HONAI: International Journal for Educational, Social, Political & Cultural Studies,

Volume 1(2), November 2018

Volume 1(2), November 2018

INAMUL HAQ

Kashmir Conflict and Human Rights Violation

ABSTRACT: Since from the ancient period, the valley of Kashmir has stood for peaceful observation,
intellectual advancements, and religious diversity. This diversity, evident from the blend of Islam,
Hinduism, Sikhism, and Buddhism in the state, made advancement of warfare rather than cultural
advancement. The insurgency in late 1980s and counter-insurgency from the Indian side in the valley
not only threatened Kashmir apart, but also laid its shakes on the rest of the world. The valley of
Kashmir is considered as the hazardous place on earth. Since the partition of India and Pakistan in
1947, the state of Jammu and Kashmir becomes an unresolved land. The people who live there has
been at the roots of constant tension between the world’s largest democracy (India) and its neighbor
(Pakistan). The uncertainty and lack of any conclusive resolution to the political dispute have left the
population of the state of Jammu and Kashmir divided and uncertain about their future. The land
of Kashmir, with immense beauty and tourist industry, disappear completely in the face of military
invasions and terrorist activities, and gave birth to human rights violations. This article, using the
historical method, qualitative approach, and personal and collective memories’ study, tries to elaborate
the Kashmir conflict with its implications, and to analyze the hidden truth of Kashmir, which created an
alienation among people, and becomes a major reason for the uprising in the valley. Besides that, the
article will present the abuses that are still prevailing in the Kashmir valley.
KEY WORDS: Kashmir Conflict; Insurgency; Torture; Enforced Disappearances.

INTRODUCTION hypothesis that people of valley supports

From July 09, 2016, the uprising after rebels, who carries the mission of freedom
the death of Buran Wani should be a from the Indian dominion (Ali, 2016;
matter of utmost concern not only for Dasgupta, 2017; and Haq, 2017a).
India, but to whole world. It changed the However, the approach adopted by
whole discourse of freedom movement of security forces provoked the every Kashmiri
Kashmir, which was at the merge of death. to come on roads and stage protests. The
People from whole valley protested against violence that once again emerged shows
the killing of Buran Wani and his two stronger than the previous one. The funeral
associates. From south to north, everyone of Burhan Wani presented a different
looks disappointed and gossips about the image on international level, and Burhan
death of Burhan Wani. His death proved the Wani was considered more dangerous

About the Author: Inamul Haq is a Ph.D. Candidate at the Centre for Gandhian Thought and Peace Studies, School of Social
Sciences, Central University of Gujarat, Gandhinagar, Sector 29, India. For academic interests, the author is able to be contacted via
e-mail address at: [email protected]
Suggested Citation: Haq, Inamul. (2018). “Kashmir Conflict and Human Rights Violation” in HONAI: International Journal
for Educational, Social, Political & Cultural Studies, Volume 1(2), November, pp.129-138. Bandung, Indonesia: Minda Masagi Press
owned by ASPENSI and STISIP Amal Ilmiah, Wamena, Papua, ISSN 2621-1653 (print) and ISSN 2621-3621 (online).
Article Timeline: Accepted (September 19, 2018); Revised (October 9, 2018); and Published (November 30, 2018).

© 2018 by Minda Masagi Press in Bandung, West Java; and STISIP AI in Wamena, Papua, Indonesia
ISSN 2621-1653 (print), ISSN 2621-3621 (online), and www.journals.mindamas.com/index.php/honai
129
INAMUL HAQ,
Kashmir Conflict

