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HUMAN
Vol. 8—No. 4 Bimonthly Review of Jammu and Kashmir Affairs with Human Rights Perspective
Understanding Urges of Youth and
Reconciling Diversities of J&K State
T
he Prime Minister hit the nail on its head
when he, in his telecast speech,
empathized with the anger and frustration
of the youth of Kashmir “who have been at the
forefront of the rock pelting protests.” In his
Independence Day speech, he reiterated his
offer to the agitating youth for a dialogue. The
root cause for the present turmoil in the Valley
is the anger of this section of the Valley’s
population. It is not, as was so far assumed,
caused by anti-national forces within and from
across the Line of Control; though they might
have tried to exploit the situation and influence
the course of this leaderless movement.
The starting point of any intervention,
therefore, should have been to identify the
leaders of the protesting youth, have a direct
dialogue with them and then to respond to their
felt needs, instead of appointing a committee of
experts to redress their presumed problems.
Their most important need is safety. The police
and CRPF should be trained in, and equipped
with, modern methods which disperse crowds,
without killing or injuring anybody.
In response to my suggestion that I made to
the Prime Minister, he advised the Conference
of Directors General of the State on August 26
to use non-lethal measures for crowd control.
If implemented, the fundamental right to protest
and demonstration, of course as long as they
are peaceful, will be ensured. The assertion of
Masart Islam, lieutenant leader of the hard-line
faction of the Hurriyat Ali Shah Geelani that “if
peaceful protest are allowed, nobody would
throw stone,” should be tested and exposed, if
he is proved wrong.
And every killing should be followed by
independent and credible enquiry. So far the
government policy of holding enquiry has been
very haphazard. While no enquiry was held into
killing of an innocent youth, Tuffail Ahmad Mattoo,
on June 11, which triggered the revolt; a judicial
enquiry was ordered into the killing of youth in
Sopore and a magisterial inquiry into killings in
Anantnag. A judicial enquiry was ordered into
killing of 17 boys till July. But no enquiry when
death toll reached 65, after that.
Ideological Direction of the Movement
If this teenager revolt does not get a healthy
ideological direction, modern technology-savvy
ONE
www.humanrightsjournal.
Perspective
generation can make contact with, and be
inspired, by the international radical Islamic
movement. Already Geelani, who was released
from detention on giving an undertaking that he
would engage in peaceful activities, has been
able to establish his relevance with the movement
of the leaderless youth, by giving it direction and
articulating its demands. His deft leadership and
disciplined cadre, he is emerging as the most
effective leadership of the movement.
If no alternative influence works, the
impressionable youth may cut itself off from its
rich cultural roots and, thus, threaten Kashmiri
identity. If the entire Valley, through into the
month of May, celebrated the success of Shah
Faeisal’s topping the IAS test , why did he not
continue to be a source of inspiration for the
youth? How and why did it become so
disaffected, so soon?
The Union Home Minister accused Lashkar-
e-Toiba of instigating the youth to start the
agitation. If it was so, could it not have supplied
better weapons to the agitators than the stones
they are using? And how did it contact the
leaders of the agitation, who have yet to be
identified even by the State government?
That the agitating youth burnt the effigies of
Syed Salahudddin, the head of United Jehad
Council, of which even Lashkar is a member, in
protest against his advice to them to stagger
their agitation so that education of the Kashmiri
children and economy not suffer should dispel
the suspicion that the current agitation is
sponsored by militants from across the LoC. Nor
is there any evidence that separatist groups
organized it. The youth, with their faces covered
told the media their disillusionment with the
traditional separatist leaders. Moreover, due to
their mutual rivalries and changing attitude of the
Pakistan government which patronized one
after the other, they were losing credibility.
In these circumstances, the offers of Union
government to talk to all leaders of Kashmir,
including the separatists, will hardly help. Nor
the proposal to resume dialogue with Pakistan
is directly relevant.
Political and Ethnic Package of the PM
The Prime Minister, in the same speech, also
made a very generous announcement of a large
number of political and economic measures to
RIGHTS
July-August, 2010
satisfy the urges and needs of the people of the
Valley. He proposed a dialogue with all parties,
including the separatists who have predictably
rejected his offer.
Howsoever well-intentioned, it is no favour
to the Kashmir Valley to isolate it from the rest
of the State like this.
Jammu and Kashmir is privileged to have
many more diversities that any other state of
India. Diversity has been universally
acknowledged to be the most cherished value
of a democratic polity. It is failure to reconcile the
urges of the multiple communities that constitute
the State is the single-most important cause of
all complications in the Kashmir problem. Before
any final solution of Kashmir is attempted, its
leaders should aspire to be a model of unity in
diversity.
A very concrete step was taken in reconciling
regional aspirations by Nehru and Abdullah
when they signed the Delhi Agreement in 1952
which not only provided for autonomy of the
State, but also included, at my suggestion, a
provision for regional autonomy. Whatever the
BJP might say today, it is a recorded fact that its
founder Dr. Shyama Prasad Mookerjee had
eventuallyagreedtosupporttheDelhiAgreement.
(For detailed evidence and analysis see J&K
Human Rights Perspective, May-June issue)
State Peoples’ Convention, convened by
Sheikh Abdullah as leader of the Plebiscite
Front, in 1968 that included the entire political
spectrum of the Kashmir region except the ruling
Congress, unanimously accepted my draft for
an internal Constitution of the State which
provided for regional autonomy and devolution
of power at district, block and village levels;
whatever be the final solution about the status
of the State. It was an attempt not only to
empower the people and giving them real content
ofazadi, but also reconcile urges and needs of
ethnic and religious communities at all levels.
