HUMAN

Vol. 10No. 1

J&K

www.humanrightsjournal.com

RIGHTS
Perspective
Jan-Feb, 2012

Bimonthly Review of Jammu and Kashmir Affairs with Human Rights Perspective

How Indira-Abdullah Accord was signed in 1974?

n 1964, after sudden death of Pandit Nehru, Sheikh Abdullah returned form Pakistan, cutting his journey short; I went to the Delhi airport to receive him. After landing, he told me to take him first to Nehru's Samadhi.He was so stunned by the tragic news that he could hardly utter a brief sentence. He said that had he known that Pandit ji's death was so near he need not have gone to Pakistan, since he had got full agreement here on all points. I just said that "be sure you do not miss the bus again." The bus did come again in the form of revolt in Bangladesh, which India was supporting. I advised Sheikh Sahib to issue a statement offering support to India's Bangladesh policy, supporting the revolt in East Pakistan asking for its independence or autonomy, whatever stance India might take in the context of Kashmir. India was at that time prepared to pay maximum price for support on Bangladesh. Since Sheikh Sahib was the tallest Muslim leader of the sub continent, his support was most valuable. Sheikh Sahib asked me to draft a statement for him, which I did. But the actual statement that appeared in the media was exactly opposite to what we had agreed. Sheikh Sahib told me that his advisor had taken the liberty to change the statement. I told him that he had missed the bus again. He suggested that he should restart the process, and it could take its own time. Meanwhile, Mrs. Indira Gandhi visited Jammu afterthe Bangladesh revolt succeeded. In celebration of the victory, she addressed series ofpublic meetings. She was hailed as Goddess Durga. At a pubic meeting she was addressing in

Jammu, I requested her secretary for an appointment with her. He told me "absolutely no appointments in Jammu. She is too tired. This is her last activity. She would have a quiet dinner and retire. Even the Governor and Chief Minister are just coming to see her off. But no appointment with her." I had a letter addressed to her in my pocket. I requested the secretary to deliver that letter to her, which I promised would not tire her. The brief letter requesting for an appointment stated "An agreement with Sheikh Abdullah is possible in which, if you like, I can help." The secretary agreed to deliver the letter.When I reached my house, I was told that there were continuous calls from Mrs. Gandhi asking me to come see her immediately. I rushed to the Raj Bhavan, where she was staying. She asked, "What are Sheikh Abdullah's terms?" I replied that it was not possible to accept all his terms. His right to demand autonomy should be conceded, without conceding it. She was interested and said, "Let us sit and you explain this point." I explained, "A number of regional leaders and chief ministers are demanding autonomy for their regions which has not been conceded to. Same can be applied to Kashmir." She asked,"Will it work." I said, "Let us try." Eventually, GP Parthasarthy and Mirza Afzal Baig started series of talks on behalf of Mrs. Gandhi and Sheikh Abdullah, respectively. The talks proceeded smoothly till the negotiations got struck on the nomenclature of the Governor and the Chief Minister. Both Mrs. Indira Gandhi and Sheikh Abdullah complained to me about the deadlock in the talks. I did not

betray any disappointment and suggested that let them agree to disagree on this one point. Agreement to disagree was also a form of agreement, after all. The agreement, as suggested by me and signed by the negotiators on November 13, 1974 at New Delhi, was as follows. The following is the text of the Accord, signed by G. Parthasarthy and Mirza Mohammad Afzal Beg, as representatives of the then Prime Minister,Mrs. Indira Gandhi and Sheikh Mohammad Abdullah, at New Delhi on November 13, 1974, which paved the way for resumption of power by the latter on February 25, 1975: 1. The State of Jammu and Kashmir, which is a constituent unit of the Union of India, shall in its relations with the Union, continue to be governed by Article 370 of the Constitution of India. 2. The residuary powers of legislation, shall remain with the State, however, Parliament will continue to have power to make laws relating to the prevention of activities directed towards disclaiming, questioning or disrupting the sovereignty and territorial integrity of India or bringing about secession of a part of the territory of India from the Union or causing insult to the Indian National Flag, the Indian National Anthem and the Constitution. 3. Where any provision of the Constitution of India had been applied to the State of Jammu and Kashmir with adaptations and modifications, such adaptations and modifications can be altered or repealed by the an Order of the President under Article 370, each individual proposal in the behalf being considered on its merits, but provisions
(Contd. on page 6)

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January-February, 2012

Swaraj Peeth Statement on Gandhian Initiative in J&K

eading practitioners of Gandhi's vision of Swaraj and methods of nonviolenceinvited by Swaraj Peeth in November 2009 to Hind Swaraj Centenary InternationalConference deliberated on past fifty years of nonviolent encounters to violence.Kashmir was also discussed. This august non-partisan gathering provided rightmandate for Swaraj Peeth to move into this direction for a long-term nonviolentengagement. Swaraj Peeth sent three senior people to Jammu and Kashmir for abetter view on the issue, to build right contacts and to explore the space for dialogueon nonviolence. We are concerned about the high level of violence and fear; we wishto stand by the sufferer and build trust and confidence; and, do our best to providenonviolent and constructive assistance for human security and mitigating fear. To usthe people of Jammu and Kashmir matter, not just the landmass. On visiting J&K one realizes that the ideas one had about the situation in J&K prior to the visits are too inadequate for holding any reasonable or responsible view, much less for any judgment. The level of terror, perpetual state of fear and insecurity, and suffering the people have undergone is enough to stir human conscience. We came devastated by what we heard from mothers and families, social, intellectual and political leaders; saddened by the level of mistrust and alienation from India in spite of once reasoned preference for accession; and, humbled by expectations and trust in Gandhians; and amazed by the high degree of respect for Mahatma Gandhi across almost all lines. At the root J&K is a problem of reconciling cultural, social, economic and religious diversities or self-image of several of its ethnic communities within a largeridentity; and, protection and nurturing of that identity into an extendednational identity. The fundamental law of Swaraj or what the Mahatma alternatively called "cultural democracy" is that the larger, the outer circle must protect and nourish the inner circle, and the inner must widen itself towards the outer without loosing theSelf. Mitigation of violence and fear on the one hand and, on the other, improvementof relations between Jammu, Kashmir and

