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The Siege of Kashmir: A Reflection on Decades of Militarization and Human Rights Violations By Kashif Mirza

Byadmin

Aug 5, 2024

The writer is an

economist, anchor,

analyst and the

President of All

 Pakistan Private

Schools’ Federation

president@Pakistan

privateschools.com

August 5th marks a sombre day in the history of Kashmir, a region that has endured decades of suffering and resilience in the face of Indian brutalities. Since 1947, Kashmir has been subjected to military occupation, human rights violations, and unspeakable atrocities. 5 Years of Military Siege in Indian Illegally Occupied Jammu and Kashmir (IIOJK) have completed. The abrogation of Article 370 by the Indian government on August 5, 2019, marked a new chapter in the Kashmir conflict. Article 370 granted special autonomy to the region, allowing it to have its own constitution and limited independence over matters except for foreign affairs, defence, finance, and communications. The revocation of this special status was met with widespread protests in Kashmir and condemnation from Pakistan. The Kashmir conflict, rooted in the violent partition of the Indian subcontinent in 1947, has been one of the most enduring and bloody conflicts in modern history. The region of Jammu and Kashmir, nestled between India and Pakistan, has witnessed over seven decades of political strife, military confrontations, and, most tragically, the relentless suffering of its people. Each year, Kashmir Siege Day is observed to remind the world of the ongoing humanitarian crisis in the region—a crisis marked by widespread human rights abuses, including mass killings, disappearances, torture, and sexual violence. Since 1947, the Kashmir conflict has claimed the lives of tens of thousands of people. According to various human rights organizations and local sources, more than 427,000 people have been killed in the conflict, with the majority of the casualties being civilians. The physical scars of the Kashmir conflict are visible in the thousands of people who have been injured or maimed over the years. According to local estimates, over 916,000 people have been injured in the conflict since 1947, many of them permanently disabled. The report also mentioned the destruction of 210,367 civilian properties including houses and structures and the gang-rape/molestation of 21,219 women by the troops during the period to expose the reality of the Indian Army’s Sadbhavana-like operations. The conflict has seen various phases of violence, including three full-scale wars between India and Pakistan (1947-48, 1965, and 1971), numerous skirmishes, and a full-blown insurgency that began in the late 1980s. Unending hostility between India and Pakistan over the Kashmir dispute has been witnessed by the entire international community for the last seven decades. Kashmir is the most violent and volatile conflict zone between two nuclear rivals – India & Pakistan in South Asia. The conflict becomes more fragile when the stakeholders are nuclear-armed because it certainly risks regional and international peace. The continuing curfew in Indian-held Kashmir in the backdrop of revoking Article 370 and 35(A) on 5th August 2019, heavy military presence, media blackout, kidnapping of young boys, brutal patterns of violence and suppression of masses’ voices have ignited a wave of protest and condemnation from the global community, which is emphasizing on a peaceful and sustainable resolution of long-standing Kashmir conflict. Since 5th August 2019, the abrogation of Articles 370 and 35(A) has given the Kashmir conflict a different dimension. It has not only changed the autonomous status of Jammu and Kashmir (J&K) but also compromised the safeguarding of the demographic status of J&K as a Muslim-majority state in India. Since 1947, India and Pakistan have been locked into continuous adverse relations due to the conflict in Kashmir and do not find a common ground to bring peace to the region. Therefore, peace is an urgent need to address and redress the grievances of Kashmiris. In the decades that followed, the death toll continued to rise. The insurgency led to a heavy militarization of the region, with Kashmir becoming one of the most militarized zones in the world. Reports from human rights organizations, such as Amnesty International and Human Rights Watch, have documented numerous instances of extrajudicial killings, enforced disappearances, and summary executions by Indian security forces. The Indian government, while acknowledging some incidents of human rights abuses, has largely defended its actions as necessary to combat terrorism and maintain law and order in the region. The use of pellet guns by Indian security forces, particularly in response to protests, has drawn international condemnation. These weapons, intended to be non-lethal, have caused horrific injuries, with hundreds of people, including children, losing their eyesight or suffering severe facial injuries. The psychological trauma inflicted on the people of Kashmir is immeasurable. The constant presence of security forces, the frequent imposition of curfews, and the pervasive atmosphere of fear and uncertainty have left deep mental scars on the population. Cases of post-traumatic stress disorder (PTSD), depression, and anxiety are widespread, particularly among children who have grown up in the conflict zone. Sexual violence has been one of the most harrowing aspects of the Kashmir conflict. The use of rape as a weapon of war has been documented in several instances, with women and girls being subjected to brutal acts of violence by both state and non-state actors. One of the most infamous cases is the Kunan Poshpora incident of 1991, where soldiers from the Indian Army allegedly raped between 23 and 100 women in the twin villages of Kunan and Poshpora. Despite the outcry and the subsequent legal battles, justice has remained elusive for the victims, with the case still languishing in the courts decades later.