When Sheikh Abdullah returned to power in
1975, he reiterated his commitment to implement
regionalautonomyatameetingofrepresentatives
of Jammu and Ladakh. His party, the National
Conference, also incorporated the same in its
revised manifesto entitled New Kashmir. This
(Contd. on page 5)
 July-August, 2010
DISCUSSION NOTES
Dangerous Implications of
Division of J&K State
G
overnment of India has been
offering any solution to Kashmir
problem, within the framework
of Indian constitution, on which there is
consensus among the leaders of
Kashmir. The Chief Minister has also
suggested resumption of a dialogue
between India and Pakistan. Such
proposals are meant to defuse the
current situation in Kashmir Valley.
As most parties—the separatists
entirely and mainstream primarily—are
centred in Kashmir, and the movement
for Azadi is confined to the Valley,
various proposals that are being mooted
concentrate on it. When Hurriyat (M)
leaders visited the Pak-Administered
Kashmir (PAK) in 2005, its then Prime
Minister, Sikander Hayat said that the
former did not represent the Indian part
of the State as not a single non-Valley
person, Hindu or Muslim, was a part of
its delegation.
The four point formula of General
Parvez Musharaff, when he was
president of Pakistan, in recognition of
the reality of the State being constituted
of more regions than one, talked of five
regions—Kashmir, Jammu and
Ladakh, on the Indian side, and PAK and
Northern Areas on Pakistan sides. He
pleaded for self-rule for each region to
reconcile urges of each region before
arriving at an agreement on the status
of the State. Similarly, Sheikh Abdullah,
remained committed to autonomy of the
State—whatever be its status—and
regional autonomy within the State.
If no fresh attempt is made to
recognize and reconcile the regional
urges, the logical outcome would be that
regional divide would continue to widen.
Many leaders of Kashmir have,
therefore, suggested division of the
State on religious lines; for Muslim-
majority areas of Jammu and Ladakh,
who otherwise nurse a feeling of
neglect by Kashmiri leaders, may not
like to change their status from being a
part of a Muslim-majority State to
becoming a minority.
Division of the State on religious lines
TWO
has many proponents, from Sir Owen
Dixon, Farooq Kathwari, Selig Harrison
to Sajjad Lone. Lone in his exposition
of the idea said “Assume for a moment
it is a communal solution. Who cares
as long as it benefits the Kashmiri
nation?”
But can the resultant State be called
a Kashmiri nation? Kashmiris have to
choose between being a Muslim State
or a Kashmiri State. In the former case,
what will happen to their unique 5000
years old civilizational heritage?
Religious identity alone, after all, failed
to satisfy Bengali Muslim urges in
Pakistan. Assertion of its ethnic identity
eventually led to the formation of a
separate independent Bangladesh.
Ever in the resultant Pakistan, ethnic
communities like the Sindhis, Muhajirs,
Balochis and Pushtoons have been
asserting themselves, which is the
cause of most of the problems the
country is facing today.
Voices for separation are being
raised in Jammu and Ladakh also.
These demands might result in
communal division of these regions. As
there are no exclusive Hindu, Muslim
and Buddhist parts in the regions, the
experience of the Partition may be
repeated, making Muslims unsafe in
Hindu and Buddhist majority areas, and
Hindus and Buddhists in Muslim
majority areas. Ethnic identities are the
greatest secularizing influence in the
State. In 2002 assembly election, a
Hindu was elected from overwhelming
Muslim-majority constituency of Darhal
by championing the cause of Pahari
community. Earlier a Muslim Gujjar,
Talib Hussain, won a Lok Sabha seat
from Jammu-Poonch constituency as the
community along with the Scheduled
Castes form a formidable vote bank
there. Incidentally, all Gujjars in the State
are Muslims but assert their identity as
Gujjars and are proud of their heritage
which they claim extends back to the
times of Lord Krishna. Any division of
the State on religious lines will, thus,
threaten the precious cultural heritage
of Kashmiris, Gujjars, Paharis, Dogras
and Ladakhis.
Above all, another Partition on
religious lines will do an irreparable
damage to the secular basis of India
and, in no case, will it be in the interest
of its largest minority of Muslims.
Redeeming Feature in Kashmir
Situation
The teenager revolt in Kashmir, which
started on June 11, continues to persist
taking a toll of 65 by August end. It
prolonged partly due to its tactless
handling by the government, and partly
due to elements which sought to give it
a more aggressive form by attacking
government buildings, including police
stations. By now some lessons should
have been learnt by both sides and
some respite given to the situation,
particularly for the education, business
community, traders and the common
man, so that ground is prepared for
some fruitful dialogue.
Meanwhile, while reviewing the
situation, it is worth remembering some
redeeming features in it. Most important
is the perfect smooth Amarnath yatra,
which was performed by 4.56 lakh
pilgrims this year. The warm welcome
they received from otherwise angry
Kashmiris shows that the soul of
Kashmir is still alive and that they nurse
no grievance against non-Kashmiri
Indians.
Unlike 2008, Jammu, too, behaved
agreeably. The BJP’s call for a bandh,
as a protest against rumoured attack on
a Shivalya in Anantnag, was a complete
flop due to the efforts of civil society,
which also organized some protests
against killings of innocent youth in
Kashmir.
While politics divides the people on
regional or religious lines, individually
they are not hostile to one another. The
policy of the State must be to try to keep
in view the potentialities of this fact. After
all, Jammu is a vital geo-political-
economic link between Kashmir valley
and the rest of the country and, at the
moment, the rest of the world.
ll
J&K HUMAN RIGHTS Perspective
 July-August, 2010
Ladakh: Land of Death and Destruction
L
adakh has undergone its worst-
ever tragedy. Hell was let loose on
August 6, when a cloud burst and
flash floods in Leh aused large scale
deaths and devastation. It took a toll of
nearly 200 human lives. Besides that,
400 are untraceable and many have
been injured. For several days, the
region was cut off from the rest of the
world as its land routes and air services
were completely blocked.
