People’s Union for Democratic Rights

A civil liberties and democratic rights organisation based in Delhi, India

This report is the outcome of a fact-finding conducted by an eleven member team of human rights activists from five civil, democratic and human rights organisations across the country during May 2001 in the troubled parts of Jammu and Kashmir. By visiting many villages and speaking to citizens, state personnel and others it conducted an investigation into nine specific incidents of human rights violations in the state. The report begins by recounting the historical and political background behind the Kashmir issue, the rise of militancy and state terror till the declaration of ceasefire in November 2000 which existed for a period of one year.

After this, the second part describes the recurring human rights violations by the state in migrant camps and other places in gross violation of people’s right to demonstrate peacefully, as ‘vengeance’ killings to avenge the death of police or army personnel, and by using civilians as ‘human shields’ to protect themselves from militant attacks. It also focuses on the cases of rape and molestation of women by police or armed forces, custodial torture and killings, and fake encounters, all of which constitute a grotesque mockery of the state’s democratic claims. Attention is also drawn to the use of extra-constitutional measures to deal with militancy such as the offer of material and moral incentives and rewards for killing militants and using surrendered militants as a paralegal force. Both these measures have however worsened public life as innocent civilians frequently get targeted, thus making these groups a most dreaded presence. These and other daily instances of harassment and conflict are recounted which bring to light the daily horrors that are borne by people. The voices of students whose lives and careers are at stake and of women who are always the worst victims of conflict find special space in the report.

In the third part, the report describes popular perceptions regarding the political processes such as elections, the Azadi movement and other questions of representation and people’s hopes about the future. It then concludes by identifying the impunity enjoyed by state armed forces as the central issue and argues that unless a complete end is put to such gross violations of human rights, a truly lasting and humane political resolution of the ‘Kashmir problem’ can never e achieved. It is indisputable that only such a situation could halt militancy and pave the way for a truly democratic and peaceful life for the Kashmiri people.

To download the report please click below
Grim-Realities-JK.pdf

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