than alive. The world community gave degree north latitude, and 37.26 and 80.30
statements on solving the Kashmir dispute. degree east longitude. In the west, the state
The countries like Norway, China, New is bounded by Pakistan; in north east by
Zealand, United Kingdom, Saudi Arabia, China; by Afghanistan in the north west;
and Turkey demanded the both India and and in south by India. The area of the state
Pakistan to solve the dispute and pressurized is 85,806 square miles, and total population
India to stop human right violations (Wani stands for 1.25 crore, or 1,2541302 (Bhatt &
& Suwirta, 2013; Athialy ed., 2017; Haq, Bhargav, 2005; and Tabasum, 2012:5).1
2017a; and Khan, 2017). The conflict of Kashmir is deeply rooted
Those aware of Kashmir history would in the colonial history of the sub-continent.
be knowing that violence in Kashmir The dispute of Kashmir between India
valley generally tends because of state of and Pakistan is as old as the two countries
exception, which according to Giorgio themselves, dating back to the partion and
Agamben (2005), as cited also in Kenneth independence from Britain in 1947. At
Hemmerechts (2009), violence had become present, the parts of Kashmir are not only
a dominant paradigm of government occupied by India and Pakistan, but China
(Agamben, 2005; and Hemmerechts, 2009). also occupied some parts of it (Ganguly,
However, this argument was further carried 1990:57; Bose, 2003; and Choudary, 2010).2
out by Walter Benjamin in 1978, that law The state of Jammu and Kashmir
itself is a kind of violence that constitutes has Muslim majority population and
and maintains social relations by creating was variously ruled by central and west
a monopoly on force and coercion. The originating Mughal-Afghan dynasties. In the
state justifies lethal weapons, killings as a nineteenth century, the Britishers take it from
means of law making, or law preserving like Sikhs and sold to a Hindu Dogra Maharaja
war against terror, maintenance of law and Gulab Singh in the Treaty of Amritsar for
order. It is because state wants to establish seventy five Lakh Rupees. Thus, the valley
power through violence (cf Benjamin, of Kashmir witnessed the Hindu Dogra
1978; Benjamin & Osborne eds., 2000; and Maharaja Gulab rule from 1846-1947. The
Robinson, 2013). people led a miserable life and were treated
Same way, the Indian government as slaves. The imposition of heavy taxes,
employed laws like Public Safety Act (1978) capital punishment, and the constant terror
and Armed Forces Special Power Act (1990), was created by the Hindu Dogra Maharaja
which clearly shows that India uses laws Gulab’s against Kashmiri Muslims (Ahmad,
to maintain law and order; and to destroy 2010; Kaul, 2010:43; Wani, Suwirta &
internal or external political, ideological, or Fayeye, 2013; and Haq, 2017a).
security threats (AI, 2011; Haq, 2017a; and The origins of conflict of Kashmir lies in
Hoskote & Hoskote, 2018). the sub-continent’s partion, in 1947, created
This article, using the historical method, the independent states of India and Pakistan.
qualitative approach, and personal and With this, the hundreds of nominally
collective memories’ study (cf Johnson, independent princely states were absorbed
1982; Yow, 2005; Silverman, 2006; Creswell, into India and Pakistan. The Dogra ruler,
2009; and Shah, 2012), tries to elaborate the Maharaja Hari Singh of Kashmir, wants to
Kashmir conflict with its implications, such as: remain independent and refused to accede
the Road to Insurgency in Kashmir; Torture as
a Tool of Impunity; Enforced Disappearances;
1
See also, for example, “Census 2011”. Available
online at: http://www.census2011.co.in/census/state/
and Impacts on People. jammu+and+kashmir.html [accessed in Gandhinagar, India:
December 14, 2017].
FINDINGS AND DISCUSSION 2
In the entire state of Jammu and Kashmir, India has
occupied 43% of the region known as IOK (Indian Occupied
The Kashmir Conflict. The state of Kashmir); and 37% of the region is occupied by Pakistan
Jammu and Kashmir lies in the heart of which is known as “Azad Kashmir” or POK (Pakistan
Asia. It is situated between 32.17 and 36.58 Occupied Kashmir). The third part which China occupied
during 1963 War is known as “Aksai Chin”.

