 17 year old,
daughter of Ghulam Mohammad, resident of
Alla Kari, Banihal Ramban was shot dead by
Indian Armed Forces.9
CASE
On 11 March 2003, a 7th Standard Student,
CASE Khushi Mohammad, aged 14, daughter of
Noor Din, resident of Doodwat, Doda was
Nisar Ahmad Pencha, 16 years old, Tenth Grade
killed, when she stepped over a landmine
Student, son of Ghulam Mohammad Pencho,
implanted by Indian Army.10
resident of: Kulhama, District Bandipora was
tortured and killed by Indian armed forces. CASE
On the intervening night of 5/6 May 1995, On 07 April 2003, Mohammed Fazal, aged
at about 3:00 am someone knocked on the 15, son of Khadim Saylian Kumli, resident of
door of Nisar Ahmad Pencho’s house. His Surankote, Poonch was killed by an IED blast.11
mother, Khatija Begum recognized the person,
CASE
Shahnaz Ahmad Pencho their next door
On 17 April 2003, Bagh Hussain, resident of
neighbor. As soon as she opened the door, the
Samba, aged 15, was killed by an explosion
army barged into her house and searched all
from a landmine set up by Indian army.12
the rooms in the house and dragged the victim
and his brother, Abdul Majid Pencho out of CASE
their house. The next morning, Zooni Begum, On 19 April 2003, Nazmeen, 7 years old,
a sher woman came to the house and told resident of Gawalta, Uri Baramulla, was killed
Nisar Ahmed’s mother that her son had been by the littered shell which exploded outside
killed and his dead body was lying at Sangree her house.13
Top, near Garoora. Nisar Ahmed’s dead body
bore marks of torture. There were also bullet CASE
wounds on his body.6 On 01 May 2003, Javaid, 17 years old, resident
of Lasjan, Srinagar, a 12th Standard Student
CASE
was assassinated in custodial Killing by Indian
On 01 January 2003, Nageena, daughter of
Armed Forces (Army).14
Ghulam Mohammad Rather received a bullet
Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up-
when unidentified gunmen tried to abduct loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf
her father.7 8 Ibid
9 Ibid
6 Structures of Violence. (n.d.). Retrieved from https://jkccs. 10 Ibid
files.wordpress.com/2017/05/structures-of-violence-e28093-main-re- 11 Ibid
port.pdf 12 Ibid
7 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact 13 Ibid
of Violence on the Children of Jammu and Kashmir (Rep.). Jammu 14 Ibid

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


26
CASE CASE
On 10 May 2003, Waqar Ahmad, a 6 year old On 06 July 2003, Ishaq Ahmad, resident of Raj
boy, resident of Nachion, Karnah sector of Mohalla, Sopore, Baramulla, was fiddling with
Jammu, was killed in Cross LOC Shelling.15 an explosive, which went off and killed him.22
CASE CASE
On 15 May 2003, Mohammad Izhar, 4 years On 29 August 2003, Mujahid Ahmad, 6 years
old, son of Mohammad Hashim Khwaja, old, resident of Uri, Baramulla was killed by
resident of Dardpora, Banjarpati Kupwara was mortar shell explosion.23
killed by an IED blast by an unknown agency.
16 CASE
On 09 September 2003, Heena Akthar,
CASE
daughter of Ghulam Nabi Akramabad, resident
On 19 May 2003, Arshad Ahmad, a 4 year old of Doda was killed by Grenade explosion
boy, resident of Rajouri, was shot Dead by installed by Indian army. 24
Unidentified Gunmen.17
CASE
CASE
On 28 September 2003, Sadam Hussain,
Maroof Ahmad, 2 years old, resident of Rajouri
resident of Mahore, Udhampur, was
was shot dead by unidentified gunmen on 19
assassinated by Indian armed forces during
May 2003.18
firing inside his house.25

CASE CASE
On 05 June 2003, Kuki, child of Abdul Karim, On 04 November 2003, Arshed Hussain, 14
resident of Kamalkote village of Uri, Baramulla, years old, son of Abdul Karim, resident of
died due to Cross LOC Shelling. 19 Doda was shot dead by the Indian Armed
Forces (10 RR troops of Army).26
CASE
CASE
On 16 June 2003, Masood Ahmad Peer, 13
On 01 December 2003, Naseema, daughter
years old, son of Abdul Qayoom Peer, resident
of Abdul Aziz Bhat, resident of Zungalpora,
of Kreeri, Baramulla was shot dead by the
Kulgam, was shot dead by Indian Armed
Indian Armed Forces (Army).20
Forces (Army).27

CASE CASE
On 06 July 2003, Sameer Ahmad, resident of On 13 December 2003, Mohammad Yousuf,
Raj Mohalla, Sopore, Baramulla was fiddling son of Faiz Mohammad Bandi, resident of
with an explosive, which went off and killed Chichian, Poonch was succumbed to the
him.21 injuries received on Dec 10 in a grenade
explosion.28
15 Ibid 22 Ibid
16 Ibid 23 Ibid
17 Ibid 24 Ibid
18 Ibid 25 Ibid
19 Ibid 26 Ibid
20 Ibid 27 Ibid
21 Ibid 28 Ibid

A REPORT FROM KIIR


27
CASE CASE
On 2 February 2004, Rubina Kousar, son On 01 July 2004, Umar Imtiyaz, 18 months
of Sayed Mohammad Khan, resident of (Infant), son of Imtiyaz Ahmad, resident of
Bafliaz,Surankote, Poonch was killed due to Poonch was killed in unprovoked firing by JK
shelling at LOC.29 Police (SOG).35

CASE CASE
On 23 February 2004, a 4th Standard Student,
On 25 August 2004, Nasira Bano, 1.5 year
Suhail Ahmed Bhat, a 10 year old boy, son of
old (Infant), daughter of Mohammad Hanief,
Bashir Ahmed Bhat, resident of Dasdar Tral,
resident of Khara Gondoh, Doda was Killed by
Pulwama, was killed in a Grenade blast while
an RPG, which the militants had fired at CRPF
fiddling with it.30
and it missed its target.36
CASE
CASE
On 26 February 2004, Mushtaq Ahmad
Wani, 13 years old, son of Abdul Ahad Wani, On 25 August 2004, Babar Hanief, 9 years old,
resident of Nathpora Bandipora was shot dead son of Mohammad Hanief, resident of Khara
by Indian Police during firing on protestors.31 Gondoh, Doda, was killed by an RPG, which
the militants had fired at CRPF and it missed
CASE its target.37
On 09 March 2004, Roza Bano, 16 years
CASE
old, daughter of Ghulam Nabi Dhar, resident
On 10 January 2005, Mudasir Ahmad Wani,
of Tengpora, Naidkhi, Sumbal, Bandipora
16 years old, a 10th Standard Student, son of
was raped by an Ikhwani, a pro government
Muhammad Anwar, resident of Kelam, Devsar
extremist, named Manzoor Ahmad Dar. The
Kulgam, was killed in Cross firing. 38
victim committed suicide after being raped.32
CASE
CASE
On 26 February 2005, Mukhtar Ahmed
On 01 June 2004, Shabir Ahmad Khan, 16
Bhat, 17 years old, son of Abdul Gani Bhat
years old, son of Dori Rehman Khan, resident
Bandpow Zainapora, Shopian was killed in a
of Bandipora was shot by the Indian Armed
fake encounter by the Indian Armed Forces
Forces (14 Rashtriya Rifles of Army targeted
(Army).39
protestors).33
CASE
CASE
On 16 July 2005, Naseema, 6 years old,
On 01 June 2004, Zahida Bano, 15 years old, daughter of Mohammad Shafi Sooth, resident
daughter of Mohammad Maqbool, resident of Gulmarg, Baramulla was killed in Cross
of Bandipora was shot by the Indian Armed firing by Indian army.40
Forces (14 Rashtriya Rifles of Army targeted
protestors)34
29 Ibid 35 Ibid
30 Ibid 36 Ibid
31 Ibid 37 Ibid
32 Ibid 38 Ibid
33 Ibid 39 Ibid
34 Ibid 40 Ibid

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


28
CASE CASE
On 23 July 2005, Parvaiz Ahmad Dar, aged On 22 February 2006, Shakir Ahmad Wani,
15, son of Bashir Ahmad Dar, resident of 7 years old, son of Ghulam Hassan Wani,
Pulwama was assassinated by the Indian resident of Dodhipora, Handwara, Kupwara
Armed Forces.41 was killed while playing cricket by Indian
Armed Forces (33 Rashtriya Rifles of Army).47
CASE
On 24 July 2005, Bilal Ahmad Sheikh, 14 years
CASE
old, son of Abdul Khaliq Sheikh, resident of On 22 February 2006, four persons including
Kupwara was shot down by the Indian Armed two minors were killed by the troops of 33 RR
Forces (6 Rashtriya Rifles of Army).42 of Indian army while they were playing cricket
in Dodhipora, Handwara of district Kupwara
CASE in North Kashmir. The judicial enquiry into the
On 24 July 2005, Waseem Ahmad Wani, aged incident, ordered by the then JK government,
11, resident of Kupwara was killed by the firing was never concluded thus paving way for
by Indian Armed Forces (6 Rashtriya Rifles of impunity to the culpable armed forces. Eleven
army) 43 years after in 2017, the status report filed by
the Superintendent of Police (SP) Handwara
CASE before the JK High Court stated that four
officers of 33 Rashtriya Rifles (RR) were
On 24 July 2005, Shabir Ahmad Shah, aged
identified heading by Captain Nitin Dutta
16, son of Farooq Ahmad Shah, resident of
alias Rambo out of which one Subedar Barkha
Kupwara, was killed by the shooting of Indian
Raj has retired from the army and is living
Armed Forces (6 Rashtriya Rifles of army).44
somewhere in Nepal. Even after fourteen
years, the case is still pending in high court
CASE
– effectively denying justice to victims of the
On 18 October 2005, Shahid Ahmed, 13 mass crime.48
years old, son of Muhammad Shafi, resident
of Khablanin Thanamandi, Rajouri, was shot CASE
dead by the Indian Armed Forces (RR troops
On 12 August 2006, Rubeena, 14 years old,
of Army).45
son of Sanullah Tantray, resident of Kupwara
was killed by Indian Armed Forces (CRFP).49
CASE
On 22 February 2006, Mohammad Aamir CASE
Hajam, 9 years old, son of Mohammad Akbar
On 05 July 2007, Shafiq Kataria, aged 14,
Hajam, resident of Dodhipora, Handwara,
son of Yaar Mohammad, resident of Kuligam,
Kupwara, was killed while playing cricket by
Kupwara, was killed while stepping over a live
the Indian Armed Forces (33 Rashtriya Rifles
shell at a ground used by army for training by
of Army).46
Indian Armed Forces (Army).50
41 Ibid
42 Ibid
43 Ibid 47
44 Ibid 48 Ibid
45 Ibid 49 Ibid
46 Ibid 50 Ibid

