Even after the lapse of the Terrorists and Disruptive Activities (Prevention) Act, the detenus languish in jail without trial. They want to restart their life. Does not the Government have a responsibility to them?

"HOW do I begin my life again?'' Mushtaq Ahmed Sheikh from Srinagar asked me a few days ago. He admitted that he was once involved with militants. Detained under the Terrorists and Disruptive Activities (Prevention) Act in December 1990, he was told that he would face trial within six months. But he has languished in jail for more than six years. He applied for bail in 1992. A Srinagar High Court Bench accepted his petition and ordered his release. But the Supreme Court cancelled the bail. In 1996, he again applied for bail. This time a Jammu High Court Bench ordered his release. The Supreme Court again cancelled it. After staying free for four months, he is back in jail. Still, there is no trial, which he was promised within six months. While canceling his bail on August 5, 1997, the Supreme Court directed the Designated Court "to proceed with the trial on a day-to-day basis.'' and "complete it within four months''.

On November 5, the four-month period was over. Yet there is no sign of trial. Had a Supreme Court judgment - the Shaheen Welfare Association Vs the Government of India - been followed, Ahmed would have been free. The judgment said if a detenu had been in jail for five years and if his trial could not end within six months, he should be released. The CBI, which has pursued Ahmed's case, appears to have little respect for the judgment. He remains detained without trial.

It is difficult to say if and when all TADA prisoners will be released even on bail. But it should not be difficult for the government to hold their trial expeditiously. It is obvious that the Government does not have adequate proof against them. Does that mean they will be in jail for the rest of their lives? Already, they have wasted the best years of their life and still there is no end to their ordeal.

A democratic system depends on the temperament of freedom it inculcates in the people. There are many things, which create the mood. One of them is the people's conviction that their freedom will not be curbed. Preventive detention allows arbitrary detention and denies them the recourse to any public hearing. Even after the lapse of the TADA Act, the detenus see no light at the end of the tunnel. Many persons like Mushtaq Ahmed Sheikh want to restart their life. How do they do? I wish I knew.

The case of Yasin Malik, a youthful Kashmiri leader, is different. He has spent several years in jail off and on. He has again been picked up and put behind bars in Srinagar. He was beaten up and even his mother and sister were not spared. I do not know what is the charge against him this time. Whatever it is, the Government should have the courage to try him in an open court. His three colleagues have been in detention for more than a fortnight. Is it for questioning? Interrogation Centers in Srinagar have given a bad name to the administration, which does not seem to end indiscriminate arrests, house searches and torture. At one time, I got the impression that the Government had learnt its lesson. Recent reports give the contrary impression.

However, I have never appreciated the Hurriyat approach to the United Nations. Human rights violations are reprehensible, but the Indian human rights activists and their organisations or even Parliament should be the Kashmiris' court of appeal. It is India's conscience, which has to be touched. The Hurriyat leaders' efforts to involve the UN or the USA will be counter productive as it has proved in the past. Activists in India resent the excesses committed in Kashmir. They have written reports about them and they sit in dharna. There should be more involvement of different groups within India. Their reports have more effect on outsiders. The Hurriyat and others should have appreciated this fact by now.

After touring Kashmir, a team of People's Union of Civil Liberties (PUCL) activists from Andhra Pradesh recently submitted a report, which shows that the excesses in the Valley have not decreased. What human rights activists reported three years ago still holds good, both in terms of suppression and people's suffering.

The report says, "There appears to have been an expectation on the part of the people that the severity of what was practically the army rule in Kashmir would at least be substantially reduced and that the armed forces would be brought under the supervision of the elected government and made accountable to the law. This is one of the election promises of the National Conference. One opinion our team heard from a cross-section of the people, rural and urban, educated and uneducated, and of different ideological persuasions, is that this expectation has been totally belied. The civilian government has put itself outside the sphere of the counter-insurgency operations and allows the army authorities to decide as in the past. The armed forces are no more accountable to the law now than in the past. And they are no more answerable for their acts now than in the past. The Chief Minister made his government's intentions in the matter clear by appointing his security advisers the two Lt. Generals in command of the Jammu and Kashmir regions. Thus, as far as counter-insurgency operations are concerned, it is their advice that will govern the State's policy rather than the civilian government's policies governing the army's operations. This is reflected in the people's frustration that they have no more protection against the atrocities of the security forces than they had in the past.''

DETAINEES JOURNEY TO COURTS FAIL TO BUY JUSTICE

Every working day, dozens of detainees reach through their counsels in different judicial court from jail to attend their hearing. There has not been any serious hearing according to lawyers because of lack of sufficient evidence and therefore, trails are protected to sentence the accused even in the absence of judicial verdict from the courts.

The Bar Association disputes the official figures. More than 60,000 people have been booked under TADA, said Nazir Ronga, President of the Advocates Association. It is pertinent to say that, till date, one single advocate has pleaded cases of more than 20,000 detainees for whom bail orders under TADA were procured in due courts of law.

"There are two categories of 'jailing' in Kashmir - declared and undeclared. Once official figures are released with respect to declared jails - and there is no official record or any other statistics available about detainees in undeclared makeshift jails", Said Nazir Ronga. "For example around the valley in different security forces camps, there are dozens of boys unlawfully detained in all camps whose records are not even available in the state administration".

Nazir Khan, a resident of Anantnag, was arrested in 1994 and was taken to Army camp, Awantipora. The official in charge of the camp code named Yousuf took the detainee to his home somewhere in Haryana.

Nazir Khan was serving in the Officers house for two years. His Habeas Corpus petition for knowing whereabouts of the detainees and the law and authority under which he was arrested was pending for disposal, before the court. In the meantime Nazir Khan managed to escape from his (officers) home after a period of two years. Nazir Khan's lawyer says that the said detainee along with his father approached him to record the statement before the court to this effect.

Government has registered hundreds of open First Information Report (FIR) in various police stations and Central Intelligence and Counter Intelligence unit in Srinagar from 1990 till 1995. In every FIR, hundreds of detainees are already booked and fresh arrests are made which results in practical operation of TADA even today in Jammu & Kashmir.

According to the Bar Association reports (after the replacement of TADA by the central Government in may 1995) more than 2,100 bail orders have been passed by the designated Judges under TADA with reference to the people who were arrested after replacement of TADA act and subsequent arrest of such accused persons involved in TADA.

International Committee of Red Cross (ICRC) signed a memorandum of Understanding with the Government of India to report on the condition of detention of persons arrested and detained in Jammu & Kashmir when lot of complaints by several Human Rights organisations were registered about the condition of the every increasing Jailed inmates. The report sets out ICRC delegates findings during their visit to some 4,393 detainees carried out since October 1995 in 40 places of detention during 148 visits. The report gives a thorough assessment of the situation in place of detention and deals with specific concerns such as respect of the dignity of the individual, the physical and psychological welfare of detainees, the treatment of detainees by the security forces and prison authorities after arrest, the availability of adequate medical care and communication between detainees and prison authorities. On ICRC's recommendation several sub-jails having poor living conditions were abandoned by the state authorities and daily allowances were increased which a prisoner is expected to use for his daily use on food.

The ICRC reports are confidential and intended for the authorities to whome they are submitted. The ICRC began visiting detainees in Jammu & Kashmir on October 1995 following the signing of a Memorandum of Understanding with the Indian Government on June since then several recommendations to improve the conditions of the jails were submitted to the Indian Home Minister. (Courtesy: The Dawn Express, Weekly, Srinagar).

INTRODUCTION

During the last ten years, the media has been full of reports of violence in Kashmir. This violence is attributed mainly to the rise of militancy. We also hear about the abductions bomb blasts, firing, encounters, Al-Faran activities etc. We have the impression that the militants are creating nuisance in Kashmir and a feeling of insecurity is always there at the back of our minds. Especially when it was mentioned to friends that the women team was visiting Kashmir on a fact finding mission, the only comment was, beware of the militants, why do you want to risk your lives, come back alive. But our experience was just the opposite. That is, on our way, we were unnerved by the overwhelming presence of the Army. There were many bunkers and the Jawans were heavily patrolling the city and villages. In order to control the militancy there is heavy deployment of Army in Kashmir. Yes, there has also been interference from Pakistan in the Kashmir dispute. Kashmir, being a Muslim majority state, India is all the more insecure about the people's inclination. All this infighting between the insurgents and Army has created in the minds of the average Kashmiri.

In the process however the real will and aspirations of the people was being neglected. The worst fallout of the situation was the attack on the women by the military. This is probably due to the frustration among the Army personnel as they have been posted far away from their homes and have to do their duties for long hours, irrespective of whether it is snowing heavily or raining. Their peculiar conditions do not legitimize their inhuman behavior, but neither can we justify the mindless violence and killing by the militants. We cannot ignore the blatant violation of human rights by both sides.

WHY WE VISITED KASHMIR

The previous teams which visited Kashmir have felt, that there was gross human rights violation taking place vis-a-vis women, in spite of the installation of the 'democratically' elected government in October 1996. Moreover, the government had claimed through the media source that militancy had been curbed and peace and normalcy had been restored in the Valley. That was the time it was decided that an all women member teams would go and meet people in the valley, particularly the women. We went through the contact of the earlier teams, individuals and friends.

