Abdul Basit Alvi
India is home to a diverse array of religious communities, encompassing Hindus, Muslims, Christians, Sikhs, Buddhists, Jains, and others. Despite constitutional guarantees of fundamental rights for all citizens, irrespective of their religious or ethnic background, there are growing concerns about human rights in India due to incidents of discrimination and violence against religious minorities.
A discernible trend of discrimination against religious minorities, especially Muslims and Christians, is evident in various policies and incidents. These include instances of violence, forced conversions, discriminatory laws, and restrictions on religious practices. Events like the 2002 anti-Muslim violence in Gujarat and religiously motivated lynchings have heightened worries about the safety of minorities. Controversies surrounding citizenship, such as the National Register of Citizens (NRC) and the Citizenship Amendment Act (CAA), have fueled debates on their potential impact on religious minorities, particularly Muslims.
Anti-conversion laws in several states, ostensibly aimed at preventing forced conversions, are being misused to target religious minorities, particularly Christians and Muslims. These laws have raised concerns about freedom of religion and the right to propagate one’s faith. Allegations of human rights violations against minorities in India have garnered international attention, leading to diplomatic discussions and global debates.
The situation in occupied Jammu and Kashmir is even more distressing. The region has been a longstanding point of contention, marked by historical complexities, regional tensions, and varying narratives. Recent years have seen international attention drawn to human rights violations and atrocities committed by Indian security forces in the region, especially after the abrogation of Article 370 in August 2019.
Accusations against Indian security forces include extrajudicial killings, enforced disappearances, torture, arbitrary detentions, and the use of pellet guns causing civilian casualties. Despite India’s insistence that security operations are essential to counter terrorism and maintain law and order, international entities and human rights organizations have accused Indian security forces of atrocities. Calls for an independent and impartial investigation into reported human rights abuses have been made by some nations and organizations.
Addressing the allegations is challenging due to difficulties in independently verifying claims, stemming from media restrictions and communication blackouts imposed by the Indian Army in the region. This lack of transparency has fostered skepticism and uncertainty about the true extent of human rights violations. Beyond political and diplomatic concerns, the allegations of atrocities raise significant humanitarian issues, particularly regarding the well-being of the civilian population, including women and children. India has failed to ensure the protection of human rights in occupied Jammu & Kashmir, emphasizing the urgency for a thorough and impartial examination of the situation.
The situation in occupied Jammu and Kashmir worsened following the abrogation of Article 370. On August 5, 2019, Prime Minister Narendra Modi’s Indian government took a controversial step in revoking Article 370 of the Indian Constitution, causing significant implications for the state. Article 370, integrated into the Indian Constitution in 1949, provided special autonomy to Jammu and Kashmir, allowing it to have its constitution, autonomy over internal administration, and limited legislative powers. The decision aimed to eliminate the special status of the region, integrating it more closely with the rest of India. The government argued that Article 370 had impeded development, hindered national integration, and fostered a sense of isolation with a separate set of laws for Jammu and Kashmir.
This move led to the reorganization of Jammu and Kashmir into two separate Union Territories – Jammu & Kashmir and Ladakh, marking a significant shift in governance structure. The scrapping of Article 370 also nullified Article 35A, which granted the state legislature the power to define ‘permanent residents’ and accord them special rights and privileges. The political landscape underwent substantial changes, including the dissolution of the assembly and elections conducted under the new Union Territory framework.
The international community expressed concerns about human rights, political freedoms, and potential regional instability following the abrogation. However, Indian leaders consistently asserted the normalcy of the situation in Jammu and Kashmir, emphasizing positive transformations, peace restoration, and development. Despite claims of improved security and economic development, allegations of extra-judicial killings and atrocities persist.
