The cold-blooded killing of three civilians by men in uniform in Poonch district last month highlights the grim reality that while the world around Jammu and Kashmir may have changed, little has changed for the local population.
The fact is that the situation in Jammu and Kashmir cannot change as long as the men in uniform are held accountable and until they keep enjoying immunity under the Armed Forces Special Powers Act (AFSPA) and other such laws.
The special laws continue to give unbridled power and authority to the men in uniform, enabling them to unleash excessive force and commit egregious acts of violence against individuals without any fear or even an inkling of accountability.
It is heartening that, unlike previous incidents, the government has expressed concern about the killing and expressed its willingness to investigate the incident. However, given experience, it is difficult to believe that these investigations will lead to a logical conclusion.
It is worth noting that 108 magisterial enquiries have been ordered in Kashmir since 2008 following violent incidents in the region. Unfortunately, none of these reports have been made public and not a single army or police officer has been convicted.
Despite various investigations conducted even by the government itself, security personnel are involved in extrajudicial killings and other unlawful killings in Kashmir. Impunity for the army and other agencies has emboldened the armed forces to commit heinous crimes and receive honours, rewards and promotions for it.
The lack of proper accountability mechanisms and the absolute immunity of armed forces personnel have consistently hampered the likelihood of victims receiving free and fair justice.
While the local population is subjected to significant human rights violations, the crackdown by the authorities calling the shots in Jammu and Kashmir has led to a heightened sense of insecurity and fear among the people, especially among the vulnerable communities, be it Muslims, Sikhs or Hindus.
Collective punishment is used by the government as a political tool to target politicians, civil society activists and human rights defenders and their families. This colonial-era tactic is now being used to punish journalists and government employees and to harass and frighten the families of those who dare to speak out against the riots.
The death of three civilians in Poonch has refreshed the painful memories of previous incidents. It has once again highlighted the demand for an end to the blanket immunity under which the military and paramilitary forces operate in the region.
Although officers can be prosecuted for such offences under Section 302 of the Indian Penal Code (IPC), the government has never indicated its intention to hold them accountable.
It is high time for New Delhi to “walk the talk” and lead by example to end human rights violations.
The AFSPA is one of the infamous laws that authorise the Indian forces to use force to arrest or detain a person without informing the detainee of the reasons for his arrest.
The Act also grants immunity to security forces from civilian prosecution for offences committed in regions under the AFSPA. The misuse of the AFSPA and other stringent laws has led to massive human rights violations in J&K, yet successive governments in New Delhi have maintained a reprehensible silence on the matter.
The demand for the repeal of AFSPA has sparked a serious debate in recent years and has also attracted a lot of attention from academia within and outside Kashmir. Besides Kashmir Valley political leaders, civil society activists, writers and especially left-leaning politicians have repeatedly expressed concern over the misuse of AFSPA and other laws that gave sweeping powers to men in uniform. AFSPA and other laws earned India criticism at all 4 cycles of Universal periodic review at United Nations human rights council. The UN Special Rapporteurs Prof Christof Haynes and Ms. Margaret Sakarya called AFSPA as draconian law that over rides right to life.
The reality on the ground shows that these laws have neither served India’s cause in Kashmir nor its national interests. A cursory look at the recent developments in the region confirms the widely held view that the use and misuse of these lawless laws by the military has further fuelled the sense of anger and alienation among the Kashmiri people.
Conducting investigations and announcing compensation for the affected families may help the government appease the victims and public anger. But the cycle of killings will continue until the perpetrators involved in the killings of civilians in Poonch and other similar incidents are brought to justice and the draconian laws under which army personnel enjoy impunity are abolished.
If the government is sincere, it should set up a high-powered mission to fully investigate the extrajudicial and custodial killings that have taken place on and before December 23, 2023.
The people of J&K have suffered terribly from such acts of impunity for a long time so it is high time the political and military establishment should realize the bitter reality that their sledgehammer policy towards Kashmir has brought nothing but unending miseries to the common people in Jammu and Kashmir.
There is also a dire need that all the stakeholders to this dispute must rethink and revisit their policies and approach towards Kashmir, demonstrate magnanimity and come forward in a positive state of mind to lay-down a solid foundation for the resolution of this conflict.
Jammu and Kashmir is a political issue that needs to be settled using the universally based political mechanisms. This is something that needs to be realized at the highest level-sooner the better.
(The writer is Chairman of Kashmir Institute of International Relations (KIIR), Islamabad.)