Ladakh and among ethnic identities byreconciling their aspirations are thus related factors. Sense of loss of Swaraj articulatesitself in a "modernizing" nation in different places in different ways. Kashmiris inKashmir; Adivasis in Dantewada and elsewhere; periodically agitating farmers allover the country, or debt-ridden farmers on the course of suicides in Vidarbha are allviolent symptoms of loss of Swaraj, what they aspire for but have lost the language ofits expression. Gandhi so precisely put down the meaning of independence in 1946: "Independence must begin at the bottom. A society must be builtin which every village has to be self sustained and capable of managing its own affairs...In this structure composed ofinnumerable villages, there will be ever-widening, never-ascendingcircles. Life will not be a pyramid with the apex sustained by thebottom. But it will be an oceanic circle whose centre will be theindividual always ready to perish for the village, the latter ready toperish for the circle of villages, till at last the whole becomes onelife composed of individuals, never aggressive in their arrogancebut ever humble, sharing the majesty of the oceanic circle of whichthey are integral units. Therefore the outermost circumference willnot wield power to crush the inner circle but will give strength toall within and derive its own strength from it...Such asociety is necessarily highly cultured in which every man andwoman knows what he or she wants and, what is more, knows thatno one should want anything that others cannot have with equallabour." Relevance of Gandhian Philosophy "Only Gandhian philosophy and methods are therefore relevant here." said acommunity leader in Jammu echoing what two most respected nonpartisan doyens ofJ&K intellectual and social scene, Janab Aga Ashraf Ali in Srinagar and Shri BalrajPuri in Jammu said. Even at the height of militancy, we were told, Gandhians werewelcome. Chairman of JKLF, Shri Yasin Malik told us "Gandhians are the only moral force. We abandoned the gun because of Gandhians' counsel." The Mirwaiz Dr Umar Farooq, Chairman of All PartyHurriyat Committee (M) said, "You

will find great respect for Mahatma Gandhi in Kashmir." Prevailing environment of fear, insecurity, continuing arrests and detentions of youth;Human Rights violations; turning non-communal issues into communal divide and periodic whipping up ethnic, religious, communal and nationalistic passions by vested politicalinterests, denial of day-to-day normal democratic civilian life to Kashmiris;breakdown of trust in governance and resultant growing disaffection among youth andan urgent need to recognize, support and facilitate nonviolent transformation ofviolence are some of the factors that underline the need for a non-partisan nonviolentintervention to create an environment of trust, confidence, mutuality and, aboveeverything else, fearlessness, security and democratic space for the masses. Kashmir has undergone several phases of transitions in past eight decades. At everyjuncture of action and reaction it stands on the threshold of unexpected transition.It suffers at least from five-fold identifiable pains compounded by sixty years ofcycles of political short circuits and betrayals; trust, mistrust and total breakdown oftrust among the Kashmiris themselves and between Kashmiris and the Indian State;and, more than a decade of militancy, terror, repression, violence, torture and death. The pain of the thousands of widows, half-widows (wives of "disappeared" persons)and mothers, and the recent killing of 112 children and youth by the security forcesduring 2010 summer protests has, in the words of a Professor in Kashmir University "spread across the entire society and settled in the collective consciousness." They areasking for answers. They have instead got denial, followed by continuous arrests ofinnocent youth and children and their detention under Public Safety Act. Second, the mind-set of the youth in their teens and twenties, who have no othermemory and experience than that of brutalization, torture, disappearance, killing,indignity, and dishonour of their own or their neighbour's kin by militants,
(Contd. on page 3)
J&K HUMAN RIGHTS Perspective

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January-February, 2012

Swaraj Peeth Statement...

(Contd. from page 2)

foreign terrorists or by the security forces, and who have seen their own family members or a neighbours having no choice but to take to gun or become victims or suffer dishonour like a coward. A whole generation whose experience is onlythat of brutalization and dehumanization poses a grave challenge to the culture of thesociety. This is the worst that can happen to any generation and to a society's self-awareness,selfimage and self-identity. And yet Kashmiris do not betray in their normal day-to-day behaviour this burning heat of the inferno of terror, dishonour,blood and death they have been through. Kashmir's age old spiritual culture has not allowedthis fire to burn everything and every one that come on its way. Third, fear and insecurity from one or the other source and repression of peoples' voice and conscience dominates the civic life of all equally. Democratic life availableto other Indians is not available to Kashmiris. Militarization is a major source of fear and, actual or felt, sense of repression. However, Kashmir's own non-state political forcesare worst when it comes to free expression of views and opinion, besides beingunanswerable unlike the State forces. It is difficult to decide who trusts whom. Unlessthere is freedom within, what sort of freedom from without any people can everachieve Fourth, Jammu and Kashmir has multiple ethnic identities. Though in manycases ethnic identity dominates the religious; there is an implicit conflict of politicalassertion between the ethnic and the religious identities. The overarching Kashmiriidentity, about which Mahatma Gandhi said "I can not differentiate among Kashmiriwho is Muslim and who is Hindu," and which they uphold as a raison d'etrefor azadi,is severely wounded, less by outsiders, more by insiders. It is a selfinflicted pain. Potentialities of Recall of Kashmiri Pandits Last, but not the least, the exodus of Pandits from the Valley has caused destruction ofits secular, plural character and tended to transform Kashmir into a monolithic Islamicsociety. Kashmir's unique spiritual journey is finding its path blocked. However, itmust also be noted that though badly wounded, Kashmiriyat speaks up for its healingand revival. There is a ray of hope for the revival of that communally harmoniousculture, which made Gandhi to say, when he visited Kashmir in 1947, " I see a ray of hope in Kashmir" in the midst of communal divide