The day we reached Srinagar, June 29, 1997, we declared in the press about our arrival. We met all those who came to see us in their individual capacity as well as in their organizational capacity.

HOW WE WENT ABOUT

We had decided to cover most of the areas in our short tour. We therefore planned our program in such a way that there was no duplication of the investigations done earlier. We met journalists, members of Bar Association, doctors, hotel owners, Shikara owners, houseboat owners, human rights groups, social welfare groups, leaders of National Conference, different group of Hurriet Conference, and local people. We focused on women and children, people form various communities such as Kashmiri Hindus, Muslims, Christians, Sikhs etc. We visited different cities like Badgam, Baramulla and Kupwara and villages like Sopore, Soonur, Ganderbal, Kothergund, Razven, Dangerpura and Chadura.

While we wanted to focus our investigations on women and children, we could not avoid incorporating other incidents related to human rights violations.

HISTORY

Jammu and Kashmir has a geographical area of 86,023 Sq. miles and includes besides the Valley of Kashmir, the area of Jammu and Ladakh, the hill districts and the tribal areas (Baltistan, Gilgit, Hunza and Nager). Under the present de facto position of the state, Jammu, the Valley and Ladakh are in India. The tribal areas are in Pakistan, and hill districts (mainly Poonch) stand divided between India and Pakistan.

In August 1947, when paramountancy of the British crown lapsed, Kashmir became an independence state and under the partition settlement it had the option to accede either to India or Pakistan or remain independent. The Maharaja of Kashmir, Hari Singh decided to maintain the independence of Kashmir and as such did accept either of the two instruments of accession that were forwarded to him by the governments of India and Pakistan. Three days before the partition (August 12, 1947) the Maharaja proposed a standstill agreement with India and Pakistan for maintaining a status quo in economic and communication services. Pakistan accepted the agreement but India did not commit herself and invited Maharaja for talks.

Pakistan acceptance of the standstill agreement was superficial as within a month of the agreement it started harassing the people of Kashmir by stopping economic activities as also food and fuel supplies from the Pakistani side to Kashmir. The Maharaja, however, showed no inclination to accede to Kashmir. It was unacceptable to Pakistan that Kashmir would not be a part of the new Muslim State. It consequently, engineered a tribal invasion of Kashmir. On October 15, 1947, nearly 5000 raiders began the siege of Fort Owen inside Kashmir and by October 22, infiltration and raids were transformed into full scale military attack upon Kashmir. These raiders were openly supported by Pakistan and were in fact Pakistani soldiers in tribal clothes. Kashmir came under the imminent danger of falling to invaders. The Maharaja of Kashmir requested India for help, but the latter refused to comply until a decision in favor of Kashmir's accession to India was made.

On October 23, 1947, Maharaja Hari Singh decided to accede to India. On October 26 1947, he signed the Instrument of Accession and made Kashmir part of India immediately flew its troops into Kashmir and the Indian Army went into action against the invaders. Srinagar was saved and the invaders were pushed to Uri. While accepting the Instruments of Accession, India voluntarily pledged that as soon as law and order have been restored in Kashmir and her soil cleared of invaders, the question of the state's accession should be ratified by the people.

It is interesting to note that Sheikh Mohammad Abdullah, the popular leader of the Kashmir gave his mandate in favour of India. Jinnah the chief architect of Pakistan felt that despite Sheikhs refusal there would not be any problem to integrate Kashmir into Pakistan as it was a Muslim majority state. Much to his disappointment the Kashmiris refused to go to Pakistan. They refused to believe in the two-nation theory. Even while Hindus and Muslims were butchering each other on the borders of Kashmir, in Punjab and in the North-Western Frontier Province, there was not one case of bigoted murder in the Valley of Kashmir. Instead, the Muslims of Kashmir died fighting against Pakistanis who sent in both their army surrogated in a holy war to liberate their Muslim brethren in Kashmir.

The Indian Constitution, recognizing the peculiar nature of the problem, which had now been internationalized, awarded Kashmir a special status through Article 370. Soon after elections were held in September/October 1951 in which National Conference won a landslide victory. Thus the mandate of the Kashmiris was clear. Sheikh Abdullah never asked for independence of Kashmir, if for no other reason than it was simply not viable. Kashmir was too weak to be independent. But he began talking of autonomy within the Indian Union.

However the dream of Sheikh Abdullah to have a distinct identity of Kashmir was soon shattered. Sheikh Abdullah soon became victim of a conspiracy and was deposed from Prime Ministership and arrested. False propaganda was unleashed against the, claiming that he had been arrested just before crossing over to Pakistan. Henceforth began the procedure to crush democratic spirit of the Kashmiris.

The Constituent Assembly headed by Bakshi Ghulam Muhammad who had become Chief Minister after deposing Sheikh Abdullah had confirmed the accession to India and agreed on a Constitution, which came into effect on January 26, 1957.

Thus after Sheikhs arrest, the Constituent Assembly was no longer the representative of the peoples will and therefore all its decisions were null and avoid. It was imperative that a fresh plebiscite be held to determine the peoples will in relation to the accession. By 1958, however, the Government of India had announced that there was no longer any question of plebiscite. The official explanation was that a plebiscite had been promised only after Pakistani troops left Kashmir. Thus the question of plebiscite did not arise. The Pakistani Army will not go until its pushed out by Indian Army. Since, neither the Indian nor Pakistani Army is in the position to drive the other out Kashmir remains divided till date.

History took another turn when the 'Kashmir Accord' was presented to the parliament in February 1975. According to which Jammu and Kashmir a constituent unit of the Union of India would continue to be governed by Article 370, the state would have the residuary powers of legislation but Parliament would retain the power to legislate on any matter concerning the territorial integrity of the country. The sharing of power was based on the premise that the center's responsibility would be the unity of the country while the state would be in charge of the welfare. This accord was worked out with Sheikh Abdullah by G. Parthasarthy a trusted bureaucrat in Mrs. Gandhis government. On February 25, 1975, Sheikh Abdullah was sworn in as Chief Minister of Jammu and Kashmir. However, once again the tide turned against Abdullah. After Indra Gandhi lost the elections and power at the Centre, her party withdrew support to Sheikh Abdullahs government in 1977, the Janata Party, which was democratically elected and had formed the government at the Centre, decided to have elections in Kashmir. Once again Sheikh Abdullah won a landslide majority in the elections and came to power. On July 9, 1977 he was sworn in as the Chief Minister and he remained in chair till died, on September 8, 1982.

After his death Farooq Abdullah was sworn in as the Chief Minister of Jammu and Kashmir on September 8, 1982. Through he got popular mandate in the subsequent elections, souring relations with Mrs. Gandhi led to his ouster. The dismissal of Farooq Abdullah government in 1984, through crudely maneuvered defections shattered the faith of Kashmiri Muslims in Indian democracy. The manner in which the elections in 1987 were manipulated added insult to injury. The 1987 elections were the last hope of Kashmiris to have a democratic government chosen by the people, within the framework of the Constitution of India. The United Muslim front the origin of today's militants groups- was ousted, even though it had already been announced by AIR having polled the majority of votes. This rigging by the National Conference-Congress alliance made it clear that the Indian Government would never allow the real representatives of the Kashmiri people to come to power. The popularity of the Farooq Abdullah government at this stage was at lowest ebb. The other problems faced by the state were multiple in nature. Abject poverty, high unemployment and rising prices also fueled peoples discontent.

During this period the Central Government kept installing governments one after the other and in the process the oppressed Kashmiris became alienated from India. This resulted into the suppression of their ethnic desires and aspirations, which in turn resulted in their movement for freedom. This situation fueled the growth of JKLF with their motto of separate Kashmir (AZAADI) away from the control of Pakistan and India. Subsequently many other militants groups with different aims and objectives came up and complicated the scenario.

The mainstream forces were unable to tackle the growing discontent and did not provided proper leadership at this crucial juncture. There were legitimate protests by the people against issues to which the government reaction was unduly heavy handed (for example the power tariff protests). The ham handed tackling of the situation led to further alienation of the Kashmiris and the initial phase of terrorist activity can be traced to this juncture. The leadership of the people slipped out of the hands of elected government as they had lost the faith of the people. The resignation of Dr. Farooq Abdullah, as Chief Minister in protest against appointment of Jagmohan as the Governor in 1990 removed the buffer between the government of India and the people of Kashmir. The way the situation was tackled, after a series of blunders, could not but lead to the flare up of mass insurgency in the Valley.

Soon after Jagmohan taking over as governor people of Kashmir were administered severe shocks. At 5 am, On January 20, 1990, security forces cracked down on a part of Srinagar city and conducted a house to house search and rounded up over three hundred persons most of whom were however released later. People also complained that most of those arrested were beaten up or dragged out of their houses. The next day people were on the streets, defying curfew order to protest against alleged excessive use of force in the search operation and ill treatment of women. The demonstrators were fired at and the press put the toll at thirty five, the highest number of persons ever killed on a single day in Kashmir till then. Similarly when Mirwaiz Maulvi Farooq was gunned down in May 1990, large number of supporter had suspected the hand of some militant outfit but the government diverted the anger of his followers to itself by firing at the funeral procession of Maulvi Farooq. Such incidences started occurring at greater frequency. It was the logical outcome of such a reckless and ruthless onetrack policy that led to the crossover of some officially estimated 10,000 desperate Kashmiri youth to Pakistan for training and procurement of arms.

