AI report on Held Kashmir
Dr Raja Muhammad Khan


Under the title, “Still a ‘Lawless Law’ Detention under the Jammu and Kashmir Public Safety Act, 1978” Amnesty International (AI), has published its annual report in September 2012. The report of the AI is based on ground realities and the facts, established after the members of its team physically visited the Indian Occupied State of Jammu and Kashmir.

Since last few years, IA is regularly publishing its reports on Kashmir besides other areas where there are violations of the human rights. In the recently established fact finding report, IA has focused on Jammu and Kashmir Public Safety Act (PSA), 1978. This cruel law allows for administrative detention of up to two years “in the case of persons acting in any manner prejudicial to the security of the State,” and for administrative detention of up to one year where “any person is acting in any manner prejudicial to the maintenance of public order”.

The findings of the report are that there is no improvement as far as the human rights violation in IHK is concerned. It says, that, there are “Several provisions in the PSA facilitate arbitrary detention, in violation of India’s obligations under the ICCPR.” The report further deliberate that, “Amnesty International’s subsequent research in 2012 has also found that the manner in which authorities use the PSA in J&K results in further human rights violations.”

Regarding the techniques of the human rights violations, the IA says, that, there is an unlawful deprivations of liberty through the practice of ‘revolving door detentions ‘in IHK. Then there is a detention of children, torture and other ill treatment, the denial of medical care while in detention, and a limited realization of the right to reparations. Besides, “instead of charging and trying persons suspected of committing offences in a fair trial in a court of law, the J&K authorities continue to circumvent the rule of law and the criminal justice system by resorting to detentions under the PSA.”With such inhuman laws and practices by Indian State machinery and especially its armed forces, how can one expect normalcy in the State of Jammu and Kashmir. Therefore, IA conclude that there is no change in conditions of human rights in IHK. Whereas, Indian human rights violations and discrimination against Kashmiris is a fact, as highlighted by neutral organizations like Immensity International, the real question is why the civilized international society and the world body, the United Nations Organization is silent over all these.

After all India has to be pressurized to stop its state sponsored terrorism over the innocent Kashmiri masses. Mr A.G Noorani, a well-known Indian writer and scholar has questioned the UN, as when did this world body, “last discuss the Kashmir question? The ceasefire resolution of Sept 20, 1965, which ended the war, asked the UN secretary general “to seek a peaceful solution and to report to the Security Council thereon”. He made no such effort and none asked him why he did not. Nothing has happened since.” Surely, the decision making part of the UN is UNSC, having five permanent members. Unfortunately, they all have their stakes and India has been able to diplomatically engage all in the one way or the other.

With international community remaining silent and UN as a helpless organization, what is the option? Apparently, the only ray of hope for the people of Kashmir, is the bilateralism? Unfortunately, on the bilateral front too, there have been no very encouraging indicators. In their sixty-five years’ history, both India and Pakistan could not bridge the trust deficit gap between both, the first step needed for such an approach of problem solving. Over the years, India has developed economically and became strategic ally of US, the contemporary super power, while maintain its significant linkages with the former super power, Russia. Thus, it is in a better position internationally as well as regionally as a hegemonic power to continue its inflexible approach towards the solution of Kashmir issue.

Here comes the role of civil society of Pakistan and India to compel those having rigidity to show the needed flexibility for a regional peace in the world poorest region, the South Asia. The route to the peace in South Asia is through Kashmir, which kept hostage the entire region for over sixty-five years. Kashmiri Diaspora has to be mobilized to play its part towards international consciousness campaign about Indian human rights violation in IHK and its unlawful occupation of the State ever since 1947.