According to a survey done by Sher-
e-Kashmir University of Agricultural
Science and Technology, 28 thousands
quintals of good grains and 1400
hectares of agricultural land, which is
very scare in Ladakh, have been
damaged. Damage to properties is
beyond estimation.
Sympathy and Relief for the Wada
The human tragedy of this magnitude
has predictably aroused sympathy far
and wide, with offers of relief. Prime
Minister visited the spot and, besides
personally sharing the grief of the
sufferers, sanctioned a relief grant of Rs.
125 crores. This was followed by offers
by the President and Chief Ministers of
many other states. NGOs and citizens
committees are also collecting
contributions in cash and kind from
people every where. Experts of
institutions like Geological Survey of
India and Defence Institute of High
Altitude Research are studying causes
of the present disaster, and the short
and long term measures to avoid its
recurrence. A number of earlier studies
had, in fact, warned that due to changes
in weather, some disaster might take
place.
Teams of doctors, local national and
foreign are providing medical relief to
the needy. The loss, human and
material, is too colossal to be met by
such measures. But it is the effort that
matter, which shows humanity is still
alive. There were also heart-warming
scenes of Buddhists and Muslims
engaged in relief work together.
One, however, wishes that a word of
sympathy and token relief could have
come from separatist leaders, who
claim to represent the people of
Kashmir if not the whole State. It is true
that the Kashmiris are undergoing
considerable suffering, presently. But a
sufferer can appreciate the sufferings
of the other better. A token of sympathy
THREE
from Kashmir would also have
contributed to unity of the State.
This trans-Himalayan region—an arid
desert—is by far the largest region of
the State constituting over 42 percent of
its area, though sparsely population. Its
population comprising mainly Tibetan,
Mongolian and Balti tribes makes it
ethnically and racially quite distinct from
the rest of the country. In the recent past,
it has become destination for tourist
from all across the world. Its attractions
include trekking, heritage cites, and
monasteries.
Being on the ancient silk route, it has
a glorious past. As a central point on
various trade routes, Leh has been
called Singapore of that age. Situated
on the banks of river Indus, at a height
of around 11,000 feet, it was as a place
of reverence in ancient India. Mahayana
branch of Buddhism spread from
Ladakh to China, Japan and Far East,
through Tibet.
The region, for all these reasons, has
attracted many scholars of international
repute, who have described its unique
culture in glowing words.
Though its process of recovery to its
golden height has received a set back
due to the recent development, it has
potentialities of overcoming it. With the
opening of Manali-Leh road which was
recently inaugurated by Mrs Sonia
Gandhi, fresh influx of tourist should be
expected. Simultaneously, tunnel
across the Zojila pass when completed,
would improve its connectivity on the
western end to outside world through
the Kashmir region.
These potentialities, in turn, would be
far better used if region is fully
empowered. Ladakh is not recognized
by the State Constitution as a separate
region unlike Kashmir and Jammu.
Ladakh is treated as a part of the
Kashmir region and its administration
is controlled by divisional offices from
Srinagar, from which, ironically, it is cut
off for more than six months during
prolonged winter. Why Ladakh is treated
not equal to the other two regions?
Further, Ladakh was divided into two
districts, Buddhist-majority Leh and
Muslim-majority Kargil. By breaking its
common regional identity, religious
identities have become more
pronounced. Occasionally tensions
between them also emerged which may
threaten age-old exemplary cordial
relations between them.
Autonomy—A Misnomer
Much is made of the autonomy given
to the two districts of Ladakh. In reality,
the autonomous councils of the two
districts do not enjoy more powers than
elected districts boards in the rest of the
country.
In sheer desperation, a movement for
Union Territory status for the region and
its separation from the State has
started. Even the Congress party in Leh
has supported the demand. But the
demand’s support is mainly confined to
the Buddhists. Muslims of the region,
too, are not satisfied with the present
status; but, on the whole, they do not
support the demand for separation from
the State. This may enlarge the
emerging divide between the two
communities.
First step should therefore be to grant
regional status to Ladakh, similar to that
of the other two regions, with regional
administration. Ideally, all the three
regions should be given a measure of
regional autonomy as promised by
Kashmiri leaders. Then district
autonomous councils will become more
meaningful. Such a system will restore
communal harmony, as well.
Meanwhile, all efforts—at official and
non-official levels—should be
concentrated on providing all possible
succour to victims of the disaster in Leh,
and reconstruct their dwelling places.
Reconstruction work should not be
confined to the over-congested Leh
town, but should also cover smaller
townships, so that pressure of
population on Leh is reduced and its
civic amenities are improved. Time is
essence of all the efforts. They must be
completed before onset of winter, which
is extremely severe and brings all
activities to a halt.
Though damage in Kargil district is
much less, it should not be neglected.
Chief Minister Omar Abdullah’s tour of
affected areas of Kargil has highlighted
the damage it has suffered. Moreover,
Leh-Srinagar road link through Kargil
needs much improvement. Let a new
Ladakh emerge out of the tragedy which
befell on it on August 6.
ll
J&K HUMAN RIGHTS Perspective
 July-August, 2010
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.
Need to revisit strategy,
find non-lethal measures
for crowd control: PM
New Delhi, August 26: Voicing serious
concern over the spate of violent protests in
Jammu and Kashmir, Prime Minister Manmohan
Singh today highlighted the need to “revisit”
standard operating procedures and crowd
control measures by security forces to deal
with public agitations.