It also led to the exodus of almost the entire Kashmiri Pandits to a life of indefinite and tragic wilderness. Militancy and fundamentalism, which Jagmohan had aided and abetted in 1984 when he arbitrarily dismissed a duly elected government, was later nourished by him and grew.

The militancy in Kashmir passed through different phases. Various militant organizations, some of which were supported by ISI of Pakistan - Hizbul Mujahedeen, Allah Tiger, The Muslim Janbaz Force, the Pasadaran Inquilab-e-Islami and the Ikhwan-ul-Muslimeen had confrontation with JKLF which initially had pioneered the militant movement with the slogan of Kashmiriat. The situation become further complicated with the involvement of Afghan mercenaries. India government was forced to take stringent measures in an attempt to curb intervention of foreign mercenaries. Various organizations, which were already part of the struggle, formed a common platform known as All Parties Hurriet Conference comprising of 27 organizations. Their objective was to wage peaceful struggle to secure for the people of the State of Jammu and Kashmir, the right of self-determination.

THE OBSERVATIONS

We interviewed a cross section of Kashmiris, chief among them being women and children. The testimony of these women once again reiterates the need to review the constant presence of the Army in civilian areas. The security forces have unleashed a reign of terror by raiding the houses of innocent people, interrogating them at any time, taking liberties with women to the extent of molesting and even raping them. The atmosphere prevalent in the Valley is that of fear and gloom. Women face constant humiliation and insecurity. The following testimonies reveal the pathetic state of women and children in the valley.

PLIGHT OF WOMEN

In Srinagar, we visited the mother of the victim Farid. On June 28, Farid was returning home after prayers. While crossing the road he saw a jeep coming in his direction in which some military officers were traveling. Farid was apprehensive about military's crackdown so he ran away from the jeep. The military officers mistook him as being a militant and chased him till his house. They entered his house and started looking for him. They claimed that he was an Afghani militant taking shelter in his house. When Farid's mother told them that he was not an Afghani militant but her son they did not believe her. So deep was the distrust that in spite of showing them his Indian identity card they refused to acknowledge his identity. What followed was a cold- blooded murder of this innocent young man. The officers took him outside his house and shot him near his ear. His younger sister was watching this incident from the balcony of their house. She saw her brother being shot being shot by the military. She tried to scream for help but guns were pointed at her from below. When we reached their house we found that Farid's mother had virtually become insane due to shock. She was singing songs as she thought her son was to be applied Haldi as he was to be married while on the other hand the people gathered there were mourning his death.

We then visited Fatehkadal area. We met Rukshat Khan, who was 30 years old with three children below the age of twelve. Her husband was the manager in one the popular hotels. On May 30, 1997 around forty men of the STF and Army barged into their house broke into their bedroom and picked up her husband. They locked her along with her children and mother-in-law into another room and took him to another room and torture him for two to three hours. She could hear him screaming. After torturing him they shot him. They carried his body outside the house, shot him again and declared that he was killed in an encounter. Rukshat does not know how to sustain herself and her family.

We visited Rungrate area of Wavoosa where mass rape of six women (Including minor girls) by Army had taken place. The victims themselves narrated the stories of these horrendous incidents. One night Army entered the house of Rashida Khan. Rashida was staying along with her elder married daughter Rehana and three younger daughters Sharifa, Shakeela and Mehak. The Army came at around 12.45 a.m. and banged the door. When nobody opened the door Army forcibly broke open the door and entered the house. Rashida went to put on lights but was told by Army not to do so. The Army officers entered the room where Rehana and her husband were sleeping. They threw her husband out of the room and under the pretext of searching guns in the room raped her. Then went into the adjoining room where the three younger sisters were sleeping. They asked them whether they had hidden any guns and under the guise of searching took them one by one to another room and molested (raped) them. Four days after the incident Mehak the youngest sister had to be admitted to hospital. Her medical records indicated that she was suffering from Biliary Peritonitis which means her gall bladder had ruptured and its contents spilled over in peritoneal cavity leading to swelling of abdomen. She was rushed to the hospital where she had to undergo a major surgery. This proves the amount of pressure being put on this minor girl's abdomen during molestation or even rape (as it is evident). These girls did not admit to being rape victims, as they feared that their future prospects of marriage would be damaged. Most of women who were victims of such incidents would not admit being raped and actually sought to underplay the incident as the stigma attached to them would makes their future terribly unbearable.

Another case of Army atrocities on that same night was the case of Shabana in Rungret of Wavoosa. Shabana lived with her husband and two children in this area. Her husband was working in other village. The Army officers started knowing the door. They claimed that she had hidden some militants in her house. She refused to open the door as her husband was away. The Army personnel broke open the door and entered the house forcibly, after which they raped her. They went off after her warning her not to disclose this incident to anyone or else she would end up losing her husband.

Another incident, which was narrated to us in this village, was similar to that of Shabana. Rukayya who is the next door neighbour of Shabana also went through similar trauma. Rukayya was with staying with her parents, elder brother and sister-in-law. On that fateful night, army personnel entered her house forcibly and she met similar fate as Shabanas. Her sister-in-law also met with the same fate. The incident got a lot of publicity and was discussed in the Assembly. One of the MLAs who belonged to National Conference said that all six were not raped, only three women were raped and three girls were molested. Thus it is evident that the ruling elite is indifferent to the plight of women.

In Badgam we were told that each and every woman in the village was tortured and interrogated. Such was the fear in the hearts of the villagers that they refused to divulge any more information to us. Some of the villagers also expressed their by saying we cant say anything, we are under pressure, they will further torture us after your people go away. In a village called Razven we met Khushboo. Her brother was a militant who had died a few months ago in an encounter. The Army officers torture her and then raped her. Dispite the fact that her brother was dead she was tortured and her honor was violated. Zainab another woman whose son was a militant was also repeatedly tortured though her son was dead ago.

In Razven, on June 25, 1997, during a crackdown 60-year-old Mustafa Kazis daughter Jameela 18, was tortured because his son was a militant, though he had died sometime ago. She had migrated from the village when we visited her house. In the same village, a group of girls whom we met, while describing the existing situation laughed and said, We don't know how long we will be beaten, troubled and tortured. During the day we laugh, but as the night falls, things are very frightening for us. They even said, Aap Tu Chale Jayenge, Magar Laathi Aaur Goli Hamen Hi Khani Ghai.

Raissa Badruddin, a sixteen year old, ninth standard student of New Fatehkadal area, told us that (the BSF, CRPF and STF) barge into their house, order the girls to sit in front of them and make vulgar comments and gestures. She feels it is very difficult to avoid the lecherous Army men and therefore feels very insecure. She was interested in higher studies but now she has no desire to do so as she feels it involves too much risk. Noorjahan- stays alone in Srinagar. All her five sons have fled to Ladakh, as they were afraid of being picked up any time by Army and getting killed. Mahjabeen, a 20 year old, girl left the college, as it had become unsafe to go to college. According to her, girls are molested in the broad daylight. Her parents also live constantly under a shadow of fear and want to get her married lest she will get molested or raped. She had a desire to study further, but she cannot. According to her, on average, girls are getting married much earlier because of the fear of being raped, and not being accepted for marriage thereafter. Earlier the girls in Kashmir used to get married at an average age of 22 to 25 years. The girls normally studied at least till graduation. However the situation has now undergone change. The girls do not opt for higher studies but prefer to get marriage earlier.

Naheeda, a lady staying near Mahjabeens house, told us that the Army personnel came drunk and molest girls even in daytime. Some women in this locality gathered around and told us that even minors were not spared. According to them Zubeda, a 7 years old girl was molested. They also narrated other incidents in atrocities were committed on women and minors. These are as follows:

Renegades (ex-militants recruited by the STF) barged in Rainas house. They pulled her out of the house and raped her. A first information report (FIR) was lodged but it was of no use.

At Hunahma 14 girls were molested. Surayya who resides in Srinagar narrated to us her traumatic experience. Her 20-year old son was picked up in 1990 as a suspected militant. She has fighting the case for last seven years, running from pillar to post including Red Cross and Amnesty International and human rights organizations with a hope that some day she will get back her son. She leaves the house in the morning and comes back in the evening. She spends the whole day in judicial proceedings. In the process she has developed a cyst in the knee joint (because of excessive stress). Surayya is shattered both mentally and physically but is still fighting with the help of a lawyer who is a human rights activist. She has exhausted all her savings in order to fight court cases. In spite of her endless struggle she has formed the Association of Wards of Missing Youth.

Ayesha, who was residing with her son in Srinagar also narrated her story to us. The Army picked up her son Saleem from a typing institute. He was 20 years old and was studying for his Bachelors (BA) as well as working in a typing institute. He had no record of indulging in militant activity. One day as he came out of the typing institute he was caught by the Army and was beaten badly, till his head started bleeding. The Army personnel took him to his house in the same bleeding condition to carry out a search. When his mother saw his condition she broke down. On being asked what they wanted now, the family said, that they wanted peace and freedom to work. They do not want to have anything to do with Pakistan or India. But they do not have hopes for a better future. According to them atrocities on the women have gone up after Farooq Abdullah came to power. They also added that they never voted in the election for anybody.

