Police detain a demonstrator as he shouts slogans during a protest. – File photo by Reuters

Police detain a demonstrator as he shouts slogans during a protest. – File photo by Reuters

SRINAGAR: India and its courts have prevented fair investigations and prosecutions of security officials accused of human rights violations in Kashmir, ignoring its own laws in the restive Himalayan region, two rights groups said on Thursday.    

The report by two local groups names, for the first time, specific paramilitary soldiers and police suspected of crimes, which include rape, murder and kidnapping.

Despite the evidence contained in government documents, India has not shown “any institutional or political will” to prosecute those responsible, the groups said.

The government would not comment. “We will have first to go through the contents of the report and then we will respond,” Ali Mohammed Sagar, the law minister of Indian-held Kashmir, told The Associated Press.

The report dismissed India’s past claims that acts of brutality by security personnel were aberrations.

“Volumes of evidence exist of crimes committed by specific perpetrators, assisted by a system where impunity is available right from the commission of the crime to the ultimate cover-up,” the report said.

Under emergency laws in Kashmir, government forces can shoot suspects on sight and federal approval is needed for local authorities to prosecute any soldier posted in Kashmir.

Not a single approval has been granted since India began facing a bloody, armed rebellion for the region’s independence or merger with Pakistan in 1989. The uprising and subsequent Indian crackdown have killed 68,000 people.

In recent years, the armed conflict has largely subsided, with public opposition to Indian rule now seen mostly in street protests, where government forces and rock throwing youths regularly face off.

Nevertheless, emergency laws remain in force, and hundreds of thousands of Indian soldiers are stationed in the region, maintaining checkpoints throughout Indian-controlled territory.

Pakistan and China also control portions of Kashmir.

The report examined 124 killings, 65 disappearances, 59 cases of torture and nine rapes allegedly committed by government forces from 1990 to 2011.

It said the Indian judiciary has effectively condoned human rights violations, sometimes by offering compensation to close complaints and sometimes by not pursuing cases due to the emergency laws in place in Kashmir. It called monetary compensation at best a “weak palliative measure, and at worst a bribe to buy the silence of the victims.”

The report was compiled by the Association of Parents of Disappeared Persons and the International People’s Tribunal on Human Rights and Justice in Indian-administered Kashmir, or IPTK. They based it mostly on government documents and information acquired through dozens of demands under India’s Right to Information laws.

Kartik Murukutla, a human rights lawyer and one of the authors of the report, said India’s top priority in Kashmir has been keeping control over the territory – not pursuing justice.

“Our study shows that, first, police investigations into most of the cases have been conducted in farcical ways to shield the perpetrators,” said Murukutla.

“Then lower courts as well as (India’s) apex court have remained subservient to the state and played part in the larger cover-up.”

The 469 individual suspects named in the report include two army major generals, three brigadiers, a recently retired director general of police and a serving inspector general.

The accusations include: an army major, two senior police officers and four policemen jointly blamed for killing 19 members of three families, including eight children, in 1998; an army captain and a police officer accused of raping a mother and her daughter in 2000; and two army officers blamed for torturing to death three people in custody in 2000.

The groups justified naming the officials as a way to remove “the veil of anonymity and secrecy that has sustained impunity” in Kashmir.

“Only when the specificity of each act of violation is uncovered can institutions be stopped from providing the violators a cover of impunity,” the report said.


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Comments (22)