“Despite the curtailment of militant activities
in Jammu and Kashmir, the public order
dimension in the State has become a cause of
serious concern,” Singh told the three-day
conference of DGPs and IGPs.
“We need to revisit standard operating
procedures and crowd control measures to
deal with public agitations with non-lethal, yet
effective and focused measures. We also
cannot have an approach of one-size-fits-
all,” he said.
His comments come against the backdrop
security forces in J&K facing flak for the killing
of over 60 civilians in police action to quell
violent protesters since June this year.
Singh asked Home Minister P Chidambaram
to establish a high-powered task force to
come out with a set of recommendations on
non-lethal crowd control measures in the next
two to three months.
He said that instead of single standard
sequence for the use of force, other countries
have put in place procedures that vary
according to the situation.
The Prime Minister cited the experience of
Rapid Action Force for non-lethal crowd
control which has been successful saying it
should be examined for being followed by
other police forces also.
(Indian Express, August 27, 2010)
Puri Meets PM
Balraj Puri, Director, Institute of Jammu
and Kashmir Affairs, had a detailed discussion
with Prime Minister on the present situation in
Kashmir. According to him, urges and needs
of the teenagers, who were in the forefront
of the current protest should be understood
and redressed. They should also have azadi
to demonstrate and protest, and should be
dealt with by the police and the CRPF with
modern techniques that handle crowd protests
without killing and injuring anybody. Every
killing should be followed by an independent
enquiry, he suggested.
Referring to political measures suggested
by the Prime Minister recently, Puri told him that
Jammu and Kashmir was privileged to have
more diversity than any other State of the
country and, thus, should be helped to become
a model of unity in diversity. With this objective,
Nehru and Abdullah had agreed on autonomy
FOUR
of the State and regional autonomy within the
State. This formula was agreed upon by the
All Parties Conference convened by Sheikh
Abdullah in 1968 and attended by all political
parties of Kashmir region excepting the
Congress. It was also incorporated in the
National Conference manifesto, New Kashmir,
in 1975. He added that the present system
which centralizes all powers in the hands of
the State government should be decentralized
so that the people at all levels are empowered
and get some degree of azadi.
Emphasizing the key role the Kashmiri
Pandits, the most intellectual community of the
State, can play in enriching unique cultural
heritage of Kashmir, Puri said that their services
should be used fully. In this context, he referred
to the visit of 40 thousand Kashmiri Pandits, a
record number at Khir Bhawani their religious
place of pilgrimage, this year and warm
reception the received from the Muslims. He
said it demonstrated their potential role in
reviving the unique common socio-cultural
heritage of Kashmir. Prime Minister assured
Puri that his government was considering all
suggestions seriously and was determined to
resolve problems of the people of the State.
Laser guns to quell stone-
pelting mobs in J&K soon
New Delhi, August 27: The armed forces
and security agencies may soon use laser
guns to tackle the stone-pelting mobs in Jammu
and Kashmir.
Prime Minister Manmohan Singh is
understood to have given the go ahead for the
selective use of the gun, which is non-lethal
and aimed at disorienting a crowd or even
terrorists in action.
The gun, Laser Dazzler, would flash a
laser beam causing the protesters to go
virtually blind for nearly a minute, good enough
time for the troops to nab the culprit. The beam
is two to three meters wide.
The Defence Research and Development
Organization (DRDO) had produced the gun
two years ago. It has been successfully
tested by the army in “real combat” situations
in both J&K and the north-eastern states.
Singh gave a hint about the weapon when
he said, “We need to revisit standard operating
procedures and crowd control measures to
deal with public agitations with non-lethal, yet
effective and focused measures.” He was
addressing a three-day conference of director
generals and inspector generals.
His comments come in the backdrop of
agitation in J&K since June and the subsequent
death of civilians in police action to quell
violent protesters.
The Prime Minister had asked home minister
P Chidambaram to establish a high powered
task force to come out with a set of
recommendations on non-lethal crowd control
measures.
“Despite the curtailment of militant activities
in J&K, the public order dimension in the state
has become a cause of serious concern,”
Singh said.
These guns are fully compliant with the
United Nations (UN) conventions, which
prohibit the use of laser guns that cause
permanent blindness.
“Laser guns causing permanent blindness
are banned under a 1995 UN Convention
called the Protocol on Blinding Laser Weapons.
But the DRDO gun does not have any such
effects on the target. The eyes come back to
normal as soon as the dazzling effect of the
flash is over,” a top source in the cabinet
committee on security said.
(Kashmir Times, August 28, 2010)
Out with Pepper Guns to
quell protests
August 19: After more than two months of
continued unrest which claimed lives of 60
civilians the Jammu and Kashmir police has
pressed into service the sophisticated anti-
riot gun which spews pepper balls on the
target.
Policemen on Thursday could be seen
brandishing the new weapon in the besieged
City streets taking the passer-by mostly media
persons by surprise as the avid lot inquired
about its utility.
Sources in Home department said at-least
200 such guns have been imported from the
US gun-making.
The gun—Pepper Ball Custom Carbine
Launcher—can rapid fire as many as 160
pellets on the targets.
The company label states that Pepper Ball
Technologies, San Diego California has
manufactured the weapon.
The pepper balls, as per police, are loaded
with non lethal pepper power which explodes
the moment it hits the target.
“The pepper ball explosion causes burning
a sensation in the eyes of the enemy and it
runs for cover,” said an expert requesting not
to be named.
Sources said the security agencies
introduced the pepper gun as an alternative to
deadly assault riffles like AK-47 and Insas,
allegedly used mostly on the protesters in this
trouble torn region. Both the State and Central
governments have been facing severe
embarrassment over the continued civilian
killings while the security experts have been
suggesting the use of alternatives to automatic
rifles used for mob-control in Kashmir.
