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KASHMIR RESEARCH
PLATFORM PRODUCTION
ALTERNATIVE SPACE PROJECT
OUR INTENT
 To make sure whoever sees the play gains sufficient knowledge about
Kashmir’s history and present
 To inform them and let them build their own perspective
 To focus on the present situation, while knowing the past history
 To present this as a fight of suppressed wishes, territorial greed, and
political exploitation (conflict of three ideologies of Kashmir, India &
Pakistan)
 To lend the Kashmiri a voice, and the Delhiite an ear
 To differentiate the religious and political lines
Viewers of Play
 Kashmiri – To make him understood
 Delhiite – To make him understand
 Historian – We must be historically correct
 Political Analyst – We must be politically correct
 Leftist – We must show their POV
 Rightist – We must show their POV
BEFORE 1947
• Hinduism
• Buddhism
• Islam
• Ranjit-Hari-Gulab Singh
• 1947 Partition
Vishnu (Hinduism)
1. In Rajatarangini of Pandit Kalhana = At the beginning of Kalpa, or creation, the valley was
a lake hundreds of feet deep, called Sati Saras, or the lake of Sati, consort of Kashmir’s
preferred Lord, Shiva
2. In lake lived the demon Jalodbhava or the One born in water, who terrorized the Nagas,
snakes
3. The Sage Kashyap, father of the Nagas, learnt about the brutal oppression and appealed
to Brahma the Supreme as well as to other gods
4. But the demon was invincible as long as he remained in the womb of water and refused
to emerge
5. The lord Vishnu them called upon his brother Balabhadra to end the stalemate
6. He took up his ploughshare and pierced the closed ring of mountains at Baramulla and
Vishnu slewed him with his disc.
Ashoka (Buddhism)
 Ruled from Burma to Central Asia – Founded Srinagar,
evolved into a flourishing city with “ninety-six thousand
dwellings resplendent with prosperity.”
 After his victory at Kalinga in Orissa, he turned a Buddhist
evangelic and made Kashmir the crucible of his mission
(wanting the creation of Buddhism in Kashmir).
 Hinduism proved more durable in Kashmir.
 After Ashoka, Kanishka, from Kushan Dynasty helped
Buddhism to prosper in Kashmir.
Rinchin
1. Richin was a Buddhist prince
2. Hinduism was the dominant creed
3. He had no option but to worship Lord Shiva
4. Conversion to Hinduism was not possible as pandits could not decide which caste in the
hierarchy to place RInchin in
5. While islam had begun to get a growing number of adherents
6. Next morning on listening the morning prayer and seeing Bulbul shah, he went and poured
questions to him
7. Bulbul shah commanded, to become a Muslim RInchin had to utter the Qalimah: ‘La-e-laha
illallah, Muhammad un-Rasul Allah’ - There is no God but only Allah and Muhammad is His
Messenger
8. Rinchin became Muslim that morning and assumed the title of Sultan Sadar-ud-din
9. And thus reached Muslim rule to Kashmir
Afghan
1. Ahmad Shah Abdali -- a general in the armies of Nadir Shah, the Persian conqueror
2. He left the service after his master was assassinated
3. Returned to his own country, Afghanistan
4. First established control over Kabul and unified his own country
5. He then turned his eyes eastwards and brought Punjab under his sway
6. After a year, captured Kashmir
7. For 66 years after 1753, 5 afghan governors ruled Kashmir in the name of the Abdali dynasty
8. And began the stories of Afghan brutality
Dogra Rule
 Treaty of Amritsar in 1846 = it was this treaty which rewarded Gulab Singh’s support
to the English caused by confirming him as the ruler of the new state of Jammu and
Kashmir, along with Ladakh and Baltistan.
 The valley of Kashmir was sold to Gulab Singh for just 75 lakh rupees [Nanakshahi];
fifty lakhs to be paid on ratification of this treaty and twenty-five lakhs on or before
the 1st of October 1846 and present annually to the British Government one horse,
twelve shawl goats of approved breed (six male and six female) and three pairs of
Cashmere shawls.
