HUMAN RIGHTS ABUSES IN INDIAN-ILLEGALLY-OCCUPIED JAMMU & KASHMIR (IIOJK) AND INTERNATIONAL LAW
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- Human Rights Violations: Torture, mass killings, internet shutdowns, and demographic changes in IIOJK post-Article 370 revocation.
- International Law Breaches: India’s actions defy the UN Charter, Universal Declaration of Human Rights, and other international norms.
- Proposed Strategy: Dialogue, economic development, and civil society engagement to address grievances and foster regional peace.
Every human being is born free, and every religion unconditionally follows without any discrimination regardless of caste, color, race, etc. With the end of the World Wars, the process of decolonization and the rise in the nation-states and advancement in technology show the awareness and need to enact international law to improve the living conditions of people under occupation. However, some states continue to disregard international law and their religious principles, with India at the top, which violates all human rights, particularly in Kashmir. In light of this, this paper addresses the potential human rights violations occurring in Indian illegally occupied Jammu & Kashmir (IIOJK). Furthermore, we will find out the possible outcomes related to international law to halt Indian atrocities in IIOJK that would be peaceful for the region as well.
From its establishment as an independent state in 1947, India has persistently violated international law, fundamental human rights, and United Nations resolutions with impunity. Such as, it violated the British parliament plan in 1947, a free and fair referendum that was promised by its own leader, Jawaharlal Nehru, and forcefully and unlawfully conquered the Muslim-majority state of Jammu & Kashmir.
In 2019, India did the same thing by revoking the special status of Jammu & Kashmir under Article 370 and 35 (A) of the Indian constitution, which acknowledges Kashmir as disputed territory. India altered the Jammu & Kashmir state subject during the G-20 Summit that was held in Kashmir without even the concerns of regional states, particularly Pakistan. This attempt by India was to portray Kashmir as an essential component of India, but it failed miserably as many states boycotted it.
India has been using different strategies such as torture, rape, mass killings, fake encounters, and extrajudicial killings that violate the fundamental human rights under articles of the Universal Declaration of Human Rights (UDHR), particularly Articles 3 & 5, which ensure the right to life and to live in freedom and safety, and the right to be free from torture and inhuman treatment, respectively.
Secondly, territorial integrity is the foundation of state sovereignty and security. Chapter I, Article 2 of the United Nations Charter clearly states that “all members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or any other manner inconsistent with the purposes of the United Nations.” In this situation, constant violations by Indian armed forces at the Line of Control (LOC) are against the basic conventions of international law and the UN Charter associated with territorial violations. Kashmir has witnessed more than three wars between India and Pakistan over the LOC since 1947.
The Internet was included in the list of fundamental human rights in the United Nations Declaration of Human Rights in 2016. It declares that “everyone has the right to freedom of opinion and expression; this right includes the freedom to hold opinions without hindrance and the freedom to seek, receive, and disseminate ideas and information through any media, internationally.” Furthermore, digital repression is one of the violations in recent times in IIOJK, which refers to the blackouts, censorship, harassment, and monitoring to regulate the information. The Universal Declaration of Human Rights (UDHR) states the right to privacy for everyone. However, states like India were against this addition. This blackout was reported as “the longest internet shutdown in a democracy” by the New York Times.
On 5th August 2019, the Indian parliament nullified the special constitutional status of Kashmir by revoking Article 370, as a consequence creating an identity and legislative crisis for the people of IIOJK. However, after the invalidation of these articles, major consequences emerged for the people of IIOJK, such as it has changed to an identity crisis, and they do not have their flag, constitution, and freedom to legislate. At the present moment, non-residents of Kashmir are allowed to buy property that grants permanent settlements of Indian citizens in occupied Kashmir, hence altering the demographic structure and political landscape of IIOJK.
Human Rights Watch reported that over 50,000 people were killed in Kashmir from 1989 to 2006. The Office of the United Nations High Commissioner for Human Rights (OHCHR) reported that thousands of civilians, including political leaders and protesters, have been arrested under the Public Safety Act (PSA), often without trial. Information from human rights organizations like Amnesty International and Human Rights Watch highlights the use of extreme force by security personnel against protesters and the use of shotguns, which have caused several deaths and fatal injuries, mostly to the eyes, also included. The step headed to major political conflicts, increased safety actions, and well-known allegations of human rights abuses, including imprisonments and communication shutdowns. This switch has flashed international concern and arguments over its impact on regional stability and human rights.
The worst human rights violations have been ongoing in Indian illegally occupied Jammu & Kashmir (IIOJK) under the curfew and lockdown. But now the demand of the Kashmir people is not to end the curfew but to go even further, and that is complete independence from India. Pakistan also demands access be given to international media and human rights organizations to draw the attention of people towards the atrocities in IIOJK until Kashmiris get their freedom, which is their basic right.
An adaptable strategy is needed to address the ongoing conflict and human rights violations in IIOJK. A few examples, such as promoting economic development, proper human rights management, and engaging the civil society, help rebuild the native’s trust to end the grievances. The situations in IIOJK are disordered and have significant applications for Pakistan. Therefore, both nations should pay attention to discussions and economic growth that would be advantageous not only for Kashmir but also for the South Asian region to strengthen their current position and improve regional diplomatic relations.
The writer is a fresh graduate of International Relations from the University of Sindh, Jamshoro.