Meanwhile, the pepper ball firing in City has
evoked a sharp response from protesters
(Contd. on page 5)
J&K HUMAN RIGHTS Perspective
 July-August, 2010
Human Rights Update...
(Contd. from page 4)
who say the weapon is the new avatar of the
chilly powder. “We have been throwing chilly
powder on forces for decades. The gun
seems to be its modified version,” said an
elderly Abid Ahmad of Shahr-e0Khaas.
(Greater Kashmir August 20, 2010)
People’s tribunal to probe
deaths in Kashmir
August 27: Indian Civil Society has decided
to send a team of Human Rights activist, which
will set up the Peoples Tribunal to probe
recent deaths in the Kashmir valley.
A meeting of “Civil Society Initiative Islamic
Centre, where the speaker expressed anguish
and concern on the ongoing unrest in the
valley. The meeting was attended by Swami
Agnivesh, veteran Journalist, Kuldeep Nayar,
Kamal Farooqi of Milli Council, Niyaz Farooqi
of Jamait Ulema-Hind, and SRQ Ilyasi of Jamat
Islam. Mohammad Shafi Pandit and Zafar
Mehraj from Kashmir gave presentation on the
current turmoil. The meeting was organized
by Hyderabad based journalist Mazhar in
collaboration with Rahul Jalali.
Swami Agnivesh is going to lead a five
member delegation to the valley, on Sunday.
The tribunal will record statements of victims
of the police and CRPF atrocities and will
prepare a detailed report on the brutal policies
of the authorities. G N Ratanpuri and Abdul
Rashid Shaheen also forcefully demanded
the restoration of autonomy to the State.
The meeting insisted that the centre should
set up an independent inquiry into all the
killings in Kashmir starting from the fake
encounter in Macchil in last April.
“All political prisoners should be release
immediately and cases against protestors be
withdrawn.
“The Armed Forces Special Powers Act,
Disturbed Areas Act and the Public Safety Act
should be inhibited immediately. The army and
para-military forces should be reserved from
cities and civilian areas. Water cannons and
other no lethal means should be used for
controlling protests,” said the delegation in the
statement.
“Kashmir is in pain and is bleeding. India
has strong secular credential, but what we
see in Kashmir is brutal use of force against
innocent people,” Pandit said. Zafar Mehraj
the other speaker held that present crisis
started with the Macchil encounter. “There is
no accountability and the State administration
is mute spectators to killings of innocent youth,”
Mehraj added.
“The role of civil society over the issue of
Kashmir has been sluggish. They failed to act
as a credible pressure group to different
parties engaged in the conflict. During the
ongoing crisis, only few members of the civil
society visited Kashmir to see the situation,”
meeting said.
(Rising Kashmir, August 28, 2010)
FIVE
Ultras kill 3 in South
Kashmir
Srinagar: Suspected militants have killed
three persons, including a 40-year-old woman
and her teenage daughter, in two separate
incidents in south Kashmir.
A police spokesman said four militants
barged into the house of one Mohammad
Hussain Gorsi and killed his wife Shakeela
(40) and her 19-year-old daughter Zareena in
the Nanmarg area of Damhal Hanjipora in
Kulgam district late on Sunday evening.
Deputy Inspector General of Police in south
Kashmir Shafqat Ali Watali said the militants
were actually looking for Siraj Ahmad, brother
of Shakeela.
“Their target was Siraj, who escaped when
the attack took place. The mother-daughter
duo was caught in the firing he said.
A police official on the condition of anonymity
told Hindustan Times that the militants belonged
to Pirpanjal regiment of Hizb-ul-Mujahideen.
“Basharat, Irfan, Rashid and Shafi,
belonging to Mahoor Rayasi, who are active
in the area, are involved in the killings,” he
claimed.
While police said they were ascertaining
the cause of animosity between militants and
Siraj, locals alleged that the latter was an
Army source.
In another attack in south Kashmir’s
Chakoora in Pulwama district, police said
militants killed Ghulam Nabi Wani, an employee
of the social welfare department.
“The area people staged a protest against
the killing in the holy month of Ramzan,” the
police spokesman said.
Watali said the killing seems have a political
connection. “The deceased has a National
Conference background. We area investigating
the matter,” he said.
(Hindustan Times, 24 August, 2010)
Home Minister admits 12
killings were unprovoked
Srinagar: Union Home Minister Pallaniapan
Chidambaram Tuesday admitted that at least
a dozen incidents of deaths, during Police
action against Kashmiri protesters, were
unprovoked and these deaths would be
investigated shortly. Interacting with a
delegation of Kashmiri students, Chidambaram
said, “our forces have been maintain possible
restraint but I admit at least a dozen killings
might have happened due to unprovoked
firing. We shall carry out proper investigation
into such incidents.”
A forty-member student delegation from
Kashmir called on the home minister in his
North Block chamber Tuesday evening. The
delegation was led by Vice Chancellor of
Islamic University, Professor Sidiq Wahid.
Sources said the meeting was organized by
BJP MP Tarun Vijay who was beside
Chidambaram while he spoke to the Kashmiri
delegation. When contacted, Professor Wahid
confirmed the meeting saying, “We tried to
create an interface between youth and
government of India.”
(Rising Kashmir, August 18, 2010)
Understanding Urges of ...
(Contd. from page 1)
assurance should not be treated as a
concession to the sentiments of Jammu and
Ladakh. An autonomous Kashmir, at par with
other regions is the State, can maintain its unique
culture, and promote it better than it is possible
in a unitary state.
