Human rights on trial: The Kashmir case

‘One day the oppressors will be thrown into the dustbin of history and justice will prevail eventually’

Once known as a “paradise on earth,” the sieged valley of occupied Kashmir, strongly challenges the notion of the universality of human rights. With over 900,000 Indian occupation soldiers having unlimited powers, including the ability to kill, abduct, torture and humiliate, life in the region is far from ordinary. Looking at the miserable situation the Kashmiris have been subjected to for decades, the “universality” of human rights comes under question.

The genesis of the dispute dates back to the partition of the subcontinent into Pakistan and India, back in 1947. According to the partition principle, the Muslim-majority areas were to constitute an independent state of Pakistan, while the Hindu-majority areas were to join India. The state of Kashmir was overwhelmingly a Muslim-majority state but under a local Hindu ruler. However, in October 1947, Indian forces invaded and occupied the area in a flagrant violation of the partition formula and the wishes of the Kashmiri people.

Grasping the pulse of the Kashmiri resolve to resist against the Indian occupation, India took the matter to the United Nations Security Council, which after thorough deliberations, passed resolutions calling for a peaceful solution by organizing a referendum in the Jammu and Kashmir region, so that the people are able to decide their future themselves. However, knowing that the will of the people was against occupation, India retracted its commitments given to the Kashmiris and the international community. Since then, India has been employing all possible tactics, one after the other, to prolong its illegal occupation of Jammu and Kashmir.

Even after more than 75 years, the unlawful measures of the Indian authorities to consolidate their occupation of Indian Illegally Occupied Jammu and Kashmir (IIOJK) and persistent suppression of the rights of the people of IIOJK continue with impunity. Furthering consolidating its illegal occupation and in complete disregard for international norms and agreements, India revoked Articles 370 and 35A of its Constitution on Aug. 5, 2019. The plot behind the illegal action taken on Aug. 5, 2019, is to engineer demographic and political changes in the occupied territory to convert Kashmiris into a disempowered minority in their own land, thus drowning out the Kashmiris’ demand for freedom and self-determination. Therefore, now in addition to enduring the world’s biggest and most unrestrained occupation army, the Kashmiris must confront a direct attack designed to make them a minority in their own land.

India has given a “carte blanche” to its occupation forces to unleash a reign of terror in the besieged territory. There are reams of reports from credible human rights organizations detailing these violations which cover the spectrum from extra-judicial killings, custodial deaths, involuntary disappearances, arbitrary detention, torture, degrading punishments, rape and molestation, collective punishment, to curtailment of the right to freedom of expression and religion and belief.

However, while doing all this, India remains oblivious that with force and fraud, it can only buy time, which will run out someday. The peaceful and democratic approach is to let people exercise their own will – the right to self-determination. Both parties to the dispute, Pakistan and India have already agreed to a free and fair, U.N.-administered plebiscite to ascertain the will of the Kashmiris. India’s First Prime Minister Jawaharlal Nehru in his statement to the Indian Parliament on Feb. 12, 1951, stated that “we have taken the issue to the United Nations and given our word of honor for a peaceful solution. As a great nation, we cannot back on it. We have left the question for a final solution to the people of Kashmir and we are determined to abide by their decision.”

In a situation when the credibility of international institutions mandated to ensure international peace and justice is at stake, it is important that the United Nations Security Council ensures full implementation of its resolutions on the Jammu and Kashmir dispute; urges India to end the grave and systematic human rights violations in IIOJK and to reverse all its illegal and unilateral actions in IIOJK undertaken since Aug. 5, 2019 to restore faith of the weak and oppressed in universality of human rights.

Today on Aug. 5, which is commemorated as Youm-e-Istehsal-e-Kashmir by Kashmiris and people of conscience around the globe, we reaffirm our strong solidarity with the just and legitimate Kashmiri demand for the right of self-determination and call upon India to uphold its pledge of a free and fair U.N. administered plebiscite to determine the will of the Kashmiri people. One day the oppressors will be thrown into the dustbin of history and justice will prevail eventually.