in India. This one sentenceseems to have etched in every thinking Kashmiri's heart. We heard it from almost every one! A leading Pandit intellectual and activist, who migrated with heavy heartto Jammu in 1990, considers return of Pandits to the Valley still possible. Its largerimplications are crucially linked with South Asian peace and stability. Itscommunalization, therefore, is a severe setback. There are reasonable Pandits who hold that "It is violent Militancy which threw us out, not Muslims of the Valley." This corroborates what a larger section of Muslims and leaders of the movement hold. Sofar this view is held, there will a possibility, hope, for recall of Pandits by theirMuslim brethren in the Valley. Their homecoming has immense potentiality,unimaginable dividends for harmonious peace in J&K. Amity between Pandits andKashmiri Muslim is the foundation of democratic and plural Kashmiri secularism. Itwill be a model not only for India, but also for South Asia; a "ray of hope" thatMahatma Gandhi saw, and radically change the social and political environment. It is a sad commentary on handling of Jammu &Kashmir situation that though themilitancy has reduced drastically, it has not reflected in the reduction in the presenceof the security forces and their special powers. Denial by security forces of cases ofhigh handedness and crimes has caused serious erosion in the reputation of Indiansecurity forces and people's trust in them as protectors. In Kashmir the Indian securityforces are the face of Indian State. A leading academician said, "Kashmir has seenonly the brutal face of Indian State not the soft one." This damning image of Indiamust change. It can, if there is reasonable reduction in the presence of security forcesand their special powers; speedy settling of outstanding cases of rapes, killings andother atrocities by security forces; restoration of the supremacy of the civilianauthority; reform and restoration of institutions that protect Human Rights, such asState Human RightsCommission, and State Accountability Commission and maintaining their non-partisancharacter; stopping of public statements by Army officials, who often contradict civil authority and are seen as overruling it. First and foremost, everyday "azadi,"freedom that common Indians enjoy should be available to Kashmiris at any cost.Those who, right from the earlier years saw growth of democracy in Kashmir asantithetical to "national interest", measured the cost against 'national' interest, haveneither served Kashmir, nor the so called national interest. History stands testimony toit.

While India has definite responsibility to normal freedom in Kashmir, it hardlymeans that Kashmiris have none. Growth of freedom and democracy will beproportionate to the growth of nonviolence, for it is violence of high order thatinhibited freedom and democracy. It is primary for the Kashmiris to achieve everyday freedom and democracy, whatever meaning they may otherwise give to "azadi." As Gandhi said,"Your Swaraj is in you handsthe day you stand on nonviolence, liberate yourself and your adversary from fear; you are on the path of Swaraj, true freedom." Use of Non-Lethal Methods by Security forces Without exception people in Jammu and Kashmir are seriously concerned andagitated about the use of lethal methods by the security forces, as evident in the response to the Summer, 2010, protests in the Valley, which only proved that there isno recognition, much less an appreciation of the fact that there is remarkable turn away from terror and gun to peaceful and nonviolent methods of protests in the Valley. People in J&Ksee this as incitement to the youth to take again to militancy. People question theircitizenship within the nation when peaceful and democratic ways of expression arenot available to them. People also recognize that in a conflict area with cross-border terrorism and international factors are at play, security forces have a challenging task. Nevertheless, test of their performance is in what the people think of them. It was for the protection of Kashmiri peoples' "life, property, dignity and honour" that the security forces went to Kashmir sixtyyears back, which is not seen to be the case now. For any assessment of positive developments in J&K one must appreciate thevoluntary abandonment of gun and taking up of peaceful andnonviolent means by former militants and youth. It is a major factor that can influencethe course and nature of future transition, if it is appreciated and supported. It can turninto constructive nonviolent energy. Dialogue on violence and nonviolence is, therefore, thought necessary byleading intellectuals, activist and leaders. There are active people in Jammu andKashmir who are doing wonderful work in the area of community and culturalawareness, communal, social and regional harmony; monitoring of Human Rights violations andfighting the cases of illegally detained innocents; working for the cases of disappearedpersons; and, build dialogue on relevant issues. Good work in Kashmir
(Contd. on page 6)
J&K HUMAN RIGHTS Perspective

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January-February, 2012

HUMAN RIGHTS UPDATE

Incidents of human rights violations given below are such specimen in which victims are innocent civilians, whosoever be responsible for the violations.

