In solidarity, K M Venugopalan (Kerala) On Fri, Jul 9, 2010 at 6:52 PM, ram puniyani <[email protected]> wrote: > 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, > > > > 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 > > > > > > -- > You received this message because you are subscribed to the Google Groups > "humanrights movement" group. > To post to this group, send email to [email protected]. > To unsubscribe from this group, send email to > [email protected]. > For more options, visit this group at > http://groups.google.com/group/humanrights-movement?hl=en. >
-- You cannot build anything on the foundations of caste. You cannot build up a nation, you cannot build up a morality. Anything that you will build on the foundations of caste will crack and will never be a whole. -AMBEDKAR http://venukm.blogspot.com http://www.shelfari.com/kmvenuannur http://kmvenuannur.livejournal.com -- You received this message because you are subscribed to the Google Groups "humanrights movement" group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at http://groups.google.com/group/humanrights-movement?hl=en.
