For the first time since the inception of popular armed uprising against Indian rule in Jammu and Kashmir in 1989, two leading human rights groups have named 500 “alleged perpetrators”— including two Major Generals and three Brigadiers of the Indian Army besides many other serving officers and soldiers — involved in killings, fake encounters, torture, rape and other serious crimes like abduction and enforced custodial disappearances in the disputed Himalayan region.
After the discovery of about 6,000 unmarked and mass graves in different parts of the Kashmir Valley not that long ago, the latest report could finally ‘embarrass’ the “world’s largest democracy”.
According to International Peoples’ Tribunal for Human Rights and Justice in Indian-administered Kashmir (IPTK) and the Association of Parents of Disappeared Persons (APDP) — two leading human rights bodies operating in the Valley — their report is the outcome of two-year-long painstaking research.
“Out of 214 cases a list emerges of 500 individual perpetrators, which include 235 army personnel, 123 paramilitary personnel, 111 Jammu and Kashmir Police personnel and 31 Government backed militants/associates. Among the alleged perpetrators are two Major Generals and three Brigadiers of the Indian Army, besides nine Colonels, three Lieutenant Colonels, 78 Majors and 25 Captains. Add to this, 37 senior officials of the federal Paramilitary forces, a recently retired Director General of the Jammu and Kashmir Police, as well as a serving Inspector General,” the report alleges.
“By naming names the report seeks to remove the veil of anonymity and secrecy that has sustained impunity. Only when the specificity of each act of violation is uncovered can institutions be stopped from providing the violators a cover of impunity,” the report further says. The institutional culture of moral, political and juridical impunity has resulted in enforced and involuntary disappearance of an estimated 8000 persons (as on Nov 2012), besides more than 70,000 deaths, and disclosures of more than 6000 unknown, unmarked and mass graves. The last 22 years have also seen regular extra-judicial killings punctuated by massacres. The Gow Kadal (Srinagar) massacre of around 50 persons on 21 January 1990 and other mass killings discussed in this report are symbolic reminders of the persistent human rights violations in Jammu and Kashmir,” it adds.
The 354-page report released on December 6, 2012 in Srinagar by these groups also accuses India of institutionally ‘obstructing justice’. India has all along been dismissing allegations of such serious nature against its armed forces by saying that the unfortunate acts are a mere “aberration” and “error in judgment” on part of some individual soldiers, not a matter of policy.
But Khurram Parvez, one of the co-authors of the report, told Dawn that the Indian State has used its various institutions in Jammu and Kashmir – judicial and otherwise – in a sophisticated manner to “continue its control over territory”. “This fits in with the State’s policy and design in Jammu and Kashmir. The State has ensured a lowering of the standard of the serious human rights discourse. Our analysis of the cases in this report clearly evidences this. The State on occasion allows for the filing of FIR’s (First Information Reports), or ordering investigations but it will not allow prosecutions despite information being present,” Parvez writes in response to our questionnaire.
Asked how confident his group was about the findings of the report, he writes: “We are confident of our documentation and analysis in this report. We intend to engage on this report with international rights groups and UN working groups and Special Rapporteurs. We will use this [report] to build awareness in India and internationally regarding the processes of injustice in Jammu and Kashmir.”
Programme coordinator of the Jammu and Kashmir Coalition of Civil Society (JKCCS) and Tribunal Liaison, Parvez, hopes that the international community will take notice of their group’s report.
The other authors of the report are Kartik Murukutla, who has worked in a UN tribunal in Rwanda for five years, and leading human rights activist in Kashmir, Parvez Imroz.
The authors of the report have a word of caution, though: “The IPTK cannot conclusively pronounce on the guilt of any of the alleged perpetrators, but it is clear that enough evidence exists to warrant further action. However, in the absence of any institutional or political will to take the evidence to its natural conclusion – a trial where the crime and the guilt of a perpetrator can be proven beyond reasonable doubt – the Indian State stands indicted,” read the contents of the report’s executive summary.
How significant are the findings of this report released by IPTK and APDP? When I posed this question to Anuradha Bhasin, executive editor of Jammu and Kashmir’s oldest English daily The Kashmir Times, she had this to say: “Well, I feel this report is significant because the groups have used the information from the same government that is involved in crimes against humanity. In this report a pattern is revealed and that is to bury the investigation.”
She feels that the government can not deny the findings of the report. “Human rights groups have heavily relied on the government version, court case proceedings and information gathered after filing Right to Information (RTI) applications with different state-run departments,” she adds.