The tortuous thicket of laws, constitutional provisions, presidential orders, political history and legal mystifications surrounding Article 370 and Article 35A make it difficult to navigate through recent debates about its abrogation in an informed way. This series of three essays by Shrimoyee Nandini Ghosh, lawyer and legal researcher, aims to be a somewhat eclectic guidebook— at times proffering a no frills step-by-step road map, at others traversing some rather more unfrequented and adventurous legal diversions. In this first essay, Shrimoyee provides a legal-historical guide to terms like 370, 35(a) and the tricks, which were played to make these history.”
Tag: India Occupied Kashmir
On Friday August 2, confusion and panic hit the people of Kashmir, in the wake of several orders claiming there is a serious situation in Kashmir, urging yatris and tourists to return and the deployment of thousands of additional troops. But, on my social media feed, there were voices of humour and resilience reminding Kashmiris of what they collectively as a people have suffered and endured through the years, of how the Indian state has persistently viewed Kashmiris as the “other” and sought ways of repression. Scrolling down one searing image went through my mind. It is that of Mir Suhail’s illustration of a man in checked headgear and greying beard that accompanies the report, Torture: State’s Instrument of Control in Indian administered Jammu and Kashmir. I recognise it as that of Qalandar Khatana of Kalaros, Kupwara.
Saadat Hasan Manto’s well-known short story “Tetwal ke Kutte” is very prescient in contending with our hypernationalist and jingoistic conjuncture. The story is well known, but worth recapitulating.
ONE After a MiG-21 Bison fighter plane piloted by Abhinandan Varthaman, a Wing Commander in the Indian Air Force, was shot down by Pakistan Air…
Kashmir has been an eyesore on India’s body politic for the last 72 years. The average life expectancy in India is only 68.5 years, so there is a danger the eyesore might become congenital. The latest attack on Indian armed forces at Lithpur in District Pulwoam, where a Kashmiri suicide bomber killed more than forty Indian soldiers, can become India’s “enough is enough” moment. While randomly beating and harassing Kashmiris working or studying in various parts of Bharat is a good beginning, it won’t be enough. After all, if killing more than 80,000 Kashmiris and making about 10,000 of them disappear has not taught them a lesson, what will a few beatings achieve? No, India needs to do more.This is my cue. Hear me out.
A day before Eid, a Twitter storm with the hashtag #InquireKashmirKillings erupted. Notwithstanding the pall of gloom caused by the killing of respected editor- in-chief of Rising Kashmir, Shujat Bukhari by unknown gunmen on the very day that the report by the UN on the situation in Kashmir vis-a-vis human rights was released, Kashmiris hurled themselves into battle.
“What about the Kashmiri Pandits?” For well over a quarter century every public conversation on Kashmir has been dogged by that question. As a tiny Hindu minority in predominantly Muslim Kashmir (they constituted less than 5% in the 1990s) Pandits have had an extraordinary valence in the often-heated discourse around the conflict, and their “migration” from Kashmir in the early 1990s continues to cast a baleful shadow on the present.
The image she shows me on her laptop shows smears of blood on the floor, discarded clothing and prayer mats at one corner of the corridor. No action. No people. But Sanna Irshad Mattoo, one of Kashmir’s growing bunch of women photo-journalists, conveys the potential of objects and belongings to bear “witness”. The inanimate speaks out of the terrible violence that stains, not just the hospital floor, but, as the hashtgag suggests one that has permeated the soul of Kashmir.
Something like above would have read as the brief academic profile of thirty-two-year-old Dr. Mohmmad Rafi Bhat till Sunday May 6, 2018. Now, he shares…
In response to Sunday’s events, the Joint Resistance Leadership (JRL) in Kashmir gave a call for a solidarity march to Shopian on April 3. Syed Ali Shah Geelani, who continues to be a part of the JRL along with senior leaders Mirwaiz Umar Farooq and Yasin Malik, too hoped to march this time. The government had recently announced his release from a seven-year-long house detention after his resignation as the TeH chief. As Geelani slowly walked towards the gate of his party residence, he found it closed. Peeping out through a small window in the door, he asked the armed personnel stationed outside to open the gate. When they refused citing “orders” Geelani quipped: “Darwaaza kholo, tumhari jamhooriyat ka jinaza nikal raha hai…hindustan ki jamhooriyat ka… uska jinaaza nikal raha hai… Open the door, the funeral of your democracy is leaving… Of India’s democracy…here goes its funeral!”
