Opinion Editorials, July 2010

Al-Jazeerah, CCUN, July 12, 2010

New Delhi, India  To,   National Human Rights Commission, National Commission for the Protection of Children, Office of the Chief Justice of India, Ministry of Home Affairs, Chief Minsiter of J & K, Planning Commission,                  Dear Sir,                       We, the undersigned, as a vigilant group of citizens submit our concerns regarding the prevailing situation in Jammu and Kashmir and urge your immediate assistance in ensuring that the Government of India and the state government take immediate action to prevent further loss of life and property and initiate an impartial investigation into the recent killings in the region.        The political situation in Jammu and Kashmir has worsened over the last few weeks, which has in turn strengthened the existing culture of impunity in the region. The current crisis also has serious humanitarian consequences.         On June 29, 2010 at least three persons were killed in indiscriminate firing and excessive use of force by the police in Anantnag district of the Kashmir Valley. Four persons were killed in firing on 5-6 July, 2010. It is estimated that more than 15 civilians have been killed and several others injured in the unprecedented use of force by the J & K police and paramilitary, especially the Central Reserve Police Force (CRPF) in a span of two-three weeks. Several of those killed were children: Tufail Matoo (17), Javid Ahmad Malla (18), Shakeel Ahmad Ganai (14), Firdous Ahmed Kakroo (17), Asif Hasan Rather (9), Ishtiyaq Ahmad Khanday (15 from Anantnag), Imtiyaz Ahmad Itoo (17, from Anantnag), Muzaffar Ahmad Bhat (17), and Abrar Ahmad (17). Several protest marches organized across the Valley in response to the killings were met with indiscriminate firing by the security forces deployed in the region. We condemn the recent killings of children in Kashmir.         Over the past few days, the response by the security forces has been such that, on available accounts, even ambulances have not been spared. Media reports state that at three places, including at Safakadal and at Sangam on the Srinagar- Jammu highway, the CRPF fired on ambulances. Moreover, due to the imposition of curfew in the Valley, paramedics have been unable to reach hospitals as a result of which the existing hospital staff have been working over 36 hour shifts to tend to the injured. Even journalists with valid curfew passes have also been attacked. On June 28, 2010 a group of journalists belonging to local and national media organizations were attacked by the CRPF in the Qamarwari area of Srinagar.               Yet again, the recent events highlight the impunity with which the security forces in the region continue to operate. One of the emblematic cases that highlight the legal impunity is that of the enforced disappearance and murder of noted human rights activist, Jalil Andrabi by the Rashtriya Rifle, an army unit deployed in the Valley. In March 1996, Andrabi was illegally detained by security force personnel while returning from work. Three weeks later his mutilated body was found on the banks of the River Jhelum. International and national pressure culminated in the filing of a charge sheet by the police against the five accused in the Sessions Court, Budgam. However, the main accused in the Andrabi murder, Major Avatar Singh remains free to this day. The case of Jalil Andrabi is merely one example of the ongoing human rights violations. Many local and international human rights organizations, including Human Rights Watch, Amnesty International and Physicians for Human Rights have documented the systematic violations of human rights by state and non-state actors and the entrenched culture of impunity.         The promulgation of special laws in the state of Jammu and Kashmir provides legal immunity to the armed forces. Under the Armed Forces Special (Jammu and Kashmir) Special Powers Act, 1990, armed forces personnel of the rank of a commissioned officer, warrant officer, non commissioned officer or of an equivalent rank have been granted extraordinary powers such as the authority to shoot and kill suspected lawbreakers. Further, the Act in requiring prior sanction for prosecution acts as shield for impunity for the non-prosecution of security force personnel involved in egregious human rights violations, including enforced disappearances and torture. Thus far, sanction for prosecution has been granted only in a handful of cases, and perpetrators remain free. Therefore, in the least the procedure for granting sanction for prosecution should be at least be made more expeditious, effective, and equitable.         In this context it is even more necessary to seek accountability of the actions of the security forces in the region. Under applicable national and international law, the killing of children and attacks against hospital and medical infrastructure is strictly prohibited.         In fact, in its Eleventh Plan, the Planning Commission of India outlined special measures for women in from conflict zones within India, which would imply that there are conflict zones within India. The ongoing situation so far mentioned is in contravention of International law, humanitarian law as well as fundamental guarantees provided by the Indian Constitution, including the right to life (Article 21). As concerns the former, we seek to bring to you attention principles enshrined in Common Article 3 of the Geneva Conventions; the International Covenants for Civil and Political Rights, 1976, and the Additional Protocols thereto; the Convention of the Rights of the Child, 1990 and its Optional Protocol; and the UN Security Council Resolution 1882 (2009) on the protection of children.        