130 © 2018 by Minda Masagi Press in Bandung, West Java; and STISIP AI in Wamena, Papua, Indonesia
ISSN 2621-1653 (print), ISSN 2621-3621 (online), and www.journals.mindamas.com/index.php/honai
 HONAI: International Journal for Educational, Social, Political & Cultural Studies,
Volume 1(2), November 2018

to either nation (HRW, 1993:20; and Haq, differences through bilateral negotiations
2017a). In 1947, Maharaja Hari Singh faced and this agreement came to be known as
the armed revolt by Muslims from Poonch. Simla Agreement (Indurthy & Haque, 2010;
The revolt then spread in other parts of Singh, 2011:12; and Cheema, 2015).
Jammu and Kashmir. In order to stabilize the The Road to Insurgency in Kashmir.
situation, the Maharaja Hari Singh signed After Simla Agreement, the central
a still stand agreement with Pakistan (Jha, government attempted to control the
2003; and Ankit, 2010). political system of valley. However,
In August/September 1947, the situation the secessionist’s sentiments were alive
deteriorated and Kashmiri Muslims revolted among Kashmiri’s from 1947. In 1980, the
openly. The tribesmen from Pakistan’s north Islamization of Kashmir spread quickly, and
west frontier province also joined in the the theme “Islam is in danger” mobilized
armed insurrection. By the October 1947, the youth. The Islamic literature was being
the tribesmen capture the several towns and distributed to create awareness among the
massacred a large number of civilians and people and small pamphlets, like “Tragedy
advanced to capture the capital of valley of Kashmir” and “Kashmiris Fight for
(Jha, 2003; dan Hussain, 2009:1008). To Freedom” appeared in the valley created
crush the rebels from the state, the Maharaja frustration among educated people and
Hari Singh to seek assistance of India’s Prime created hatredness among them towards
Minister, Jawahar Lal Nehru, who agreed India (Tremblay, 1996/1997; and Haq, 2017a).
to send troops only if Kashmir formally The influence of Saudi emerged in 1979,
acceded to India. On October 27, 1947, by holding an Islamic conference in Srinagar
the Maharaja Hari Singh agreed to sign and setup the Jhelum Valley Medical College
the instrument of accession to India on the in 1980, through which the massage of
condition that Kashmir should be permitted radical Islam and communalism was been
to retain its own constitution (HRW, 993:20; spread in the valley. The establishment of
Ankit, 2016; and Haq, 2017a). Madrasahs (Islamic modern schools) from
In the same year, both India and Pakistan the early 1980s, also planted the seeds of
fought their first war on Kashmir dispute, Islamic fundamentalism in Kashmir from an
and India took the matter before the UN early age created irritation among Muslims
(United Nations). With the intervention of and they adopted the way of violence,
UN, a cease-fire agreement was signed on which come in the form of insurgency
January 1, 1949 (Hussain, 2009:1008; Wani (Pandita, 2003; and Bakaya & Bhatti, 2005).
& Suwirta, 2014; and Nawaz, 2018). The spread of modernization and
In 1965, once again both the countries communication created a political conscious
went to war over Kashmir and divided the among Kashmiri educated and ambitious
old LoC (Line of Control) of Jammu and youth, and they got dissatisfied with the
Kashmir into four political units, namely: political system of the valley. The rise of
Jammu and Kashmir, ladakh (Indian unemployment in the valley also gave
occupied Kashmir); Azad Kashmir (Pakistan a wide spread frustration among youth
occupied Kashmir); the Northern Area against their leaders and policies of central
administered by Pakistan; and Aksai-Chin, government (Ganguly, 2007; Guler, 2017;
controlled by China (Hussain, 2009:1009; and Haq, 2017a).
Choudary, 2010; and Haq, 2017a). In 1986, an accord was signed between
In January 1966, Tashkent Agreement Indian Prime Minister, Rajiv Gandhi, and
was signed between India and Pakistan, and Farooq Abdullah, Chief Minister of Jammu
both countries decided to solve the Kashmir and Kashmir, which was widely criticized in
dispute through peaceful negotiations. In the state and was considered as a betrayal
1972, another agreement was signed after of Kashmiri interest. This accord generated
the war, and both countries decided to end bitterness and revolt among young educated
their conflict and resolved to settle their Kashmiri Muslims against the India and

