In their latest report, former Supreme Court (SC) judge Justice Madan B. Lokur and former Kashmir interlocutor Radha Kumar, who head the Forum for Human Rights in J&K, have warned that “human rights abuses will continue unchecked till J&K remains under a Lieutenant-Governor administration and without an elected government”.
“Most of the rights violations, including arbitrary detentions, prohibition on assembly, remain valid still. Close to 1,000 people are still in prison, including minors and elected legislators. The J&K administration added a new vigilantism against government employees, whose social media content is now subject to police scrutiny for ‘anti-national activities’, potentially leading to dismissal. Eighteen government employees have already been dismissed,” the report said.
The report was released a day ahead of J&K completing two years as a Union Territory. It was on August 5, 2019, that J&K’s special constitutional position was ended by the Centre and it was divided into two UTs of J&K and Ladakh.
The report suggested that the June 24 meeting between J&K leaders and Prime Minister Narendra Modi “raised hopes”.
“The PM’s offer, however, fell far short of expectations. The Reorganization Act, he said, would continue to be implemented, and elections would be held for a UT assembly. These pre-conditions put regional parties in an awkward position. If they participate in elections under these conditions, their challenges in the court may be rendered infructuous. If they do not, there is a high risk that human rights abuses will continue unchecked,” it said.
The report also pointed out that the ceasefire agreement between Indian and Pakistani Directors-General of Military Operations (DGMOs) “restricted infiltration by armed groups and raised hopes that a wider peace process might follow”.
“Though the ceasefire has held, it is now beginning to fray, as is suggested by the sudden low-cost drone attacks of June,” it pointed out.
It said the counter-insurgency concerns continue to be given priority over public, civilian and human security.
“Notably, the J&K High Court has shown renewed commitment to the rights to bail and fair and speedy trial, coupled with scrutiny of the possible misuse of draconian legislation, such as the Public Safety Act (PSA) and the Unlawful Activities Prevention Act (UAPA). Nevertheless, the J&K administration continues to oppose bail and stifle dissent on increasingly bizarre grounds,” it said.
It alleged that the censorship on local media houses in coordination with security agencies had been institutionalised.
The report recommended release of all remaining political detainees and repeal of the PSA and other preventive detention legislation. “Institute time-bound enquiries into allegations of torture in detention, such as those made in regard to the People’s Democratic Party leader Waheed Para,” it added.
It also called for involvement of local communities in facilitating the return of Kashmiri Pandits.