Leaders, including Prime Minister Narendra Modi and Home Minister Amit Shah, underscore the importance of stability and progress. They highlight strengthened security measures, increased troop presence, and targeted operations against militant groups, citing a decline in violence and terrorism as indicators of improved security. Indian leadership also emphasizes economic development through initiatives like “Back to Village” and “My Town My Pride,” showcasing efforts to stimulate growth and enhance the quality of life. However, attempts such as organizing G20 meetings in Srinagar and hosting festivals and anniversaries aim to project a sense of normalcy in occupied Jammu & Kashmir, despite skepticism surrounding these claims.
The actual situation starkly contradicts the misleading assertions of the Indian Government. Since August 2019, instances of extrajudicial killings, enforced disappearances, arbitrary detentions, sexual and gender-based violence, and constraints on freedom of expression and religion have surged, dispelling any notion of normalcy. In the occupied territory, the only prevailing normality is the normalization of violence. The global Kashmiri community insists on the resolution of the Kashmir dispute based on United Nations Security Council resolutions, granting the people of Kashmir the right to self-determination.
As part of what India terms the ‘final solution,’ the Indian Government not only imposes demographic changes on Jammu and Kashmir but also perpetuates the fallacy of normalcy under the guise of promoting trade and tourism in the Indian Illegally Occupied Jammu and Kashmir (IIOJ&K), violating international law and Security Council resolutions. India’s attempt to host a G20 tourism meeting in Srinagar amidst intense security measures failed to reflect any semblance of normalcy, with a UN Rapporteur remarking that India was “seeking to normalize… military occupation.”The persecution faced by the Kashmiris in occupied Jammu and Kashmir stems from their ethno-religious identity. The campaign of oppression is driven by the ‘Hindutva’ ideology, which asserts Hindu religious and ethnic supremacy while fostering hatred against Muslims. India’s disinformation campaign in Kashmir is further fueled by Islamophobia. Considering the ongoing massive human rights violations, including the potential for genocide, the absence of peaceful dialogue for the resolution of the Jammu and Kashmir dispute, and the persistent threat of conflict between two nuclear-armed states, the international community must not overlook the situation in Jammu and Kashmir and the associated threat to global peace and security. Millions of Kashmiris have endured prolonged suffering, and they now demand a peaceful resolution to the conflict. It is imperative to dispel the myth of normalcy and make peace a new normal.
Contrary to the unfounded claims of normalcy, the Indian government and its army are implicated in the custodial killings of innocent Kashmiris. In a recent incident, three Kashmiris were reportedly tortured to death while in army custody in Indian-occupied Kashmir (IOK). Locals accused army personnel of subjecting civilians to severe torture in a military camp, leading to widespread anger. Videos depicting the alleged torture circulated online, prompting authorities to cut off internet services in Poonch and Rajouri, a tactic to prevent protests and hinder video dissemination. Past incidents, including the killing of three individuals in Shopian, further fueled resentment against India and its army in Occupied Jammu and Kashmir.
Former Chief Minister of Indian Occupied Kashmir (IOK), Mehbooba Mufti, has expressed distress over the recent killings. Speaking to the media in Srinagar, as reported by the Kashmir Media Service, she characterized the actions of Indian troops as the “worst kind of state terrorism in the territory.” During a search operation, soldiers reportedly detained 15 individuals, with three facing brutal torture and martyrdom, while the remaining 12 sustained serious injuries and were admitted to hospitals. Mufti highlighted the emergence of “heartbreaking videos” depicting Indian soldiers allegedly throwing young people down and applying chilli on their wounds. She painted a grim picture of IOK, describing it as an open prison where thousands, including imams, lawyers, and journalists, are incarcerated, and employees are being terminated from their jobs. These voices resonate from within both India and Occupied Jammu and Kashmir.
Kashmiri Leaders are also refuting Indian claims of normalcy in Occupied J & K. Ghulam Ahmed Gulzar, a senior leader of the All Parties Hurriyat Conference (APHC), currently under detention, accused India of attempting to mislead the world and deceive ordinary Indian citizens about the ground situation in the illegally occupied region. Gulzar’s statement was prompted by recent assertions from Indian Army’s Northern Commander, Lt General Upendra Dwivedi, who claimed an improvement in the situation post the abrogation of Article 370. Gulzar dismissed claims of normalcy as self-deception and blatant lies. Mehmood Ahmad Saghar, the Convener of APHC-AJK chapter, stated in Islamabad that Indian troops are escalating atrocities in the region, killing innocent youth during so-called cordon and search operations. Another APHC-AJK leader, Altaf Hussain Wani, demanded an independent probe into incidents of extra-judicial killings of Kashmiri youth.