We observed in the above cases that it was not possible to get any hard-core documentary evidence and so there is no scope to file an FIR. We even cross checked in one of the police stations but found that no FIR was even filed on those particular dates. Though a day before Farid was shot dead by the Army officer there was a small complaint noted down on a plain piece of paper without any stamp of the police station. In this case the complaint was registered only because the boys uncle had been associated with National Conference for some time. Otherwise for ordinary people it is just not possible to register a complaint against the atrocities committed against them.

CHILDREN

Wherever we went, we saw the children hiding behind their mothers with curious expression on their faces and who appeared as if they wanted to pour out their hearts to us. Wherever we stooped to talk to people, the children formed a separate group and stared curiously at us. When they started conversing, we felt that they were far more mature than their actual age.

Constant disturbances in the Valley have changed the entire life pattern of the inhabitants, especially children. The entire concept of childhood has undergone a radical change in the valley. The children do not to kindergarten, or learn nursery rhymes or play with the toys, as normal children would do. Neither are they brought up under the loving tender care of their parents in free atmosphere. Instead their memories of childhood consist of an atmosphere surcharged with fear, terror, constant violence, unrest and constant insecurity.

The Army constantly enters school premises, takes the teachers, principals to task, and humiliates them in front of the students by parading them. The schools are virtually turned into Army camps, which the Army has occupied for years. The schools are therefore hardly functioning. The children are thus virtually trapped in their house and lose the opportunity to acquire education.

Minor girls often become targets of the Army. They experience sexual harassment from the Army personnel and hence are hesitant to attend schools. They live under tremendous amount of mental stress and constant insecurity. The young teenagers and collage students are often for interrogation. Many of them are found missing after interrogation. Thus the students cannot concentrate on their curriculums. There is no fixed schedule for conducting examinations and declaring results. The students have to bear the brunt on all fronts. Some lose their family members due to violence, some have to share the financial burden of the family in absence of earning members, and some cannot attend the school/collages due to curfew orders or interrogation. Many lose their homes as the Army burns house where they suspect the presence of militants. Thus the student community in the Valley has been deprived of having education in a free and fair atmosphere. Many of the students have taken up militancy as a result of constant harassment by the Army. Some of them have left the Valley. If this situation prevails in the Valley for a long time, one cannot predict the future of the children.

TOURISM

We met a houseboat and Shikara owner. According to the houseboat owner, there was no business for the last 6 to 7 years. It was difficult for him to maintain the houseboat as it was depleting his scarce resources. His son was deprived of being admitted in a good college as he could not afford to pay the fees. The customers who came to stay in his houseboat were mostly foreigners. Government had promised to create tourist packages, which gave special incentives and facilities to hotel owners and houseboat owners but has not lived up to its promise. He has sold most of his belongings to survive. He feels that average Kashmiri is tired of violence and wants peace. He hopes for a better future. Many houseboat owners have changed their occupation and some of them have migrated for the sake of livelihood to other states.

We met a Shikara owner in Dal Lake. He was about to leave when we asked him if he would take us in the shikara for a ride. He agreed without any hesitation. While he was rowing the boat we sat in the rear side. When we asked how do you like Kashmir? He replied Oh now everything is all right if you had come in 94, you would have known there used to be bomb blasts as if they were Diwali crackers all over. Our whole business is ruined .. we used to earn Rs. 300-400, every day or even more. So many shikaras are broken down, people have no money to repair them.

REACTIONS OF VARIOUS COMMUNITIES

We made it a point to meet members of all communities but most of the Hindus who had left the valley had not returned yet. So we had our limitations.

We did meet some Hindu families as well as the members of other communities. Here are some of the testimonies: We met an orthopedic surgeon belonging to Sikh community who has private practice in Srinagar. According to him: (1) There are no atrocities inflicted on the people in the villages (he had never visited the villages). (2) Kashmir situation is better than earlier. Previously i.e. during the peak of militancy, civilian deaths were very high. At present it is not so. (3) Average Kashmiri is very affectionate and not communal at all. (4) He never felt he was from a minority community. (5) He did not leave Kashmir during the height of militancy because he did not feel the need.

We met people of Sikh community in Gurudwara in Srinagar, and spoke to people coming there. Most of them said that they did not have to suffer because they belonged to this particular community, but were worried about the future. They said, although we are Sikhs, we are not Punjabis. We are Kashmiris. We dont want go out of the valley and live in tents.

We met Kashmiri Hindus especially the women and some men as well in Central Srinagar- Wazirbaug. We visited Wanchoos family in Srinagar. Mr. Wanchoos household members were Neelam, his daughter-in-law, Prabha his wife and Raji his daughter. They said Mr. Wanchoo was a lawyer and Human Rights activist in Srinagar. He was also working for the poor and needy people. He donated his pension for the welfare of underprivileged people. He was to inaugurated a school on December 6, 1992, which he had constructed for poor children. Unfortunately, he was murdered the day before - by people who were dressed as civilians who till date have not been identified. Three men came to him and asked him to go along with them to rescue a sweeper's child, who had fallen in Dal Lake. He did not suspect any foul play and suggested that they should go to the spot by van. These men insisted by traveling in Autoricksha, within half an hour after he left, there was a phone call saying that his dead body was lying in the police custody. The family also narrated to us the incidents, which showed his popularity. Once he was delivering a lecture in Jama Masjid, huge crowd had gathered there. The people were moved by his speeches so that one of the militants who was appointed to kill him on that day surrendered his gun at his feet and started working with him. He was so popular that his funeral was attended by 10,000 people in spite of the fact that permission was refused Hindus, Muslims, Sikhs everyone was in the procession. The family does not feel the least threatened by the militants. Bur they do feel harassed when on January 26, and August 15, the security people come to their house to check or search.

We met Srilekha of Wazibaugh who is studying M Com. According to her: (1) Things have improved since one or two years; you can walk on streets, more freely. (2) As Hindus, they are not feeling threatened even though they belong to minority community (Hindus are in minority in Kashmir). (4) It was the then Government who initiated the fear psychosis in the minds of Kashmiri Hindus and hence they left. (5) They like to live here and don't want to go anywhere. (6) Mandirs are safe here, not damaged at least by Muslims. (7) Muslims are harmless and peace loving. People were not hurt at the time December 6, 1992. (8) There is a threat from renegades, not from Muslims as such.

We met an owner of a jewellery shop Ajay- a Punjabi, originally from Jammu but settled in Srinagar from last 60 to 70 years. According to him. (1) Situation in the valley has improved after Farooq Abdullahs Government came to power. (2) Surrendered militants are put into Special Task Force. (3) There is communal harmony in Kashmir. We met the father of all St. Pious Church. He was in Baramullah district during the peak of militancy. He observed the atrocities against women in a hospital where he was working as a nurse. When asked about the atrocities inflicted by the Army at present he said, The guns have no rule. Even I have given shelter to militants in my house for weeks, as they were carrying the guns. Even Hindus had to do the same things. But then should it be considered to be the crime of such a grave that people are tortured and killed for doing so? That too, in a so-called democracy? And now there is gun in the hands of STF, BSF, Army and Renegades, do they not do the similar things? Nobody is bothered about the common Kashmiri. Being the father of the church the poor Hindus, Muslims and Christians are coming to me for help.

VISIT TO THE MENTAL HOSPITAL

The appearance of the hospital was similar to that of a devastated structure. There were cracks in the walls, the rooms were not equipped with beds and other necessary equipment, there was no trace of cleanliness and the dispensary of the hospital was short of medicines. There was shortage of doctor and paramedical staff. The hospital was overcrowded. The OPD as well as inpatient part of the ward was burnt accidentally last year adding to the misery of the inmates. Most of the inmates are destitute men and women. They walk about with their legs chained. The number of OPD patients has increased many folds compared to the last decade. The patients are coming with anxiety neurosis.

We failed to get any official data because it was a government hospital. The principal Secretary also agreed with the team on the treatment being mated out to the mentally ill in the hospital and added on to say that the, condition of the mental hospital should be improved.

VISIT TO THE SECRETARIAT

We met the Principal Secretary to the Chief Minister. He was very polite and he did agree to the fact that excesses by the Army towards the common people of Kashmir is there, but he did say things are much better in Srinagar as people can move about on the roads. He said that the situation in Kashmir could not improve overnight. But he added that the Army was not under their control but under the control of the Center. According to him without the help of renegades they couldn't have achieved any thing in Kashmir. He said that efforts were being made to curb the atrocities against the people.

The principal secretary agreed that the treatment meted out to the mentally ill in the hospital was inadequate and went on to say that the condition of the mental hospital should be improved.

According to the lawyers, judges and some journalists the statistics from which one can assess the situation in Kashmir today are as follows;

1. There is 1 military person per 7 Kashmiris.
2. There are 10,000 young widows at present in Kashmir.
3. There are 7000 youth in the jail.
4. There are 585 government schools, out of which 262 are with the security forces. Some of them are used as interrogation centers and torture cells. The sports stadium are also occupied by the army.
5. There are 30,000 orphans.
6. There are 20 to 25 deaths per day (by killings) by false encounter.
7. There are approximately 10 to 15 people taken in the lockup daily
8. In the seven districts for the population of the 50 lacks there is only one Gynaecology and Obstretic hospital.
9. There are 60 doctors including the junior most for the 500 bedded hospital, which admits 600 patients.