 Britishers placed their puppets and attempted to place a residence puppeteer in
the court -- as was their practice elsewhere
 Ranbir Singh (Gulab Singh’s son) inherited the throne in 1856,
Dogra Rule
 By 1888, the British were dictating a new constitution by 1889, the ruler’s authority had been
clipped by a council = concentrated on splitting the Dogra family, fomenting a power struggle
between Pratap Singh and his brother Amar Singh
 Accused Pratap Singh(took throne in 1885) of having connections with Tsar (emperor of Russia)
 Amar Singh had assisted the British conspiracy against the Maharaja by confirming the veracity
of the alleged correspondence that Pratap Singh was accused of keeping with enemies.
 During Pratap Singh’s reign British ruled Kashmir State directly (wanted to maintain their
supremacy)
 When Pratap Singh died without a direct heir on 1925, Hari Singh (Amar Singh's son) became
maharaja in September
 Maharaja, ignorant of the forces that were rising at his feet -- indulged in cheap pleasures of life
and spent most of his time outside the state -- he has a false belief that everything is good in the
state, even people condition
1931 Uprising
The Kashmir Martyrs’ Day is observed each 13 July every year on
both sides of the LOC and all over the world by the Kashmiris to
pay homage to 22 Kashmiri people who were killed in 1931
during a revolt against atrocities on 13 July 1931, when people
rose against Dogra rule and protested against the prosecution
of sympathizer of Kashmir struggle, Abdul Qadeer Khan Ghazi.
Hari Singh – Abdullah – Jinnah – Nehru
(1947-Transition)
During partition many states divided, Patel (diplomacy) was trying to convince (so was Jinnah). 3 risayate Hyderabad,
Junagadh, Kashmir. Hyderabad was a core issue - cancer belly - hyderabad ke nizaam ko line me le aaye.
Patel wasn't interested in Kashmir, if Kashmir goes to Pakistan he would accept it. Nehru stopped Kashmir from going (he
was a Kashmiri Pandit. Even Gandhi wanted this to happen taaki Jinnah ki two nation theory galat saabit ho jaaye.
Gandhi wanted to show that a Muslim majority state could live peacefully in as secular India.
Two Nation Theory: Basis of creation of Pakistan. States that Muslims and Hindus are 2 separate nations by definition,
therefore Muslims should have their own separate homeland where Islam can be practiced (CM Bhagel states that
Savarkar (Hindu Mahasabha net) proposed the theory 16 years before Jinnah implemented it)
Nehru and Sheikh Abdullah were friends. Hari Singh thought if Kashmir India me ban jaayega, toh woh Abdullah ko uski
jagah laga dege, he didn't want Pakistan either, so he wanted Kashmir to be independent.
He kept the state independent for 2 months, signing a stand still agreement with Kashmir and the same to India, that till
the future is decided tab tak ongoing arrangement me koi change nahi ho. India ne Kashmir ke raaja ko bulaaya, tab
Pakistan ne peeche hamla kar diya, unhone India se help maangi, India kept the condition ki unhe Kashmir ko India se
milaana hoga. Instrument of accession was signed, jaha Kashmir India ke saath juda, and the first revolt began
1947-1990
• 1949: Ceasefire by UN
• 1953-75: Abdullah Jailed. Peaceful Times
• 1987: Rigged Elections. Oppression.
• 1989: Rubiya’s Kidnapping
• 1990: Jagmohan. Killings. Protests. Open Fire. 60K
Guns. Pandit Exodus.
• 1991: HM Formation
• 1949: Ceasefire by UN
When this went to UN, they decided that Pakistan removes its army and India will minimise its army, when situation will
improve a referendum with Kashmir's folks will be held
Due to accession, Article 370 was the result, Kashmir's situation never improved thereby no referendum, and a partition
of the state was done
 Article 370: Temporary provision and turned into special provision, where the central govt. (defence, external
affairs, communication) kisi bhi issue me Kashmiri govt. ke ijaazat ke bina kuch nahi kar sakta
 Instrument of Accession: J&K demanded its own constitution, negotiation hua aur 370 aaya. The article was
temporary till a plebiscite was held to ascertain the wish of the people, tab tak woh apna khudka constitution
banaye [means of connecting two constitutions]
 President can bring presidential order to change the constitution (which led to added 35A)
 35A: Kashmir govt. has the authority to define the permanent citizens and also assign to them provisions/rights
(job, property, scholarship, settlement)
 371A ke acc. Nagaland me no act of parliament is extended; many other states have special provision (in tribal
areas)
370 has eroded, India has used it more than 45 times to extend provision of Indian const. to J&K, nullifying the special
const. status of J&K
1953-75: Abdullah Jailed. Peaceful Times
 Even previous to 1989, people had a sense of alienation and resentment, most
Kashmiri Muslims felt against Indian rule. Not attaching to Indian nationalism, the flag,
the cricket matches.