A REPORT FROM KIIR


29
CASE CASE
On 05 July 2007, Farooq Kataria, aged 13, On 22 November 2008, Tanvir Ahmad, son
son of Noorudin Kataria, resident of Kuligam, of GhulamMohi-ud-Din, resident of Ganai
Kupwara, was killed by stepping over a live Hamam, Baramulla was shot dead by the
shell at a ground used by army for training by Firing by troops of JK Police.57
Indian Armed Forces (Army).51
CASE
CASE
On 03 July 2009, Khalid Sharif Mir, aged 9, 3rd
On 06 July 2007, Muntazir Ahmad, 17 years
Standard Student, son of Mohammad Sharif
old, 10th Standard Student, son of Masood
Mir, resident of Bagaat, Batpora, Sopore,
Ahmad Khan, a resident of Naid Kadal,
Baramulla, was drowned in River Jehlum by
Srinagar, was shot dead by the JK Police during
the Indian Armed Forces (CRPF).58
a protest.52

CASE CASE

On 25 July 2007, Tariq Ahmad Wani, 16 years On 30 May 2009, Aasiya Jan, aged 17,
old, resident of Baramulla, was killed by the daughter of Abdul Gani Ajangar, resident of
firing of Indian Armed Forces (Army) and JK Bungam, Shopian, was Raped and murdered
Police.53 by Indian Armed Forces (CRPF).59

CASE CASE

On 01 May 2008, Mushtaq Ahmad Mir, son On 02 October 2009, Arif Ayoub, aged 17, 10th
of Ghulam Muhammad, 9th standard student, Standard Student, resident of Gandarpora,
resident of Shalla Dooru, Kupwara, died due Eidgah, Srinagar, was killed by a teargas shell
to torture by Indian Armed Forces (6 Rashtriya by JK Police.60
Rifles of Army)54
CASE
CASE On 02 October 2009, Irfan Ahmad Lone, aged
On 07 September 2008, Aftab Akthar (girl), 12, 7th Standard Student, son of Ghulam
aged 13 years old, resident of Surankote, Rasool Lone, resident of Drangbal, Baramulla,
Poonch, died by the Motor Shell by Indian was killed by teargas shell by JK Police.61
Armed Forces.55
CASE
CASE On 08 January 2010, Innayat Ahmad Khan,
On 22 November 2008, 10th Standard 16 years old, 11th Standard Student, son
Student, Mansoor Ahmad Kumar, 15 years of Mohammad Amin, resident of Malteng,
old, son of Ali Mohammad Kumar, resident of Dalgate, Srinagar, was beaten and hit by a
Khanapora, Baramulla, was killed by the firing bullet by Indian Armed Forces (CRPF).62
by troops of JK Police.56
51 Ibid 57 Ibid
52 Ibid 58 Ibid
53 Ibid 59 Ibid
54 Ibid 60 Ibid
55 Ibid 61 Ibid
56 Ibid 62 Ibid

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


30
CASE resident of Rather Mohalla Delina, Baramulla,
was killed during the firing on protesters by
On 31 January 2010, Wamiq Farooq, 14 years
Indian Armed Forces (CRPF) and JK Police.68
old, 7th Standard Student, son of Farooq
Ahmad Wani, resident of Channa Mohalla, CASE
Rainawari, Srinagar was hit by a tear smoke
On 29 June 2010, Imtiyaz Ahmed Itoo, aged
shell by JK Police.63
17, son of Abdul Ahad Itoo, resident of
Dialgam, Anantnag was killed by JK Police and
CASE
a contingent of Indian Armed Forces (CRPF).
On 05 February 2010, Zahid Farooq, 17 years He worked in a bakery shop and was a soul
old, son of Farooq Ahmad Sheikh, resident of earner of the family.69
Sheikh Mohalla, Brein Nishat, Srinagar, was
hit by bullet shot by Indian Armed Forces CASE
(68 Battalion of Border Security Forces(BSF) On 29 June 2010, 12th Standard Student,
BSF soldier namely Lakhwinder Kumar and Shujat-ul-Islam, aged 17, son of late
Commanding Officer Randeer Kumar Birdi).64 Muhammad Ashraf Baba, resident of
Anchidora, Anantnag was killed by the firing
CASE by JK Police and a contingent of Indian Armed
On 12 April 2010, 11th Standard Student, Forces (CRPF).70
Zubair Ahmed Bhat , aged 17, resident of
CASE
Sopore, Baramulla was drowned in river
Jehlum by Indian Armed Forces (CRPF and On 06 July 2010, 9th Standard Student,
personnel of the SOG of Police)65 Abrar Ahmad Khan, aged 16, son of Ghulam
Mohammad, resident of Rainawari, Srinagar,
CASE was assassinated by the firing by JK Police.71

On 11 June 2010 12th Standard Student, Tufail CASE


Ahmad Mattoo, aged 17, son of Muhammad
On 17 July 2010, Faizan Ahmad Bhuroo, aged
Ashraf, resident of Saida Kadal, Srinagar was
13, resident of Azad Gunj, Baramulla, was
hit by teargas shell by JK Police.66
drowned in water by JK Police.72

CASE CASE
On 28 June 2010, 1st year CollegeStudent,
On 30 July 2010, Adil Sheikh, aged 14, son of
Tajamul Bashir Bhat, aged 17, Bashir Ahmed
Ramzan Sheikh Pattan, Baramulla, was shot
Bhat, resident of Wadoora Sopore, Baramulla,
dead by the firing on protesters by JK Police
was killed during firing on protesters by Indian
and Indian Armed Forces (CRPF).73
Armed Forces (CRPF) and JK Police.67
CASE
CASE
On 30 July 2010, Adil Ramazan Sheikh, aged
On 28 June 2010, Tauqeer Ahmad Rather,
13, son of Muhammad Ramazan Sheikh,
9 years old, son of Ghulam Hassan Rather,
68 Ibid
63 Ibid 69 Ibid
64 Ibid 70 Ibid
65 Ibid 71 Ibid
66 Ibid 72 Ibid
67 Ibid 73 Ibid
*Ibid

A REPORT FROM KIIR


31
resident of Palhallan, Pattan, baramulla, was CASE
shot dead by the firing by Indian Armed crpf.74
On 02 August 2010, Tariq Ahmad, aged 17,
son of Farooq Ahmad Dar, resident of Semthan
CASE
Bijbehara, Anantnag, was shot dead by the
On 31 July 2010, Mudasir Ahmed Lone, aged firing on protesters by JK Police and Indian
17, son of Ghulam Ahmed Lone, resident of Armed Forces (CRPF).80
Naidkhai Sumbal, Bandipora, was shot dead
by the firing on protesters by JK Police and CASE
Indian Armed Forces (CRPF). 75
On 02 August 2010, Rameez Ahmad, aged
16, son of Late Abdul Rasheed Bhat, resident
CASE
of Kulgam, was shot dead by the firing on
On 01 August 2010, Afroza Teli, aged 15, protesters by JK Police and Indian Armed
resident of Khrew, Pulwama, was shot dead by Forces (CRPF).81
the firing on protesters by JK Police and Indian
CASE
Armed Forces (CRPF).76
On 2 August 2010, Ashiq Husain Bhat,
CASE 15 years old, son of Ghulam Hassan Bhat,
resident of Kulgam, was shot dead by the
On 02 August 2010, Basharat Ahmad Reshi,
firing on protesters by JK Police and Indian
aged 14, son of Muhammad Ismail Reshi,
Armed Forces (CRPF). 82
resident of Wachi, Shopian, was shot dead by
the firing on protesters by JK Police and Indian CASE
Armed Forces (CRPF).77 On 02 August 2010, Sameer Ahmad Rah, 7
years old, son of Fayaz Ahmad Rah, resident of
CASE Batmaloo, Srinagar, was beaten to death by JK
On 02 August 2010, Irshaad Ahmad, aged Police and Indian armed Forces (CRPF).83
17, son of Muhammad Abdullah, resident of CASE
Reshipora Sangam, Anantnag, was shot dead On 03 August 2010, Suhail Ahmad Dar, aged
by the firing on protesters by JK Police and 15, resident of Zainakote, HMT, Srinagar,
Indian Armed Forces (CRPF).78 was fired and beaten to death by the firing
on protesters by JK Police and Indian Armed
CASE
Forces (CRPF).84
On 02 August 2010, 9th Standard Student,
CASE
Ashiq Husain Bhat, aged 15, son of Ghulam
On 03 August 2010, 12th Standard Student,
Hassan Bhat, resident of Kulgam, was shot
Anis Khursheed, aged 17, son of Khursheed
dead by the firing on protesters by JK Police
Ahmad, resident of Dangarpora Eidgah,
and Indian Armed Forces (CRPF).79
Srinagar, was fired and beaten to death by the
firing on protesters by JK Police and Indian
Armed Forces (CRPF).85
74 Ibid 80 Ibid
75 Ibid 81 Ibid
76 Ibid 82 Ibid
77 Ibid 83 Ibid
78 Ibid 84 Ibid
79 Ibid 85 Ibid
*Ibid