NC Sarpanch gunned down

SRINAGAR, Feb 9:Militants tonight gunned down a National Conference worker and Sarpanch of a village in South Kashmir district of Kulgam. Eyewitnesses told Police that two militants barged into the house of Ghulam Mohammad Dar son of Ali Mohammad Dar of village Hawoora, Mishipora in Damhal Hanjipora area of district Kulgam at around 7 pm and fired at him indiscriminately. Dar was removed to the hospital where he was declared brought dead. He had received several bullets and died on the spot. Another person Abdul Qayoom was critically injured in the firing. He has been shifted to Srinagar for treatment. Police, Army and Central Reserve Police Force (CRPF) immediately cordoned off the village. They suspect that the militants are still inside the village. They are questioning the eyewitnesses and have launched a manhunt to trace the militants responsible for the killing. (Daily Excelsior, Feb 10, 2012)

Youth killed by Army

SRINAGAR, Feb 10:A youth was killed tonight allegedly by Army in Rafiabad area of North Kashmir's Baramulla district. Residents of the village Lisser in Rafiabad area in Sopore said that one youth identified as Ashiq Ahmad Rather was allegedly killed when he and his sister came out of their house to go to washroom. The incident took place at 8.30 pm. Ashiq died on spot. The inmates of the house raised hue and cry and villagers came out to protest against the killing. The Sopore police after hearing about the incident rushed to the spot. A case has been rushed and investigations have been started. Police sources said that Army had laid ambush in the area when the incident took place. The protest was going till late night and senior police officers were on the spot. (Daily Excelsior, Feb 11, 2012)

here, at around 8.45 pm, they said. Lone was shifted to a hospital where doctors said his condition was stable and out of danger. This is second shooting incident in as many days in the Valley. Militants last night shot dead a 20-year-old youth in Sopore town of North Kashmir's Baramulla district. Meanwhile, Police today arrested a Lashkar-e-Toiba militant from South Kashmir district of Anantnag. A police spokesman said here that acting on specific information about the presence of militants in a village, Anantnag Police along with 40 battalion of the para-military CRPF and 3 RR of Army cordoned off village Gund-iNowrooz, Anantnag, today. One militant, identified as- Aijaz Ahmad Sheikh son of Ali Mohammad resident of Tral Payeen of LeT was arrested during the searches, police said. Police recovered one pistol, one pistol magazine and seven pistol rounds from the militant. Police have registered a case and are investigating the case. Meanwhile, militants lobbed a grenade towards main gate of Police Station Zadibal, Srinagar today. It exploded outside the police station and no one was hurt, police said. Senior police officers rushed to the spot to assess the situation. Police have registered a case. It may be mentioned here that this is the second grenade attack on any police station in old city during past three days. A grenade was hurled on Thursday evening on Police Station Khanyar without causing any casualty.

him and he remained unattended for some time," they alleged. Meanwhile, people of the area have came down roads and were staging anti army demonstrations till late in the evening. Chanting anti army slogans they were demanding action against the army men allegedly involved in killing of civilian. (Rising Kashmir, Feb 11, 2012)

22 year old mechanic shot dead in Sopore

Sopore, Feb 19: Unidentified gunmen Sunday shot dead a 22 year old mechanic at Aramora, Sopore in north Kashmir's Baramulla district. The incident took place at 7.45 pm. Police sources said the gunmen knocked at the door of the house of Umar Rasool Kaboo, son of Ghulam Rasool and asked him to come out. "He was shot dead outside from point blank range in his head," police sources said. The locals said they removed Umar to the nearby hospital where he was declared brought dead. "He was a mechanic. We don't know why he was killed," locals said. SP Sopore, Imtiyaz Hussain said the killing was unexpected. "We have registered a case and investigations have been started to know why and who killed Umar," he said. The SP said militants seem to be involved in Umar's killing. "Umar's shop was closed for the day, as it was Sunday. He received three phone calls on his mobile. In the evening, he was called out of his house and fired at his head," the officer said. He said police has seized the mobile of the deceased and calls that he received were being traced. "We are hopeful to reach out to the people who are behind Umar's killing," the SP said. Meanwhile, police has launched a massive manhunt in the area to nab the killers. The incident created panic in the area with hundreds of people rushing to Umar's residence. This is the second attack of its kind on civilians in Sopore in last four days. Earlier, unidentified gunmen had fired at a shopkeeper at Warpora. He escaped unhurt. Police sources said preliminary investigations reveal that the boy has been killed by militants as some militants were active in the area. "Police has mobilized all resources to the reason. But any other reason can't be ruled out," they said.
(Contd. on page 5)
J&K HUMAN RIGHTS Perspective

Civilian killed in Sopore

Srinagar, Feb 10: A civilian was killed in Sopore town of North Kashmir's Baramulla district on Friday evening. Police sources said gunshots were fired towards Ashiq Hussain Rather son of Mohammad Akbar at Lisar Dangiwacha, Sopore at around 9 pm. "He sustained multiple bullet injuries and died on spot," they said. They said army had laid siege around the area. "Army men were manning the area, where the incident took place," they said. They said police has launched investigations to ascertain whether the civilian was killed in army firing. "Further investigations are going on." The locals alleged that Ashiq was killed by army men near his house. "After firing bullets at him, they did not allow any body to go near

Panch shot at by militants

SRINAGAR, Feb 20:Militants tonight shot at and injured a Panch in Tral area of South Kashmir's Pulwama district, police said. Nazir Ahmad Lone (35) was shot by militants in the leg outside his house in Tral town, 35 kms from

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January-February, 2012

Human Rights Update...

