Is it possible to kill any civilian on the name of duty? Answer: Yes, it is possible and that too consistently. In J&K, under the cover of draconian laws, it’s an open reality. Since 1989, under indigenous democratic rulers (similar to its pre-independence Dogra rule), the state is continuously suffering in extreme autocratic way—medieval brutal rule—on the name of security. There are several reasons behind J&K’s long sufferings. But now-a-days, it is in news due to fake encounters—engineered by security personnel’s for speedy promotions and cash rewards. 30th April’s fake encounter of three young Kashmiris: Shafi Lone, Riyaz Lone and Shahzad Khan, and recent painful death of Tufail Ahmad Mattoo, a 17 years old 12th class student, by police’s negligence are just fresh cases in light to our country’s impeccable legacy of unlawful killings in Kashmir. In the recent past, against civilians, these unfortunate killings are not foremost of its kind. In fact, these incidents are another set of fresh episodes to decades old long chain of fake encounters, custodial killings, disappearances, arbitrary detentions and ‘honourable-morale boosting’ open killings carried out by the security forces since insurgency unfolded in the state. The sad part of the story is that our government, despite knowing the gravity of these heinous crimes, has legalised this malpractice without learning any lesson from past mistakes. Therefore, this unlawful practice is persisting and, it seems, will persist forever. Do our government care and value only security forces morale than those who are suffering, since independence, in several ways under different circumstances?

If this is government’s determined policy then Kashmiris are left with only hope: this situation might change tomorrow (for example, as happened with Blacks in America). But none of us can predict when this peaceful ‘tomorrow’ will come. Instead of indulging in wishful thinking, that a peaceful ‘tomorrow’ will come on platter, it would be wise if we initiate proactive protests—a legitimate right in democracy—to protect our basic rights which could compel government to take speedy measures to bring this foggy, unpredictable and peaceful ‘tomorrow’ in the vicinity of reality. Since 1989, almost 240 months have gone to the gutter of history, a lot of magnificent changes happened within the state—like transformation of political system i.e. Governor Rule to so called ‘democracy’—but the story of unlawful killings remain same. In the last two decades, almost every month has witnessed such brutal incidents but, ironically, only a few cases were fortunate to knock media’s door. Various research reports establish that our state has several multiple graves in such localities which, because of their proximity to LoC, are not accessible without the specific permission of security forces. These grave sites are believed to contain the remains of victims of unlawful killings, enforced disappearances, torture and other abuses which occurred in the context of armed conflicts.

In spite of large protests and heavy administrative promises, majority of these ‘a few cases’ are orphan today. These cases have been punched so much so that their legitimised heaviness disappeared in the dust of draconian veto’s—like the Armed Forces Special Powers Act (AFSPA), the Jammu and Kashmir Disturbed Areas Act (JKDAA) and several others—before the protective civilian laws. Under such a foggy protection cap,  this is mockery of civilian rights especially in such a place where they are inevitably needed to justify that the law of the land cares its subjects in every situation and in all weathers. But unfortunately, under the open sky of our ‘independent’ country, the reality is altogether different. Here administration has been gifted with certain privileged powers which make our law a mere lame duck! By enacting draconian laws, New Delhi has given security agencies unlimited power to detain and interrogate civilians which, finally, ties our jurisdiction’s hands. Even after probe, in direction to deliver justice, it’s every attempt meets dead-ends. In such scenario, of course, justice delivered would remind civilians that they were knocking the doors of hell!

A review of horrible past:
The story of ‘open’ violation of human rights in J&K is not new. Since 1989, the civilians were subject to terrible abuses by the security forces. Under special powers act(s), Indian army and other  forces have carried out large number of summary executions, custodial killings, torture, disappearances, and arbitrary detentions. Several works on Kashmir argue that these security operations included regular warrantless searches, setting fire to civilian’s buildings and random beating of residents—usually in the middle of the night. There is a long list of outrageous cases of human rights violations which depicts unarmed persons killing without any verbal or physical provocation. Remember security forces mid-1992s Operation “Shiva”. It was based on a “catch-and-kill’ policy to execute captured militants. Under it how many civilians were killed no one knows. On the similar line, we can quote number of incidents when without warning our security forces have fired on peaceful or little-provocative processions. The security forces this conduct, in response, yielded only wrath of civilians and shattered moderate Kashmiri’s confidence over the system. To cross-check these facts, as a good source, have a look on Human Right Watch’s 2006 report. This report found that many former militants accepted that they joined militant groups because they were furious at the violations and wanted only revenge.

