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.”
As a Kashmiri psychiatrist who happens to be a member of Indian Psychiatric Society (IPS) as well, I would like to know did IPS at any point try to contact their registered members in Kashmir or did they just splash their names on the letter used to criticise the Lancet. How does a national organisation representing almost all psychiatrists in the country makes videos, issues political statements and politicise about Pakistan, but at no point thinks of questioning the politicians about policies which are putting the physical and mental wellbeing of millions of people at risk. One does not have to be a scientist to understand that putting an entire population in siege, arresting their children, cutting off their all communication links will scar them psychologically forever, more so when the exposure to trauma is more than 70%. One out of ten people have lost a loved one directly to the current conflict and one out of three has lost someone in their extended families. There are hundreds of publications in peer reviewed journals from local Kashmiri psychiatrists, orthopaedics, surgeons, sociologists, and other specialities talking about the mental and physical morbidity as a direct result of on-going war like situation in Kashmir. This will only get worse and no matter what professional jingoism will say, the reality of mental scarring is real.
The Indian government’s measures to bring Kashmir under direct rule by New Delhi attempts to erase the Kashmiri political identity and will inflame an already simmering resistance.
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.
In the times to come lynching, political assassination, massacre at the borders will be how lessons on Indian Hindu Nationalism will be taught. Everyone who writes, speaks and exposes the fascistic design of the far-right Hindu Nationalist camp will be vilified as terrorist, and demonized as anti-national. Military strikes at the border will be increasingly conducted, upon which the orgy of patriotism will be enacted persistently. The fate of Kashmir and Manipur will be decided around the conference tables in Delhi. People’s movement will not be televised, it will be curfewed and militarized. Parliament will become a shelter of hate-speech. The language of killing and lynching will enter the everyday execution of Hindu democracy, and words like freedom will disappear from our vocabulary. In the meanwhile more Burhan Wani, more Gauri Lankesh will meet the tragic bullet’s end.
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.
Everything will be okay tomorrow
Tomorrow everything will be okay
Tomorrow the great media will
Deliver the propaganda pizza
Tomorrow everything will be okay
The Bakarwal tribe is a Muslim nomadic pastoral tribe in Jammu and Kashmir also found in Pakistan and Afghanistan. It is one such tribe which is facing numerous challenges which are posing a threat not only to their livelihood but also puts into question their existence. Following is an interview conducted on a pleasant evening as part of my study on the tribe exploring the lives of Bakarwals, a tribe which came into the limelight after the Kathua rape case.
On 16th of July, 2018 some of the news portals in Kashmir Valley published a letter from Abdul Manan Wani, member of the resistance group – Hizbul Mujahideen. Mr. Manan was a research scholar from one of the prestigious universities in India and was in news some months back when news channels flashed ‘scholar turned militant’ in the headlines. Within no time the letter was taken down from the virtual space from by the State authorities and the police were quick to start legal action against the web-portals who had published this letter.
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.
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…
There would be no justice for Asifa if we don’t contextualise her murder and rape. Iqbal Bhat’s essay
what does the Indian left-liberal solidarity choose to do differently about a people who, one can argue, are doubly colonized? They choose to express their ‘desire’ for the “beautiful woman” by exporting a girl, who faces multiple hierarchies of oppression besides the double colonization of her community, to their mainland and call her “another Nirbhaya” or “India’s daughter”. They stress that Aasifa’s rape and murder is an ‘issue of humanity’. By deliberately trying to erase the specificity of the case, they are obfuscating their complicity in the crimes the Indian state has committed in Kashmir in their name for all these years.
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
Witness / Kashmir 1986-2016 / 9 photographers – can never be confused with the old ‘touristy’ coffee table relics of photography I remember, not even by accident.
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.
Young Kashmiri women know the public space is theirs to keep and rightly so. When they raise their middle finger at the occupation, their heads are held high in knowing that standing up to oppression in all forms of expression does not diminish their dignity. It is clear that these women do not need to be called from the Masjid pulpits, but that they have arrived of their own accord. And they have come to stay.
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
For long, Kashmiris have been captivated by the power of photography. But why? Why have so many of the world’s greatest geniuses with the camera produced some of their best work in Kashmir? Is it the unique tragicomedy of spectacular natural beauty and a gruesome conflict that has consumed generations? Why are there so many good photojournalists and photographers in Kashmir and why is their number on the rise?
On January 21, 2017, early morning an everyday Kashmiri feminist died quietly in her sleep [this “her” is a typo, but I prefer to leave it here; for if anything he always felt it was an honor to be a woman] after few bedridden years, which he absolutely hated. This was also the first ever, I had seen my maternal grandfather Gulam Ahmed Lone, who I call Daddy like everyone else in the family, cower before life a little. Even asking the universe to let him go rather than for wellness. He thought he had lived it all, and ended if not the best but still a little better.
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.