10. There are 23000 applications for 23 posts of the teachers.

THE IMPRESSIONS

The appearance of the city as well as well the village is that of war ravaged places. Predominance of the security forces patrolling with guns, bunkers all over. Army occupation of civilian area has become a prominent and almost permanent feature of Kashmir. It looks like a big prison. Over all fear psychosis prevails in every strata of society, especially among women and children. Anybody can get interrogated any time of the day and night. Even old and very young are not spared. During such interrogations they are physically, mentally and sexual abused. The intellectuals and human rights activists are also living under constant threat to life, from the army. There is a general feeling of the depression in the Valley because of the human rights violations taking place. People feel totally helpless about such violation. Peace loving Kashmiris want peace in the Valley. Hamare Itne Log Mare, Hame Kiya Mila, Yeh India Hame Chodnea Wallah Nahi.

WORSENING SCENARIO

Kashmir situation has worsened 1989 onwards. There was hope that after the 1997 elections situation would improve. But people in general feel that the elections were rigged and conducted with the help of Army. Introduction of STF (Special Task Force) by the State Government soon after elections has increased among people, (most of the STF men are the pro-govt. militants who were hooligans before being militants). As the STF known every one in the locality, the BSF and Army accompanies it for interrogation. In the name of curbing the militancy, BSF, CRPF with the help of STF raid the house, of even the innocent people, pick up anybody, at any time. They raid the houses in large numbers, terrorize the relatives, molest women, rob thing s from the houses and even ask ransom at the gunpoint and may release the person if given the ransom. They even burn the houses under the pretext of catching militants.

Under the pretext of interrogation, women are isolated from the other family members. Physically tortured, molested and even raped in some

situations. Rath hoti hai yamraj ata hai gaaliya aur goliya hame hi khani hoti hain. Some women even have disappeared. The incidents of eve- easing by Army personnel are on the rise. More and more girls are sitting at home and are forced to get married earlier than their average age of marriage. Schoolteachers, principals, students are made to parade during investigation. Angrej bhee itne bure nahi they. Children in the Valley have to watch all this day in day out. What kind of new generation will emerge in the Valley where the ABC is for Army, B for Bomb and C for Crackdown, etc.

Ex-militants who have surrendered and taken up different occupations are also forced to report at police station regularly. Most of the younger population has fled away with the fear of being caught and killed by the Army. The Army, while setting up the military camps in village has wiped off jungles. They don't allow men and women even to go to their fields without reporting at the camp.

Army is doing business by forcing surrendered militants and even common man to make furniture and sell or carry it to their hometowns. The Army has a list of the names of militants, which they prepare, with the help of renegades. To get the name removed from so-called list they ask for large sum. The villagers are robbed of their possessions and agricultural products.

RAY OF HOPE

Some of our findings about women status are worth mentioning, contrary to our beliefs about Muslim women in general, Kashmiri women are encouraged to go for higher education, for example graduation being the minimum aim, are encouraged to work outside as well. Average age of marriage for girls is above 20 years. Talaq is looked down upon. 'Triple-Talaq' is not practiced. Women have a right to decide about the about number of children they want to have. Women practice family planning and they do not have more than 3-4 children. Polygamy is a rare occurance. Burqa wearing is extremely rare and its occasional use is usually to ward off the lecherous eyes of the security forces. Women participate in agricultural activities, unlike their counterparts in other parts the country, where Muslim women do not participate much in those activities.

We also observed that people in Kashmir at large follow Sufism as their religion. Which is very tolerant. This makes people overall very secular and nonsectarian. They don't mix their political issues with their religion. The above mentioned status of women has much to do with their openness and broad thinking.

OUR RECOMMENDATIONS

If India claims to be the largest democracy and moreover the Kashmir as its integral part then the people of Kashmir deserve to be treated democratically.

The Kashmiri people must be involved in decision making. After our investigations we felt that we must raise our voice against the human rights violations in the Kashmir Valley. We urge all concerned citizens to support the Kashmir people against the oppression. We observed during our interviews with the people that they are now tired of rule of guns from all sides i.e. militants as well as military. They want to live in peace and harmony. They want to revert back to their work, studies and businesses, which has been quite disturbed since last 10 years. They do not want the interference from Pakistan at all.

In order to achieve this we felt that all the military and paramilitary forces should be removed from the civilian areas with immediate effect and instead be positioned to the border areas to prevent the infiltration of the subversive elements arms and ammunition across the border, which are responsible for all over damage to the local people.

We urge that all the special Acts, which are, at the moment prevalent in the Valley, should be scrapped as they give the power to the junior security personnel to execute severest punishment including killing on the spot, in case of slightest suspicion. These are (1) Armed Forces Jammu and Kashmir Special Power Act (2) Disturbed Area Act (3) TADA and a few more Acts.

We cannot, as the citizens of such a large democracy tolerate these draconian laws and we should all stand together to support our Kashmiri brothers and sisters in order to protect humanity.

We appeal to the militants to shun violence. Especially the militants who have joined the struggle without any ideology or focus who tend to indulge in such activities and create more trouble for the genuine activists. This happens mainly due to the huge chunk of unemployed youth who are directionless, frustrated and in the process indulge in mindless violence. Therefore, creating the job opportunities for these youth will definitely channelize their energies in the meaningful direction.

We also recommend some rehabilitation programs to be undertaken so as to normalize the peoples lives: (1) All the schools which have been closed for many years and have been occupied by the Army should be reopened. (2) Orphans and widows should be given special consideration with regard to their means of livelihood, their education and employment etc. (3) More employment opportunities should be created for all those who have been detained in the jails and could not pursue their education. (4) Kashmiri craftsmanship should be boosted through special promotion. (5) In order to boost tourism all the promises given to the tourism business should be fulfilled. (6) There is an urgent need to increase the numbers of hospitals as they are at the moment quite inadequate to take care of the ever increase number of patients created due to the everyday causalities. The doctors in the government hospitals are also very few as per the load of patients. (7) Those who are detained illegally be released and the under trials be given fair justice. (8) The most important step which is to be taken is to call back all Kashmiri, Hindus as well as Muslims who had fled the Valley in fear. They should be reassured about the safety of their lives and properties and be completely absorbed in the mainstream as they were earlier. (8) The beauty of Kashmir should be restored so as once again it can be called the paradise of Asia.

KASHMIR TODAY

When we utter the word Kashmir, one visualizes those beautiful snow peaked mountains, those frothy, rivers, lush landscapes, the Dal lake Shikaras, carpets, apples and beautiful flowers and last but not the least the Kashmiris with their beautiful heart and faces. Though the scenic beauty still exists there is a threat to the natural beauty and environment of the valley in the presence of the military who cut the trees to make their camps all over the rural areas of Kashmir and the same is true of the Kashmiri people today. Every Kashmiri soul is existing in the gloom of torture, insecurity, depression and anxiety. They say they do not know what their future is. They do not know whether they belong to India because of the way they are treated by the Indian security forces.

These are the people who fought for India during in 1965 and 1971. These are the people who are soft spoken, non-communal, peace loving and most hospitable. But today their hearts and homes are burning. They are denied democratic rights indirectly and subtly. Their younger generation is being crushed and destroyed under the guise of curbing militancy. What is the fault of the common Kashmiri? Why are they being ill-treated, hurt, abused and killed like this? Human rights are being violated in Kashmir by an Army which is supposed to be their saviour. Especially those of the Kashmiri women, who are facing the mental torture and or physical assault for just being either the sister, mother or a wife of a militants. They are interrogated, without concrete proof, on the suspicion of either giving shelter or food to the suspected militant or are dragged out of their homes, molested, tortured, threatened, abused and sometimes even killed. The only fault of these women is they are related to the militants or have given food to them. As a result of this more and more girls are prevented from going to schools as it is to even walk on the roads. The girls are getting married at much early age than before.

The gross human rights violation in the valley by the security forces is driving the average Kashmiri away from India. And we, belonging to this so-called democracy cannot ignore it. The whole of Kashmir is living in the shadow of fear psychosis. The human rights activists in Kashmir are intermittently picked up and killed. Anyone who tries to raise his or her voice against this oppression is not spared. The fact that the person may be a lawyer or a journalist or a trade unionist is little relevance. Those who are investigating the cases of atrocities are especially living under severe insecurity and suffer the most from depression and fear psychosis. Today the people of Kashmir are denied the basic facilities like education and health as half the schools are closed and are occupied by the military people. The people are not allowed to fight for their democratic rights as they cannot file an FIR against the security personnel. There are a variety of special acts applicable in the valley e.g. the Disputed Area Act. The Armed Forces Jammu and Kashmir Special Power Act. The BSF Act, and TADA etc. Because of these acts Army has all the power to kill anybody on the slightest suspicious and without the need of verification. Even the Supreme Court guidelines are not being followed.

SHORTFALLS

1. We had limitations regarding the number of days. We had only 6 days at our disposal.

2. We were unable to investigate a large section of minority communities as most of the Hindus had fled from the valley and not returned.

3. We were unable to meet government officials as there had been a bomb blast in the MLA hostel just on the day we reached Srinagar.

4. We could not meet the army officials as they were busy in security arrangement for the visit of Home Secretary Mr. Padmanabhaiah.

5. It was not possible to record the interviews on the audio cassettes as people were too terrified to record their testimonies.

6. We could not collect the documentary evidence of the Medical examinations of rape victims as they were not registered in the hospitals.