 Kashmir was largest of 500 princely states under British sovereignty as of 1947.
Predominantly Muslim, ruled by Hari Singh. Abdullah preferred India.
 In 1947, tribesmen from NWFP of Pakistan invaded Kashmir. Singh decided to join India,
Abdullah was Nehru’s friend and supported. Agreement of accession signed in 1947
gave Kashmir autonomy. India controlled defence, foreign affairs,
telecommunication. Local heads were President & PM. Autonomy gradually
disappeared.
 In 1953, India jailed Abdullah who was Kashmir’s PM and suggested an independent
Kashmir. (Kashmir Conspiracy Case) He was dismissed by Karan Singh (son of Hari
Singh) Evidence claimed a conspiracy for joining hands with Pakistan.
 In following decades India installed puppet rulers, that eroded autonomy and ignored
democratic rights. Sheikh was in jail for twenty years, upon release he signed with
Indian govt. and gave up the demand for plebiscite that UN recommended.
• 1987-90: Rigged Elections. Jagmohan.
Protests. Oppression.
 1974 – 1982: Sheikh gave up Independent Kashmir demand. Resumes power.
 1987: Indian govt. rig state elections. Opposition candidates arrested. Supporters terrorised.
(Yasin Malik was one tortured by polling agents.)
 1989: In December, a group of armed young Kashmiris led a twenty-year-old political activist
Yasin Malik, kidnapped daughter of Indian home minister. After negotiation, the govt. gave in
and released the five militants.
(Malik found immense popular support. Bottled up resentment of Kashmiris erupted. Young
guerrillas challenged India and were seen as heroes. Most received training between early 1988-
1989, had trained many more within Kashmir.)
 Near 1990: In next two months govt. responded ruthlessly. Hundreds were killed/arrested after
troops open fired on pro-independence Kashmiri protestors.
 20 Jan 1990: Jagmohan was appointed as governor of Jammu & Kashmir. He gave orders to
crush rebellion. Through the night of 19 January, military slammed and dragged young men. By
morning hundreds had been arrested, curfew and imposed. Mass protests erupted.
 Protest began from Srinagar. CRPF opened fire. More than 50 people were killed. First massacre
in Kashmir Valley.
1989-1990: Pandit Exodus.
 1989 - Pandit Tika Lal Taploo shot dead (political activist, leader of BJP)
 December 1989 - members of JKLF kidnapped Rubaiya Sayeed, daughter of union minister
Mufti Md. Sayeed, demanding release of five militants which was fulfilled.
 4 January 1990, local Urdu newspaper Aftab published a press release issued by Hizb-ul
Mujahideen asking Pandits to leave the valley immediately. (Explosive and inflaming speech
broadcasted from PA system of mosque). Posters with threatens to follow the Islamic rules
including abidance by Islamic Dress code, prohibition on alcohol, cinema and restriction on
Kashmiri women were put up.. Masked men with Kalashnikovs forced people to reset time to
Pakistan Standard Time. All buildings, shops, establishments coloured green. Shops, factories,
temples of Kashmiri Hindus were burned. Hindus were forced to march in front and shout
Pakistan Zindabad The sense of vulnerability and insecurity was added by attacks on
prominent Hindu politicians..
1989-1990: Pandit Exodus.
 1990 - Crowds assemble in mosques shouting anti-India, anti-pandit slogans (Kafir). In next
few months hundreds of pandits are tortured, killed and raped.
By year end 3.5 – 6 lakh Hindus escaped from the valley and have taken refuge.
 1997-2003 - Terrorist drag and gun down seven Pandits from their house 23 pandits shot in
cold blood (98). 24 (including infants) shot dead (2003)
 2012 - After more than 20 years, thousands continue to live in refugee settlement of 8x8. They
have not been able to securely return to their ancestral land
 2016 - Only 2-3 K remain there, 90k found refuge in Jammu, Punjab, Delhi. Govt. has made
marginal arrangements.
Why did govt. not give them assurance that they don't need to return instead of setting refugee
camps?
1990-PRESENT
• 1991: HM Formation
• 2008-10: Protests
• 2015: BJP-PDP Coalition
• 2016: Burhan Wani Death. Patharbaazi. Army oppression.