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


32
CASE CASE
On 13 August 2010, Mudasir Ahmed Zargar, On 13 September 2010, Aqib Ahmad Wagay,
aged 16 years old, son of Ghulam Hassan aged 14, son of Gulzar Ahmad Wagay,
Zargar, resident of Trehgam, Kupwara, was resident of Anantnag, was shot dead by Indian
fired and beaten to death by the firing on armed forces (CRPF) and JK police during an
protesters by JK Police and Indian Armed Unprovoked Firing.92
Forces (CRPF).86
CASE
CASE
On 13 September 2010, Adil Ahmad Lone,
On 14 August 2010, Umar Ahmad Dar, 16 aged 9, son of Abdul Gaffar, resident of
years old, son of Abdul Ahad Dar Narbal, Charar-i- Sharief, Budgam was shot during
Budgam, was fired and beaten to death by the Firing on protesters JK Police and Indian
the firing on protesters by JK Police and Indian Armed Forces (CRPF).93
Armed Forces (CRPF).87
CASE
CASE On 13 September 2010, 10th Standard
On 19 August 2010, Milad Ahmad Dar, 8 Student, Adil Gaffar Teli, aged 16, son of Abdul
years old, Muhammad Amin Dar, resident of Gaffar Teli, resident of Budgam, was shot
Wanpora, Khudwani, Kulgam, was fired and during firing on protesters JK Police.94
beaten to death by the firing on protesters by
CASE
JK Police and Indian Armed Forces (CRPF).88
On 13 September 2010, Aqib Ahmad Wagay,
CASE aged 14, son of Gulzar Ahmad Wagay, resident
of Anantnag, during an Unprovoked firing by
On 25 August 2010, 11th Standard Student,
JK Police and Indian Armed Forces (CRPF).95
Umar Qayoom Bhat, aged 17, son of Abdul
Qayoom Bhat, resident of Soura, Srinagar, was CASE
tortured in custody by JK police.89 On 02 October 2010, 11th Standard Student,
Omar Sulaiman, 15 years old, son of Late
CASE Mohammad Sulaiman Sheikh, resident of
On 30 August 2010, Irshad Ahmad Parray, 9 Rafiabad Baramulla, was shot by the Indian
years old, son of Muhammad Ashraf Parray, Armed Forces (52 Rashtriya Rifles of Army).96
resident of Old Iddgah, Anantnag, was hit by
CASE
scores of pellets by JK Police.90
On 12 November 2010, 6th Standard Student,
CASE Arif Ahmad Bhat, aged 13 , son of Javaid
Ahmad Bhat, resident of Chinkral Mohalla,
On 13 September 2010, 7th Standard Student,
Habbakadal, Srinagar was hit by tear smoke
Danish Nabi, 13 years old, son of Ghulam Nabi
canister by JK Police and Indian Armed Forces
Kumar, resident of Charar-i-Sharief, Budgam,
(CRPF).97
was shot dead by JK police. 91
86 Ibid 92 Ibid
87 Ibid 93 Ibid
88 Ibid 94 Ibid
89 Ibid 95 Ibid
90 Ibid 96 Ibid
91 Ibid 97 Ibid

A REPORT FROM KIIR


33
CASE CASE
On 11 December 2010, 5th Standard Student, On 30 January 2013, 2nd Standard Student,
Iftikhar Ahmed, aged 10, son of Mohammad Khursheed Hussain, 7 years old, Lal Hussain
Latief, resident of Behra, Mendhar, Poonch, Darra Rajouri, died due to Grenade blast by
died due to bursting of explosive Indian Armed Indian Armed Forces (Army).104
Forces (39 Rashtriya Rifles of Indian army). 98
CASE
CASE
On 13 February 2013, Ubair Mushtaq, 15 years
The youngest victim of violence in Jammu
old, resident of Watrgam Rafiabad, Baramulla,
and Kashmir in the last fifteen years was
was fired at in the abdomen by Indian Armed
the 10-month-old baby Irfan who was
Forces (CRPF).105
killed in 2010, when his mother was caught
between government forces and protestors in CASE
Dangiwacha, Baramulla. 99 On 17 February 2013, Zameer Ahmad Dar,
CASE aged 14, son of Abdul Rashid, resident of
Batwina, Ganderbal, was tortured by the
On 19 May 2012, Sajad Ahmad Darzi son of
Indian Armed Forces (CRPF).106
Ali Mohammad Darzi, resident of Babateng,
Pattan, was hit by pellets 2 years back by JK
CASE
Police and Indian Baramulla Armed Forces
(CRPF).100 On 30 June 2013, 12th Standard Student, Irfan
Ahmad Ganaie, aged 17, son of Ghulam Nabi
CASE Ganaie, resident of Teng Mohalla, Markunda,
On 17 October 2012, 8th Standard Student, Bandipora died due to the Indiscriminate firing
Liyaqat Ahmad Deedar, aged 16, son of Nazeer by Indian Armed Forces (33 Rashtriya Rifles of
Ahmad Deedar, resident of Uri, Baramulla died Army ofSafapora Camp).107
due to the explosion of Cross LOC shelling.101
CASE
CASE
On 07 September 2013, Tawseef Ahmad Bhatt,
On 17 October 2012, Shaheena Akhtar, aged aged 17, son of Gul Muhammad Bhat, resident
16, son of Mohammad Ismail Lohar, resident of Bonna Bazar area of Shopian used to run a
of Uri, Baramulla, due to the explosion of juice corner. He died due to the Indiscriminate
Cross LOC Shelling.102 firing Indian Armed Forces (CRPF).108

CASE
CASE
On 30 January 2013, 3rd Standard Student,
On 19 May 2014, Simran Akhter, aged 9,
Shezani Kousar, aged 9, son of Lal Hussain,
resident of Lassipora Drung, Budgam, due to
resident of Rajouri died due to Grenade blast
the bursting of explosive shell by the Indian
by Indian Armed Forces (Army).103
Armed Forces (Army).109

98 Ibid 104 Ibid


99 Ibid 105 Ibid
100 Ibid 106 Ibid
101 Ibid 107 Ibid
102 Ibid 108 Ibid
103 Ibid 109 Ibid

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


34
CASE CASE
On 19 July 2014, 9th Standard Student, On 9 July 2016, Irfan Ahmad, aged 16, son
Suhail Ahmad Lone, aged 15, Ghulam Qadir of Manzoor Ahmad Malik, resident of Newa,
Mishipora, resident of Howoora, Kulgam, Pulwama, died due to the Firing on protesters
was shot by the firing on protesters by Indian by JK police.116
Armed Forces (CRPF).110 CASE
In July, 2016, Irshad Ashraf, a student of class
CASE
8, got martyred by the hands of brutal Indian
On 03 November 2014, 5th class student, forces, who snatched his right of life just like
Burhan Yousuf, 13 years old, resident of the other hundred children in Indian occupied
Nowgam, Srinagar, died due to the firing on a Kashmir. He was basically a resident of South
car by the Indian Armed Forces (53 Rashtriya Kashmir. His mother recounted that we always
Rifles of Army). 111 used to be very vigilant about Irshad and we
took good care of him. His mother cried, “He
CASE was too young”. His mother narrated that one
On 18 April 2015, Suhail Ahmad Sofi, 16 years day, they heard shooting erupted outside their
old, son of Abdul Ahad, resident of Magam, house, she suddenly rushed outside to look
Budgam, was assassinated during firing on a for Irshad. On asking her younger son, he was
group of peaceful youth by JK Police.112 also unaware of Irshad. Soon after, few people
came to their house reporting that Irshad got
CASE injured by the bullet. Irshad was taken to the
hospital at Pampore. He succumbed to the
On 08 July 2016, 12th Standard Student,
injuries and died on the way to hospital. She
Zubair Ahmad Khanday, aged 17, resident
sobbed and said that her child was not carrying
of Qaimoh, Kulgam, was shot dead by Indian
any weapon. Might be, he had thrown a stone
Armed Forces.113
at the police but what could a stone do to a
CASE police officer. She cried over the misery of
her son. She asked helplessly how she could
On 8 July 2016, Saqib Manzoor Mir, aged
regain peace of her mind, how she would not
14, son of Maznoor Ahmad Mir, resident of
be able to hear the screams of her son. It is
Khundru Achabal, Anantnag, was Killed by
surely an immense loss for her which could
Indian armed forces during a protest.114
never be reimbursed. 117

CASE CASE
On 9 July 2016, 10th Standard Student, Danish On 10 July 2016, 9th Standard Student, Asif
Ayoub Shah, aged 15, resident of Magraypora, Gulzar Bhat, aged 14, son of Gulzar Ahmad
Achabal, Anantnag was fired on head with Bhat, resident of Kulgam, was shot dead
bullets by JK Police.115 at short range Indian Armed Forces (CRPF
personal of Zainpora).118
110 Ibid 116 Ibid
111 Ibid 117 Rasool, S., Vishal, & Prakash, S. (2017, March 06). How
112 Ibid Kashmiri Children Are Tortured Under The Public Safety Act. Retrieved
113 Ibid December 14, 2020, from https://www.youthkiawaaz.com/2016/07/kash-
114 Ibid mir-torture-under-public-safety-act/
115 Ibid 118 Ibid
7. Rasool, S., Vishal, & Prakash, S. (2017, March 06). How Kashmiri Children Are Tortured Under The Public Safety Act. Retrieved December 14,
2020, from https://www.youthkiawaaz.com/2016/07/kashmir-torture-under-public-safety-act/