The case of more autonomy within India for
the State would become stronger if its logical
extension, that is, the regional autonomy is
provided in the Constitution of the State, which
is within the power of the State legislature.
Also, while demanding autonomy for the
State, its limits should be considered by the
leadership. Some autonomous central
institutions check the arbitrary powers of the
central government to interfere in the affairs of
the states. In particular, the extension to the
State of the jurisdiction of institutions like the
Supreme Court, the Election Commission, the
Auditor and Comptroller General, the National
Human Rights Commission, the Central
Information Commission under the RTI, the
National Women Commission and Panchayati
Raj system would be in the interest of the people
of the State. Otherwise more autonomy to the
State can be used to impose dictatorial regime
over the State and curb democratic rights further.
While for some inexplicable reasons Sheikh
Abdullah could not implement his commitment for
regional autonomy when he was in power; his
son and successor, Farooq Abdullah, appointed
two autonomy committees—one, for autonomy
of the State, and the other, headed by me, for
regional autonomy.
Regional Autonomy
In my subsequent report, I incorporated all
commitments made by Sheikh Abdullah and
other Kashmiri leaders regarding regional
autonomy. I also suggested an equitable and
objective formula for allocation of funds at
various levels, which is a major source of
discontent in every region and district of the
State. The criteria for sharing of funds included
eight indices: area, road connectivity in proportion
to area, population, female literacy, infant
mortality, share in government services, share
in admissions to technical institutions, and
contribution to State exchequer. The formula, or
any modified version, can be computed easily to
determine entitlement of funds for any region or
district, instead of being decided arbitrarily on
subjective or political considerations by the
State government.
Whatever final solution Kashmiris may aspire
for, it would be facilitated if internal problems of
the State are resolved and mutual tensions are
reduced by reconciling urges and needs of all
its communities, unless they decide to seek a
status from the Kashmir valley. This option has
its own implications, some of which are
discussed in the notes following this article.
ll
J&K HUMAN RIGHTS Perspective
 July-August, 2010
Muzaffar Bhat, Shah Faisal and Preetaish Kaul
Can RTI be The Way to Healing in Kashmir?
J
ammu & Kashmir simmers. Even
as the 'whys and wherefores' are
hotly debated, people who have
known nothing but strife and unrest
continue to die. The tragedy is an
ongoing concern. It is in times like
these that one searches for a glimmer
of hope amidst the violence, corruption
and mismanagement that bedevil the
State.
The Right to Information (RTI) has
recently given us hope. For
constitutional reasons, the central RTI
Act of 2005 exempted J&K, leaving it
behind as RTI improved people's lives
across the rest of India. With the long
overdue enactment of our State's own
Act 16 months ago, the RTI's influence
has begun to permeate daily life in
J&K. Though the State information
commission remains headless, RTI
training programmes have been
organised across the State to raise
public awareness. Success stories
highlighted in the media have inspired
many citizens to use the RTI to solve
their problems, improve local
governance and address some social
wounds unique to J&K. This revolution
represents a peaceful alternative to
the culture of violence and protests so
often identified with Kashmir.
These changes are illustrated by
our unprecedented use of the RTI to
address a custodial disappearance
case. Muhammad Ashraf Yatoo was a
35-year-old resident of Chadoora,
Budgam district. A father of four, he
was an employee of the J&K
government's food and supplies
department. On December 13, 1990,
he was arrested from the street by the
Border Security Force (BSF) in front of
several dozen witnesses. He has not
been seen since. When approached
by his pleading wife and children, the
BSF denied knowledge of his fate.
Later, the J&K police declared him
innocent of any crimes and the
government provided compassionate
employment to his widow so she could
raise her family with dignity.
SIX
After 17 years of uncertainty, the
family learned about the RTI. With our
help, they filed an RTI application with
the BSF to uncover the fate of their
husband and father. The BSF returned
the application and we, therefore,
appealed on procedural grounds. On
July 2, the Central Information
Commission ( CIC) admonished the
BSF, and directed them to provide the
family all the existing information on
Yatoo's fate. The decision was
highlighted in the local and national
media, and piqued interest in the RTI
amongst many Kashmiris, who flooded
us with supportive phone calls and e-
mails.
Ashraf's case shows how the RTI
can be used to address allegations of
wrongdoing by the security forces. One
former director-general of the BSF was
supportive of the CIC's decision and
told a journalist with a news magazine
that it would make the security forces
"accountable". But another former DG
said that we shouldn't be "asking the
authorities inconvenient questions".
We believe any reform without
accountability is meaningless. The
latter officer and those who share his
views do not fully appreciate the
importance of the RTI in protecting the
constitutional rights of Indian citizens.
RTI Empowers the People
Indeed, the RTI brings real power to
the people by making the establishment
accountable to them. Accountability and
transparency in administration
produces better governance. It also
strengthens grievance redressal
mechanisms. Isn't that what everyone
wants?
While the civilian bureaucracy has
been slowly absorbing and
implementing these principles, the
same cannot be said about the State
and central security forces when it
comes to human rights violations. The
partial RTI exemptions for security
forces and their entrenched culture of
confidentiality have made them
resistant to disclosing information on
human rights violations. When they
have been challenged, they've offered
the arguments that disclosure would
"impede ongoing investigations", "hurt
morale" or "inspire the enemy".
Such reasons may be genuine in
exceptional cases, but they cannot be
used as blanket excuses. Isolated
cases of excessive retaliation and
unnecessary killings can happen in
spite of institutional professionalism.
The authorities should appreciate that
nothing hurts the reputation of a
besieged security force more than the
distrust of the people it is supposed to
protect.
The BSF has now been directed to
provide Ashraf's family with information
on his disappearance, but the same
information should be automatically
provided in other similar cases, past
and future. Through such disclosures,
the security forces would demonstrate
their willingness to operate within the
limitations of the law, gain the public's
trust and restore normalcy in J&K.