• 2019: Abrogation of 370/35A
• Near 1990: HM Formation
 Hizbul Mujahideen: Founded with support of ISI, considered an important
player that evolved the narrative of Kashmiri conflict from nationalism to
the religious lines of jihad, and is widely deemed as the military wing of
Jammat-e-Islami
 Jammat-e-Islami: Right wing Muslim nationalist movement found in 1941,
spearheading the movement to transform Pakistan from Muslim
homeland to an Islamic state. The intent was to make post-colonial
India (or a separate Muslim state if Muslim League got its wish) an Islamic
state. The intent was to put their org. members into position of power
through legal means (World Islamic Caliphate was a greater objective)
• 2008-10: Protests
Shifting Era (Guns to Stones)
 In 1990’s about 60K people had guns. While 90s was the era of guns, 2014 has started the era of stone
pelting.
 In 2008 the State Govt. of J&K allotted a piece of Kashmiri land to the Amarnath Shrine Board
following which very large (major shift from a violent to non-violent movement) protests outbroke.
The forces reacted violently resulting in which about 147 people were dead, many youths were
locked up in jail and PSA’s were slapped on them.
 This was a lost opportunity as the 90’s generation were now grown up and the Indian military/politic
still judged them by outdated parameters. This was a more direct and honest generation than their
parents. Crowds were open fired upon.
 Following 2008 Kashmir unrest, hundreds of thousands of Muslims marched in Srinagar for
independence, the largest protest against Indian rule in over a decade
 June 2010: Following the killing of a young Kashmiri, Tufail Ahmad Mattoo, protest demonstrations
continued in Kashmir for months. The protests abate in September after the government announce
measures to ease tension.
• 2015: BJP-PDP Coalition
 Pakistan's Agenda: Pakistan says it supports Kashmiris. Mudda geopolitic and water related hai.
Indus goes from Tibet to India to Pakistan, only source of fresh water for agri. It is a matter of
physical security and economic security.
 If 370 removed, then India & Kashmir may disconnect. After 1962 Sino-India war, even China has
become a stakeholder.
 2014 August - India cancels talks with Pakistan after accusing it of interfering in India's internal
affairs. The decision comes after Pakistan's High Commissioner in Delhi consulted Kashmiri
separatist leaders in advance of the talks. During a visit to the disputed border state of Jammu and
Kashmir, India's Prime Minister Narendra Modi accuses Pakistan of waging a proxy war against
India in Kashmir.
 2014 October - Pakistan and India exchange strongly-worded warnings, after a flare-up of violence
across their common border leaves at least 18 people dead.
 2014 Elections: Despite boycott calls by separatist Hurriyat leaders, the 2014 state election saw the
highest voter turnout in the 25 years since insurgency erupted in the region. Indian authorities
claimed that this was a vote of the Kashmiri people in favor of democracy of India.
• 2015: BJP-PDP Coalition
 2015 March - India's ruling BJP party is sworn into government in Indian-administered Kashmir for first
time in coalition with local People's Democratic Party, with the latter's Mufti Mohammad Sayeed as
chief minister.
 2016 April - Mehbooba Mufti, the leader of the People's Democratic Party (PDP), becomes the first
female chief minister of Indian-administered Kashmir following the death of her father and party
founder Mufti Mohammad Sayeed.
Q. Vajpayee handled the issue well; Kashmiris were positive about bilateral ties. People in Kashmir
were positive about Modi. But abhi Amit shah ka scene ki 370 temporary, overall insensitivity ke chalta,
are they following vajpayee's "Kashmiriyat-Jamooriyat-Insaaniyat“?
Ans. In words not following, in actions sometimes they follow, Kyuki majboori hai unki. Second
generation of BJP ki training is different from Vajpayee which was centre-right. Inki full rightist. Amit
shah want to follow vajpayee means, give panch-sarpanch power. >>>
• 2016: Burhan Wani Death.
Cult separatist leader with social fan following. Wani’s successor Zakir Musa ideates that militants
are fighting for the imposition of Sharia (Islamic Law). Commander of Hizbul Mujahideen (joined
at 15). Face of revolution (popular in youth). Modernized the idea of military
Killed on 8th July 2016. 2 lakh attended his funeral. Protests that followed resulted in 96 deaths,
15k civilian-4k security injuries. Worst since 2010 and a curfew of 53 days imposed.
