Professor Zafar Khan, Head of the Diplomatic Department of JKLF and a prominent leader of the Kashmiri global diaspora asserts that Kashmiris face systematic denial of both collective and individual rights by India. He criticizes India’s political, judicial, and security establishments for fostering an atmosphere of fear and impunity in Jammu Kashmir. Khan points to numerous civilian deaths and politically motivated trials of Kashmiri leaders as evidence of India’s disregard for domestic and international law. He particularly highlights the trial of Yasin Malik, stating that justice for Kashmiris has become a luxury rather than a basic right since the annexation of Jammu Kashmir.
Human Rights Watch’s World Report 2023 on India documents ongoing allegations of torture and extrajudicial killings. The report notes significant numbers of deaths in police and judicial custody, along with instances of alleged extrajudicial killings. Similarly, Amnesty International highlights widespread torture and ill-treatment of detainees in police custody, criticizing laws such as the Public Safety Act (PSA) as enabling impunity for abuses. These practices, condemned by various international organizations, are seen as violating the International Covenant on Civil and Political Rights (ICCPR).
Dr. Farhan Mujahid Chak, a respected Canadian-Kashmiri scholar, characterizes the justice system in Jammu and Kashmir as artificial and illegitimate. He argues that the laws enforced in the region serve to perpetuate India’s control rather than uphold justice or protect the powerless. Chak contends that these laws operate to maintain India’s illegal dominance over Kashmiri society, echoing concerns raised by international bodies such as the United Nations Human Rights Council and Amnesty International.
Human Rights Violations in IIOJK
Reports from the Office of the UN High Commissioner for Human Rights and other sources detail the adverse impact of special laws such as the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA) and the Public Safety Act (PSA) on accountability and victims’ rights. These laws grant broad powers to security forces, including immunity from prosecution in civilian courts, exacerbating impunity for human rights violations. The militarized environment in Jammu and Kashmir, coupled with judicial reluctance to confront the executive, further undermines accountability and perpetuates a state of impunity.
The United States Department of State Country Report 2022 highlights the draconian provisions of the Public Safety Act (PSA), which permit prolonged detention without charge or judicial review. The report also documents instances of police brutality, custodial deaths, and abuse of detainees, including reports of torture and rape. Despite international condemnation and calls for reform, India has maintained these laws and practices, resulting in continued human rights abuses in Kashmir.
Advocate Jalil Andrabi criticizes India’s refusal to repeal laws granting arbitrary powers to armed forces, which he argues threaten the existence of Kashmiri people. Despite calls from various international bodies and human rights organizations, India has persistently ignored indictments and appeals to withdraw these laws. Andrabi contends that India’s policies in Kashmir, marked by arbitrary arrests, torture, and extrajudicial killings, aim to suppress Kashmiri’s aspirations for self-determination.
The challenges of addressing human rights abuses in Kashmir are compounded by India’s obstruction of international scrutiny and investigation. India’s refusal to allow access to non-governmental organizations and UN rapporteurs impedes efforts to hold perpetrators accountable and protect victims’ rights. Recommendations from the UN Human Rights Council and UNHCHR for independent international investigations into human rights violations in Kashmir have been met with resistance from India.
The systematic repression and colonization policies implemented by India in Kashmir deprive its people of their fundamental human rights, including the right to self-determination. Urgent international action, guided by the principles of the UN Charter and relevant agreements between India and Pakistan, is necessary to address these violations and restore justice to the people of Kashmir.