Haider
December 9, 2012 2:41 pm
'where there is terrorism and violence army has to step up '. India needs to think, why is there a violent reaction against Indian rule in the first place? It is because of the forcible subjugation of their land and denial of their right of self determination that the Kashmiris have risen up against Indian rule time and again. Address the root causes of their grievance first. Strong arm military tactics can ensure hold over the territory, but will not solve the problem.
Neo
December 7, 2012 2:19 pm
Will not question dawn here for printing the blog, however i am sure even they would want to cache on the general sentiments around the subject ;) which is again allrite.... and FYI dawn is still one of the renowned papers in asia( and this is coming from the indian side ) now on the underlying subject, remember one thing guys, anything said or written from across the border about kashmir will and can't be taken at face value by us. Its always have and will be very close to our hearts and will remain... there are things which you guys conveniently ignore( the cross border patronage, constant inflow of militants from across border, state sponsored terrorism) as the main cause of the distress in the valley.... had india being israel in its attitude in dealing with pakistan, i am sure there would have been a lot more peace by now in the valley... and you will agree ;) its the indian patience that has been put to test...
Sam
December 7, 2012 2:03 pm
you got to be kiddin me..seriously dude, how conveniently you forgot the plight of muhajirs and the bloodshed everyday on karachi, peshawar and quetta streets.. how do you even justify saying that.. not to question your wisdom on the overal subject but think before you speak or write... will help building you as a good being.
krishnan
December 7, 2012 8:56 am
I agree.However it is wrong to accuse Dawn for publishing an AP report.
amit
December 7, 2012 6:35 am
gud article.
amit
December 7, 2012 6:28 am
it is vicious cycle..where there is terrorism and violence army has to step up and have to harsh to maintain discipline. Where there is army the laws are not that tighten and they get extra authority which sometimes is misused by few people (here we need to fix problem without compromising any leverage to terrorist and violence). These cases need to be addressed by the J&K Govt without compromising on issues like terrorist as Army is there to create and maintain peace. As far as Dawn is concerned I think they also give news of violence and human rights problem in Pakistan and criticize their govt as well...so do not want to drag media into it. And as far as Pakistan is concerned they should look to save their own country for good reason best known to everone now...
Pahalwan
December 6, 2012 10:40 pm
Just because Pakistan is a mess and its citizens live in denial, doesn't mean the indians needs to do the same.
skeptic
December 6, 2012 6:17 pm
Sad but true.
Kumar Shreyas
December 6, 2012 5:35 pm
In my view that high ratio of army to civilian is the real cause of conflict. Be it Kashmir or Baluchistan or for that mater places in Assam or the entire Afghanistan. If we flood Islamabad or Delhi or be it Washington DC with army battalions, the interaction of civilian society with army personnel will give rise to conflicts. A civilian society needs freedom and discipline runs in the blood of army and its hard for both to co exist.
avtar
December 6, 2012 4:48 pm
but we have to see this that all this happend since "indipendence"movement started there,before that there everyone lived peacefully there. help can send to shri lanka to eleminate tamil tigers "freedom fight" but if india tries to do it,it is a "foul"
Haider
December 6, 2012 3:51 pm
'India’s top priority in Kashmir has been keeping control over the territory – not pursuing justice.' Sums it up accurately. Right from the beginning, India was interested in the land, not the people of Kashmir. I think Sheikh Abdullah made a historic blunder by siding with Nehru in 1947-8. 65 years on, the Kashmiris are still paying the price. Pakistan has its own set of problems, but the Kashmiris would have been in much better condition here. At least they wouldn't have to face the bloodshed, violence and atrocities that they had to face at the hands of the 'democratic' state of India.
Neo
December 6, 2012 2:48 pm
yes thats true, whos denying it.. may be what has been blogged in this column is true even, but who knows.. has the authenticity of the groups being verified ? or even the information they have which dawn published in this blog ?? dawn as a mirror of truth will try to put this in front of the world, which is remarkable, however one would argue if both sides of the picture had got fair attention.... nobody's denying some section of armed forces being responsible however there should be fair comparison and pointing fingers on the role from other side of the border too... don't see a reason army being held there if for no cross border patronage.. moreover, these rights groups are many a time non authorized, flimsy and pawns in the hands of people who are against the indian rule, they will only portray one side of the picture, conveniently ignoring the crimes committed by militants and terrorists..
Human
December 6, 2012 2:04 pm
What is a fact is a fact... India need to set its house on order sooner rather than later. Ofcourse kashmiris like palestine can't expect anything from Pakistan to get this resolved as it struggles daily with its own survival mess & prevailing cancer of hatred inside its own boundaries.
Walli Khan Wazir
December 6, 2012 1:51 pm
yeah all of a sudden DAWN won't be the best newspaper of the "region". You are right, here they come starting with Raika45..:)
Ahmed Saeed
December 6, 2012 12:35 pm
One cannot disagree.
Atif
December 6, 2012 12:08 pm
Yes it is best newspaper! but only when it criticizes Pakistan and/or praises India. Otherwise not.
citizen
December 6, 2012 11:13 am
its an AP report not a dawn column and the fact that worse things are happening in Pakistan in no way belittles atrocities happening elsewhere and that it is wrong on part of dawn to publish such reports.. most of the times i see indian commentators praising dawn for being very critical of Pakistan govt and its policies. but suddenly it becomes a problem when something is mentioned against India.
Amit
December 6, 2012 11:11 am
Let us not compare our case to the situation in Pakistan. What is really needed for us is to do some introspection and hope such hings are not repeated. For the atrocities listed above, I hope a public interest litigation will be filed by someone in the apex court in India with the specific names of the victims and accused. This will also help in shaming the guilty soldiers. The general public conscience is always on the side of the victims, unlike what we see in Pakistan.
Rahul
December 6, 2012 11:03 am
Yes, it is. However, some times people find it difficult to accept the truth which is bitter at times.
Saad
December 6, 2012 10:28 am
I have read many times that indian say Dawn is the best newspaper in Pakistan!!!!!!!
Jehanzeb Idrees
December 6, 2012 9:41 am
Brace yourself for the Indo-backlash ... and here it comes! :)
raika45
December 6, 2012 9:28 am
Dawn editors must have printed is column with some trepidation considering the fact that worse things are occurring in your own country. Like the missing people in Baluchistan blamed on your law enforcement officers, the daily unsolved murders in Karachi and your religious murderous onslaughts elsewhere.