© 2018 by Minda Masagi Press in Bandung, West Java; and STISIP AI in Wamena, Papua, Indonesia
ISSN 2621-1653 (print), ISSN 2621-3621 (online), and www.journals.mindamas.com/index.php/honai
131
INAMUL HAQ,
Kashmir Conflict

adopted the path of violence (HRW, 1993:21; JKLF (Jammu and Kashmir Liberation Front),
Ganguly, 2007:310; and Haq, 2017a). which was active from 1964. In 1988, the
These are primary reasons, which created wide protest began in the valley along
the environment of insurgency. Besides that, with anti-India demonstration resulted into
there are major misfortunes that played strikes, arrests, and torture by the police. The
a great role in insurgency. Among them is turning point was the kidnapping of Rubbia
the inflexible election of 1987, in which a Sayeed, daughter of Mufti Mohammad
new party namely MUF (Muslim United Sayeed, on December 8, 1989, in exchange
Front) takes part. The MUF, which had for the release of five JKLF leaders (Puri,
the support of pro-independence activists, 1993; Schofield, 2003; and Haq, 2017a).
Islamic fundamentalists, and many frustrated After the event, Indian government
Kashmiri youth, contested the election for launched a massive crackdown on the
State Assembly. There was a widespread militants. With the resignation of Farooq
loophole in the vote count, and MUF were Abdullah, the Governor rule was imposed in
defeated as they were considered dangerous the valley on January 19, 1990, and former
by the Indian state (HRW, 1993:21; Teng & Governor, K.V. Krishna Rao, was replaced
Gadoo, 1998; and Chenoy, 2001). and Jaghmohan Molhotra was appointed
In this election, at least seventy five as new Governor. From the first day of his
percent polling was recorded in the state appointment, security forces opened fire
which is considered as highest ever in the on crowd of unarmed demonstrators killing
valley. The collusion of National Conference fifty three civilians on January 20, 1990,
and Congress claimed sixty-six seats. MUF commonly known as “Gawkadal Massacre”,
had contested on forty-four seats and won by which insurgency spread in whole
only four. In this context, Balraj Puri (1993), Kashmir (HRW, 1993:22; Schofield, 2003;
as cited in Victoria Schofield (2003) and and Haq, 2017a).
Inamul Haq (2017a), stated that the result of Torture as a Tool of Impunity. In
elections gives strength to the fundamentalist 1990s, with the appointment of Jaghmohan
forces in the valley (Puri, 1993; Schofield, Molhotra as a Governor, on 19 January 1990
2003:137; and Haq, 2017a). – 26 May 1990, gives birth to massive human
It is noteworthy that BJP (Bharatiya rights violations. The security forces carried
Janata Party) and Congress opened their out a ruthless campaign of terror against the
accounts in the valley and gives challenge people, who are fighting for their freedom
to MUF, who was considered as emerging or self-determination. Unrestricted arbitrary
party in the valley. The leaders of the MUF powers were given to the security forces to
were trying to change the political system by suppress the movement in the valley. As a
democratic and peaceful methods, instead of result, thousands of Kashmiri were killed,
that guns were handed to them. They were injured, prosecuted, or arrested (Khan, 2015;
arrested and tortured in jails, and the result Yaqoob, 2016; and Haq, 2017b and 2017c).3
of this was that militancy (terrorism) grew India government describes the
in Kashmir. The another reason of militancy insurgency as law and order problem;
was the lawlessness in the region by which and in order to deal with the situation,
economic situations got worse and created several oppressive laws have been put into
a spiral of violence, causing many young force, which becomes a great reason for
educated and unemployed youth to join the the Human Rights violation in the valley.
militant ranks (Kazi, 2007; Yaqoob, 2016; Among such laws include the Jammu and
and Haq, 2017a). Kashmir Disturbed Area Act in 1990; Armed
The increasing insurgency in the valley Force Special Power Act in 1990; and Public
was the consistent failure of democracy. Safety Act in 1990, which suppress the basic
After elections, a candidate of MUF later on liberty in Kashmir (Mohiuddin, 1997:75;
became chief patron of Hizb-ul-Mujahedin. 3
See also “Rape in Kashmir a Crime of War” in Asia
Most of the educated youths joined the Watch and Physicians for Human Rights, Volume 05(9).