A REPORT FROM KIIR


35
CASE CASE
On 11 July 2016, Zubair Ahmad Kathsoo, son On 05 September 2016, Aasif Majeed Nagoo,
of 16, resident of Pahalgam, Anantnag, was aged 17, son of Abdul Majeed Nagoo, resident
tortured and then drowned into water by of Sonawani village, Kupwara received pellets
Indian Armed Forces (CRPF). 119 and afterwards beaten critically by Indian
Armed Forces (CRPF).125
CASE
On 15 July 2016, a potter worker, Sayar CASE
Ahmad Kumar, aged 17, resident of Kulgam, On 16 September 2016 7th Standard Student,
died due to the Firing on protesters by the Basit Mukhtar, aged 13, son of Late Mukhtar
Indian Armed Forces.120 Ahmad Bhat, resident of Dalipora, Pulwama,
was Shot by a tear smoke shell on his head by
CASE
the Indian Armed Forces.126
On 11 July 2016, Shahid Gulzar, aged 14,
son of Gulzar Ahmad, resident of Chiripora, CASE
Zainapora, Shopian, was shot by Indian Armed On 16 September 2016, Nasir Shafi Qazi, 12
Forces (CRFP).121 years old, resident of Harwan, Srinagar was hit
by pellets and afterwards beaten to death by
CASE
Indian Armed Forces.127
On 14 July 2016, 10th Standard Student, Irfan
Ahmad Dar, aged 15, son of Maqsood Ahmad CASE
Dar, resident of Tuli, Nowpora, Kulgam was On 19 September 2016, 7th Standard Student,
beaten mercilessly causing heart arrest.122 Khushboo Jan, aged 13, son of Muhammad
Hussain Bhat, resident of Gadafpora village,
CASE
Shopian, died due to the Cardiac arrest due to
On 31 July 2016, Ishfaq Ahmed Dar, aged 17,
being caught between protesting youth and
son of Abdul Khaliq Dar, resident of Tarzoo,
armed forces.128
Sopore Baramulla, died due to the brain
damage by injury, which according to the CASE
Director SKIMS Dr A G Ahangar, were caused On 07 October 2016, 7th Standard Student,
due to beating by forces and according to the Junaid, 12 years old, son of Ghulam Mohammad
police were caused by falling from a tree by Akhoon, resident of Eidgah, Srinagar, fell to the
the Indian Armed Forces.123 pellets fired by CRPF Indian Armed Forces.129
CASE CASE
On 15 August 2016, 10th Standard Student, On 05 November 2016, 10th Standard
Muhammad Yasir Sheikh, aged 16, son of Student, Kaiser Ahmad Sofi, 16 years old,
Abdul Salam Sheikh, resident of SD Colony Abdul Hameed Sofi, resident of Dadha
Batmaloo, Srinagar was killed in “target firing” Mohalla, Shalimar, Srinagar was tortured
Indian Armed Forces and JK Police. 124 and subsequently poisoned in custody by JK
Police.130

119 Ibid 125 Ibid


120 Ibid 126 Ibid
121 Ibid 127 Ibid
122 Ibid 128 Ibid
123 Ibid 129 Ibid
124 Ibid 130 Ibid

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


36
CASE CASE
On 10 November 2016, Munaza Rashid, 13 On 09 April 2017, 1st year College Student,
years old, daughter of Abdul Rasheed Kondoo, Mohammad Abbas, aged 16, son of Fateh
resident of Manz Mohalla, Anchaar, Soura, Mohammad Rather, resident of Hardu Dalwan,
Srinagar, died due to inhaling PAVA smoke by Charar-e-Sharief, Budgam, was hit by bullets
JK Police and Indian Armed Forces (CRPF).131 by Indian Armed Forces (BSF).137

CASE CASE
On 09 April 2017, 10th Standard Student, Akeel
On 30 December 2016, 9th Standard Student,
Ahmad Wani, aged 17, son of Mohammad
Faiz Hussain, aged 15, son of Tanveer Hussain
Amin Wani, resident of Churmujroo, Budgam,
Noorkote, resident of Degwar, Poonch was
was shot dead outside a polling Booth by the
killed in heavy shelling of mortars during a
Indian Armed Forces (ITBP Personnel).138
fresh wave of cross Line of Control (LoC) firing
in Poonch.132 CASE
On 13 May 2017, Asiya, aged 13, daughter
CASE
of Mohammad Aslam, resident of Nowshera
On 9 March 2017, 9th Standard Student Amir, sector, Rajouri, died due to the Cross border
aged 15, son of Nazir Ahmad Wani, resident shelling along LOC in Nowshera sector Rajouri
of Begumbagh Kakapora, Pulwama was Killed district.139
just near the encounter site by the Indian
CASE
Armed Forces.133
On 17 June 2017, Ahsan Dar, aged 14, resident
CASE of Shamuspora Anantnag, was shot dead by
On 15 March 2017, Kaneeza, aged 8, daughter the Indian Armed Forces.140
of Khushi Muhammad, resident of Kupwara
CASE
killed “by a stray bullet” during a encounter by
On 17 July 2017, Saida Kouser, aged 8,
Indian Armed Forces.134
daughter of Mohammad Kafil Khan, resident of
CASE Barooti village in Balakote, Mendhar Poonch,
On 28 March 2017, Amir Fayaz Waza, aged was killed due to cross LOC shelling.141
16, son of Fayaz Ahmad Waza, resident of
CASE
Wathoora, Budgam was hit by a bullet on the
On 09 August 2017, Muhammad Younis
chest by JK police.135
Sheikh, aged 16, son of Abdul Khaliq Sheikh,
CASE resident of Saimoh village in Tral, Pulwama,
On 09 April 2017, 7th Standard Student, Faizan was fired with pellets Indian Armed Forces.142
Ahmad Dar, aged 12, son of Fayaz Ahmad Dar, CASE
resident of Hardu Dalwan, Charar-e-Sharief, On 2 October 2017, Asrar Ahmad, 09 years
Budgam, was hit by bullets by Indian Armed old, resident of Mohallha Qasba, Poonch
Forces (BSF).136 was killed during cross LOC shelling along
Poonch.143
137 Ibid
131 Ibid 138 Ibid
132 Ibid 139 Ibid
133 Ibid 140 Ibid
134 Ibid 141 Ibid
135 Ibid 142 Ibid
136 Ibid 143 Ibid

A REPORT FROM KIIR


37
CASE CASE
Asrar Khan, a student of Class 11, was injured On 26th of June, 2020, Nihaan, a four year
in the head by a tear gas shell and pellets, shot old boy, resident of Machwa Yaripora village
by Indian security forces, on August 6, 2019, in Kulgam, Kashmir, was brutally assassinated
outside his home in the main city of Srinagar’s by the firing of Indian troops. This horrific
Ellahi Bagh area. He was then admitted to the incident occurred on June 25, when Nihaan
Sher-i-Kashmir-Institute of Medical Science was kicking and hitting the cabinet doors in
(SKIMS) in a critical condition. For nearly a the kitchen while his family was busy preparing
month and against all odds, Asrar battled for dinner. As his sister, Fiza Jan, narrated that
his life, supported by a ventilator machine. they tried to calm him down but he didn’t
Asrar Khan’s admission card at the SKIMS said stop. Next day, Nihaan was getting ready to
he had suffered multiple pellet injuries and go to Bijbehara in Anantnag, with his father,
was hit by a tear gas shell. He then died after Bhat, who was a teacher and he had some
striving for life for a month in a hospital.144 work there. Then Nihaan greeted a warm
goodbye to his mother and two sisters and
CASE promised to be a good boy. He got into the car
In August 2019, Tufail Mattoo, a 10th-grade with his father and uncle, Nisar Ahmad, and
private school student from Srinagar, had been they left for Bijbehara. At around 12 pm, they
killed by a tear gas canister fired at close range reached there. Bhat got out of the car and
by Indian soldiers. He was assassinated during told Ahmad and Nihaan to remain there since
a protest against the abrogation of article 370 he would be back soon. Soon after, Nihaan
of Indian constitution by Indian government. laid his head down as he was feeling sleepy.
Kashmiris took to the streets to voice their Suddenly, a heavy firing broke out between
anger, and the police responded with even militants and Indian troops at around 12:15
more unlawful violence.145 pm. Ahmad explained sorrowfully that he tried
to start the car at that moment but he realized
CASE that something terrible had happened. When
On 17 September, 2019, 15-year-old Yawar he looked at Nihaan, he screamed as Nihaan
Ahmed Bhat from Chandigam Village, was covered with blood with his mouth open.
Pulwama District, died after consuming poison Ahmad panicked and rushed to a hospital one
as a result of the trauma from being beaten kilometre from the bunker, but Nihaan was
and detained by Indian security forces.146 already dead. A bullet had entered his body
close to his heart. 148
CASE
On May 6, 2020, the joint party of the army’s
55 Rashtriya Rifles, Central Reserve Police
Force (CRPF), and the police assassinated a 14
year old boy named Hazim Bhat in Handwara,
during a pretext of Cordon and search
operation which resulted in massive shootings
by Indian army.147
144 Ayesha Waheed & Altaf Hussain Wani, (2019). Human Rights
Report (2019 ed., Rep.). Kashmir Institute of International Relations
145 Ayesha Waheed & Altaf Hussain Wani, (2019). Human Rights
Report (2019 ed., Rep.). Kashmir Institute of International Relations. Report (2019 ed., Rep.). Kashmir Institute of International Relations
146 Ayesha Waheed & Altaf Hussain Wani, (2019). Human Rights 148 Kashmir: 4-Year-Old Boy Killed in Cross Firing Between Mili-
Report (2019 ed., Rep.). Kashmir Institute of International Relations. tants and CRPF. (n.d.). Retrieved December 14, 2020, from https://thewire.
147 Ayesha Waheed & Altaf Hussain Wani, (2019). Human Rights in/rights/kashmir-minor-boy-killed-crossfiring-militants-crpf