(Contd. from page 4)

(Rising Kashmir, Feb 20, 2012)

Unmarked graves: J&K govt denies information, cites security issues

Srinagar: The J&K government has denied information about the unmarked and mass graves in the state, arguing that disclosure of information would be "prejudicial to the maintenance of public peace and tranquillity" and to the "sovereignty, integrity and security" of the state. "I am satisfied that disclosure of information sought would be prejudicial to the maintenance of public peace and tranquillity as anti-national elements may use the same," Ali Mohammad, SSP (CID) has said. (Indian Express, Jan 26, 2012)

graves in the state. (Indian Express, Jan 30, 2012)

Banihal custodial death case

Govt providing help to five lakh militancy Victims

Jammu, Feb 14: The Jammu and Kashmir government was extending every help to the victims through various welfare agencies, Social Welfare Minister Sakina Itoo said. The state has a Rehabilitation Council, which looks after the victims of militancy, education of their wards and other needs, she said. The state government, besides providing financial help for education, marriage and health, also gives monthly relief of Rs. 750 to each family, the minister said. (Kashmir Times, Feb 15, 2012)

Murder charge framed against DySP

Jammu, Feb 18 (JNF): A Ramban court today framed murder charges against Deputy Superintendent of Police (DySP) in the custodial killing case and rejected his bail application with the observation that he was absconding after the incident. Principal Sessions Judge Ramban Mohammad Akram Choudhary framed charges against DySP Sonaullah Naik under section 302,342,201 and 120-B RPC for the killing of Ayaz Ahmad Wani son of Abdul Rahaid Wani in custody, in 1995. As per Crime Branch charge sheet, FIR number 65 of 1998 was registered at Police Station Ramban under sections 302 and 34 RPC in the custodial killing case of Ayaz Ahmad Wani in 1995. However, charge sheet was produced against accused for commission of offence punishable under sections 304,342,202, 120-B and 109 RPC. Ayaz Ahmad Wani was arrested by the cops of Police Station Banihal in a case FIR number 98 of 1995 under sections 302,307, 121-A and 124 RPC and 4/5 Explosive Substances Act as a suspect between November 3 and November 8, 1995. As a result of third degree torture by the cops at the helm of affairs, he was alleged to have died on November 10, 1995 at Government Medical College hospital Jammu. Then SHO Police Station Banihal now DySP Sonaullah Naik among others was accused of torturing the victim and he surrendered in the court on December 15, 2011. Court observed that DySP Sonaullah Naik has arrested the deceased as suspect in a case and was also alleged to have sought his remand from the magistrate. The arresting official is custodian of the arrestee and he cannot wash away his hands with a simple plea that he had merely arrested the accused and handed him over to some superior officer for being shifted to another Police Station. Sonaullah Naik being in charge of Police Station was under duty to ensure safety and security of the deceased arrested by him. It appears from the material on record that the accused not only got the entries tampered in the Daily Diary Register of his Police Station but also a concocted story was circulated that the deceased while being taken to some hideout by CRPF had fell down and was injured. The court observed that he did not take any action to enquire into the death and did not depose during enquiry or investigation into death of the deceased. The accused Sonaullah Naik though a serving Deputy Superintendent
(Contd. on page 7)
J&K HUMAN RIGHTS Perspective

India's Human Rights record disappointing in 2011, say HRW

Jan 29: Human Rights record of India in 2011 got a thumbs down from a leading global rights group for its " failure" to protect vulnerable communities and rapped the government for custodial killings, police abuses, including torture. Human Rights Watch (HRW) also criticised the Indian government for its inaction in repealing the controversial armed forces Act and for remaining silent on the "gravest abuses" in countries like Syria. In its World Report 2012, Human Rights Watch assessed progress on Human Rights during the past year in more than 90 countries. In India's case, HRW said it has been a "disappointing year for Human Rights." "Custodial killings, police abuses including torture, and failure to protect vulnerable communities marred India's record in 2011 as in the post," HRW said in its report. Asia director at the city based organisation Brad Adams said the Indian government took few steps to "prosecute abusive soldiers, undertake needed police reforms, or bring an end to torture. Internationally, India missed opportunities to be a leader at the United Nations Security Council in protecting the rights of vulnerable people abroad." HRW said the Indian government took no action to repeal the "widely discredited Armed Forces Special Powers Act (AFSPA), disregarding the recommendations of political leaders and advisers. "Prime Minister Manmohan Singh's call for 'zero tolerance' of abuses by the armed forces has been undercut by the near zero progress in holding the abuses responsible," Adams said. HRW however said violence in the northern state of Jammu and Kashmir dropped significantly during 2011. While the government has promised a thorough inquiry into the discovery of over 2000 unmarked

19 die as Matador falls in gorge in Doda

Udhampur, Feb 10: As many as 19 passengers including three minors and a couple, were killed and one seriously injured when the Matador in which they were travelling skidded off the road and fell into a deep gorge in Gandoh tehsil of Doda district today. The mishap took place around 9.30 am when the Matador (JK06-2169), on way to Thathri from Changa, fell into a 250-foot-deep gorge near Bhatyas village as the driver lost control due to slippery road conditions. The negligence of the driver in the snowhit area is alleged to be the cause of the accident. The mishap site, about 190 km from here, is still under about one and a half feet of frozen snow. All occupants of the ill-fated vehicle were killed on the spot, whereas its conductor Raiz Ahmad (20) sustained head and abdomen injuries. The deceased belonged to villages of Changa, Gandoh and Thathri in the district. The injured conductor was brought to the Community Health Centre at Thathri and later airlifted to Government Medical College, Jammu, for specialised treatment. Deputy Commissioner, Doda, Farooq Ahmad Khan told the Tribune over the phone that ex gratia aid of Rs. I lakh would be given to the next of kin of each deceased and Rs. 25,000 to the injured. Cabinet ministers Taj Mohiuddin and SS Slathia rushed to the spot by helicopter. Legislators Inderwal G M Saroori and Bhadarwah Mohammad Sharief Niaz and Divisional Commissioner, Pawan Kotwal were also present. (Tribune, Feb 11, 2012)

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January-February, 2012

Swaraj Peeth Statement...