In the immediate aftermath of the abrogation, the Indian government imposed a strict lockdown in the region, cutting off all communication channels, including internet and mobile phone services. Thousands of additional troops were deployed to enforce the lockdown, leading to what has been described as the most severe siege in Kashmir’s recent history. The lockdown had a devastating impact on the daily lives of Kashmiris. The communication blackout left the population isolated from the rest of the world, unable to contact family members or access essential services. The heavy military presence and the imposition of curfews severely restricted movement, making it difficult for people to access medical care, education, and even basic necessities like food and water. The lockdown also had a significant economic impact on the region, with businesses forced to close and tourism, a major source of income for many Kashmiris, coming to a standstill. The education of thousands of children was disrupted, with schools and colleges remaining closed for months. Despite the harsh measures, the Kashmiri people continued to resist, using whatever means were available to them. Protests erupted across the region, with people taking to the streets to express their anger and frustration. The Indian government’s response was predictably harsh, with security forces using tear gas, pellet guns, and live ammunition to disperse the crowds. Reports of arbitrary arrests, beatings, and torture of protesters, including minors, further inflamed tensions. The resilience of the Kashmiri people in the face of decades of oppression is nothing short of remarkable. Despite the overwhelming odds, they have continued to resist the occupation and assert their right to self-determination. This resistance has taken many forms, from armed struggle to peaceful protests, from political activism to art and literature. The freedom of Kashmir that began in the late 1980s was driven by a sense of betrayal and disillusionment with the Indian state, which had promised autonomy and self-determination but failed to deliver. Many of them young men, took up arms against the Indian state, driven by a desire for independence or, in some cases, accession to Pakistan. The Indian government’s response was brutal, with widespread human rights abuses committed by security forces in the name of counterinsurgency. In recent years, however, there has been a shift towards non-violent resistance. Civil society in Kashmir has played a crucial role in documenting human rights abuses, providing support to the victims, and keeping the struggle for justice alive. Human rights activists, journalists, and lawyers have worked tirelessly, often at great personal risk, to expose the reality of life in Kashmir and advocate for the rights of its people. Art and literature have also become powerful tools of resistance. Kashmiri poets, writers, and artists have used their work to express the pain, suffering, and resilience of their people. Their work serves not only as a form of resistance but also as a means of preserving the cultural heritage of Kashmir, which is under threat from the ongoing conflict. The international response to the Kashmir conflict has been a mix of condemnation, silence, and complicity. While some countries and international organizations have spoken out against the human rights abuses in Kashmir, many others have remained silent, either out of political expediency or fear of damaging relations with India, a rising global power. The United Nations has passed several resolutions on Kashmir, calling for a plebiscite to determine the region’s future and urging respect for human rights. However, these resolutions have been largely ignored, and the UN has been criticized for its failure to take concrete action to resolve the conflict. Human rights organizations, such as Amnesty International, Human Rights Watch, and the International Commission of Jurists, have documented numerous cases of human rights violations in Kashmir, calling for accountability and justice for the victims. These organizations have also highlighted the culture of impunity that exists in the region, with security forces rarely held accountable for their actions. However, despite these efforts, there has been little progress in addressing the human rights situation in Kashmir. The Indian government has dismissed many of these reports as biased and politically motivated and has continued to deny access to international observers and journalists. The role of the United States, the European Union, and other major powers has been particularly disappointing. While these countries have expressed concern over the situation in Kashmir, they have largely refrained from taking any meaningful action, preferring to maintain their strategic and economic ties with India. This has led to accusations of double standards, with critics pointing out that these same countries have been quick to condemn human rights abuses in other parts of the world.