The political and bureaucratic
establishment must also embrace the
RTI as an instrument of change in the
State, since people's grievances stem
from hardship, suffering and
resentment spread by decades of
mismanagement, corruption and
indifference on the part of politicians
and the civilian bureaucracy. Indeed,
real improvements in their daily lives
will not blossom from the stagnant air
of fruitless debates and grand political
bargains, but rather from incremental
improvements in governance cultivated
by real instruments of change like the
RTI Act. The political, bureaucratic and
security establishments must,
therefore, stop neglecting the RTI in
J&K as if it were a "sideshow", and
must instead place it at the centre of a
renewed effort in promoting peace and
prosperity for all.
(The writers are RTI activists with the
J&K RTI Movement. Bhat is a dental
surgeon; Faisal, a physician, has joined
the IAS; and Kaul is a physician.)
ll
J&K HUMAN RIGHTS Perspective
 July-August, 2010
National Day of Solidarity
with Kashmiri People
O
n 20 August 2010, in keeping
with a resolution adopted at its
founding Convention, the All
India Left Coordination (AILC)
comprising the CPI (ML) Liberation, the
CPM Punjab, the All Nishan Party
(Leninist) Maharashtra and the Left
Coordination Committee Kerala,
observed the National Day of Solidarity
with Kashmiri People in various
important centres of the country. Through
protest marches, dharnas and
demonstrations left activist across the
country declared strong message of
solidarity to the struggling people of
Kashmir and determination to sensitize
and mobilize struggling people in India
on the question of the repeated betrayals
and daily perpetrated by the Indian state
against the people of Kashmir.
In the national capital, a solidarity
dharna was organised at Jantar Mantar
which was attended by a large number
of students, workers, activist and
democratic individuals. Addressing the
dharna, Dipankar Bhattacharya, General
Secretary of CPI (ML), condemned the
stubborn continuation of a policy of
repression of mass demonstrations and
the attempt to deny the authenticity of
the Kashmiris outrage and protests. He
asserted that nowhere can unity be
achieved at gun point or under the army
jackboot and added, “In Kashmir the
much-touted economic packages
cannot assuage the sense of alienation,
and are no substitute for addressing the
political demands and aspirations for
justice and dignity of the people of
Kashmir.” The Solidarity Dharna was
also attended and addressed by CPI
(ML) Central committee members Kavita
Krishnan, Prabhat Kumar, Delhi State
Secretary Sanjay Sharma, AICCTU
leader Rajiv Dimri, JNU Student leader
Sucheta De, AICCTU leaders Satvir
Editor : BALRAJ PURI
Office : Karan Nagar, Jammu - 180 005 (J&K) INDIA.
Phone : 91-191-2542687, 2543556 Mobile: 94191-02055 • E-mail : balraj_puri1@rediffmail.com
SEVEN
Problems and demands...
(Contd. from page 8)
camp 1971.
19. Exemption of Rent being
Shramik and N M Thomas, film maker charged on custodian houses.
Sanjay Kak and others. 20. Establishment of a separate
The National Day of Solidarity with cell in Deputy Commissioner’s office
for correspondence of DPs of 1947,
Kashmiri People was observed in 12
1965 and 1971.
different districts of Punjab including 21. Invite central rehabilitation
Mansa, Sangroor, Bathinda, committee for scrutiny of 113 files on
Chandigarh , Rajkot (Ludhiana), Nangal Non-Camp 1971 DPs.
(Ropar), Rahon, Mukandpur (Navan 22. Construction of community
Shehar), Tarntarn, Gurdaspur, Ajnala, centres for families of DPs on Non-
Raiya (Amritsar), Mahetpur (Jalandhar), Camp 1971 and 1965 at Akhnoor, R.S.
and Mukerian (Hoshiarpur). Main Pura and Jammu
23. Restore 24 Assembly seats
speakers at different places were
and reserve half of these seats of the
Rajwinder Rana, Sukhdarshan Natt, DPs of 1947, 1965 and 1971 who
Kanwaljeet, Harbhagwan Bhikhi, Iqbal migrated from POK to Jammu division,
Kaur Udasi, Harmeet Smagh (of CPIML- for their Political empowerment.
Liberation) and Mangat Ram Pasla, 24. Implement ‘Wadhwa
Harkanwal Singh, Raghveer Singh, Committee’ report of November 2007.
Gurnam Dawood, and Rathan Singh 25. Grant Permanent,
Randhawa (of CPM-Punjab) and others. Comprehensive, financial,
In Assam, the effigy of Chidambaram educational, Social, Employment and
Political package to the DPs of POK of
was burnt in several parts of the State.
1947, 1965, 1971 (Camp and Non-
In Pune, a public meeting was Camp).
organised by Lal Nishan Party Captain Yudhvir Singh and
(Leninist) which saw enthusiastic Rachpal Singh
participation of workers, students and President and General Secretary,
intellectuals. Among others Com. BJ respectively of J&K POK Refugee
Kerkar of Lal Nishan Party (Leninist) Front-1947, 1965, 1971
spoke at the meeting. In Mumbai, CPI (The Front alone is responsible for
its views)
(ML) and Lal Nishan Party held a public
meeting at Dadar and have planned to
hold a dharna for Kashmir at Churchgate ll
on 25 August.
(M L Update, CPI(ML)
Weekly, 24-30 August) SIMMERING
VOLCANO
ll A Study of Jammu’s
Relations with Kashmir
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J&K HUMAN RIGHTS Perspective
 July-August, 2010
Problems and demands of displaced persons from
PoK-1947, 1965, 1971 (Camp and Non Camp)
Summary of Demands submitted to
the CM
1. Enlist left out families of 1947,
1965 and 1971 immediately
2. Grant adequate
compensation to each family uprooted
from POK in 1947, 1965 and 1971
wars against their loss of movable
and immovable property.