Reportedly decided to join the military after a security person beat him up. Father has no regret.
Inspired Kashmiri's to join the militant groups, recruited 30 young boys. Body was wrapped in the
flag of Pakistan. Abdullah said more militants will join after his death than when he was alive.
Sharif expressed his shock over the killing, called him a martyr. His family was given 4 lakhs for
controversial killing of his older brother
• 2016: Patharbaazi.
 Patharbaaz are young (20-30) men who throw stones at Indian police and army as a means of their
resistance/revolution.
 They hoist Pakistan & ISIS flags, partly because of their inclination towards Pakistan and partly because they want to
do things that irritate India and attract media attention.
 One story reveals of a kid who was stopped by the police without reason and was beaten, following which the boy
started stone pelting. They wish to constantly remind India that they are occupied, therefore they throw stones..
Youngsters say that they are fighting with stones for there is no easy availability of arms, as seen in 90’s.
 Separatists distrust the media, feel that it has never shown their side of the story. Many of them are slapped with
FIR/PSA and warrants are released however they are not scared.
 The youth have limited life span, due to high chances of getting injured/killed. Some consider Mujahideen (refer
below) as their brothers.
 The military keeps a watchlist of the youth, and keep re-arresting them, or engaging them in legal bureaucratic
proceedings, at times beating them in jails or performing electric shocks.
 Tehreek-e-Sangbaaz (Stone Pelter’s Movement) :It is a youth-based resistance group that undertake Patharbaazi.
Some students are graduates as well.
Army Oppression - PSA
Public Safety Act 1978 (PSA)
 It gives the military the power to detain (lock up without trial) people on suspicion
of being a threat to the national security (2 year) and threat to public order (1
year)
 Courts although release the petitioners, yet police don’t release from jails as they
still consider them to be threats.
 941 petitions were filed in J&K HC and 81% of them were rejected as invalid. But still
many are not physically released.
 In 1100 days of Mufti Govt. (PDP_BJP) about 1200 cases of PSA were slapped.
 People’s Democratic Party (PFP) says PSA should be revoked but blames BJP for
not doing so.
Army Oppression - AFSPA
Armed Forces Special Act (AFSPA) (1958 in North East)- UN called for human
rights violation
 Violates international constitution. "A non-commissioned officer can order his
men to shoot to kill if he is of the opinion that it is necessary to do so for
maintenance of public order. This gives very wide discretion to even very
junior officers. They can destroy shelter. Bina warrant ke arrest. Army person
pe koi proceeding nahi, when he exercises the act without central govt.
sanction.
Army/Militants – Kashmiri Atrocities
 7 lakh soldiers to fight 150 militants - Khurram Parvez
 41K deaths in 27 years (14k civil, 5k personnel, 22k militants), 69,820 incidents
 They use Tear gas that induces nausea
 They use pellet guns that may blind the victims, some being the common folk, Hiba a 20-
month-old girl was one of them. Since 2010 there have been ten deaths and 1500 pellet
injuries, where 70% suffered eye damage.
 They claim maximum restraint, although the figures reveal otherwise.
 Claims suggest that police keep the suspicious boys for 2-3 months in jail and take 40k just
for firing a FIR
 Raids take place at home. Many enforced disappearances are witnessed.
Army/Militants – Kashmiri Atrocities
 45% of Kashmir’s adult population show symptoms of anxiety, depression and PTSD (post-
traumatic stress disorder)
 Militants take forced refugee at home.
 The population is divided into 4 parts: The one demanding total independence, one allying
with Pakistan, one allying with India and the one demanding special status autonomy
under the constitution of India
 63% male are less than 30, 70% below 35. 48% youth unemployed. Many attacks on military,
Pulwama, Uri. Over 100 killed in 2018, 55 this year.
 Rape, Mutilation, Custodial Killings, Fake Encounters, Torture are the claimed atrocities on
Militants & Civilians
Army/Militants – Friday Protests
 The location (Chase) showed was of Downtown Srinagar. The protest takes place strategically,
in different cycles. The militants imitate the police actions, as one group tires another comes
in. They adapt the same strategies as the military. Both the military and Patharbaaz get injured.
The battle continues to & fro. Sometimes the CID sends agents with handicams to record the
protest for later identifying and arresting the boys. Protest is a means of releasing the build-up
of frustration for both the sides as they reveal their aggression by their acts and abuses.