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 HONAI: International Journal for Educational, Social, Political & Cultural Studies,
Volume 1(2), November 2018

Bakaya & Bhatti, 2005; Haq, 2017a; and 2003; Imroz et al., 2012; and Haq, 2017a).
Hoskote & Hoskote, 2018). These groups also were acted like Salwa
The security forces used different forms of Judum of Chhattisgarh. The number of these
torture in the valley. Besides that crackdown, parallel militia groups of valley is greater
arson, and burning of shops and houses than Chhattisgarh. The Jammu and Kashmir
became a custom of Indian security forces. Coalition of Civil Societies has reported that
Custodial killing, arrest without warrant, were young boys of valley continue to be arrested
the tools adopted by the forces (Schofield, and subjected to torture and harassment.
2003; AI, 2011; and Haq, 2017b and 2017c). In March 2011, Margaret Sekaggya, the UN
In August 1992, an operation was carried (United Nations) Special Rapporteur on
out by Indian security forces in the valley Human Rights Defenders, stated that Police
known as “Operation Tiger”. The main used to detain the people and beat them
characteristics of this operation were to do mercilessly and torture, killing and custodial
surprise raids and search operations designed deaths by Police and Para-Military Forces
to catch and kill. This operation was were prevalent in the valley (cited in IDMC,
considered as brutal measure adopted by 2007; and Haq, 2017a).5
Indian government, in which the execution The group of Interlocutors set up in
of the detainees increased to a greater October 2010, by Central Government,
extent. The other operations were carried states that the people of valley feared
out in the valley having code names, like oppression by the hands of security forces,
“Shiva”, “Eagle”, and “Cobra”. The main police, armed groups, and militants. The
goal of these operations was to create an coercive methods of torture are used by
intense fear among the people of valley, state actors in order to crush insurgents,
who were demanding separation from the while as non-state actors used torture to
India (HRW, 1993:22; Goodhart et al., 1995; pressurize the state machinery. The innocent
and Haq, 2017b and 2017c).4 civilians became targets of both state actors as
The secessionist movement in the valley well as non-state actors. In state actors, there
got support from the locals in every way. comes security forces and police; and newly
The security forces suspects every individual formed Ikhwan-ul-Muslimin (Renegades) and
as the supporter of militants. In order to militants (terrorists) form the group of non-
find out, they took anyone in the custody state actors (Swami, 2010; AI, 2011; Jacob,
and tortured him. It is a practice to reveal 2016; and Haq, 2017b and 2017c).
information about suspected militants or to Enforced Disappearances. According
confess to militant activity. It was also done to the Declaration on the Protection of
to those who created a climate of political All Persons from Enforced Disappearance,
domination (PHRAW, 1993; Tremblay, proclaimed by the General Assembly in its
1996/1997; and AI, 2011). resolution 47/133 of 18 December 1992,
After insurgency, Indian government states that an enforced disappearance
took strict methods in eliminating the occurs, when persons are arrested,
movement of succession in the valley. They detained or abducted against their will
used other groups like Ikhwan-ul-Muslimoon or otherwise deprived of their liberty by
(Renegades), Muslim Mujahedeen (Struggle), officials of different branches or levels of
VDC (Village Defense Committees), government, or by organized groups or
and SPO (Special Police Officers), who private individuals acting on behalf of,
played a central role in torture without or with the support, direct or indirect,
any accountability. These groups are not consent or acquiescence of the government,
recognized officially, and Indian government
used them as a shield for prosecution (Bose, 5
See also “Human Rights Violations in Jammu & Kashmir:
A Report” in Outlook Magazine. Available online also
4
See also “India's Secret Army in Kashmir: New Patterns at: http://www.outlookindia.com/article/Human-Rights-
of Abuse Emerge in the Conflict (1996)” in Human Rights Violations-in-Jammu--Kashmir--A-Report/211099 [accessed in
Watch, Volume 8(4c), pp.1-54. Gandhinagar, India: December 14, 2017].