3. Make up deficiency of
agricultural land allotted to the rural
displaced persons in 1947, 1965, 1971
as per cabinet Order No. 578C of 1954
(without any disparity between camp
and non-camp DPs)
4. Pay compensation against
Land Deficiency at Prevailing market
Rates to all DP families of 1947, 1965,
1971 (Camp and Non-Camp)
Simultaneously payment of
compensation against land deficiency
presently being made to the camp DPs
of 1947 @ Rs. 30000/- per kanal and
up to maximum amount of Rs. 1.5 lakh
is meagre, arbitrary and unacceptable,
poor DP families of 1947 with huge
land deficiency are being trapped. This
arbitrary formulae being applied by
the Govt is not going to solve the
Refugee problem.
5. Conferment of Tenancy
occupancy Rights to POK DPs of 1965
and 1971 (Camp and Non-Camp) on
Evacuee land and houses as per
sections 3A or Agrarian Reforms Act of
1976.
6. Re-habilitate 1965 families
on Non-Camp DPs of 1971 from
Chhamb. They were registered by the
govt and sanctioned ex-gratia relief @
Rs. 25000/- to each family for not
staying in the camps. Neither
agricultural land her been allotted to
these families nor any rehabilitant
package has been provided to them
even after ten years of their registration
with the govt on the pattern of 1947,
1965 and 1971 camp POK DP families.
(b) Enlisting and registration of 1500
left out Non-Camp families of Chhamb
Niabat uprooted in 1971 Indo-Pak war.
Their properties have been gifted away
to Pakistan under Shimla Agreement
of 1972 between India and Pakistan.
7. Grant of Monthly stipend to
landless Non-Camp DPs of 1947, 1965
and 1971 till they are fully re-habilitated.
8. Grant of 8 marla land for
EIGHT
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.
These families living along the IB have
construction of houses to Non-Camp
minimum facilities of educational
landless DPs of 1947 and 1971.
institutions and cannot compete with
9. Special Financial package for
general category students of Jammu
Chhamb DPs of 1965 and 1971. The
or major cities of Jammu region. They
DPs of 1965 Chhamb were uprooted
may be granted reservation in Jobs/
twice in 1947 and 1965 Indo-Pak wars
employment under ALC/LOC category
and the DPs of 1971 Chhamb were
to protect their future prospects.
uprooted thrice in 1947, 1965 and 1971.
13. Reservation to the children in
They lost their properties and family
admission in Private/Govt. technical
members in these wars. They deserve
and medical institutes of states of
Special Financial Educational and
Maharashtra, Andhra, Karnataka. The
Employment Package against their
children of Kashmiri Migrants are
repeated sufferings.
getting the benefits of reservation in
10. Initiation of Process of
admission in govt and private institutes
Disbursement of Relief package
of the above states. The same benefits
sanctioned by the Central Govt. in
may be extended to the displaced
August 2000 for Non-Camp DPs of
families from POK during 1947, 1965
1947. The government of India
and 1971.
conveyed its approval of the grant of
14. Employment package to the
relief/assistance @ Rs. 25000/- DP
children of 1947, 1965, 1971. These
families of 1947 Indo-Pak war on the
families suffered extensively because
following scale.
of repeated displacement from POK.
i) Ex-Gratia payment at the rate
They lost their professions, educational
of Rs. 25000/- for those families who
facilities, home and hearth and Social
were held in Pak captivity between
Status. Majority of these families have
September 1947 and December 1950.
been made to settle on LOC and IB with
ii) Payment of Ex-Gratia relief @
bare chances of employment. Their
Rs. 25000/- per family to the displaced
children remained illiterate and poor.
families who did not stayed in Camps.
The front appeals to the government to
iii) Payment of Ex-gratia relief @
provide employment package for their
Rs. 25000/- per family to those persons
livelihood.
in whose cases the Head of family did
15. Backward class status. POK
not move along with family.
DPs may be granted backward class
Thousands of Non-Camp DPs of
status as they are educationally
1947 have not been paid the above
socially, economically the most
relief. Thousands of families were held
backward in the State, hence they be
in PAK captivity and many families
granted backward class status for their
moved without head member of
upliftment.
families. The State government has
16. Enhancement of Ex-gratia
not initiated the process of
Relief/assistance being disbursed to
disbursement of the relief even through
the Non-Camp DP of 1971 from Rs.
10 years have elapsed after the Central
25000/- per family to Rs. 1.5 lakh due to
Government sanction in August 2000.
depreciated value of rupee and high
11. DPs of 1965 Indo-Pak war
inflation ‘Wadhwa Committee’
Chhamb sector numbering more than
constituted by the government has
16000 families were made to settle
made positive recommendations in
temporarily along the International
favour of enhancement of the above
Border facing hostile Pakistan. These
relief/assistance.
families were allotted agricultural land
17. Allot 8 marla land at safer
far below the scale of 578C of 1954.
places for the families living in flood
Most of the allotted land is no-man
prone areas of Chenab and Tawi rivers.
land. No Tenancy rights/ownership
18. Accelerate process of
rights have been conferred upon them
disbursement of ex-gratia relief/
and they are not being paid
assistance sanctioned by the Central
compensation of any sorts.
govt in August 2000. for DPs of non-
12. Issuance ALC certificate to the
children of DPs who have settled along
(Contd. on page 7)
the International border with Pakistan.
J&K HUMAN RIGHTS Perspective