kashmir issue.ppt
TRANSCRIPT
o 1947-End of British rule
o Partition on the basis of religion
o Formation of Pakistan and India
o 635 states remained independent includingKashmir
o Maharaja Harry Singh
o Muslim majority
o Instrument of Accession
INTRODUCTION
Governor General of India Lord Mountbatten“It is my Government’s wish that as soon as
Law and order have been restored in the
Jammu and Kashmir and her soil cleared of
invader the question of the states accession
should be settled by a reference to people”
o First Kashmir War-1947
o Movement of Pakistan’s irregular forces to Srinagar
o Plea made by Harry Singh to India
o Instrument of accession
o Second Kashmir War- 1965
o Pakistan’s Gibraltar's Operation
o United Nations mandated ceasefire
o Third Kashmir War-1971
o Direct Military Confrontation
o Instrument of surrender
WARS BETWEEN PAKISTAN AND
INDIA
o International human right law prohibits the arbitrary
deprivation of life under any circumstances
o The Government of India is a signatory to the
International Covenant on Civil and Political Rights
(ICCPR)
o Article 6 of the ICCPR expressly prohibits derogation
from the right to life, thus even during the time of
emergency.
INTERNATIONAL HUMAN RIGHT LAW
o The International Covenant on Civil and Political
Rights (ICCPR) also prohibits torture and other
forms of cruel, inhuman and degrading treatment
o Articles 4 and 7 of the ICCPR explicitly ban torture,
even in times of national emergency or when the
security of the state is threatened
o Arrest individuals at will without any arrest
warrants
o Raise residential houses to ground without any prior
notification
o Shoot at will on any suspicious individual
o And above all enjoy full impunity from law and
court
ARMED FORCES SPECIAL POWERS ACT
o Enacted by the President of India. It was an act for
the restoration and maintenance of public order in
disturbed areas in Jammu and Kashmir
o In a “disturbed area” any Magistrate or Police
Officer has full immunity to fire upon ,or otherwise
use force even to the causing of death ,against any
person who is indulging in any act which may
result in serious break of Public Order
DISTURBED AREAS ACT
o Projected for the safeguard of civilians
o A person can be arrested and put into jail for 7 days
and then presented in court of law
o If the court squashes PSA, an individual is
rearrested under the same PSA and process can
continue for years all together
o Thousands of Kashmiri’s youth are currently
detained under this draconian law
PUBLIC SAFETY ACT
o Prevention Of Terrorism Act…2002
o The act replaced the Prevention Of Terrorism
Ordinance of (POTO) 2001 and Terrorist And
Disruptive Activities act(1985-1995)
o The act was replead in 2004 by the united
Progressive Alliance Coalition
o Special powers were granted to the investigating
authorities
POTA
o The act provided the legal framework to strengthen
administrative rights to fight terrorism and was to
be applied against any person and acts covered by
provisions within the act
o Under the new law suspect could be detained for
up to 180 days without the filling of charge sheet
o Enforced disappearance is abduction or kidnapping, carriedout by state agents or organized groups
o Authorities neither accept the responsibility for the dead noraccount for where about the victim
o Youth are randomly arrested and taken to the unknownlocations by security agencies
o They are either killed in encounters or tortured in jails andlater buried or thrown in rivers and lakes
o Enforced Disappearance is a serious violation of fundamentalHuman Rights
ENFORCED DISAPPEARANCE
o Large mass graves have been recently found invalley after WikiLeaks revelations
o An estimate of 371 graves were found at a singlelocation containing approx. 400 bodies
o Every witnesses and grave diggers say that armyand state police used to come and bury bodies afterdark
o In another location 2156 unidentified graves werefound in 38 sites in North Kashmir District
MASS GRAVES
o At two separate locations around 3500 (208 sites)
and 2500 graves have been found
o Government promised DNA tests to reveal the
bodies however no tests were conducted till now
o The “Spore Massacre "refers to the alleged killingsof 55 Kashmiris civilians by the Indian BorderSecurity Force (BSF) after militants ambushed a(BSF) patrol, in the town of Spore in Kashmir on 6January 1993
o Forces fired at local residents and set fire to localhomes and businesses
o Witnesses claim that BSF attacked the public coachkilling the driver and at least 15 passengers as wellas attacking and burning three other cars
SPORE TOWN MASSACRE
o Formed in the year 1988
o Operated by the Border Security Force, It was
reportedly “The most infamous torture center in
Kashmir.”
o Both militants and civilians were tortured using
extreme methods
o Death toll in 9 years of it’s operation reached to
10,000 (exact count not known)
PAPA2
