Atrocity Crimes and Human Rights Abuses in Indian Illegally Occupied Jammu and Kashmir

Indian Illegally Occupied Jammu and Kashmir (IIOJK) has seen a shocking pattern of atrocity crimes and human rights abuses during the past thirty years. India’s terrible cycle of persecution, violence, and impunity has destroyed and ruined countless innocent lives.

The “Dark Days, Deadly Nights” Report

Recently, the Institute of Kashmir Studies (IKS) in Srinagar published an extensive report of testimonies titled “Dark Days, Deadly Nights,” which was reprinted by the Legal Forum for Kashmir (LFK). The report detailed the horrifying experiences of Kashmiri civilians who were victims of violent crimes committed by Indian military forces. The report also highlights India’s flagrant transgressions in the area and the sufferings of Kashmiris.

International Documentation of Atrocities

Amnesty International, Human Rights Watch (HRW), the United Nations Human Rights Council (UNHRC), and other international human rights organizations have all produced extensive documentation of the atrocities committed by India in IIOJK.

UNHRC’s 2018 Report

Among the most significant publications is the UNHRC’s 2018 report, which highlighted the widespread violations of human rights in Kashmir, including the detention of civilians, arbitrary arrests, and the use of disproportionate force by security personnel. The study also emphasized the need for an unbiased investigation of Kashmir’s human rights situation.

The Role of the National Investigation Agency (NIA)

The National Investigation Agency (NIA) has been used as a tool to intimidate and silence Kashmiris who have dared to advocate for justice, autonomy, and human rights.

Human Rights Watch’s 2019 Report

Another crucial report is Human Rights Watch’s 2019 edition. It describes how the Indian government has been using pellet guns, causing hundreds of citizens to suffer terrible injuries and blindness. The report also highlighted the government’s failure to provide access to high-quality medical care for victims of violence.

European Parliament’s Stand

Members of the European Parliament have written to the President and Vice President of the European Commission about the grave human rights breaches in IIOJK. The letter said unequivocally that the Kashmiri people had endured intolerable limitations on their basic liberties and rights for the past 70 years.

Criticism of Indian Prime Minister Modi’s Policies

Human Rights Watch criticized Indian Prime Minister Modi’s harsh policies in a statement released on March 24, 2022. The organization said that the restrictions placed on the people of Kashmir and the atrocities carried out by his forces have made it more difficult for the people to exercise their fundamental rights, such as freedom of expression and the right to peaceful assemblies.

Persecution of Political Figures, Journalists, and Civil Society

It also addressed the way in which the Indian government has intensified its persecution of political figures, journalists, and members of civil society without first seeking court review. Investigators have raided the residences and places of employment of journalists, pilfering their business materials as well.

Incarceration of Kashmiri Journalists and Activists

As of December 31, 2023, five Kashmiri journalists, activists, and human rights defenders, Khurram Parvez, Irfan Mehraj, Sajjad Gul, Abdul Aala Fazili, and Majid Hyderi, were incarcerated in India; some had been there since 2021.

The Armed Forces Special Powers Act (AFSPA)

It also denounced the special legal provisions of the Armed Forces Special Powers Act (AFSPA) and called for its repeal because it impedes accountability for human rights violations in Kashmir.

Weaponization of Rape as a Tactic of War

The weaponization of rape as a tactic of war by the Indian military is one of the most appalling revelations; Instances of this brutality include the mass rape of women in Kunanposhpora in 1991.

The Kunanposhpora Mass Rape

On the night of February 23, 1991, during a siege and search operation in Kunanposhpora in the Kupwara region, Indian troops gang-raped about 100 women, ranging in age from eight to eighty.

Sexual Assaults in Doda District

In the Doda district, in a small hamlet close to Batote, a woman was sexually assaulted by army men in front of her child, in the absence of her husband.

Intimidation and Repression by the NIA

The National Investigation Agency (NIA) has been used as a tool to intimidate and silence Kashmiris who have dared to advocate for justice, autonomy, and human rights. The group has been suppressing the voices of people advocating for change by imposing an unfair and unjust system of punishment and false allegations.

Torture and Fear as Retaliation

Because of this campaign of intimidation and repression, the Kashmiri people have suffered enormously, feeling defenseless and powerless. As a kind of retaliation, punishment, and control, the native Kashmiri population in the occupied zone is frequently subjected to torture. It’s a calculated move designed to make the native populace insane and terrified, making them less determined to fight against the colonization. Significant fear exists in the region, with the ongoing unrest in Kashmir offering a menacing backdrop.

Documented Fatalities and Destruction

The information presented in the report paints a bleak picture of the ongoing criminal activity in IIOJK. There were a startling 96,300 documented fatalities between January 1989 and April 23, 2024, including 7,333 deaths while people were being held under arrest. In all, 170,354 individuals were taken into custody, 110,510 structures were destroyed, and thousands of women and children were left orphaned or widowed.

Amnesty International’s 2020 Report

The extensive use of torture in Kashmir by Indian security personnel was revealed in the 2020 Amnesty International Report titled “India: No End to Torture.”

Human Rights Violations and Torture

The investigation detailed the horrifying treatment of the captives, which included beatings, electric shocks, and sexual assault.

India’s Disregard for UN Resolutions

The misery of Kashmiris is further made worse by India’s flagrant disregard for UN resolutions, its oppressive media laws, and its deliberate targeting of journalists and activists. The research also exposes the illegality of opposition politics and the arbitrary dismissal of workers, demonstrating how India suppresses dissent in IIOJK.

Travel Restrictions and Persecution

In IIOJK, travel restrictions, passport denials, and passport impoundments are now routine. In 2019, there were more than 40 Kashmiri journalists placed on the “No Fly List” (also known as the “Exit Control List”) and had “lookout circulars” issued against their names; by 2023, there were 200.

Dismissal of Workers

The IIOJK administration started the process of terminating 500 workers in 2020 because they had allegedly taken part in acts hostile to the nation. BVR Subramanian, the chief secretary at the time, presided over a committee that decided to investigate and suggest dismissing employees who engaged in anti-national activity.

Dismissal of Security Threats

Since April 2021, the Indian government has dismissed about sixty workers for supposedly “presenting a threat to the security of the state.”

A Call to Action for the International Community

For the international community and the legal system, the study serves as a wake-up call. The 900,000 occupying forces in Indian-occupied Jammu and Kashmir (IIOJK) have perpetrated multiple human rights crimes; the statement highlights the lack of accountability these troops face.

UNSCR 47 and the Need for a Plebiscite

A free and impartial plebiscite should be used to decide whether or not Jammu and Kashmir should become a part of both India and Pakistan, according to UNSCR 47 (1948). However, due to India’s broken promises to the Kashmiri people and disdain for UNSC resolutions regarding Jammu and Kashmir, a devastating cycle of violence and repression has resulted.

Counterinsurgency Rules and Impunity

The counterinsurgency rules, which give the Indian Occupying Forces (IOF) broad authority, have fostered an atmosphere of impunity that could result in “atrocity crimes” against Kashmiris.

Urgent Need for International Action

Addressing the human rights issue in Kashmir requires prompt action from the international community. This entails encouraging a peaceful conclusion to the war, guaranteeing the safety of civilians, and seeking accountability for violations of human rights. The “Silent Days, Deadly Nights” report, which provides undeniable evidence of India’s crimes against humanity and urges action to end the region’s cycle of violence and impunity, is a crucial tool in this endeavor.

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