I was in my fourth grade in 1990, the year when Kashmir shut for 198 days, then for 207 days in 1991, 148 in 1992 and 139 in 1993, and so on. I grew up in all those tough long years. All my life I have lived here in Kashmir through the thick and thin of the situation. I grew up in curfews, crackdowns, identification parades; through the menace of the omnipresent bunkers and at the mercy of the fingers always ready on the triggers of SLRs. And throughout this time, I was educated to see, experience, understand and realise where the truth of the circumstances lay. All the young outstanding artists, doctors, engineers, lecturers, journalists and other achievers we have today have all grown up through the same troubled ’90s, the decade that saw the severest of curfews, shutdowns and crackdowns.
If you have been following Kashmir these days, Khurram Parvez’s name must have surely hit your screens. You may have even seen some funky graphics with FREE KHURRAM floating about.screen-shot-2016-11-09-at-11-53-10-pm But who is Khurram Parvez? Why are people in Kashmir getting all worked up about his detention? For those of us not clued into the Kashmir question, answer is, Don’t Know. So when we received STATE versus Khurram Parvez pdf from Jammu Kashmir Coalition of Civil Society – we were thrilled. So in a spirit of curiosity we offer the pdf for DOWNLOAD.
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…
Why does a certain kind of activism or activists get more visibility? What is it an ‘activity’ that makes an ‘activist visible’ or a visible ‘audience’ that makes an activist? And what of activism does a ‘visible audience’ endorse? Often the commodification and marketing create a hierarchy of activism? Activism has a peculiarity that it inserts the particular interventions in a way which implicitly amplify and silence the varied dimensions of the complexities of a conflict like Kashmir issue. This article in no way demeans the work done by them but presents before a reader the nuances and complexities surrounding the politics of visibility.
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. “
We are a group of research Scholars, students, NGO founders and members, and concerned citizens who are appalled by the way the way the government is handling the Kashmir issue.
We would like to sent out a solidarity message to the people of Kashmir
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.
In the week spanning from 29 August to 5 September, a total of eighty public meetings/rallies were held across all districts of Kashmir among which government forcibly disrupted 36 rallies, using extensive of force against the assembled people; shelling with bullets, tear gas shells and pellets. The government forces, in many instances, vandalized the venue of these pro-freedom rallies, set ablaze the tents and threw away the food items which were cooked by local organizers for the participants of the rallies. The rest of the rallies went on peacefully. This clearly shows that the 44 protest programs/rallies which were organized in the last week remained completely peaceful and no stone pelting was witnessed in these rallies, while as the 36 rallies where Indian forces used violence to vandalize the already set up venues and desist the participants from attending the programs, has resulted in clashes in which around 1215+ people have been injured.
We are writing to you to express our concern about the situation in Indian-controlled Kashmir where the already subjected population is currently living in a state of siege due to the massive violence unleashed by the Indian forces. We appreciate your decision to create a fact-finding mission and deplore the refusal of the Indian government to allow access to UN human rights monitors. In the absence of such a mission, we feel it incumbent upon civil society groups to provide regular updates on the situation.
Popular mass movement is “mindless terrorism” and Kashmiris are a flock of “instigated” sheep in “bucolic valley”, devoid of all agency. Keywords like Insaniyat (Humanity), Jamhooriyat (Democracy) and Kashmiriyat etc. are thrown carefully at the supposed ‘inhumanity’ and ‘autarchy’ of the self-determination struggle of Kashmiris.
Kashmir has historically since Nineteen Forty-Seven been a site of territorial claims between the two nations, India and Pakistan; in such contested claims history in itself has become a site marking these contestations. The history of Forty Seven has been written from a certain vantage point constructing a particular kind of history and memory associated with it. The story of Forty-Seven told and retold over the years with tribal invasion being ‘The Event’ has shaped the history with almost a complete erasure of what happened earlier and what followed next. As a student of history I feel a dire need to free Forty Seven from the baggage of the ‘Tribal Invasion’ story which has more of less sabotaged the history of the state, question the politics of silencing the ‘unfamiliar histories and memories’ associated with it.
Another young man comes home from work on his scooter
He is an atm teller and Supports his large family
His brothers wedding is next week
He is found with 300 pellets in his body, every organ is ruptured
they had carried him to the side of the road, to pass it off as an accident
But blood leaves its trail
India, this is your democracy.
On 13 August 2016, Amnesty International India organized an event in Bengaluru as part of a campaign to seek justice for victims of human rights…
Improve your General Knowledge
Dear Sir, Greetings! Hope you are enjoying the monsoon flurry sweeping across the North-India. I can see your Facebook posts about the beautiful rainbows and…
In the present day world-order and given the historical perspective, can Independent Kashmir [IK] exist? Moreover, regarding the small area and population of the region, will it be practical? Given the poor educational status, the IK could be a breeding ground for ‘Islamic Jihadist’. And the much talked about issues are: security, land locked region, economic dependency and many more which are often raised. The most obvious question to be followed should be: Is an Independent Kashmir practical and a viable solution? Let’s examine it through various dimensions:
A short course in Art History by Indian Occupying Forces in Kashmir