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


38
related offences for being part of an alleged
unlawful assembly that was “pelting stones on
ILLEGAL vehicles and attacked the police party which
was on duty.” Dar was released after 10 days,

DETENTIONS as the authorities did not pursue criminal


prosecution. Dar’s family told Amnesty
International that while he, along with many

& PELLET other local boys, was indeed involved in some


of the protests in 2008 over the transfer of land

VICTIMS CASES to a Hindu shrine, he had stopped taking part


after his initial arrest. They said that this did
not stop the police from regularly visiting the
house after each incident of stone pelting in
CASE the area, harassing the family and threatening
9-year-old Javed Ahmad Dar of Ladoora, to arrest Dar. Even though the family members
Rohama from Baramulla district, was detained told them that their son had learnt his lesson
by the Indian armed forces during a cordon and stopped such activities, the police said to
and search operation in November 1991 and his parents that he was a “born criminal.” The
till now no trace of him can be found.149 PSA detention order was ultimately quashed
by the High Court and he was released. 150
CASE
CASE
In November 2008, 16-year-old Mehraj-ud-
din Khanday was detained by Indian security Nayeem Ahmad Dar (DMS/PSA/21/2009),
forces and then booked under PSA. The UN aged 17, was apprehended in June 2009 for
WGAD found that the detention under the alleged involvement in stone pelting. He was
PSA of 16-year-old Mehraj-ud-din Khanday detained without trial till September 2009
was not only arbitrary, but also further violated when the High Court quashed his detention
Article 14(4) of the ICCPR, which requires that under the PSA (HCP 120/09). His family told
all proceedings against juveniles shall take Amnesty International that he was kept with
into account their age and the desirability of adults in a jail in Poonch. 151
promoting their rehabilitation. The UN WGAD
noted that in their response, the Government CASE
of India had “not commented on or provided a 14-year old, Mushtaq Ahmad Sheikh (DMS/
reason for not extending the rights accorded PSA/05/2010) was held in administrative
under international law to a minor.” detention for nearly 10 months from 21 April
2010 to 10 February 2011. He was arrested
CASE on 9 April 2010 in a criminal case of rioting
and attempt to murder, allegedly as part of
Nayeem Ahmad Dar (DMS/PSA/21/2009)
a stone-pelting mob. Released on bail eight
- a child aged 17 at the time - was held in
days later, he was detained under the PSA on
administrative detention under the PSA for
21 April. The grounds of detention state his
over three months from June to September
age to be 19 although his family told Amnesty
2009. He had previously been arrested in May
International that he was born in 1996 and is
2008 in a criminal case of rioting and other
149 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact 150 Document. (n.d.). Retrieved December, from https://www.
of Violence on the Children of Jammu and Kashmir (Rep.). Jammu amnesty.org/en/documents/ASA20/001/2011/en/
Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up- 151 Document. (n.d.). Retrieved December, from https://www.
loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf amnesty.org/en/documents/ASA20/001/2011/en/

A REPORT FROM KIIR


39
only 14 years old. Prison records confirmed Police persons in turn of some consideration
the family’s claim of Mushtaq being a child.152 paid by parents of Asif. Asif was asked to
reveal the names of children that participated
CASE in protest against the State. Asif’s family
tried reaching everyone in a position they
On 05 July 2010, Muzaffar Ahmad Bhat,
thought could help, yet to no help of theirs.
aged 17, son of Bashir Ahmad, resident of
The list of FIRs that were filed against Asif
Gangbugh area in Srinagar, was tortured in
seemed to be unending to his family, bailed
police custody by JK Police.153 out once he would be rearrested outside the
CASE Court Premises on FIRs by different Police
Stations. This is why he was kept in custody
In March 2013, Asif Majeed a minor, of
by circulation between various Police Stations.
Hazratbal Srinagar of Jammu and Kashmir was
Asif remembers that Police would direct him
slapped with Public Safety Act and detained
to tell the lesser number of days of detention
in various police Stations across Srinagar
before the Court when asked by Court,
starting from Zakura Police Station, to Nigeen
assuring him of his release at earliest. Asif used
Police Station, Lal-Bazar Police Station and
to follow what police would say, after all what
Soura Police Station in turns and rotation.
can be expected from a child who remains
Asif Majeed, a 16 year old boy at the time of
within the custody of police for a long time,
arrest, was the sole bread earner of the family.
other than following the direction of police.
He was detained by police on the way to his
Asif’s detention under PSA was quashed by
employers’ shop where he was working to
the Srinagar High Court after a Habeas Corpus
support his family. The charges against Asif
petition was filed by his family. 154
as per the detention order were “threat to the
Peace and Law and Order” as his detention CASE
order under public safety Act read, ignoring the
On July 8, 2016, Bilal, a seventeen year old
juvenility of the person and the qualifications
boy, resident of Kralgund village in Kupwara
under Section 8 of the PSA after Amendment
district of Jammu and Kashmir is a victim of
in 2012. While the Government authority
refused to accept Asif as a juvenile when the such humiliation. Bilal expresses how these
issue was raised by parents, the record in Indian forces had made his life difficult and
Government Boys Middle School Gulabagh, miserable. They had achieved their target by
were Asif has been a student showed his Date making him uncomfortable in his own home.
Of Birth as 30th April 1997 which was verified He could not sleep. He could not go to school.
by Zonal Education Officer of the Gulabagh Bilal narrated sorrowfully that the indian
(I have copy of the certificate issued). Asif forces hung his trouser on a walnut tree, and
has many anecdotes of sufferings and pain he further cried that that was the only thing
to recount during his detention, which he has he was wearing that day. He said that he had
gone through during detention. At one point gone out for some work on August 3, 2016 at
of time, during detention at Lal-Bazar Police around 2:30 pm. He didn’t know a rally was
Station, Asif was allowed to spend three hours
being held at some distance. Suddenly, as the
with his family, which Asif says was a kind of
crowd dispersed from the venue, the police
understanding and setting between family and
jumped into action and started randomly
152 Document. (n.d.). Retrieved December, from https://www.
amnesty.org/en/documents/ASA20/001/2011/en/ arresting the passers-by. He alleged that he
153 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact
of Violence on the Children of Jammu and Kashmir (Rep.). Jammu 154 Latief, F. (n.d.). Children in Kashmir and Access To Justice. Re-
Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up- trieved December 14, 2020, from https://www.academia.edu/10452395/
loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf Children_in_Kashmir_and_Access_To_Justice

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


40
and three youths from a nearby village were was arrested when he returned home to
detained at the Kralgund police station and attend his grand mother’s funeral and thus
beaten. In addition to that, those brutal police booked under PSA and remained in jail for
men undressed and tied him to a tree trunk. almost a year from 2016 to 2017. He was
They hung his clothes on the branches of taken to Kote Bhalwal Jail, Jammu. There, he
a nearby walnut tree, and, then, for several had experienced the worst form of torture.
hours, they left him in that embarrassing He explained that Indian soldiers harassed
position, as if to gain amusement. At the him physically as well as mentally. He further
time of his arrest, Bilal was a Class IX student retrieved that the officials forced them to cut
at Government Higher Secondary School at grass and do other menial jobs the entire day
Kralgund. Indian security forces soon lodged and they often used to strip them. “In those
him Bilal was lodged at the Handwara jail 72 hours, if I had had a weapon, I would have
for 18 days without remand. Soon after, he killed myself,” he proclaimed as he was solely
was booked under Public Safety Act and kept for three days at the Humhama centre
thus shifted to Udhampur Jail, Jammu, nearly which is a juvenile home in Srinagar. He
300 km from his hometown. His family then narrated that he had sought permission from
provided documents supporting his status the Jammu and Kashmir High Court to appear
as a minor but the police did not relent. Bilal for his semester exams at Kashmir university.
was in jail sharing his cell hardened criminals The misery was that he was taken there hand-
sentenced for rape and murder. It took 30 cuffed and he wasn’t able to write properly as
days for his parents to prove that he is a minor the police man also stood beside him making
and thus he was shifted to Juvenile Home in him more horrified and uncomfortable. 156
Harwan, Srinagar. This extensive torture and
humiliation left him with severe depression CASE
and anxiety and that is how the Indian forces On 25 July 2010, Tariq Ahmad Dar, aged 17,
weakens the bright Kashmiri children by an resident of Panzala Rafiabad, Baramulla, was
unlawful, abusive detention, snatching their tortured in police custody by JK Police.157
dreams from their eyes and throw them in
waste.155 CASE
CASE On May 3, 2014 Waseem Ahmed, a minor
Here is an incident of Bandipora, where a from District Pulwama of State of Jammu and
postgraduate student said that the indian Kashmir was booked under Public Safety Act
police had offered a cash prize of Rs 40,000 and was lodged in Sub District Jail Kathua
for any information that would facilitate subsequently. Before the PSA order, police had
his arrest. His only crime was that he had registered FIR against him on various charges
addressed the gathering on July 9, 2016, under Ranbir Penal Code and was arrested
when Burhan Wani was martyred. Then the from Hospital while Waseem was undergoing
next day, he again instigated the youth to some treatment. Waseem, age 16 years as
fight for their freedom. He claimed that one per School leaving certificate which shows
should fight for their right of freedom, and 156 Prison Diaries: Students and Minors Recount Horrors of Kash-
mir’s Public Safety Act. (n.d.). Retrieved December 14, 2020, from https://
it’s absolutely legal. But, unfortunately he thewire.in/rights/kashmir-detention-public-safety-act
157 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact
155 Prison Diaries: Students and Minors Recount Horrors of Kash- of Violence on the Children of Jammu and Kashmir (Rep.). Jammu
mir’s Public Safety Act. (n.d.). Retrieved December 14, 2020, from https:// Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up-
thewire.in/rights/kashmir-detention-public-safety-act loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf

A REPORT FROM KIIR


41
2-9-1998 his Date of Birth, has been charged CASE
for being “Prejudicial to the maintenance of
Ifrah, 17, whose house is on a main road in
Public Order’’ while the grounds of detention
Pulwama’s Rahmoo village, was shot by pellet
read “Preventing the detenu from acting in
guns when she left home to fetch her younger
any manner prejudicial to security of State”.
brother on 31 July, 2016. The teenager had
Before the order was passed the minor was in
already lost her father to cross-border firing in
custody of the police, so how could he prove
2007 and has been living with her grandfather,
prejudicial to the security of the State, argues
Abdul Aziz. She lost complete vision in her left
his Lawyer at Srinagar High Court. The lawyer
eye and can only partially see from the right.160
also points towards the Section 8 of the Public
Safety Act which provides for prohibition of CASE
detention of persons below the age of 18
years, and argues that the detention order Eight-year-old Junaid Ahmad in July, 2016,
is irregular and void. And more importantly, became the latest victim of ‘targeted fire’
Waseem is a minor and under the Juvenile when he was shot at from close range by a
Justice Act 2013 he cannot be detained in pellet gun, resulting in extensive injuries to
any adult jail, however heinous a crime he his chest. He is the latest to figure in the grim
may be involved in. The Government has statistics showing that 14 per cent of those
lodged him in one of the most dreaded jails injured by pellets since July 9 are below the age
of Jammu and Kashmir, almost 400 kms away of 15 and face complicated surgeries. Ahmad
from his Home. His family has filed a petition was standing in a lane outside his house at
for Habeas Corpus before the Srinagar High Nawabazaar’s Qalamdanpora area on Sunday
Court, to seek to produce the minor before evening when the security forces started
the court, writ of Mandamus for release of withdrawing from the area after the day-long
the minor and an inquiry against the State curfew. “A police Rakshak vehicle stopped
for misrepresentation of age of the minor. at the lane and chased people assembling in
On 20 May, 2014 the High Court directed the area. Ahmad did not flee from the spot.
the Government authority to shift the minor Instead, he stood there. He was shouted at by
from District Jail Kathua to Juvenile Home a police man from the vehicle and then fired
in Kashmir, which till July 15, 2014 did not at without any consideration for his age,” said
happen amounting to more than two months Ahmad’s relative at the Shri Maharaja Hari
detention of the minor in the Adult Jail.158 Singh (SMHS) Hospital. Dozens of pellets hit
Ahmad in the chest, with some penetrating
CASE through to his lungs. “There are multiple pellet
injuries in the chest but he is showing signs of
Insha, 16 years old, was hit by pellets on the
improvement,” said a doctor in the hospital. “If
evening of July 11, 2016, three days after
he was a little closer to the barrel of the pellet
Burhan Wani was killed, when she opened a
shotgun, given his tender skin, pellets would
window to look outside her home in Sedow
have ruptured his lungs,” the doctor said.161
village of south Kashmir’s Shopian district. 159
160 Pellet Guns and Children of Kashmir Valley. (n.d.). Retrieved
158 Latief, F. (n.d.). Children in Kashmir and Access To Justice. Re- December 14, 2020, from https://www.childrights.in/2018/08/pellet-
trieved December 14, 2020, from https://www.academia.edu/10452395/ guns-and-children-of-kashmir-valley.html
Children_in_Kashmir_and_Access_To_Justice 161 Ashiq, P. (2016, October 01). 14% of pellet gun victims in
159 Pellet Guns and Children of Kashmir Valley. (n.d.). Retrieved Kashmir are below 15. Retrieved December 14, 2020, from https://www.
December 14, 2020, from https://www.childrights.in/2018/08/pellet- thehindu.com/news/national/other-states/14-of-pellet-gun-victims-in-
guns-and-children-of-kashmir-valley.html Kashmir-are-below-15/article14583549.ece

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


42
CASE station where he was kept for a few weeks
before being released.164
On 08 August 2016, Amir Bashir Lone, aged
17, resident of Sedow, Shopian, was hit by
CASE
pellets from close range by Indian Armed
Forces.162 Shabroza, 17, was hit by pellets on 31 October,
2016, and she lost vision in her left eye.165
CASE
CASE
On 31 August 2016, 12th Standard Student,
Danish Rasool, 17 years old, resident of One more incident to be noted here is
Wagoora, Baramulla was hit by pellets on the Haseeb Nabi Khan’s case, who was a 19 year
neck from a very close range JK police.163 old student who was booked under PSA in
October 2017. He was also placed at the Kote
CASE Bhalwal Jail. He requested the administration
to shift him to Srinagar Central Jail, as he had
On 16 September 2016, 16-year-old Rayees
to appear for exams in the capital city. But
Ahmad Mir from Delina area of Baramulla
the police’s response was curt. They said, ‘So
district of Kashmir was arrested by J&K police
what? On his examination days we will bring
under charges of throwing stones at armed
him to Srinagar.’ Can you expect a student to
forces and two days later, he was booked under
write his paper after travelling nearly 300 km
PSA. The PSA order stated that Rayees was
minutes before his exam?”166
18-year-old, which was incorrect according to
his school records. The order was challenged
CASE
by Rayees’s family in Jammu and Kashmir High
Court, and the family produced documents On 02 August 2017, a student Akeel Majeed
proving he was 16 years old. Even though the Bhat,17 years old, son of Late Abdul Majeed,
High Court ordered on 7 October 2016 that resident of Gabberpora, Haal, Pulwama was
Rayees be treated as a juvenile under Juvenile critically injured near an encounter site on
Justice Act Rules, as prima facie evidence August 1 by Indian Armed forces.167
suggested that he was a minor – and he should
be transferred to a juvenile home. However, CASE
Rayees spent his entire detention period 360 World’s youngest pellet victim, Hiba Nisar,
kilometres away from his hometown in Kot who was injured in the right eye during pellet
Bhalwal jail in Jammu before he was released firing by the Indian forces on November 25,
in January 2017. Rayees was released three 2018, is battling to regain her sight. Hiba
weeks after the High Court quashed his PSA was just 19-month-old when she was injured
on 6 December 2016. Before being released, 164 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact
Rayees was taken to Joint Interrogation Centre of Violence on the Children of Jammu and Kashmir (Rep.). Jammu
Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up-
(JIC) Jammu where he was detained for some loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf
165 Pellet Guns and Children of Kashmir Valley. (n.d.). Retrieved
days before he was sent to Baramulla police December 14, 2020, from https://www.childrights.in/2018/08/pellet-
162 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact guns-and-children-of-kashmir-valley.html
of Violence on the Children of Jammu and Kashmir (Rep.). Jammu 166 Prison Diaries: Students and Minors Recount Horrors of Kash-
Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up- mir’s Public Safety Act. (n.d.). Retrieved December 14, 2020, from https://
loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf thewire.in/rights/kashmir-detention-public-safety-act
163 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact 167 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact
of Violence on the Children of Jammu and Kashmir (Rep.). Jammu of Violence on the Children of Jammu and Kashmir (Rep.). Jammu
Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up- Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up-
loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf

A REPORT FROM KIIR


43
outside her home when Indian forces started a Shahid’s mother, Shakeela Bano lost all hope
cordon and search operation in neighbouring that her son would be released anytime soon.
village Batgund. Nisar, her father said that the “My son is a kid, how can any justice system
family takes her for a check-up once or twice in the universe put a minor under the Public
a week but have not seen any positive sign till Safety Act?” she asked. “When I came to know
now. “They may operate upon her eye next that our son was shifted outside Kashmir,
month, and she had earlier undergone two darkness fell before my eyes. Everything
surgeries at SMHS Srinagar,” he said. Hiba’s seems blurred,” said Bano.
grandfather, Abdul Ahad Butt, narrated the Shahid’s family filed habeas corpus in the high
incidents of the day of the operation. “There court, and on September 20, the Supreme
was a huge cordon, but we were not aware Court of India directed the Juvenile Justice
that some forces’ men had laid an ambush Committee of Jammu and Kashmir High Court
outside our house. They were hiding behind to examine allegations that children have
a small tin fence as my daughter-in-law went illegally been detained. After much relentless
outside carrying her daughter. When they efforts of his family, On October 1, the PSA of
fired a pellet cartridge at her, Hiba’s mother Shahid was revoked, and he was released on
put her hand over the child’s face. Her hand 29th September, two months after his initial
and back also sustained injuries, but despite detention. Bano, sitting next to her son, stares
that, a pellet hit Hiba’s right eye deep, causing at him helplessly. She fears that her son will
major damage. Till date, she is not able to see not be able to live the life he could before.
from that eye.”168 Shahid, who is attending his 12th class board
exams, now sits in his room but doesn’t study,
CASE “I don’t feel like studying now, I don’t want to
On August 4, 2019, Shahid, a 16 year old remain confined in my room. I cannot believe
boy, resident of Srigufwara Anantnag, was that I am finally free,” he said.169
picked up from his home by Indian police.
They assured the family that he will be
CASE
released the next morning. Next day, the On August 5, 2019, Junaid Shafi Mir, aged
Indian government revoked the articles 370 17, picked up on Aug. 5, he was held in a cell
and 35 A of Indian constitution. When the with four others, with new detainees arriving
family went to the police station, they told and leaving each day. The security forces kept
them that they had shifted Shahid to Central on asking the names of stone pelters, when
jail Srinagar, 80kms from their place. After four Junaid said he didn’t know the boy, an officer
days, he was booked under Public Safety Act hit him with a wooden baton five times on his
and shifted outside Srinagar without informing knuckles and palms.170
the family. Shahid’s PSA dossier shows that
he was detained on false charges of being CASE
affiliated with a terrorist organisation, after On August 5, 2019, Eleven-year-old Mohsin
he completed his 12th class examination. But Bhat (name with-held) from Anchar, Soura-
the irony in his case was that he hadn’t even 169 Zargar, S. (2019, October 06). In Kashmir, boys aged 14 and
attended his 12th class board examination yet. 16 held under dreaded Public Safety Act and sent to Uttar Pradesh jails.
Retrieved December 14, 2020, from https://scroll.in/article/939516/
168 Hiba, youngest pellet victim in India-held Kashmir, still without in-kashmir-boys-aged-14-and-16-held-under-dreaded-public-safety-act-
sight. (n.d.). Retrieved December 14, 2020, from https://www.pakistanto- and-sent-to-uttar-pradesh-jails
day.com.pk/2019/03/10/hiba-youngest-pellet-victim-in-india-held-kash- 170 Ayesha Waheed, (2020). Human Rights Report (2020 ed.,
mir-still-without-sight/ Rep.). Islamabad: Kashmir Institute of International Relations.