7. The same applied to the registrations of FIRs regarding the missing persons and victims of violence of the security forces.

8. The team could not visit Jammu and POK

The tale of a besieged nation

Article written by Dr. Ashish Ghosh - an EC member of AIPRF - following his solidarity visit to Jammu-Kashmir in November, 1997.

While the media in the main land propaganda that ubsequent to the assembly elections the people of Jammu and Kashmir were enjoying the peace and democracy. A short visit in the Valley revealed a different story. People are neither satisfied nor they accept the so-called democratic regime at the gunpoint of the Indian armed forces. They are expressing their ire in different agitational forms and on some occasions with their own initiative the people are taking struggle path without any call given by any organization in the valley.

On 4th November 1997 People observed a bandh (strike) all over the valley. While moving through the Jammu-Srinagar national highway by bus I saw the shop and markets downing their shutters enroute my journey. The bandh was in protest against the arrest of the top Hurriet leaders in Srinagar, when they were marching towards the headquarters of Special Operation Group (SOG). A wing of Indian armed forces in Kashmir, highlighting the limitless custodial killings in the valley. The bandh was observed spontaneously and the APHC has not given any call for it. This is the first experience that I got about Kashmiris participation with the politics of their Azadi. Though Farooq Abdullah claimed that APHC had lost its significance and popularity after the assembly elections in the valley last year, it is the people who answered rightly to his claim. Actually the bandh or hartal is now the main from of protest by which people express theie wrath and anger against the undemocratic regime. People observed bandh against any sort of human rights violation or any sort of army violence. People have no rights to take out procession to convene any meeting or to observe any demonstration democratically. These basic democratic rights are denied in their daily life. More than two persons are not allowed to move in the road at a time, particularly in Srinagar and in other towns of the Valley. I saw the general commuters in the road of Srinagar were being dictated by the security personnel patrolling in the road when Mr Yasin Malik JKLF Chairman, was arrested by STF. During such tense situation, the general commuter coming from other parts of the valley to Srinagar are not only thoroughly checked but also have to satisfy the armed forces regarding their purpose of visiting Srinagar. Every road connecting Srinagar with other parts of the valley are under strict vigilance of the armed forces. They are deployed at every junction of the roads. They are seen ready to fire with automatic rifle or machine gun from behind the bunkers, at the roadside. Bunkers are seen every where in the valley, more in Srinagar and other towns. Bunkers are so numerous that one can say that in Kashmir valley-between any two bunkers there is nothing but bunkers. In the roads most of the vehicles (nearly 80%) are army vehicles, some are special striking vehicles, only having the small windows for the barrels of the guns to peep out. Some are bullet proof and used usually to break the people's demonstration.

One important and usual thing is the checking and interrogation, coming out in the road you can see the Indian armed forces patrolling on the roads stopping the vehicles and the people on foot and checking the vehicle and frisking the pockets and the jobba of them. The ladies are also not spared from checking. From the border of the Punjab to reach Srinagar you have to cross more than ten check-posts of Indian army or other armed forces. The vehicles are stopped near check-post, commuters are out of the vehicles standing in a queue with their luggage in hand and armed men checking and interrogating one by one- is the general scene in the Valley. If you are a Kashmiri you will be given special attention and if you have a few thousands of rupees with you- you will be specially interrogated. During these checking - the personal diaries, papers are also thoroughly checked. Women are told to open their small bags. Even if she is clad with a burkha, she has to uncover her face before the armed men.

The civil life is on the verge of collapse. The people are terrorized that after 5 P.M. you don't find any one on the roads of Srinagar. In the afternoon people are seen at hurry to get the last bus to reach their home before 5 p.m. I asked an auto-Walla whether any change was observed by him or not after Dr. Farooq Abdullah took his office. He answered in negative. Even after the election it is the army rule that is gong on.

Entire valley is transformed into a battlefield. Army formed various operation wings after the formation of the so called unified command. These are Special Task Forces (STF). Special Operation Group (SOG) etc. There is no civil administration in Kashmir at all. Though the rule of the so called unified command is going on, the army and the armed forces are dominating on everything. Police are not seen engaged in any important job. They are like mere spectators. Actually army don't trust the J&K police. They consider the local police as the sympathizers of the movement. There are so many reports of violence of army even on the police personnel. The police revolt against such type of repression on them.

In April 1993 there was a big police mutiny after the death of a police constable in the Army custody. Though J&K crime branch told that it was the army, who were entirely responsible for his death, nobody was given any punishment. One APHC friend told me that judiciary had no power here. Though they can pass any order, no body is here to execute the judiciary. Army is the supreme authority here and things are under its control. It may be local judiciary, it may be bureaucracy or be the government it self! Army and the armed forces are given the full license to kill, to arson, to rape or molest women to blast the civilian houses to kill and torture the people in the custody. In the name of restoring peace and democracy they can do any thing what they want in the valley. Any time any place they may declare curfew. Any time any person maybe picked up for interrogation. One APHC friend told me that in the valley any time any thing can happen. We can't predict what extent they (army) can go. Nearly sixty thousand people were killed so far by the Indian armed forces in Kashmir.

In recent times also in last nine months more than two thousand civilians were killed in the valley. Hundreds of youth expired in the custody in recent times after inhuman tortures at the hands of armed forces. One person Mr. Abdul Aziz from Bandipora of Baramulla district described how they are facing the atrocities by Indian armed forces. His son is one of the members of a militant organization. Harkat-Ul-Ansar. So he and other inmates of his locality are now facing the army excesses. One of his daughters was killed after being raped: another daughter fled the house and her whereabouts are not known. All his horses were seized and his house was blasted by the Army. The inmates of his locality also faced the same. Their horses were seized, so that they could not continue the cultivation. There are thousands of stories of the Army atrocities in the valley.

On 20th October 1977 two young boys Meiraj-Ud-Din Shora and Shabir Ahmed Lori were picked up by BSF from Habba Kadal of Srinagar later they were killed in custody of SOG. In rural areas and in other towns of the valley i.e. Baramulla. Anantnag etc. the situation is worst than Srinagar. Utilizing the absence of media and human rights organizations the army run a reign of terror in remote areas of the valley. The women are facing the worst consequences of the army atrocities. During the search operation all the youth and men are told to gather at a particular place and the army starts the search operation in the locality. The women of the locality are raped and molested. There are thousands of reports on torture by Army on women in local newspapers both in Urdu and in English. One top APHC leader Mr. Syed Ali Shah Geelani told me that the condition of the rural areas is undescribeable. You can't predict what is going on in rural areas while moving in Srinagar. The spokesman of Hurriet Conference Prof. Abdul Ghani Bhat told me that the Indian Army is not only cruel they are now a corrupted lot. When ever they are about to confront with the armed youth, they give them apparently safe passage and after they flee, the army blast the houses of the general people killing the innocents. The very next day the news come in media. That the brave Indian army crushed the hide out of dreaded foreign mercenaries sent by ISI in some parts of Kashmir valley. That the Indian Army is now so corrupt the Army officers are taking money from the people after arresting any body. The officers demand some thousands of rupees for their release.

Intensity of human rights violation in the valley is such that even the Chief Minister admitted it subsequent to the killing of eleven civilians at Arin Bandipora. The State Times a local English daily, reported on 23rd September 1997. " Dr. Abdullah's remarks came four days after the killing of 11 civilians at Arin Bandipora on Thursday last. Stating that both his government and the Center would not tolerate human rights abuse. He cited a letter received from the Defence Minister informing about punishment awarded to an army officer for violation of human rights". With these scores of Human Rights violation and widespread violence and terror the Indian Army celebrated its fifty years in Kashmir on 26th Oct 1997.

On 27th Oct. Hurriet Conference gave a bandh call to observe black day condemning the fifty years of Indian occupation forces in Kashmir and there was almost total bandh in the valley on that day. The chairman All Parties Hurriet Conference was put under house arrest on Sunday in a bid to preempt from staging a demonstration to mark the 50 years of landing of " Indian troops in Kashmir". Actually people consider the Army in the valley to be the foreign occupation force who are dominating them for last 50 years. Nearly sixty thousands of Kashmiris have scarified their lives in an uneven war of 50 lakh Kashmiris against nearly 10 lakh Indian Armed forces. It was the design of Indian state that, along with the armed crack down on the movement of Kashmiris the formation of an elected state government could some extent confuse the people, in India and outside. The Indian rulers wanted to establish that Kashmir is actually part of India and people of Jammu and Kashmir are now accepting the Indian constitution and they could be satisfied with it. But it is the people who are answering rightly to this attempt of the Indian State and its army. People have now the clear understanding of Kashmir problem. They are now more brave and they do not have any fear to face the army. In every incident of army violence the neighbouring people gather instantly in hundreds and start protest demonstrations. Women's participation in these incidents is remarkable. Women, come out of their houses in the road take part in road blockade face lati charge, teargas even the bullets and engage in streetfight with the security forces. There are so many women's organizations in Kashmir. Some of them are Dokh Taran of Kashmir, Dokh Taran Milliat and Muslim Khawatin Markaz. These organizations take regular programme against human rights abuses and on the agenda of Azadi of Kashmir. Student's organizations are also strong in Kashmir. Some students organizations that regularly take part in the movement are- J&K students Association, Students Liberation Front, J&K Students organization and Jumiat Taleba etc.