Around 00:05 on February 19 2018, Indian armed forces shot dead Syed Habibullah after he allegedly “tried to enter the high security Air Force Station” in Central Kashmir’s Budgam district. The police spokesman said that the man, in his fifties, “appeared to be mentally challenged”—he was not wearing any footwear, had no winter clothing, and did not carry any identity card. Those who knew him told media-persons that “he used to roam from once place to another, not because he was mentally challenged but because he was distressed with extreme penury.” He was laid to rest in his native village of Soibug amidst pro-freedom slogans and clashes with the government forces.
The name Habibullah translates as ‘the beloved of God.’
On a cold day, some 27 years ago, Juma Sheikh, chowkidar of the twin hamlets of Kunan and Poshpora, Kupwara district in Kashmir, approached tehsildar Sikandar Malik with a letter written in Urdu signed and supported by thumb prints of the villagers. In elaborate and formal language the letter detailed the horrific ordeal of sexual violence and torture that they had suffered on the intervening night of February 23 and 24 at the hands of 4 Rajputana Rifles that had come in for a cordon and search. The victims reportedly ranged from a 60 year old woman to a 14 year old girl and a pregnant woman nearing full term. The men were not spared. Herded outside in the snow to makeshift interrogation centres they were subjected to various forms of torture like having chilli powder rubbed on the genitals or subjected to electric shocks in their private parts.
In this excerpt from his autobiography, Syed Ali Shah Geelani talks of 1947, the tribal invasion and Indian Army in Kashmir
A day ahead of the India Pakistan match, when Indian media, publicity hungry cricketers and showbiz stars are all over spitting their Indian nationalist bile, Chalukyan G, a Chennai based graphic designer wrote a fan mail on Facebook to Pakistani cricketer Shahid Afridi. His fan mail did not just touch upon sporting matters but also laid out in detail the hypocrisy of Indian nationalist rhetoric. To his surprise, Afridi replied and unlike cricketers like Sehawg, he said “Let the best team win,”
Those who have not been around academic circles, have not heard of General Dyer, not watched The Namesake, nor confused Partha Chatterjee with his namesake, might be wondering what the fuss about Professor Partha Chatterjee is about. Parthada recently referred to the justification of using a human shield by the Indian Army in Kashmir as the General Dyer moment of the independent Indian state’s army.
While the situation in Kashmir may be classified as a dirty war, depending on how the phrase is used and who articulates it, there is history to this phrase. Not every war is a dirty war. The phrase itself was first used during the 1970s in Argentina during a period of state violence against opponents of the military junta that was in power at the time. The dirty war since then evokes torture, disappearances and the suspension of democratic norms. The question to ask is whether General Rawat is aware of this history while using this choice phrase.
“O Mummyji, o mummyji, they don’t fight fair
Their boys, their girls, their women too
They throw their stones, they do, they do,
And us poor boys (what? yes, “my poor boys”)
Have only guns and armour
What, prithee, are they to do? to do?”
India is scared of a facebook post. India is scared of a poem. India is scared of a video. India is scared of the smile of a martyr. India is scared of a girl in hijab pelting stones. India is scared of a boy helping his friend reach to safety. India is scared of the people coming together.
“There is only one solution—gun-solution, gun-solution,” mourners shout beside the bullet-ridden dead body of 25-year-old Nissar Ahmad Mir in Rathson, a village in Kashmir’s Budgam district.