In September 2001, the Andhra Pradesh Civil Liberties Committee, Human Rights Forum, Organisation for Protection of Democratic Rights, People’s Democratic Forum and the People’s Union for Democratic Rights published a 60-page report, Grim Realities of Life, Death and Survival in Jammu and Kashmir. It documented the cases of retaliation/revenge killings by the security forces, their use of human shields, rape and molestation of women, custodial killings, fake encounters and torture. Identically, Jammu and Kashmir Collation of Civil Society (JKCCS) during 2003-06 carried out a survey of killings from 1989 to 2006. In its “estimate” the “death toll since 1990 is 70,000”. This figure, however, has been turned-down by India as an exaggeration. In all conflicting zones, to manipulate basic impulse of the surveyor, in fact the data of death count has tendency to absorb favourable twists. In this regard, the JKCCS accepts that, “Not all of the 70,000 victims…died at the hands of Indian forces. Many were victims of militants”. This survey extensively categorise the death toll in literate and illiterate and further classified to reach exact figure of victims to understand the reason for their death.

In this regard, on 8th July 2008, the European Parliament also took note when it passed a resolution on Kashmir which included these unlawful killings. It states that: “hundreds of unidentified graves have been discovered since 2006 in Jammu and Kashmir and...at least 940 persons have reportedly been found in 18 villages in Uri district alone... [The] estimates on numbers of persons having gone missing since 1989 vary greatly between associations of families of victims speaking of more than 8000 and the Indian central and state authorities claiming less than 4000.” Let us take the central and state authorities claim of 4000 missing persons: are they less for our country to come into sense? Or they need multi-million figures to wake up from eccentric sleep?

Role of Kashmiri leadership:
I regret to establish a shameful fact that, except government, Kashmir’s political leadership is also a party to recent events. Because they are silent. They are not ready to raise voice to this injustice. Can I ask, especially, the Hurriyat Conference (moderate) and PDP its reason (here I am not considering NC, because, in my view, it is more like British East India Company than a genuine Kashmiri political voice)? Why they have chosen political-resilience over a justified protest? Today Hurriyat Conference and PDPs this attitude let every Kashmiri down because “When people are being killed, they sit in their homes”. Their surprising role raises suspicion in Kashmiri mind. It seems they are also joining NC’s wand wagon of East India Company. Everyone knows, for even small political issues, both parties have launched several successful political protests. Then why this silence? Did Kashmiri leadership’s blood turn cold? For Kashmiri awam, to know reality, this conspiracy’s face-off is a must investigation because, on the name of just cause, it has sacrificed its blood. Therefore, now time has come, our leadership should answer awam’s question: “What kind of leaders are they?”

Two vital questions:
First, for my fellow Kashmiri brothers: Today, like several fake killings of yesteryears, these four youngsters’ deaths, for us, are brutal present. But soon we will forget our bloody past and we will allow these cases to trail a similar painful path, like old forgotten episodes of fake killings, to silence. I am unable to understand how everyday, on our neighbours painful murder, we Kashmiri recollect courage and go home to fall asleep (may be, the core reason behind this fact is our cowardice which gives us compelling strength to give death a clever miss today by sneaking ahead in hope to ‘die another day’!). When will we stop bursting ceremonial tears on ourselves and get ready to compel government to take action against culprits who are, on the name of duty, digging innocent Kashmiris graves? 

Second, for New Delhi: How and why Kashmiris should believe that India is serious to do more to heal their wounds, ameliorate their trauma and reverse their sense of alienation when it justifies the unlawful killings in the one hand and gives false promise of equal citizenship in a truly plural and secular society on the other?

The Last word:
These award winning unlawful killings and zero action sends wrong message to the public. Now time is calling for justice. The government of the day should scrap its old policy of gunning down innocents and then wiping victim’s tears with political butter, known as ‘compensation’, which facilitates victims silence by wrapping justice in a silent grave.

(Surinder Mohan is pursuing PhD in international relations from School of International Studies, JNU, New Delhi. Ideas expressed are his own. Feedback at: sm_jnu@hotmail.com)

Lastupdate on : Sun, 27 Jun 2010 21:30:00 Mecca time
Lastupdate on : Sun, 27 Jun 2010 18:30:00 GMT
Lastupdate on : Mon, 28 Jun 2010 00:00:00 IST