(Contd. from page 3)

How Indira-Abdullah...
(Contd. from page 1)

is hardlyreported to the nation. "We are all individuals doing peace and communal harmonywork, There is no back up, no support and no common larger platform to support us"was a sentiment expressed by many serious activists, intellectuals and journalists inJammu. Legitimate Grievances of J&K Jammu and Kashmir need their legitimate grievances to be heard and attendedseriously by Delhi and by larger Indian society. The level of ignorance andindifference in India about happenings in J&K has serious implications. Kashmiris arealso indifferent and fairly ignorant even about such issues in larger Indian societyfrom which they can learn a lot, and with whom they can share a lot. Kashmir issue isa political one, but when a society is engulfed in terror, fear and loss of trust and basicfreedom, it can only be resolved by humane vision and methods. It is essentially ahuman problem; only then political; in the least, it is economic or constitutional.If not attended with care and concern, with empathy and understanding, the combined power of all its pain can cause irreversible breakages on several plains of J&K society, its culture, and prospects of peace in the region. Before being able to enjoy any path that is destined for Jammu, Kashmir and Ladakh, they must regain a level of mental, emotional and social-political normalcy and, above all, humansecurity as a state of fearlessness. Fearlessness is the foundation for true humanfreedom. Suggestions and action points In the light of this, some contours of Gandhian nonviolent engagement have emergedin the course of dialogue with people in J&K. - Introspect as Gandhians and take up the issue of Kashmir; - Change the discourse on violence; - Build dialogue with intellectuals, youth and concerned parties on nonviolenceand Gandhian perspective on J&K; - Create space for open debate through legitimate, credible means, platform, sothat all views are expressed fearlessly; - Provide protection to the innocent through nonviolent nonpartisan Gandhianpresence; by monitoring violence; reporting it to the right agency andproviding nonviolent protection. Such a group should have directcommunication with all the parties and with the government and the separatists. Ifsuch a message goes out to people that there is a consensus on mitigatingviolence and providing protection to the innocent, it will have direct bearingon containing the growth of violent militancy; - Create conditions/ facilitate home-coming of Pandits to the Valley; their recall by the Muslims of the Valley; - Consolidate the minds that are ready. If people are ready to give up andeven condemn gun and violence, they would certainly listen; - Create a coalition of J& K and Indian civil society. Such a dialogue and aplatform will create conducive environment for dialogue on nonviolence; - Visit the families of 112 killed and sufferers of violence and indignity; - Create appreciation in India about transition from violence to nonviolence, sothat it is respected; provide support to those who left he gun; - Provide support to peace and nonviolent initiatives. Rajiv Vora Swaraj Peeth Trust, G-92 SF, South City II, Sohna Road, Gurgaon 122 018, India. www.swarajpeeth.org/www.hindswaraj.co.cc

of the Constitution of India already applied to the State of Jammu and Kashmir without adaptation or modification are unalterable. 4. With a view to assuring freedom to the State of Jammu and Kashmir to have its own legislation on maters like welfare measures, cultural, matters, social security, personal law, and procedural laws, in a manner suited to the special conditions in the State, it is agreed that the State government can review the laws made by Parliament or extended to the state after 1953 on any matter relatable to the Concurrent List and may decide which of them, in its opinion, needs amendment or repeal. Thereafter, appropriate steps may be taken under Article 254 of the Constitution of India. The grant of President's assent to such legislation would be sympathetically considered. The same approach would be adopted in regard to the laws to the made by Parliament in future under the Proviso to Clause 2 of that Article; the State government shall be consulted regarding the application of any such law to the State and the views of the State government shall receive the fullest consideration. 5. As an arrangement reciprocal to what has been provided under Article 368, a suitable modifications of that Article as applied to the State should be made by Presidential Order to the effect that no law made by the Legislature of the State of Jammu and Kashmir, seeking to make any change in or in the effect of any provision of the Constitution of the State of Jammu and Kashmir relating to any of the undermentioned matters shall take effect unless the Bill, having been reserved for the consideration of the President, receives his assent; the matters are: (a) The appointment, powers, functions, duties, privileges and immunities of the Governor; and (b) The following matters relating to Elections, namely, the superintendence, direction and control of Elections by the Election Commission of India, eligibility for inclusion in the electoral rolls without discrimination, adult suffrage, and composition of the Legislative Council, being matters specified in Sections 138,139, 140 and 50 of the Constitution of the State of Jammu and Kashmir. 6. No agreement was possible on the question of nomenclature of the Governor and the Chief Minister and the matter is therefore remitted to the principles. The next step was automatic. Sheikh Abdullah assumed power as Chief Minister of the State on 26 February 1975. He received a tumultuous reception everywhere. The people in the Valley were particularly hysterical in welcoming their hero back to power. In case of Jammu, the response to the Kashmir Accord was far less sharp. The reason was apparent-the people and political elite of the region were not directly involved in Abdullah's relations with the centre. The new cabinet the Sheikh announced for the state, included his second in command Mirza Afzal Beg from Kashmir, and DD Thakur, a retired judge of High Court from Jammu. Mrs. Gandhi offered to include me in her cabinet to compensate for my non-inclusion in Abdullah's cabinet. She advised me to tell Abdullah that he had done enough public work and he shouldconsider retiring.When the Sheikh came to Jammu to assume power, I invited him to dinner. He cameand said that I could not leave him in the lurch. He needed my support to workon the Accord, for he argued that his following in Jammu was zero. I agreed to organise the National Conference, from the scratch, as its provincial president. The arrangement did not work. But that is a different story. BALRAJ PURI