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


44
Srinagar, was picked up – along with two of shotgun gun to his upper body and fired a
his friends, near a playground where they had shell right into his right shoulder. Then one of
gone to play cricket. The incident occurred the soldiers put his boot on his shoulder and
soon after the abrogation of Article 370 of pushed the shell further inside. Another tried
August 5. Before being beaten and kicked by to crush my neck. Only when some women
policemen, the trio were detained at the Soura started shouting did the soldiers leave,
police station for several days and were only otherwise they surely wanted to kill him. Then
let off after they were asked to report to the his neighbours took him to the hospital. He
police station. The mother of the detained had a gaping wound in his shoulder the size of a
minor maintains that she was beaten by the cricket ball, the latest victim of what Kashmiris
policeman in charge of the station and he say is indiscriminate brutality by Indian forces.
hurled invectives at her when she went to According to his father Nazir Ahmad, doctors
demand her son’s release. Mohsin was kept located “more than 400 pellets” in his torso.
under illegal detention and no formal charges Medical records showed that “multiple pellets
were brought against him.171 and one plastic canister” were removed.173

CASE CASE
On August 5, 2019, Farhan Farooq, son of Mamoon Ahmad, aged 17 years, 2nd year
Nazia, a skinny 13-year-old with a tuft of black student of the degree college, Pulwama,
hair, was the youngest in the house. Suddenly, arrested on 7th August, 2019 and lodged in
an Indian police vehicle came to a stop next Agra central jail under PSA. The Indian army
to them and armed officers jumped out in cordoned off his home at 2 am on the 7th
the August twilight. They bundled the three December and told the families that the youth
friends into the car, one of the other boys were being taken into preventive detention till
recalled later. Farhan began to cry. For the next August 15. However, when they went to the
week, Farhan’s family said, he was held in a jail Pulwama PS on 16th August, they were told
cell at the local police station in this Kashmiri he had been taken away to another city.174
town 10 miles outside of Srinagar. Nazia,
Farhan’s mother, said that she came to see her CASE
son every day and that officers sometimes let On the night of 7th August, 2019, when Umer
her speak to him. “He would cry and ask me to Bashir, a 14 year old boy, got off from the hard
take him home,” she said. “It was very difficult work in the small bakery, which he had set up
to see him like that.” 172 on his own , where he was preparing bread
for Eid-ul-Adha, a muslim occasional fest, on,
CASE he was all set to go to his bed. Suddenly, he
On August 6, 2019, Burhan Nazir Parrey, heard loud voices at 2 am. He was about to
aged 16, son of Nazir Ahmad, went out for a analyse what was happening but soon after
walk with a friend on the evening of August he found himself around Indian forces in
6 and turning a corner ran into members of his room, ordering him to go with them. His
the paramilitary Central Reserve Police Force mother and four sisters were huddled in the
(CRPF). One put the barrel of a pellet-firing living room, crying in despair. They were all
171 Ayesha Waheed, (2020). Human Rights Report (2020 ed., 173 Ayesha Waheed, (2020). Human Rights Report (2020 ed.,
Rep.). Islamabad: Kashmir Institute of International Relations. Rep.). Islamabad: Kashmir Institute of International Relations.
172 Ayesha Waheed, (2020). Human Rights Report (2020 ed., 174 Ayesha Waheed, (2020). Human Rights Report (2020 ed.,
Rep.). Islamabad: Kashmir Institute of International Relations. Rep.). Islamabad: Kashmir Institute of International Relations.

A REPORT FROM KIIR


45
asking for the reason they’re grabbing him CASE
with them. They responded that Umer was
On August 9, 2019, when Indian forces opened
involved in protest rallies and perhaps threw
fire on Kashmiri demonstrators in Srinagar,
stones at Indian soldiers. Such a pity on
Afshana Farooq, a 14-year-old, got injured by
these Kashmiris who are suffering from the
those shots. She was then treated in a Srinagar
punishment for their undone crimes. After
hospital after being nearly trampled in a
this, his family tried each and everything to
stampede. Her father said that they were just
prove his innocence and his age factor, under
marching peacefully after Friday prayers then
which he couldn’t be arrested under PSA.
suddenly the Indian forces started shooting at
Umer’s family was fortunate enough than the
them.177
other Kashmiri families as they have met their
kid in jail. Umer’s sister narrated that one of CASE
his teeth were broken when we met him. They
took some clothes for him but the officials On August 12, 2019, the six-year-old girl,
said black clothes were not allowed because Munifa Nazir, from Safakadal was hurt in the
of the color’s association with protests. Next right eye after paramilitary forces targeted her
day when they went to see him, they were with a slingshot on Eid day when she was out
told he’d been shifted to Varanasi jail” in with her uncle. Family members attend Munifa
Uttar Pradesh, 1,000 miles south, subject to Nazir at Shri Maharaja Hari Singh hospital in
a PSA detention order. But they filed a habeas Srinagar on August 17. A relative attending her
corpus petition in a Srinagar court, supported said she is unable to see from her right eye.178
by a certificate from Umar’s former school
CASE
bearing his birth date. The district magistrate,
who had signed the PSA order, questioned the In August 2019, Gulshan Mushtaq, a seventh
validity of the certificate, but a court-ordered grade student, resident of Srinagar city, was
inquiry confirmed his age.175 On Oct. 15, the detained by the indian police, while playing
government announced it would drop charges football in the streets of his hometown.
against Umar, and he will be released. But even Mushtaq attempted to run towards his home
after a habeas corpus petition established soon after he heard noises that broke out at
Umar’s age, the court has ordered his release, the other corner of that street. In any case, all
he had not been released by Indian Forces. of a sudden, a police jeep showed up on the
When he came back home after this incident, scene and they shot pellets in his body. He
he narrated that he was slapped inside the collapsed on the ground. He didn’t have any
lockup and felt mentally tortured.”Whenever clue who took him to the emergency clinic.
there is a knock, I get scared, fearing that they After gaining consciousness, he understood
will again take me. This is haunting me,” he that, somewhere; in the range of 100 pellets
said. While recalling all of this, he said that he had hit him. Regardless of whether it was
will never forget his time in custody which has insufficient, he was quickly taken to the police
changed his life forever.176 headquarters where he was inquired by the
175 Kashmir, S. (2020, February 21). A 15-year-old Kashmiri Boy’s
70+ Days in an Indian Jail. Retrieved December 14, 2020, from https:// 177 Zargar, S. (2019, October 06). In Kashmir, boys aged 14 and
media-41618.medium.com/a-15-year-old-kashmiri-boys-70-days-in-an- 16 held under dreaded Public Safety Act and sent to Uttar Pradesh jails.
indian-jail-8b7ffba3c319 Retrieved December 14, 2020, from https://scroll.in/article/939516/
176 Kashmir, S. (2020, February 21). A 15-year-old Kashmiri Boy’s in-kashmir-boys-aged-14-and-16-held-under-dreaded-public-safety-act-
70+ Days in an Indian Jail. Retrieved December 14, 2020, from https:// and-sent-to-uttar-pradesh-jails
media-41618.medium.com/a-15-year-old-kashmiri-boys-70-days-in-an- 178 Ayesha Waheed, (2020). Human Rights Report (2020 ed.,
indian-jail-8b7ffba3c319 Rep.). Islamabad: Kashmir Institute of International Relations.