The formation of the All Parties Hurriet (Freedom) Conference an umbrella organization of the 21 pro-independent organizations of the valley. Added a boost to the movement. Since its formation in July 1993, it has taken intense political program to propagate the politics of Azadi of Kashmiris. Where ever there is army violence the top leaders of APHC rushed to the spot and took demonstration, agitation with the people. They have the capacity to gather thousands of people. With this continuous political propaganda and exposure campaigns against the incidents of Army atrocities, with participation of people in protest demonstrations. The present J&K Government and the Army are great difficult continue their operation at their will. APHC's activities are not only widely covered by local media, it is now known in main land of India and in various international fora. Now APHC has been able to establish itself as the voice of the aspiration of the people of Jammu and Kashmir. With this extent of popularity of APHC and its agenda among the people, the Government of present J&K has taken two tactics.

On one hand they are propagating the lies and branding APHC as foreign agents having no mass support, on other and the security forces are being used to contain the APHC from its regular functioning. When the Army resorts to Violence or any sort of human rights abuse, the APHC leaders are put under either house arrest or simply arrested or indefinitely detailed.

On 27th October every year APHC observed black day condemning the day of 27th October 1947, on which the Indian occupation force came to Kashmir. This year, the day planned by APHC to observe as black day condemning 50 years of Indian occupation of Kashmir. A day before 27th October the security force tried to arrest all the APHC leaders. They put Mr. Umar Farooq, the chairman into house arrest. Other leaders including Mr Yasin Malik avoided the arrest and took part in the demonstration of "Indian occupation Forces quite Kashmir. Not finding Yasin Malik in his house the security forces ransacked the house. The DAWN reported on 26th October. Separatist organizations have been observing October 27 as a black day, police and paramilitary troops over night raided the houses of some half a dozen Hurriet leaders. All of them however, gave slip to the troops including Mr. Malik & Javed Mir.

On 3rd November 1997 APHC launched a protest agitation against the limit less custodial killings the valley. They planned to give a memorandum on the subject to the UN Military Observers office in Srinagar. But when they marched towards the Head quarters of the Special Operation Group (SOG), the leaders of APHC Yasin Malik, Javed Mir, Syed Ali Shah Geelani and Abdul Ghani Lone along with 41 activists were arrested. Mirwaiz Mohammad Umar Farooq dodging the security force reached the UN military observers office and submitted the memorandum. Against the arrest of the top leaders of APHC, the people observed a spontaneous bandh all over the valley on 4th November 97. The Kashmir Times, a local English daily reported - " Forty one activists of All Parties Hurriet Conference (APHC) including four top leaders were arrested by the police today when they were marching towards special operation group headquarters at Haft Chinar near Sher Garhi Police Station. Meanwhile, normal life was paralyzed in view of the spontaneous strike. No organization had called for the strike".

On 5th November 1997 at about 1.30 p.m. the STF and Police raided the central office of the JKLF and the residence of its Chairman Mr. Yasin Malik. They arrested nearly 14 leaders of JKLF and ransacked the office. Before courting arrests they severally beat up the leader and even not spared Mr. Yasin Malik who has been suffering from serious heart ailments and fractured his right arm. The MIRROR of Kashmir, a local English daily reported on 5th November 97. "Police and para-military troops in Srinagar today used force to break up anti- government protest, sparked by the arrest of top JKLF leadership. Scores of people in Maisuma locality of Srinagar took to street this afternoon following the arrest of pro independence Jammu and Kashmir Liberation Front (JKLF) leaders by Kashmir police Special Operation Group (SOG). People at Maisuma and neighboring Koker Bazar and Kawejeh Bagh came out on streets and raised pro-freedom and anti-government slogans. They demand release of Yasin and other pulled in from JKLF head quarters. Police swang into action and used batons against the protesting crowd. They even fired a number of tear caniters towards them injuring some four persons". The Greater Kashmir, an English daily reported : the JKLF view on this incident. On 6th November 97 they reported. "The JKLF spokesperson while condemning the raid and arrest said that the JKLF has always sacrified its leadership for the sake of the nation". JKLF will not deviate from the path shown by the patron and father of nation Martyr Maqbool Bhat, he said adding that such mean practices cannot break the valour of the JKLF activists. The Hurriet Conference condemned the incident and the top leaders including Mr. Abdul Gani Lone took part in the protest demonstration in Maisuma. They appealed to people to observe the next day a general strike and on the next day almost all over the valley there was bandh APHC leaders planned to continue agitation and propaganda for release of the JKLF leaders, but from the next day they all were put by police under house arrest and they were prevented from doing so by this means. This is democracy that is being practised by Dr. Farooq Abdullah and his government under the shadow of the guns of Indian Army.

The people are given no basic demonstration or human rights. The terror practiced by Indian Armed forces is in true sense unprecedented. Still the people of Kashmir are fighting and resisting the armed atrocities of the Army. They are now leading an uneven war. On one side there are 10 lakh armed forces and renegade militants. Farooq Abdullah and other renegades of the nation, on the other side the people and their organized will and aspiration for freedom.

In this uneven war who will win will be determined by people of Kashmir along with the fighting people of different parts of India. "How long will you continue the war". I asked, one APHC friend answered 'our war will continue till a single Kashmiri is alive. When all youth will be killed, the women will come forward when all women will be killed the aged will come forward, when all aged will be killed the children will come and continue the freedom struggle till the last Kashmiri'. END

Tales of torture and custodial killings:

Statement by WOMEN'S INITIATIVE BOMBAY:

A Fact-finding mission sponsored by Lawyers for from Human Rights, Bombay and Indian People`s Human Rights. Their report was printed in the Jammu based English daily, Kashmir Times, on 4th July, 1997

We are part of women's movement in Maharashtra. The purpose of the visit is fact finding. Our area of interest is situation of woman and children, as they are most vulnerable in such situations where BSF, Army, STF and Rashtriya Riffle (RR) etc are working together.

As a follow up of Women's Initiative in 1994, we decided to see people in the valley, with the help of contacts given to us by earlier teams.

As we went around in villages and towns we spoke to common people. Initially people did not speak but when we explained they open up. In certain places people have so much to tell that we had to say please stop we have to go on.

Plight of women

In their own houses women are not safe. Army, just forced open the doors and starts interrogating at the middle of the night. Men folk are separated. In the name of interrogation, they molest girls, harass them, in some cases they are raped. In one place women were raped from 3 different houses in the same night but they could not lodge the complaint as they are kept on watch. They have not been medically examined due to same reasons. One minor girl in such case, out of fear and being shy said she was "only" molested that night. Within few days she developed peritonitis and was operated for Cholesystectomy.

Torturing, molesting & raping in the name of interrogation has become away of life in some villages. They said we are smiling the day but scared and terrified the night. There can be crackdown any time, interrogation any time. If relatives had been militant some times and had been killed the poor women and girls become the target of the BSF and army and RR. (Rashtriya Rifles are called RR. The men from R.R say we are R.R because we are Raid and Rape).

Can such things happen in the biggest democratic country in the world?

Girls going to school and colleges don't feel safe they get teased, troubled, passed comments at eve. Teasing is common all over but in this place women cannot even say a word. Parents are also helpless. If she tells parents about the problems she faces, she has to leave the college, or school. Girls are got married off early these days. We even heard the stories that BSF (with the help of renegades) picks up girls from villages. Older women, children and other people are even used, as Human Shields during interrogations and raids. People who are Human Right activists are also troubled tortured and killed, without any reason. This is a phenomena of terror, where people are just caught and kill without investigation. Men are caught in their houses, troubled tortured and killed in front of their children, brothers and mothers. A small child who is watching all this is worried, scared and even angry. Children below 15 years have started using terms of Crackdown, interrogation, BSF, Army, RR. All these words are new to us.

Small children if they watch and listen to what BSF, STF is doing to their parents and dear ones, at the middle of the nights, what will be their reaction? Even in the broad day light if some one is caught and taken by BSF, the relatives and others in the Mohallas can't do anything. People don't know where about of their dear ones for long. FIR are not being lodged in Police Station people are running from the dead bodies of their sons and brothers who are killed on the spot, in the custody or any where else and since the FIR is not lodged they can't even move the count of leave. Even FIR, haebeus corpus is been filed - years have passed but those who are arrested are not produced or released for years. People, and women in particular, want peace in Kashmir. "Why do they trouble us like this. Why can't they catch the Militants if they want to? We are simple poor people". Highly educated and professionals are also not safe in this place. They feel that if they are not killed till today they will be dead any time. A pressman was also beaten.

Dr Kamaskshi Bhatay (Associate professor Medical college Mumbay), Dr Saumintra, Mrs Kittu Rani and Miss Hassena.

Cases of violation of human rights

Torture

Bashir Ahmed Kana aged about 40 years S/o Ghulam Ahmed Kana resident of Bona Mohalla, Fatha Kadal, was taken away from his home on the night of March 17, 1997, by personnel of security forces who refused to disclose their identity. The family suspects that the personnel who took him away belonged to Special Task Force of J & K police. The family members were told that Bashir Ahmed Kana was wanted for interrogation. Bashir Ahmed Kana returned home at about 11.30 am next day (March 16, 1997). He was suffering from severe pain. A local physician Dr. Abdul Majid examined him and advised hospitalization as he suspected serious internal injuries. Bashir Ahmed Kana died on his way to SMHS hospital on 19th March. The death certificate issued by the Surgical Unit III of SMHS hospital No: Misc-2/913, dated 17.5.1997, records presence of marks of violence and burns on the chest and abdomen of Bashir Ahmed Kana and internal bleeding. I have been told by the family that the local police Chowki at Bonamohalla have refused to register an FIR till date.