Among nationalists in India, who have wet dreams of global “superpower” and watch over and over videos of “Indian weapons” and “most powerful militaries” on the YouTube, seeing images of those arms and men being reduced to a barbaric spectacle against an unarmed people produces a dispiriting dissonance. “Indian man” has fantasized a genocide for long. In its eyes, a genocide has a metonymic association with “national will.” This fantasy is now a metastasized desire to act like the US in Iraq and Afghanistan as well as ISIS in Syria. They want Indian military to kill without any compunction: “kill 1000 of them for our one;” “drop MOABs on them;” and “take Kashmiri women as slaves.”
in the darkness
of countless lead-pellets
lodged like tumours
in fresh corneas
the ruptures of history
It was a standard and wonted response from an Indian politician when being confronted with questions on human rights abuses in Kashmir – unsophisticated, evasive, ahistorical and blame-shifting. MP Shashi Tharoor takes it to a new level through his disturbing conception of illusions that he tries to exhibit during a recent interview with Tim Sebastian, a Deutsche Welle journalist, who interviewed him on the subject.
In 2016 – RAIOT became a Kashmiri word. Maybe it was the accidental cartography of India making Shillong share Instrument of Accession with Srinagar or just accidents of friendships, whatever be the reason – RAIOT had some of the key texts about Kashmiri Azadi uprising of 2016. Just a sample for your holiday reading.
We, twenty five citizens of India, representing people’s movements, women’s organisations, trade unions, human rights organisations, youth organisations and individuals who are journalists, writers and filmmakers, from the states of Andhra Pradesh, Gujarat, Jammu & Kashmir, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Nagaland, Odisha and Tamil Nadu, visited Kashmir from 11 to 20 November 2016 with the objective of understanding first-hand, from ordinary people and civil society, the situation of the peoples of the Kashmir Valley that has emerged over the past four-and-half months since the killing of three Hizbul Mujahideen militants, Burhan Wani, Sartaj Sheikh and Pervaiz Lashkari by the Indian Army and J&K Police on 8 July 2016.
Mirza Waheed in his second novel “The Book of Gold Leaves” introduced, what might appear to foreign, non-contextual readers a fictitious creation but, a realistic character in Kashmir known as the zaal. Describing it, Mirza says it was a “beast of dust” which made frequent rounds of the streets and trapped people who stood nearby, whisking them away to interrogation camps and subsequent disappearance. It was an ensemble of terror, violence and state-sponsored brute force. Mirza’s description emanated from a reality and had actual instances of forces trapping civilians using every possible method at their disposal.
Sameer, a 15 year old boy, and a lone bread earner in his family was hit by pellets in both eyes is admitted in ward 9, Ophthalmology department of SMHS hospital.
In recent weeks, as another cycle of protests dies down in J&K, there has been a surge in reports of incidents of looting, stone-pelting on civilian vehicles and, particularly, mysterious fires destroying schools and private property. No one knows who the perpetrators are…
Questions are being raised by many well-intentioned people, mostly on social media, about the overwhelming support for the immediate release of incarcerated human rights defender Khurram Parvez of Jammu Kashmir Coalition of Civil Societies (JKCCS)
“Khurram Parvez, in the front-row of human rights defenders in Jammu and Kashmir, has been arrested late last night from his home just down-street from Gupkar, the street the cream of collaborators, including Omar Abdullah and Mehbooba Mufti, live and breath in. Khurram had just returned home after immigration authorities had stopped him from travelling to Geneva to attend the United Nations Human Rights session.
At Srinagar, Khurram works with the Jammu Kashmir Coalition of Civil Society (JKCCS). The group is criticised by large sections of Kashmiri society for inserting themselves at a very mild point in the political discourse in Kashmir. People are frustrated that JKCCS’s focus on mere human rights abuse (which people believe, rather mistakenly, rarely includes the right to self-determination) distracts from the main issue of azadi from Indian occupation. “
India’s Kashmir experts have, like in the past, tried to attribute the “anger on the streets” to various reasons and they believe and want every Indian to believe that only these reasons make a Kashmiri angry. We need not go back into the history to know how Indian public opinion has been shaped by these Kashmir experts as their association or one may say obsession with Kashmir is so deep that they produce enough evidence for us to analyse that. Here we will talk only about the work these Kashmir experts produced this year.
Numbness doesn’t go away. It’s suffocating to hear the loud proclamations of news anchors on Indian TV channels, describing it as a victory for its ‘jawans’. I want to get rid of this suffocation. I ask a friend to meet me outside. We meet and proceed towards Jamia Masjid. People are slowly assembling at the square. It’s a mass of people. The mass palpitates with anger; a subdued anger of the sort a martyr’s death evokes. Slogans pierce the tense air.