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January-February, 2012

Human Rights Update...

(Contd. from page 5)

of Police even avoided his arrest and also absconded since 2007 for period of more than four years during the trial of the case. After considering the material on record for limited purpose of consideration of charge, it was found that there is sufficient, material on record to proceed against Sonaullah Naik for commission of offense punishable under sections 302,342, 201, 120-B and 109 RPC and charge sheeted him. Meanwhile, court also rejected bail application of Sonaullah Naik revealing that there is reasonable ground to believe that the accused is alleged to have committed the crime. The accused being then Office In charge of Police Station had arrested the deceased and entrusted with job of investigation. The deceased till his death was in the official custody of the accused. To say that he merely arrested the deceased and he had no further role in ensuring the safety of the deceased is not his justifiable claim, legally. The accused application neither associated himself with the investigation and finally the prosecution got him declared as absconder by Magistrate. Despite a warrant for his arrest though being on the roll of Police Organisation as DySP, he did not join the trial. It was only when his property was attached and the SSP Crime Branch Jammu was put on notice by this court to explain as to why warrant has not been executed for last more than 5 years, that he was compelled to surrender before the court. The court observed that the ailment projected by counsel for the accused regarding psychiatric trauma is not such that the applicant may not have any information about pendency of the case and he being declared absconder. The plea for grant of bail when co-accused have been granted bail, in the considered opinion of the court, is also net available to the accused as the other accused had been admitted to interim bail by the High Court of J&K after bulk of evidence had been recorded during trial against them. The court opined that also other accused are on separate page than applicant who was a police officer in whose custody, deceased was alleged to have died as result of torture inflicted on him during interrogation. The accused applicant has been charge-sheeted for the commission of offence punishable under section 302,342,201, 120-B and 109 RPC. Offence under section 302 RPC is punishable with death or in the alternative life imprisonment and fine. The court said that in such offences, jail is

the rule and bail is exception as the accused may tamper with the prosecution evidence. Role and conduct of applicant throughout the investigation and trial, so far, has been very stranger. The accused being a Gazetted Officer in the Police Organisation and tried to keep himself away form reach of law. With these observations, court rejected his bail at this stage. (Kashmir Times, Feb 19, 2012)

incidents". Hurriyat (M) spokesman quoted Mirwaiz as saying in a statement. He said the party has always condemned and rejected such incident. Mirwaiz has expressed sorrow and condolences with the bereaved family. (Rising Kashmir, Dec 26, 2011)

Businessman shot dead by militant

Srinagar, Jan 24: A 40 year old businessman was today shot dead by suspected militants in Pulwama district in south of Kashmir Valley, officials said identified as Aijaz Ahmad Shah shot by unidentified pistol borne militants inside his house at village Shubdani Newa, at 11.30 am, adding the trader was rushed to a hospital where he was declared brought dead. The motive behind Shah's killing was not known immediately, however, sources said that investigations have revealed that a top Lashkar-e-Toiba (LeT) commander Rehman Bhai was killed in an encounter with security forces near Shah's house in October last year. (Northlines, Jan 25, 2012)

2011 saw lowest violence in 22 years of militancy in J&K

Jammu in a significant decline in terrorist violence in Jammu and Kashmir, around 190 incidents in last 22 years of militancy in the state. "As a result of our combined efforts, there has been discernible improvement in the situation. The militancy related incidents continue to show a dwindling graph and were lowest ever during last 22 years of militancy." Director general of police Kuldeep Khuda said. Terrorist all time low of around 190 incidents as compared to 368 cases last year, the DGP said. The year 2011 witnessed a sharp drop of 47% in terrorist violence cases as compared to last year. Jammu witnessed 74% drop whereas Kashmir witnessed 33% drop in terrorist violence as compared to last year 37 militancy incidents were reported in Jammu this year, while Kashmir witnessed 152, he said. "The overall situation has improved drastically during the past few years" he said. As many as 159 people, including 99 terrorists, were killing this year as compared to 323 last year in the state during the same period showing a dip in killings by over 55% as per the statistics compiled by the State Home Ministry. Against 41 civilians killed last year, as many as 28 died this year during the same period. Similarly against 66 security forces personnel killed in 2010, only 31 died this year. This year 99 militants were killed, while 217 were killed last year, the DGP said. As per the statistics, 13 districts of Jammu and Kashmir have reported militancy incidents in a single digit, while three districts have recorded no militancy cases. Budgam witnessed only 3 militancy incidents followed by 4 in Kulgam, 5 in Anantnag, 8 in Bandipura this a total of 36 incidents were reported in six districts in Kashmir. While in Jammu, eight militancy cases were reported in Kishtwar, 5 in Ramban, 6 in Doda, in Poonch, 2 in Rajouri and one each in Jammu and Udhampur districts. No militancy incidents were witnessed in Reasi, border districts of Samba and Kathua in Jammu region, he said. (Times of India, Jan 1, 2012)