Custodial killing

The body of Abdur Rehman Baghwan was fished out of the Jhelum near, Cementkadal Kamarwari, on May 19, 1997. His body was in an advanced state of decomposition. His family was able to recognise him by a particular deformity in his left hand. Abdur Rehman Baghwan a 65 year old daily wage earner and father of several children was arrested from his home at Dangarpora, Narwara in Srinagar, at about 11 am on September 15, 1996 by the personell 48th BSF just a few days before the assembly elections. He was brought back to the locality by the BSF at about 4pm on the same day and taken to the house of one Javed Ahmed Wawa for unknown reasons. After that day the family had no information about him. FIR No: 6 dated 2.10.96, was lodged with the police station Safakadal.

Human shield

Muhammad Safi Lone is now in SMHS hospital recovering from bullet wounds on chest and right arm. He is a resident of village Budbugh, Tehsil- Handwara, District- Kupwara. He is about 17 year of age. According to Safi Lone, on the night of June 11, 1997 the Jawans of Indian army and RR went to their village for a search and cordon operation. The forces belonged to Mokom and Langate Camp. As the army suspected that militants were hiding in the nearby forest they forced several local youth to act as human shield for the army. These persons were forced on their knees and made to walk in the kneel-down position towards the forest, while the army Jawans hid behind them. In the ensuing exchange of fire, one village youth Akbar Wani was killed, Safi Lone was hit by four bullets. As the bullets did not enter his body he survived. The incident took place at about 1.30pm on June 12, 1997. Apparently in this exchange of fire on militant was killed. Safi Lone was brought to SMHS hospital at about 11pm on 12th June 1997 by one Md. Sultan, (No.232/B), Head constable of police station Panzala. He is now lodged in surgical unit IV, of SMHS hospital.

Destruction of homes

On June 12, 1997 the personnel of India army forced about 50 residents of village Waripora-Safapore, Tehsil Sonawari (Sumbhal), districr Baramula, to place explosive devices in the house of one Md. Sofi Zargar where two militants were hiding. The villagers were forced to approach this house despite heavy firing by the militants hiding in one of these houses. The house was reduced to rubble.

Later the army personnel burnt down eight more houses in the village. The villagers who lost their homes in this incident are (1) Abdul Rashid Zargar (2) Abdul Khalid Zargar (3) Ghulam Ahmed Zargar (4) Md. Safi Zargar (5) Ghulam Md. Zargar (6) Ghulam Rasool Zargar (7) Samad Zargar (8) Rahim Bhat (9) Wali Md. Bhat.

Tapan K Bose: Committee for Initiative on Kashmir, New Delhi

An open letter

by Balraj Puri, chairman, RAC

 Dear Editor,

The issue of Human Rights in Jammu and Kashmir State is not only a matter of utmost importance to its people and sensitive human beings in the rest of the country, it is also closely connected with India's international prestige. For Pakistan was able to internationalise Kashmir issue and placed India in embarrassing situation in many International fora, mainly on the basis of allegation of Human Rights violation in the State by the security forces.

For this reason the work done by independent judiciary, free press, National Human Rights Commission, and non-official Human Rights Organisations have played really patriotic role. However, one did expect that NHRC had played as active role in J&K as it played elsewhere. It has yet not released the report of a single inquiry of complaints of which it had taken cognizance.

It has not released the report of findings of its investigation treatment when it visited Doda in January, 1996. It had agreed to take cognizance of Charar-e-Sharif tragedy even after, receiving the version of the army, but further progress is not known. The appointment of the State Human Rights Commission, though welcome, is inadequate in many respects. In any case it does not make the work NHRC redundant because the latter has to cover the matters which are beyond the jurisdiction of former. The State Human Rights Commission is also inadequate for having deviated from the Central Act for the constitution of State Human Right Commissions.

The State Commission is headed by a retired Judge. According to law of the other States it must be headed by a former Chief Justice of the High Court and is to include another Judge of the High Court. That way the status of Human Rights Commission had been downgraded. The method of appointment of NHRC is itself under criticism, and the Commission itself is reported to be preparing an appeal to the Supreme Court to remove some of its constraints The National Commission wants to further reduce the authority of the ruling party in the appointment of its members. In the State the Selection Committee is headed by the Chief Minister and includes Minister of Home, Speaker of the Legislative Assembly, Chairman of the Legislative Council all of whom belong to the National Conference.

Though the law provides for inclusion of leader of the opposition in both the houses, in case of J&K there is no recognised opposition. In the central model law for the States there is no provision for appointment of a Police Officer as a member. But the State Commission includes a senior retired Police Officer. Further, the central law provides for inclusion of Human Rights activists and ex-officio heads of Commissions for Women, S/C, S/T and minorities. The State Government has nominated some members who have no background of Human Rights works. Finally, the Commission has no independent investigating agency nor can it punish any person.

With these limitations one is not sure how far the State Commission is able to establish its credibility. It is for the members to overcome the inherent limitations and prove by their conduct that their commitment to Human Rights is really genuine.

Kashmir Times, 26, Aug 1997

The plight of Kashmiri women

By Dr Ritu Dewan

The writer was part of a four member fact-finding team, which visited Indian-held Jammu-Kashmir in May, 1994. The following article is one of many written by Indian human rights activists and intellectuals on the treatment of Kashmiri women by the armed forces of Gandhi's India.

MUCH has been written on the situation in Kashmir. Yet, little, if anything, is known about the role of women in the AZADI movement. Much is also written about the position of women in Islam, yet nothing about the status of women in the only Muslim majority 'state' in India.

The Kashmir movement for self-determination could not have withstood the onslaught of State repression without the participation and support of women. Though the Kashmiri youth are the main targets of the State's anti-militancy offensive, women have been the targets of brutality and daily humiliation both directly and indirectly. Directly, both as punishment for the support to the struggle, as well as a means of breaking the movement itself. Indirectly, as their wives mothers, daughters, sisters and unmarried girls. The other burden comes from a patriarchal society. Caught between the two, women are the worst affected victims of the violence unleashed in Kasmir.

Kashmiri society has historically been based on Sufism, which gave relatively greater freedom to women. Triple Tallaq does not exist; in fact, Tallaq itself is looked down upon. The practice of four wives is unheard of. Widow remarriage is common. Rape was virtually unknown of in Kashmir at one time.

Since mid-1989, when the democratic AZADI movement took to armed-struggle and paramilitary forces entered civilian areas, state violence has affected every single aspect of people's lives. Over 30,000 men have been killed by security forces since then. Several thousand more are missing - taken for interrogation and not returned. There are innumerable stories of torture and murder. A new dilemma has arisen because of the creation of 'half widows', whose husband's are missing, but who cannot marry again.

Eleven thousand widows have been created in the last four and a half years. Few have been given any compensation. Most eke out a living by doing piece-rated work; the Waqaf boards give a meager amount as Eidi, but this is not enough for survival.

Rape has now become fairly common today, and Kashmiri society is unable to cope with it. Sons have rejected raped mothers, fathers have disowned daughters husbands have deserted wives. In some instances, militants have intervened and forced husbands to take back wives, but this is obviously no solution because these women continue to be ill-treated in their homes.

The incidence of rape is higher than what is reported, because of the associated stigma. As in Kunaan Poshpora in Kupwara, near the border, known throughout Kashmir as the "raped village". On the night of February 22-23, 1991, over 30 women and children were gang-raped by soldiers of the 5th Rajputana rifles. No marriage has taken place in Kunaan Poshpara since then. The victims have been deserted by their families. The experiences of Kunan Poshpora's women have been repeated over and over. Women are molested routinely by the para-military forces during searches. Pandit women who have remained in the Valley too face harassment from the forces. Some who worked as teachers in schools at some distance away have given up their jobs because of humiliation.

The relative freedom for women in Kashmir has also been threatened by certain Islamic militant groups. The Hizbul- Mujahidden declared that use of contraceptives and abortions were anti-Islamic, and put up banners to this effect. As a result no abortions take place in hospitals any more. Women now go to untrained and unqualified paramedical personnel, leading to septicemia and often death.

Yet no woman shows any despair. There is only anger, courage and tremendous dignity. The State is perceived as tke greatest creator not only of militancy but also of the widespread support to the AZADI movement. Direct experience of torture, loss of a loved one, molestation, daily humiliation at the hands of the security forces have fueled hatred against the State, and motivated men to pick up the gun, women to sustain the movement.

Our visit convinced us of the fact that the problem in Kashmir the attempted communalisation of what is essentially a question of self-determination. In the time that we traveled around, both in the Kashmir valley and the migrant camps in Jammu, we found so many instances of communal harmony - Pandit women with Muslim Rakhi brothers, unused Mandirs looked after by a Muslim caretaker, Muslims attending to Hindu funerals, collecting money for Hindu firing victims... This heritage must be protected, deepened and strengthened.

(Curtousy: Sunday Times of India)