Despite these unimaginable hardships, the people of Kashmir remain steadfast in their pursuit of freedom and self-determination. Their resilience is a testament to the human spirit’s capacity for courage and hope. 

Despite these unimaginable hardships, the people of Kashmir remain steadfast in their pursuit of freedom and self-determination. Their resilience is a testament to the human spirit’s capacity for courage and hope. As we reflect on Kashmir Siege Day, we honour the memories of those who have suffered and continue to suffer. We also recommit ourselves to supporting the Kashmiri people’s struggle for justice and human rights. The state of Jammu and Kashmir is an unresolved agenda of Britain and a disputed territory between India and Pakistan. Both parties acknowledged the disputed status of the state of Jammu and Kashmir in the UN Security Council resolutions of August 13, 1948, and on January 5, 1949, both the two countries were considered a party. UN resolutions remain operative and cannot be unilaterally disregarded by either party. As agreed in the UN Security Council resolutions peaceful and bilateral negotiations would be made between India and Pakistan over the future status of Jammu and Kashmir. It, therefore, entails a fair, free and internationally supervised plebiscite that should be aimed at securing the right of self-determination for the people of Kashmir. The current status shows both positions on Kashmir, as, Pakistan is, in favour of the UN plebiscite as per the wishes of the Kashmiri people. The future of Kashmir remains uncertain. The conflict shows no signs of resolution, with both India and Pakistan refusing to compromise on their respective positions. The people of Kashmir, caught in the middle of this geopolitical struggle, continue to suffer, with no end in sight to their ordeal. However, despite the bleak situation, there is still hope. The resilience and determination of the Kashmiri people, coupled with growing international awareness of their plight, offer a glimmer of hope for the future. The increasing global focus on human rights and justice, particularly in the wake of movements like Black Lives Matter and the global response to the Rohingya crisis, suggests that the world may finally be waking up to the suffering of the Kashmiri people. For any meaningful progress to be made, however, it is crucial that the international community takes a more active role in resolving the conflict. This includes not only holding India accountable for its human rights abuses but also addressing the underlying political issues that have fueled the conflict for decades. The people of Kashmir must be given the opportunity to determine their own future, free from external interference and coercion. As we reflect on Kashmir Siege Day, we are reminded of the immense suffering and resilience of the Kashmiri people. For over seven decades, they have endured unimaginable hardships, from mass killings and sexual violence to enforced disappearances and economic deprivation. Yet, despite these challenges, they have continued to resist, to fight for their rights, and to demand justice. The international community must not turn a blind eye to the plight of the Kashmiri people. It is our collective responsibility to stand with them in their struggle for freedom and dignity. Only by acknowledging the truth, holding the perpetrators of human rights abuses accountable, and working towards a just and peaceful resolution of the conflict can we hope to bring an end to the suffering of the Kashmiri people. As we observe Kashmir Siege Day, let us not only remember the victims of this long and brutal conflict but also renew our commitment to advocating for their rights and supporting their quest for justice. The people of Kashmir deserve nothing less. Regrettably, even the UN is not in a position to play any positive role without the support of the pro-Indian powers enjoying veto power. That is a stark reality. The international community and the UN, if they ever feel their obligation towards them as per the UN resolution that the Kashmir dispute could be resolved. Pakistan for which Kashmir is an unfinished agenda of the partition will and must continue to persist with its moral, political and diplomatic support to the freedom struggle in IOK as long as it does not succeed.

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