Meanwhile, the US Commission on International Religious Freedom, in its report, expressed concerns that religious freedom and related human rights in India are in jeopardy, with government policies failing to safeguard religious minorities. The report highlighted the negative impact of Indian government policies on Muslims, Christians, Sikhs, Dalits, and Adivasis.
Subsequently, there was another development where the Indian Army relocated three officers, including a brigadier, pending an investigation into the custodial deaths of three civilians. These individuals were taken in for questioning after the December 21 ambush that resulted in the killing of four soldiers and injuring three others. As per reports, while a court of inquiry is underway, the Indian Army transferred the three officers—a brigadier, a colonel, and a lieutenant colonel—from Poonch.
As compared to Occupied J & K the people in AJK enjoy greater independence, with the freedom to live and work anywhere in the state and Pakistan independently. The journey toward normalcy in AJK commences with the establishment of a stable and secure environment. Proactively striving for political stability, the region ensures that its residents can construct their lives without the disruptions of conflict. Families thrive, communities flourish, and the essence of normalcy is ingrained in the peaceful atmosphere. In AJK, the pursuit of normalcy translates into granting residents the freedom to lead fulfilling lives. Unlike occupied Kashmir, AJK offers a space where families can establish homes, children can pursue education, and communities can coexist harmoniously. This freedom to live is the bedrock of a society that values peace and treasures the diversity characterizing the region. Normalcy in AJK extends to the economic sphere, where residents enjoy the liberty to work and prosper. Local initiatives aimed at boosting industries, encouraging entrepreneurship, and attracting investments have opened up a range of employment opportunities. Whether in agriculture, tourism, or other sectors, individuals in AJK have the autonomy to explore diverse avenues for economic independence. AJK takes pride in its rich cultural tapestry, where various ethnic and religious communities come together in harmony. The freedom to embrace cultural traditions and celebrate shared histories fosters a sense of identity and unity among residents. Festivals, traditions, and cultural events contribute to a vibrant landscape that epitomizes the region’s dedication to normalcy. The breathtaking natural beauty of AJK has positioned it as an emerging tourist destination. Tourism not only showcases the region’s splendor but also acts as a catalyst for economic independence. The freedom to explore entrepreneurial ventures in the tourism sector empowers locals, providing opportunities for economic growth and contributing to the overall prosperity of AJK. While the Indian Army is involved in actions resulting in the loss of lives in occupied J & K, the Pakistani Army is actively engaged in the welfare of the people in AJK. This stark contrast serves as an eye-opener for those supporting India, advocating for an independent Kashmir, and comparing Indian Occupied Kashmir with Azad Jammu & Kashmir.
If the situation is genuinely normal in occupied Jammu and Kashmir, India should address some pressing questions. Why is India implicated in custodial killings of innocent Kashmiris, labeling them as terrorists without conducting a fair and transparent investigation? The removal of senior Indian Army officers raises further concerns about the incident. If everything is indeed normal, why do Modi and other Indian political leaders not openly address the public in J&K, while in Azad Jammu and Kashmir, Pakistani and Kashmiri political leaders freely hold public gatherings and deliver speeches?
Readers, the reality is evident to the world: the situation in Occupied Jammu and Kashmir is far from normal. The people of Jammu and Kashmir express their desire not to coexist with India, favoring Pakistan as their natural choice. India should cease the charade of projecting normalcy in occupied Jammu and Kashmir and acknowledge the truth that it cannot suppress the voice of Kashmiris despite all the atrocities. India must be compelled to adhere to the resolutions of the United Nations, granting the right of self-determination to the people of Kashmir.