Regarding constitutional and national laws and adjudicatory policies, we may here refer to the following:         * The guidelines prescribed by the National Human Rights Commission (NHRC) on police action (of 12 May 2010) and in the police manual should be respected        * The Supreme Court decisions in D.K. Basu v. State of West Bengal (AIR 1997 SC 610)   and Rajesh Gulate v. Government of Delhi (SCC 7 2002 129)        *The Supreme Court of India guidelines to check arbitrary police action and ensure punishment of perpetrators.   Given the use of unprecedented force, we urge that the security forces exercise restraint and refrain from firing at unarmed protestors. The Central and state governments must ensure that arbitrary and disproportionate use of force against civilians ends immediately and an impartial investigation is initiated into the killing of civilians. We urge the Government of India and the Chief Minister of Jammu and Kashmir, Shri Omar Abdullah to take immediate steps to:  Put an immediate end to the violence perpetrated by the security forces Prevent attacks against civilian infrastructure, including hospitals and ambulances Ensure that the security forces respect the principle of proportionality while responding to civilian protests Initiate an independent and impartial investigation into the killings of peaceful protestors, several of whom were children Initiate an inquiry into instances of attacks on ambulance services Ensure that  inquiries are conducted in a time bound manner and the report is made public Initiate legal and punitive action against persons who are found responsible for the killings of civilians Establish an independent inquiry commission to investigate the allegations of serious human rights violations, including enforced disappearances, killings, torture, rape and sexual violence in the region Invite and permit the relevant UN Rapporteurs, UN Special Representatives and members of the UN Working Group on Enforced Disappearance to investigate the allegations of human rights abuses in the region Initiate a general debate involving members of the Kashmiri civil society and others on impunity and AFSPA, and possible mechanisms to respond to the prevailing impunity Constitutionally Yours,  List of signatories  Professor Upendra Baxi, Emeritus Professor of Law, University of Delhi Dr Mallika V. Sarabhhai Mrinalini V. Sarabhai Navsharan Singh Bhagat Oinam, Jawahar Lal Nehru University Alternative Law Forum The Patna Collective Uma Chakravarti, Historian Anuradha Bhasin, Kashmir Times Prabodh Jamwal, Kashmir Times Laxmi Murthy, Consulting Editor, Himal SouthAsia Sahba Hussain Shahrukh Alam Trideep Pais, Advocate Tenzing Choesang, Advocate Tahseen Alam Anouhita Majumdar, Senior Journalist Anant Nath, The Caravan Vasuman Khandelwal, Advocate Bipin Aspatwar, Advocate Shabnam Hashmi, Anhad Ashok Agrwaal, Advocate Prof. Sitaram Kakarala, CSCS Ved Bhasin, Chairman Kashmir Times group of publications Rajeev Dhavan Kanak Mani Dixit, Himal South Asia Professor Sushil Khanna, Indian Institute of Management, Kolkata Rajashri Dasgupta, Journalist Ram Puniyani, All India Secular Forum Jashodhara Dasgupta, SAHAYOG, Lucknow Warisha Farasat, Advocate Jyoti Punwani, Journalist, Mumbai K. Lalitha, Researcher, Hyderabad Nitya Vasudevan, Research Scholar Randhir Singh, Professor (retd.), Delhi University Priyaleen Singh Abid Mir Areet Kaur Anand Bala Shahla Raza Hafeez Khan Paray Hilal Dr. Pritam Singh Dr. Meena Dhandha, Philospher Dinesh Sharma, Bangalore Dr Atul Sood, Jawaharlal University Gursharan Singh, Convenor against Democratic Front Against Operation Green Hunt Chakraverti Mahajan, Doctoral Student, Punjab University Kavita Pai Sheba George, Sahrwaru Prof. Ranabir Samaddar, Director,  Mahanirban Calcutta Research Group .Rita Manchanda, Safhr Zakia Jowher, Action Aid Roop Rekha Verma Pushkar Raj, General Secretary PUCL Binu Mathews,Editor, Counter Currents Indian Social Action Forum (INSAF) Dr. Kaveri Rajaraman Partho Sarathi Ray, Sanhati Pyare Shivpuri Humra Quraishi, Freelance columnist Haley Duschinski, Assistant Professor of Anthropology, Department of Sociology and Anthropology, Ohio University Sahana Basavapatna, Advocate Sukla Sen, EKTA (Committee for Communal Amity), Mumbai Zainab Bawa, Ph.D. student and independent researcher Chetna Kaul, filmmaker Manish Kumar Tipu, music composer Javed Naqi, Senior Research Fellow, Jawaharlal Nehru University, New Delhi PUCL (Andhra Pradesh) Harsh Kapoor, South Asia Citizens Web Naga People's Movement for Human Rights (NPMHR) Badri Raina Manasi Pingle, Filmmaker Pushpa Achanta (Independent writer, Bangalore) Navaid Hamid, Member National Integration Council Aamir Bashir, Actor and film-maker Dipti Gupta, Professor, Media Studies. Santanu Chakraborty (Student - Christ University)  Madhuri, Jagrit Adivasi Dalit Sangathan, Madhya Pradesh Rosemary Dzuvichu, Nagaland University,Kohima Vidyarthi Yuvjan Sabha Uma V Chandru, Peace and Human Rights Activist, Bangalore Advocate Narjees, Human Rights Law Network, Kashmir unit AIPWA Shoma, CAVOW Geeta Charusivam, Social Activist Tamil Nadu Arati Chokshi, Member – PUCL (Bangalore- Karnataka) Dr Ritu Dewan, Professor, University of Mumbai Dr Lena Ganesh, Mumbai Pooja Sharma, cinematographer Sajid Iqbal Khandey Vrijendra Sundera Babu Aamer Trambu, Reporter, Press TV Iran Saamer Mansoor, Student, University of Texas, Dallas Nashwa Mansoor, Student of Medicine, Sangli Dr Ben Rogaly, University Lecturer, UK Meher Engineer, Teachers & Scientists Against Maldevelopment Asish Gupta, Journalist, New Delhi Ashok Choudhary, National Forum of Forest People and Forest Workers (NFFPFW) Madhu Bhaduri, Ambassador of India (Retd) Bipin Kumar, AHUTTI, Patna Women Against Militarization and State Violence The Other Media Subir Banerjee, Distinguished Professor Emeritus, University of Minnesota Ram Bhat, Maraa, Bangalore J. Devika, Associate Professor, CDS, Trivandrum, Kerala  Priya Jain Jawed Naqvi, journalist

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