People were returning from their regular chores, when the news that the famous Kashmiri local rebel who had turned to militancy at the age of 15, had been killed in an encounter near Kokernag, 15 kms away from district Anantnag. People in long chains came out from their houses, leaving the comfortable life aside, with sloganeering “Burhan tera khoon sa inqilab aayega” just to mourn the death of their hero who had become an icon for many youths across valley.
After the martyrdom of Commander Burhan Wani, the Indian state was in the mood of jubilation ‘to eliminate the most wanted terrorist’. But it soon turned into its nightmare. It was not the first time that the funeral of a rebel was attended by thousands but the immediate response across Kashmir through demonstrations and funerals in absentia made the civil and military establishment of Indian State frustrated. The immediate response that it resorted to was putting the whole valley under seize by imposing curfew and clamping down of internet services.
“We are wont to reminding the people of Kashmir, the “freedom(s)” that India affords them, and promptly mention the horrors that await them if they chose (as they deserve) to go to Pakistan. Time and again, we pose as a free people. This comes with a string of Whatabouts. A fellow traveller to Kashmir retorted to my mention of militarization in Kashmir, “What about North Korea? What about Saudi Arabia? What about Pakistan?!” It is amusing to see the average Indian entertaining such delusions of freedom when every day, Kashmiris are being tortured, killed, encountered, disappeared, raped in their names.”
Kashmiris know the occupation is chronically violent, persistently vindictive, and is going to remain so as long as it exists. The state that denies a people their right to self-determination can be nothing but repressive. How could Burhan not have shared the same understanding of the Indian control over Kashmir? Is it misplaced to think so? And is it then an accident that Burhan became Commander Burhan Wani?
I have this to say to those super patriots who keep bringing up the bogey of “jihadis”, “radical Islamists” or “Pakistani proxy” while justifying all atrocities against Kashmiri Muslims.
I got married in February. Half the marriage functions were held in Jammu where my family is now based post forced eviction from Kashmir in 1990. The other half of the marriage was held in Delhi where my wife’s family is based due to the same events of 1990. A Muslim friend from Srinagar who attended my marriage could not help but notice on a sad note this “scattering” of a Kashmiri community. “Chakravun” is the exact word used for scatter by all Kashmiris.
All Kashmiris have suffered whether Muslims, Pandits, Sikhs or others. We are being used against each other and some of us are so gullible that we fail to see the deception. Whenever there is a brutality by the armed forces or police against common people, many armchair intellectuals come up with counter arguments of whataboutery to justify the acts. What about Kashmiri Pandits?
As if Kashmir wasn’t already under siege for the past few days of undeclared curfew, the state police and paramilitary swooped down on our office and prevented mediapersons from entering Jammu Kashmir Coalition of Civil Society (JKCCS) office at the Bund, Amira Kadal, Srinagar – where the press conference, organized by JKCCS at the behest of the mother of the victim of alleged sexual assault by personnel of the 21 Rashtriya Rifles (RR) in Handwara was scheduled to be held. With no declaration of intent, the police barricaded all the ways leading to our office, barred us from venturing out to talk to the media persons gathered outside to cover the press conference
“It takes a loud bang to make the deaf hear”, Bhagat Singh had famously said. After using violence, Bhagat Singh did not evade the site, rather handed himself to the British authorities and then would use courts to propagate his ideas. Maqbool Bhatt held a similar view. After he was imprisoned in Pakistan in the famous Ganga hijacking case, he wrote letters to his acquaintances and family wherein he professed that the act was aimed at falsifying claims of occupiers and superimposing truth upon them.
On India’s Republic Day, just 5 days away from the Gawkadal massacre, we shall hear Jumlas from Narendra Modi. We shall hear his rhetorical and controvertible claims on how India is rapidly evolving as a major superpower in the world and a worthy contender for a permanent place in the Security Council. Nobody expects him to speak against his party ideologues who lynched Mohammad Akhlaq or abetted the suicide of Dalit student Rohit Vemula.
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Remembering Late Mufti Mohammad Sayeed, Chief Minister of Jammu & Kashmir