© 2018 by Minda Masagi Press in Bandung, West Java; and STISIP AI in Wamena, Papua, Indonesia
ISSN 2621-1653 (print), ISSN 2621-3621 (online), and www.journals.mindamas.com/index.php/honai
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INAMUL HAQ,
Kashmir Conflict

followed by a refusal to disclose the fate Kashmir face lot of problems in all ways.
or whereabouts of the persons concerned They face psychological torture more than
or a refusal to acknowledge the deprivation physical torture, and women are the most
of their liberty, which places such persons victim of this torture. The disappearance
outside the protection of the law (cited in of their sons, brothers, fathers, or husbands
Crew, 2008; IHRLC, 2014; and Haq, 2017a).6 shattered their dreams and psychologically
The International Convention for the distracted. They are the patients of trauma
Protection of All Persons from Enforced and blood pressure, and also faces problems
Disappearance defines as following here: in every section of their life whether
physically or economically. The youth also
[…] an enforced disappearance as: the arrest,
detention, abduction or any other form of became the victim of torture. Their potential
deprivation of liberty by agents of the state or was destroyed and distracted from the real
by persons or groups of persons acting with the image of life; and gun was given in their
authorization, support or acquiescence of the
State, followed by a refusal to acknowledge hands, which creates chaos and confusion in
the deprivation of liberty or by concealment the valley (Qutab, 2012; Jahangir & Shafi,
of the fate or whereabouts of the disappeared 2013; and Haq, 2018).
person, which place such a person outside the
protection of the law (IHRLC, 2014). Impacts on People. The conflict of
Jammu and Kashmir in 1989, with a political
The presence of military personnel’s demand of self-determination, has been
in the valley created a fear, threat, and met with a brutal response of state and has
insecurity among people. The disappearance claimed gross human rights violation. The
of thousands of Kashmiri youth has made a oppressive response used by Indian state
measurable economic and mental impact. to suppress the movement is torture, rape,
The earning members of the family who enforced disappearance, custodial deaths,
goes missing from insurgency leaving behind and burning of houses in the valley, violence
half-widows. There is no accurate number of laid its impacts deeply in the social life.
half-widows as per Pervez Imroz, a Human After insurgency, all these violence’s had a
Rights Activist and Lawyer of Srinagar High serious effect on mental and physical health
Court, argues that their number ranges in all Kashmiri in all groups, classes, and
between 1,000 – 1,500 (cited in Imroz et al., communities in all areas from last twenty
2012; Hassan & Shafi, 2013; Qayoom, 2014; five years (Noorani, 2002; Farasat, 2013;
and Haq, 2017a).7 and Haq, 2018).
The members picked on suspicion by The depression is considered as most
security forces leading to mental torture for important feature of mental health. It has
the whole family. The half-widows do not been analyzed that people in the valley
know about their husbands, whether they are face depression at individual and collective
dead or alive, and lived on the hope that one level. Due to depression, most of the people
day, they may return home. Many women, take drugs. A survey conducted by Action
whose husbands have disappeared, prefer Aid International in Kashmir, in 2000-
to wait for them and do not remarry for the 2001, according to them, 59.30% males
fear of social isolation (Shafi & Hassan, 2013; and 39.50% females were suffering from
Qayoom, 2014; and Haq, 2018). depression and hypertension (Amin & Khan,
After the insurgency, the people of 2009; and Haq, 2017a and 2018).
After 1990, anxiety emerged as social-
psychological problem in Kashmir after
6
See also “International Convention for the Protection of
All Persons from Enforced Disappearance”. Available online counter-insurgency measures adopted by the
at: https://www.ohchr.org/Documents/ProfessionalInterest/ security forces. This created the feeling of
disappearance-convention.pdf [accessed in Gandhinagar,
India: June 8, 2018].
insecurity among individuals. In the valley
7
See also, for example, “Torture Trial: A Documentary usually no one is sure to return home safely
Prepared by Pervez Imroz”. Unpublished Report. Available online in the evening. The environment of torture,
also at: https://www.youtube.com/watch?v=-FdpaLuqOig
[accessed in Gandhinagar, India: December 14, 2017]. killing, and disappearances of Kashmiri

134 © 2018 by Minda Masagi Press in Bandung, West Java; and STISIP AI in Wamena, Papua, Indonesia
ISSN 2621-1653 (print), ISSN 2621-3621 (online), and www.journals.mindamas.com/index.php/honai
 HONAI: International Journal for Educational, Social, Political & Cultural Studies,
Volume 1(2), November 2018

youths led to psychological problems in newspaper of Greater Kashmir. Available

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news/2010/Jul/13/the-day-we-can-t-forget-34.asp
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