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


46
police. After his release, the bright student CASE
abandoned his school. “It is a gone chapter
Here is the story of Afaan-14 years old, a
of my life now, there is nothing left for us
10th-grade student, who was detained by
here in Kashmir,” regrets Mushtaq. The wrath
Indian police for fourteen days under Public
and defiance among youngsters, increases
Safety Act, alleged of protesting against Indian
with each capture of their companions
decision of revoking the special status to the
and classmates. At the point when these
region. On August 21, 2019, Afaan Mustafa,
youngsters come back from these detention
a resident of the uptown area of Natipora,
centres, they relate accounts of misuse and
Srinagar, was going to offer Asar prayers
torture, adding more anger to their reistance
and was picked up outside the gate of the
movement. Sitting in a dark room, he reviewed
mosque in Azad-Basti Natipora. He was first
his first response when he was locked inside
taken to the Chanapora police station and
a dull cell. “A beam of light was coming from
later shifted to the Saddar police station in
a little window. There were three more young
Baghat-e-Barzullah, three kilometers away
boys inside the room however I couldn’t see
from his home. After the relentless efforts by
them due to darkness. They later disclosed
his parents for a couple of days, Afaan was
to me that they had been captured the day
released by Indian forces once he got the
before him.” Their families were not allowed to
release order from juvenile court, accepting
send them food from home as these inmates
his school document of being a juvenile. He is
were having unhygienic food inside custody.
one among the hundreds of children who were
The families were asking the police to tell
whisked away by the Occupation forces and
them what their crime was. Police told them
sent to prison. The father of Afaan, Manzoor
that they would show them a video recording
Ahmad Gani says that like many other children,
of the area where young boys were throwing
the detention has affected his son badly. He is
stones at forces. They claimed he “Mushtaq’’
depressed, frightened, and his body is aching
was also among them but they didn’t show
and has visible scars of torture. Afaan while
it to them. Mushtaq, after facing this much
recalling the day when he was picked by the
mental stress, burnt down all of his books, as
Indian forces, said, “They cordoned me and
there remains no will of getting an education
forcefully bundled inside the vehicle. While
at this point.179
resisting, a cop hit me on the back of my neck
and I fell unconscious. They hit me on my legs
CASE
and feet with the sticks repeatedly.” He, along
On August 20, 2019, A 12-year-old boy, with other juveniles, was ordered to wash
Nauman Khan of Natipora, a class VII student the hundreds of dishes and cut the stubble in
at Dawn Public School, was going to buy food courtyards with bare hands, which resulted in
for his pet cat and suddenly CRPF men grabbed severe infection of his eyes. After his release,
him, under the charge of stone pelting. He he went through treatment as he also got
cried and explained to them that he was just some injuries in his skull.181
going to buy cat food. But the Indian forces
treated him like a criminal. 180 CASE
179 ‘Torture, detention of children adds rage in Kashmir’. (n.d.). On August 22, 2019, Aqib, 17 year old, was
Retrieved December 14, 2020, from https://www.aa.com.tr/en/asia-paci-
fic/-torture-detention-of-children-adds-rage-in-kashmir-/1614269 181 ‘Beaten, Heckled, Made Examples of’: Detained Kashmiri
180 Ayesha Waheed, (2020). Human Rights Report (2020 ed., Minors Speak Out. (n.d.). Retrieved December 14, 2020, from https://the-
Rep.). Islamabad: Kashmir Institute of International Relations. wire.in/rights/kashmir-minors-children-police

A REPORT FROM KIIR


47
detained by the Indian police on August 22, was involved in peaceful protests but Indian
2019 when he left home to buy milk. He Police often responded to these protestors
was being held at Srinagar’s central jail. The with firing tear gas and shelling.185
authorities did not give details of any charges
against him. His wife, Nowsheena Sheikh is CASE
scared that they may transfer him out of the Ahmad, a 16 year old boy, was picked up from
state.182 his home by the Indian security forces amidst
night during a cordon and search operation in
CASE Kulgam. He narrated that his phone had gone
Nisar Ahmad Mir explained that Indian missing, and, apparently, some stone-pelter
had used his SIM. He tried to explain the same
policemen detained his 17-year-old son,
to the police, but they didn’t listen. Ahmad got
Danish, on August 24, 2019, in Kashmir.
arrested and shifted from Kulgam to Anantnag
Indian security forces raided the home of
and then to the district jail in Kathua, Jammu.
Nisar Ahmad and arrested Daish under the
He was then booked under Public Safety Act.
charge of stone pelting.183 His father, Mohammad Yusaf, explained that
PSA is not meant for the minors but Indian
CASE security forces deliberately put these minors
In August 2019, Muzamil Feroz Rah, 17, with hard core criminals, so the children could
of Srinagar was arrested by the police in a feel depressed and suppressed. At the time
“midnight raid from his home. He was kicked of his arrest, he was a Class VIII student at
and punched by the Indian cops and when Iqra Public School, Kulgam. He dropped out
of school soon thereafter. When Mohammad
his mother tried to stop the cops from taking
Yousuf was asked whether he had shown his
him away, the cops told her to remain silent
son’s age certificate to the police and protested
or they will kill him. He was kept inside a
their arresting his minor son, he scoffed at
small, dark cell with 15 other minors. He was
the suggestion. “Kashmir hai, chalta hai (It’s
traded like a commodity between different normal in Kashmir),” he said nonchalantly.186
police stations. Even his father was detained
for two days when he went to meet Muzamil CASE
in the police station.” Naik said the courts in
In the dead of a mid-August night, 16-year-
Kashmir were not functional as most lawyers
old Muhammad was woken up by kicks and
were on strike against the incarceration of the
knocks at the doors and windows of his
Bar Association’s president at a jail outside
home in Srinagar, the main city in Indian-
Kashmir.184
administered Kashmir. His home - a single-
CASE storey house in a congested neighbourhood
- was under cordon and as family members
On August 28, 2019, Omair, a 16 year old lifted the curtains, they saw armed policemen
boy, who was detained by Indian forces outside. Officers were beating the grade 10
under the charges of throwing stones during student as they took him away. Muhammad
demonstrations at Danderkha locality. Omair said he was routinely threatened by police
182 Ayesha Waheed, (2020). Human Rights Report (2020 ed., 185 Ayesha Waheed, (2020). Human Rights Report (2020 ed.,
Rep.). Islamabad: Kashmir Institute of International Relations. Rep.). Islamabad: Kashmir Institute of International Relations.
183 Ayesha Waheed, (2020). Human Rights Report (2020 ed., 186 Mehraj, I., Rather, N., Adil, S., & Kazim, S. J. (2017). Impact
Rep.). Islamabad: Kashmir Institute of International Relations. of Violence on the Children of Jammu and Kashmir (Rep.). Jammu
184 Ayesha Waheed, (2020). Human Rights Report (2020 ed., Kashmir Coalition of Civil Society. doi:https://jkccs.net/wp-content/up-
Rep.). Islamabad: Kashmir Institute of International Relations. loads/2018/03/2018-Impact-of-Violence-on-Children-of-JK-JKCCS.pdf

STOLEN CHILDHOOD OF KASHMIRI CHILDREN


48
during his 15-day detention period. “They to know if there is any possible chance that
would abuse us and threaten that they will he could regain his eyesight. As the family
detain us under the Public Safety Act and we is struggling financially during the double
would be shifted outside Kashmir, this would lockdown in Indian occupied Kashmir, it has
make us cry,” he said. His family claims he is become hard to get the surgery done as soon
only 15 years old. Al Jazeera saw the school as possible. “We have already spent over Rs
15,000 on his treatment without having any
certificate of the boy, which shows his date of
surgery yet. I think we might have to spend
birth as December 12, 2004.187
a lot of money,” his father sighed. His father
CASE narrated that this incident had left his child in
severe trauma as whenever there would be
On May 22, 2020, during a cordon and search
a clash, Ahmad would lose his consciousness
operation in Karimabad village in Pulwama,
and ask repeatedly that when will the forces
Owais Ahmad, an 8 year old boy got blinded
leave.188
by the pellet gun shots by the Indian security
forces during a crossfire session between the CASE
youth and Indian forces. He was playing with
some other children, when the clash erupted. Asif Ahmad Sheikh, 10 years old, from
He tried to hide from the forces, as he moved Anantnag. Asif received one pellet in his right
out through the narrow passage, he was shot eye, losing vision entirely on that side. He
down by the pellets. Locals took Ahmad to a told Pasquarelli the injury has caused lots of
house because they couldn’t immediately rush problems at school.189
him to the hospital due to the fear of security
CASE
forces. Ahmad was first taken to the district
hospital in Pulwama, and was then shifted to Aquib Zahoor Pampore, 16 years old, from
Shri Maharaja Hari Singh Hospital. As per the Anantnag. One pellet perforated the retina of
medical reports, Ahmad has a hole in the iris of his left eye; leaving him blind on that side. He
his right eye. When Mir asked them about his told Pasquarelli he was forced to leave school
son’s condition, he said the doctors told him, because of his injuries.190
“We will get that know only after the surgery.”
His father was also taken by Indian forces as CASE
they forced him to come along with them and Shahid Ahmad Wani, 16 years old, from
assist them in door to door search operations.
Achabal. He was forced to end his studies
Now, after a period of six months, Owais is
after being hit by 93 pellets all over his body,
still feeling hopeless as well as helpless, while
with two in the left eye. After three failed
sitting in his one room house in Karimabad.
surgeries he is now able to only see shadows.
His bloodshot right eye is still swollen. His
mother, Ameena Bano, narrated that Owais To the right of his portrait, his medical records
was a child of miracle as he was born to her are pictured.191
after 15 years of trying. She expressed that his
188 In Pulwama, an 8-Year-Old Pellet Victim Awaits Eye Surgery.
eyes were dazzling green in color and admired (n.d.). Retrieved December 14, 2020, from https://thewire.in/rights/in-pul-
wama-an-8-year-old-pellet-victim-awaits-eye-surgery
by every other person in the neighborhood 189 Perrigo, B. (2018, September 06). Pellet Gun Victims in Kash-
but who knew that the shine in his eyes was mir Suffer From Eye Injuries. Retrieved December 14, 2020, from https://
time.com/longform/pellet-gun-victims-kashmir/
meant to be taken by these draconian Indian 190 Perrigo, B. (2018, September 06). Pellet Gun Victims in Kash-
troops. Now, Owais along with his family, is mir Suffer From Eye Injuries. Retrieved December 14, 2020, from https://
time.com/longform/pellet-gun-victims-kashmir/
waiting for his eye surgery so they could get 191 Perrigo, B. (2018, September 06). Pellet Gun Victims in Kash-
187 Ayesha Waheed, (2020). Human Rights Report (2020 ed., mir Suffer From Eye Injuries. Retrieved December 14, 2020, from https://
Rep.). Islamabad: Kashmir Institute of International Relations. time.com/longform/pellet-gun-victims-kashmir/

A REPORT FROM KIIR


49
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Street 33, F-8/1, Islamabad-Pakistan.
Phone:051-831 3723-4
Fax:051-835 6310
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