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Kashmir issue.ppt

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Kashmir issue.ppt

  1. 1. INTRODUCTION o 1947-End of British rule o Partition on the basis of religion o Formation of Pakistan and India o 635 states remained independent including Kashmir o Maharaja Harry Singh o Muslim majority o Instrument of Accession
  2. 2. Governor General of India Lord Mountbatten “It is my Government’s wish that as soon as Law and order have been restored in the Jammu and Kashmir and her soil cleared of invader the question of the states accession should be settled by a reference to people”
  3. 3. WARS BETWEEN PAKISTAN AND INDIA o First Kashmir War-1947 o Movement of Pakistan’s irregular forces to Srinagar o Plea made by Harry Singh to India o Instrument of accession o Second Kashmir War- 1965 o Pakistan’s Gibraltar's Operation o United Nations mandated ceasefire o Third Kashmir War-1971 o Direct Military Confrontation o Instrument of surrender
  4. 4. INTERNATIONAL HUMAN RIGHT LAW o International human right law prohibits the arbitrary deprivation of life under any circumstances o The Government of India is a signatory to the International Covenant on Civil and Political Rights (ICCPR) o Article 6 of the ICCPR expressly prohibits derogation from the right to life, thus even during the time of emergency.
  5. 5. o The International Covenant on Civil and Political Rights (ICCPR) also prohibits torture and other forms of cruel, inhuman and degrading treatment o Articles 4 and 7 of the ICCPR explicitly ban torture, even in times of national emergency or when the security of the state is threatened
  6. 6. ARMED FORCES SPECIAL POWERS ACT o Arrest individuals at will without any arrest warrants o Raise residential houses to ground without any prior notification o Shoot at will on any suspicious individual o And above all enjoy full impunity from law and court
  7. 7. DISTURBED AREAS ACT o Enacted by the President of India. It was an act for the restoration and maintenance of public order in disturbed areas in Jammu and Kashmir o In a “disturbed area” any Magistrate or Police Officer has full immunity to fire upon ,or otherwise use force even to the causing of death ,against any person who is indulging in any act which may result in serious break of Public Order
  8. 8. PUBLIC SAFETY ACT o Projected for the safeguard of civilians o A person can be arrested and put into jail for 7 days and then presented in court of law o If the court squashes PSA, an individual is rearrested under the same PSA and process can continue for years all together o Thousands of Kashmiri’s youth are currently detained under this draconian law
  9. 9. o Prevention Of Terrorism Act…2002 o The act replaced the Prevention Of Terrorism Ordinance of (POTO) 2001 and Terrorist And Disruptive Activities act(1985-1995) o The act was replead in 2004 by the united Progressive Alliance Coalition o Special powers were granted to the investigating authorities POTA
  10. 10. o The act provided the legal framework to strengthen administrative rights to fight terrorism and was to be applied against any person and acts covered by provisions within the act o Under the new law suspect could be detained for up to 180 days without the filling of charge sheet
  11. 11. ENFORCED DISAPPEARANCE o Enforced disappearance is abduction or kidnapping, carried out by state agents or organized groups o Authorities neither accept the responsibility for the dead nor account for where about the victim o Youth are randomly arrested and taken to the unknown locations by security agencies o They are either killed in encounters or tortured in jails and later buried or thrown in rivers and lakes o Enforced Disappearance is a serious violation of fundamental Human Rights
  12. 12. MASS GRAVES o Large mass graves have been recently found in valley after WikiLeaks revelations o An estimate of 371 graves were found at a single location containing approx. 400 bodies o Every witnesses and grave diggers say that army and state police used to come and bury bodies after dark o In another location 2156 unidentified graves were found in 38 sites in North Kashmir District
  13. 13. o At two separate locations around 3500 (208 sites) and 2500 graves have been found o Government promised DNA tests to reveal the bodies however no tests were conducted till now
  14. 14. SPORE TOWN MASSACRE o The “Spore Massacre "refers to the alleged killings of 55 Kashmiris civilians by the Indian Border Security Force (BSF) after militants ambushed a (BSF) patrol, in the town of Spore in Kashmir on 6 January 1993 o Forces fired at local residents and set fire to local homes and businesses o Witnesses claim that BSF attacked the public coach killing the driver and at least 15 passengers as well as attacking and burning three other cars
  15. 15. PAPA2 o Formed in the year 1988 o Operated by the Border Security Force, It was reportedly “The most infamous torture center in Kashmir.” o Both militants and civilians were tortured using extreme methods o Death toll in 9 years of it’s operation reached to 10,000 (exact count not known)

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