Citizens Appeal on Kashmir (9 July, 2010) 9 July, 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 takes 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,
1. Professor Upendra Baxi, Emeritus Professor of Law, University of Delhi
2. Dr Mallika V. Sarabhhai
3. Mrinalini V. Sarabhai
4. Navsharan Singh
5. Bhagat Oinam, Jawahar Lal Nehru University
6. Alternative Law Forum
7. The Patna Collective
8. Uma Chakravarti, Historian
9. Anuradha Bhasin, Kashmir Times
10. Prabodh Jamwal, Kashmir Times
11. Laxmi Murthy, Consulting Editor, Himal SouthAsia
12. Sahba Hussain
13. Shahrukh Alam
14. Trideep Pais, Advocate
15. Tenzing Choesang, Advocate
16. Tahseen Alam
17. Anouhita Majumdar, Senior Journalist
18. Anant Nath, The Caravan
19. Vasuman Khandelwal, Advocate
20. Bipin Aspatwar, Advocate
21. Shabnam Hashmi, Anhad
22. Ashok Agrwaal, Advocate
23. Prof. Sitaram Kakarala, CSCS
24. Ved Bhasin, Chairman Kashmir Times group of publications
25. Rajeev Dhavan
26. Kanak Mani Dixit, Himal South Asia
27. Professor Sushil Khanna, Indian Institute of Management, Kolkata
28. Rajashri Dasgupta, Journalist
29. Ram Puniyani, All India Secular Forum
30. Jashodhara Dasgupta, SAHAYOG, Lucknow
31. Warisha Farasat, Advocate
32. Jyoti Punwani, Journalist, Mumbai
33. K. Lalitha, Researcher, Hyderabad
34. Nitya Vasudevan, Research Scholar
35. Randhir Singh, Professor (retd.), Delhi University
36. Priyaleen Singh
37. Abid Mir
38. Areet Kaur
39. Anand Bala
40. Shahla Raza
41. Hafeez Khan
42. Paray Hilal
43. Dr. Pritam Singh
44. Dr. Meena Dhandha, Philospher
45. Dinesh Sharma, Bangalore
46. Dr Atul Sood, Jawaharlal University
47. Gursharan Singh, Convenor against Democratic Front Against Operation
Green Hunt
48. Chakraverti Mahajan, Doctoral Student, Punjab University
49. Kavita Pai
50. Sheba George, Sahrwaru
51. Prof. Ranabir Samaddar, Director, Mahanirban Calcutta Research Group
52. Rita Manchanda, Safhr
53. Zakia Jowher, Action Aid
54. Roop Rekha Verma
55. Pushkar Raj, General Secretary PUCL
56. Binu Mathews,Editor, Counter Currents
57. Indian Social Action Forum (INSAF)
58. Dr. Kaveri Rajaraman
59. Partho Sarathi Ray, Sanhati
60. Pyare Shivpuri
61. Humra Quraishi, Freelance columnist
62. Haley Duschinski, Assistant Professor of Anthropology, Department of
Sociology and Anthropology, Ohio University
63. Sahana Basavapatna, Advocate
64. Sukla Sen, EKTA (Committee for Communal Amity), Mumbai
65. Zainab Bawa, Ph.D. student and independent researcher
66. Chetna Kaul, filmmaker
67. Manish Kumar Tipu, music composer
68. Javed Naqi, Senior Research Fellow, Jawaharlal Nehru University, New
Delhi
69. PUCL (Andhra Pradesh)
70. Harsh Kapoor, South Asia Citizens Web
71. Naga People’s Movement for Human Rights (NPMHR)
72. Badri Raina
73. Manasi Pingle, Filmmaker
74. Pushpa Achanta (Independent writer, Bangalore)
75. Navaid Hamid, Member National Integration Council
76. Aamir Bashir, Actor and film-maker
77. Dipti Gupta, Professor, Media Studies.
78. Santanu Chakraborty (Student - Christ University)
79. Madhuri, Jagrit Adivasi Dalit Sangathan, Madhya Pradesh
80. Rosemary Dzuvichu, Nagaland University,Kohima
81. Vidyarthi Yuvjan Sabha
82. Uma V Chandru, Peace and Human Rights Activist, Bangalore
83. Advocate Narjees, Human Rights Law Network, Kashmir unit
84. AIPWA
85. Shoma, CAVOW
86. Geeta Charusivam, Social Activist Tamil Nadu
87. Arati Chokshi, Member – PUCL (Bangalore- Karnataka)
88. Dr Ritu Dewan, Professor, University of Mumbai
89. Dr Lena Ganesh, Mumbai
90. Pooja Sharma, cinematographer
91. Sajid Iqbal Khandey
92. Vrijendra
93. Sundera Babu
94. Aamer Trambu, Reporter, Press TV Iran
95. Saamer Mansoor, Student, University of Texas, Dallas
96. Nashwa Mansoor, Student of Medicine, Sangli
97. Dr Ben Rogaly, University Lecturer, UK
98. Meher Engineer, Teachers & Scientists Against Maldevelopment
99. Asish Gupta, Journalist, New Delhi
100. Ashok Choudhary, National Forum of Forest People and Forest Workers
(NFFPFW)
101. Madhu Bhaduri, Ambassador of India (Retd)
102. Bipin Kumar, AHUTTI, Patna
103. Women Against Militarization and State Violence
104. The Other Media
105. Subir Banerjee, Distinguished Professor Emeritus, University of
Minnesota
106. Ram Bhat, Maraa, Bangalore
107. J. Devika, Associate Professor, CDS, Trivandrum, Kerala
108. Priya Jain
109. Jawed Naqvi, journalist
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