NC Worker's house set ablaze

Srinagar, Dec 28: Unidentified persons set ablaze a house of National Conference activist at Tangehater village of Central district of Ganderbal last night. Reports said that gunshots were heard from the house owned by Habibullah Shah after which it caught fire. His sons Shamim Ahmad said that they had vacated their house two years ago after receiving threats from unknown gunmen. He said that his father is a senior NC worker and has always remained on forefront to develop the area and it seems the house was set on fire to terrify the family. (Kashmir Times, Dec 29, 2011)

Mirwaiz condemns NC worker's killing

Srinagar: Hurriyat Conference (M) Chairman Mirwaiz Umar Farooq Sudnay condemned then killing of National Conference worker Bashir Ahmad Dar by unidentified gunmen and termed it as unfortunate incident. "Murder is a murder, whether on political or personal grounds and we condemn such

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J&K HUMAN RIGHTS Perspective

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January-February, 2012

Communication
The Chairperson Department Related Parliamentary Standing Committee on Science, Technology, Environment and Forests Rajya Sabha Secretariat. Sub: Regarding Amendment to the RTI Act through the Nuclear Safety Regulatory Authority Bill Sir, PUCL is seriously concerned with the proposed amendment to the Right to Information Act, 2005 through The Nuclear Safety Regulatory Authority Bill, 2011. We understand that there are adequate protections available under Section 8(1) of the RTI Act and no more exceptions are required as is being proposed through the Nuclear Safety Regulatory Authority Bill, which is under consideration of your committee. Providing exception for the Nuclear Regulatory Authorities referred to in Clause 25 of the mentioned bill is unacceptable primarily due to the fact that none of the scientific research so far conclusively has proved that nuclear energy production anywhere in the world is fool proof against any natural calamities such as floods, lightening, earth quake, tsunami etc. Nuclear energy safety is a contentious issue all over the world and new facts in light of new incidents are emerging. It may be mentioned here that Japan has ordered a comprehensive review of its nuclear energy policy in wake of Fukushima Dai-ichi nuclear plant disaster, with all its 54 nuclear power plants under scrutiny and the new Prime Minister on record as having said, "as I have experienced the March 11 accident, I came to realise the risk of nuclear energy is too intense, it involves technology that cannot be controlled by our conventional concept of safety." Thus it is amply clear that any denial of information regarding such a vital issue as nuclear energy production is unacceptable as it compromises with the safety of the lives of the people. The Supreme Court of India has time and again broadened the gambit of right to life. To know how safe a nuclear reactor is citizens' fundamental right because their life would be at stake in the eventuality of any radiation leakage under any circumstances. By that implication the proposed amendments in RTI Act go against the spirit of the constitution that respects and protects fundamental right of life of its citizens. The regulatory bodies under Clause 25 of the bill will become exempt as soon as they are established by the Central Government. This is done through putting them into a special security category already exists. By their very nature and functioning these organisations cannot be labelled as intelligence or security organisations. Moreover, to protect bodies that have not yet been established from purview of seeking information is beyond comprehension and a clear misuse of the Section 24 of the RTI Act. PUCL believes that the proposed amendments will go against the general interest of the people of India and therefore I request you to recommend deletion of all clauses that seek to amend the RTI Act. By doing so you will honour the voice of the civil society and our constitution. Sincerely Sd/Pushkar Raj General Secretary People's Union for Civil Liberties Delhi.

PRESS STATEMENT
Expressing satisfaction over smooth end of the unprecedented impasse between the media and the Speaker of the Legislative Assembly, Balraj Puri, Convenor, People's Union for Civil Liberties, J&K State, said that both deserve congratulations for showing wisdom and awareness of their responsibility. Freedom of press is a highly cherished value of democracy. He was happy that the Speaker realised that it did not behove him to say, as attributed to him, that media was under his control and it was bound to disclose its sources to him. Puri, however, advised the two parties concerned to institutionalize their agreement and elect a person to whom any such difference be referred to in future for timely settlement before it took the form of a clash.

PRESS STATEMENT
Balraj Puri, Convenor, People's Union for Civil Liberties, J&K State, has expressed serious concern over deteriorating communal situation in a sensitive town of Rajouri. The gravity of the situation is obvious, he said, as secularism is the basis of India's Kashmir policy. Any attempt to weaken it in the state, directly helps the proPakistan forces, according to him. Vishwa Hindu Parishad Chief PraveenTogardia and his followers have posed a challenge not only to the administration,but also to patriotic forces and must be met by all of them, Puri said. Paying tribute to the people of Rajouri, he reminded them of their role in post-Babri Masjid events, when they accepted his advice to Muslims to reconstruct Hindu properties they destroyed and Hindus to take up reconstruction of Muslim properties destroyed by them. Both communities forged a relation of peace and harmony for decades to follow. Puri hoped that people of Rajouri would rise to the occasion this time again, and defeat the attempts of communal forces to disrupt peace and harmony in the sensitive district.
J&K HUMAN RIGHTS Perspective

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Edited, Printed and Published by Balraj Puri for Institute of Jammu & Kashmir Affairs, Karan Nagar, Jammu. Printed at ESS ESS ESS Offset Press, Wazarat Road, Jammu.