Human Rights Violations in Kashmir PDF
Preview Human Rights Violations in Kashmir
H U M A N R I G H T S V I O L A T I O N S I N K A S H M I Routledge Studies in South Asian Politics R HUMAN RIGHTS VIOLATIONS IN KASHMIR Piotr Balcerowicz and Agnieszka Kuszewska Human Rights Violations in Kashmir The book is a comprehensive study on human rights in Kashmir in rela- tion to the dynamics of Indo-Pakistani policies, providing a structured and interdisciplinary approach to the subject. Whilst surveying some of the most appalling case studies of human rights abuses, the book offers a methodical analysis of the structural and struc- tured human rights violations in the divided Kashmir and places them in a much broader context of South Asian politics. The book examines root causes responsible for a human rights violations-prone environment and cli- mate of impunity in which the actors perpetrate their crimes unpunished, unwrapping legal and extralegal nexus behind the crimes. Human Rights Violations in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, human rights studies, and South Asian studies. Piotr Balcerowicz, Indologist and philosopher, is Professor at the University of Warsaw and Professor at the University of Munich (2019–2020). He spe- cialises in Asian and Western philosophical traditions, in particular, Indian philosophies and religions, South Asian history, international relations, political philosophy, human rights. His latest book: Early Asceticism in India (2016). Agnieszka Kuszewska, political scientist, is Associate Professor at the Jag- iellonian University. She specialises in international relations, conflict and security studies, geostrategic specificity and contemporary history of South Asia. She is the author of three books, including Understanding Pakistan. Radicalization, terrorism and other challenges (2015). Routledge Studies in South Asian Politics 22 Electoral Politics and Hindu Nationalism in India The Bharatiya Jana Sangh, 1951–1971 Koushiki Dasgupta 23 Government and NGOs in South Asia Local Collaboration in Bangladesh Mohammad Jahangir Hossain Mojumder and Pranab Kumar Panday 24 Parliaments in South Asia India, Pakistan and Bangladesh Nizam Ahmed 25 Pakistan’s Security and the India-US Strategic Partnership Nuclear Politics & National Security Syed Shahid Hussain Bukhari 26 Pakistan’s National Security Approach and Post-Cold War Security Uneasy Co-existence Arshad Ali 27 Political Theory and South Asian Counter-Narratives Maidul Islam 28 Islam and Democracy in the Maldives Zahir Azim 29 Kashmir in India and Pakistan Policies Piotr Balcerowicz and Agnieszka Kuszewska 30 Human Rights Violations in Kashmir Piotr Balcerowicz and Agnieszka Kuszewska 31 Law and Conflict Resolution in Kashmir Piotr Balcerowicz and Agnieszka Kuszewska 32 Pakistan’s Foreign Policy Contemporary Developments and Dynamics Ghulam Ali For more information about this series, please visit: www.routledge.com/ asianstudies/series/RSSAP 9781032048499_FM.indd 2 10/05/22 12:54 PM Human Rights Violations in Kashmir Piotr Balcerowicz and Agnieszka Kuszewska First published 2022 by Routledge 2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge 605 Third Avenue, New York, NY 10158 Routledge is an imprint of the Taylor & Francis Group, an informa business © 2022 Piotr Balcerowicz and Agnieszka Kuszewska The right of Piotr Balcerowicz and Agnieszka Kuszewska to be identified as authors of this work has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988. All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers. Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data A catalog record has been requested for this book ISBN: 978-1-032-04849-9 (hbk) ISBN: 978-1-032-05201-4 (pbk) ISBN: 978-1-003-19652-5 (ebk) DOI: 10.4324/9781003196525 Typeset in Times New Roman by KnowledgeWorks Global Ltd. Contents List of figure and tables vii List of abbreviations viii Acknowledgements x Biographical notes on the authors xi 1 Introduction 1 PART I Violations of human rights in Indian-administered Kashmir 5 2 Human rights in Indian-administered Jammu and Kashmir: Introduction 7 3 Selected root causes and the structure of human rights violations 13 3.1 Majoritarian Hindu nationalism 13 3.2 Militancy and Islamisation 25 3.3 Militarisation and armed forces impunity 30 3.4 The legal tools of impunity 37 4 Documentation of the human rights abuses 47 4.1 International reports on human rights violations 47 4.2 Local reports on human rights violations 51 5 Selected manifestations of the human rights violations in the Valley 56 5.1 Violence against women and children 57 5.2 Mass graves 63 5.3 Pellet-firing shotguns 65 5.4 Fake encounters 68 5.5 Media crackdown 69 vi Contents 6 Human rights after Article 370 abrogation 75 6.1 A new chapter in Kashmir’s history 75 6.2 The international organisations and states’ response 82 6.3 Non-governmental organisations’ response 85 6.4 Demographic change, land control and hydel potential 89 7 Beyond the Valley 96 7.1 Some narratives from Jammu and Ladakh 96 7.2 Post-2019 era: Jammu and Ladakh in new UT’s 103 8 Concluding notes: Empower the people, expunge impunity 109 PART II Violations of human rights in Pakistani-administered Kashmir 115 9 The frameworks of impunity 117 9.1 Monitoring human rights 117 9.2 Legal framework 122 9.3 Extralegal framework 127 10 The structure of abuse 135 10.1 Denial of political rights 136 10.2 The denial of freedom of expression and related rights 144 10.3 Freedom of religion and belief restricted 148 10.4 The denial of the right to a dignified life and related rights 153 10.5 Land rights restricted 160 10.6 Cultural and other rights violated 167 10.7 Concluding remarks: own the territory, disown the population 172 11 Epilogue 186 References 190 Index 215 Figure and Tables Figure 10.1 Demographic changes (Shīʿa-Sunnī) in Gilgit-Baltistan between 1948 and 2011 168 Tables 6.1 Indian and Pakistani-administered Kashmir 2019–2021: Freedom House Report 88 10.1 Distances between Cities in Jammu and Kashmir 167 Abbreviations AFSPA Armed Forces Special Powers Act AI Amnesty International APDP Association of Parents of Disappeared Persons BJP Bharatiya Janata Party ((Bhāratīya Janatā Pārṭī) BNF-H Balawaristan National Front (Abdul Hameed Khan Group) CFL Cease-Fire Line CRPF Central Reserve Police Force CPEC China-Pakistan Economic Corridor FATA Federally Administered Tribal Areas FIR First Information Report, prepared by the police on the basis of a complaint lodged with the police by the victim (or the victims’ representative) of a criminal offence GB Gilgit-Baltistan (after 2009), before: NA; also the agencies of Gilgit and Baltistan HR human rights HRW Human Rights Watch HuM Hizb ul-Mujahideen (Ḥizb al-Mujāhidīn) IaJK Indian-administered Jammu and Kashmir IPTK International People’s Tribunal on Human Rights and Justice in Kashmir J&K Jammu and Kashmir JeM Jaish-e-Mohammed (Jaish-e-Muḥammad) JKCCS Jammu Kashmir Coalition of Civil Society JKLF Jammu Kashmir Liberation Front JKPNA Jammu and Kashmir People’s National Alliance JKPSA Jammu and Kashmir Public Safety Act LeT Lashkar-e-Taiba (Lashkar-e-Ṭayybā) LoC Line of Control MoKGB Ministry of Kashmir Affairs and Gilgit Baltistan (till 2009 MKANA) NA Northern Areas (between 1972 and 2009), after 2009: GB NOC No Objection Certificate Abbreviations ix PAGD People’s Alliance for Gupkar Declaration PaJK Pakistani-administered Jammu and Kashmir PEMRA Pakistan Electronic Media Regulatory Authority PTI Pakistan Tehreek-e-Insaf (Pākistān Tahrīk-e-Insāf) PSJ&K the (former) Princely State of Jammu and Kashmir SOG Special Operations Group UAPA Unlawful Activities (Prevention) Act UNCIP United Nations Commission for India and Pakistan UNSC United Nations Security Council UTJ&K union territory of Jammu and Kashmir UTL union territory of Ladakh
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