 Koshish Kashmir a non-profit that works with children and education says such activities are
desperate attempt by the children to seek attention. Unless these young boys do something
drastically different, no one will care about Kashmir. Malik (the owner) claims that many boys
are from well-off families, if they are poor then they will work hard to make ends-meet, where
will they find time to throw stones. In fact many girls are also takin to it, who gather the stones
and open doors when men are being chased by police.
2/3rd current population was born after 1980 militancy)
• 2019: Abrogation of 370/35A
 Article 370 & 35A were removed on 5th August 2019 by BJP majority government in Rajya Sabha. Local
ministers of PDP & NC were detained/put on house arrest. Internet/Calls suspended. Military forces
transferred. Heavy curfew imposed.
 J&K, Ladakh are now union territories, under complete state control and no special status/autonomy.
 All was done citing Development as a motive, allowing reservation, purchase of land and full
implementation of Indian Constitution
 Financial Emergency can be implemented by govt.
 Pakistan has reacted strongly by shutting down trade for the time being
 Srinagar’s reaction is still awaited, war like situation can emerge, and heavy protests are expected
• 2019: Abrogation of 370/35A
 Past promises of plebiscite and referendum were completely overlooked, even the act was implemented
in hurry without the constitutional procedures. It was a violation of federalism and the state consultation
was not undertaken
 Majority of Indians welcome the move, while some parties protest
 The move was unconstitutional because it requires the consent of an elected assembly of the state, also
amendment through 370 to the subjects the Union can deal with (except 3) in J&K requires the consent of
J&K assembly. It can’t be done by President or Governor’s consent. (Prashant Bhushan)
 With removal o 370, there is no legal connect between India & Kashmir. Kashmir simply becomes an India
military occupation. UT’s democracy is lower than even a normal state, with more involvement of the
Central Govt.
In rewriting future, we cannot forget history.
(The move is undemocratic, because democracy is for the people)
OTHER POINTERS
• MEDIATION
• UNHRC
• KHURRAM PARVEZ
• RELIGION V/S POLITICS
• RESOLUTION
• MEDIATION
 UN attempted mediation, after India took its complaint against PoK to UN Security council in 1949. A UNCIP was set-up
proposing mediation via a three point action plan, Pakistani demilitarisation of Kashmir region, India reduction of
military presence and plebiscite.
 The deal never got off the ground, Pakistan never agreed to demilitarise, and India under JN made it clear that
plebiscite wouldn’t be accepted. A ceasefire took place in 1949, monitored by UNMOGIP (United Nation Military
Observer Group in India & Pakistan).
 In 1960, the World Bank guaranteed Indus Water Treaty, and a territorial agreement on Rann of Kutch, successfully
mediated by British Govt (about using the water available in Indus River and distribution between India & Pakistan)
 During the Sino-Indian war in 1962, US provided India with planes and hardware about $60 million, with the price for
India to agree to mediated talks with Pakistan on Kashmir. Mediation was accepted because Nehru was in shock
after defeat to China, and further assistance by US was contingent on India’s cooperation on Kashmir talks. This
proceeded, however as India regained confidence, the talks floundered, and Nehru made it clear that India would
never give up the valley.
 After winning the war with Pakistan, that saw the creation of Bangladesh, in 1972 India negotiated the Shimla
agreement (conflict resolution), which did away with any idea of future mediation between the two countries b/w
Bhutto & Indira Gandhi.
 In 1999, Lahore declaration was signed between Sharif & Bihari, affirming the bilateral nature of issues and their
resolution. Thereby Trump’s words didn’t matter, for the resolution mechanisms are already in process. However the
bilateral efforts are at an end, have moved little since last few negotiations in Kashmir from 2003-08. Despite offers from
several leaders including Mandela, Guterres and Solberg, the answer has been thanks but no thanks.
• UNHRC
 UNHCHR (High Commissioner for Human Rights) report on human rights violation in Kashmir, calling for international
probe. The report largely draws information available on public domain, through RTI application, own data. Lack of
access to justice. Impunity to armed forces on grounds of AFSPA. Forces are empowered to open fire to maintain public
order. Militancy courts and tribunal courts impede the course of justice
 Machil Case - life sentences were awarded by military court to five army men for extrajudicial killings, suspended by
Armed Forces Tribunal
 Pathribal Case: court gave armed forces the option to prosecute the accused soldiers in military courts, giving itself a
clean chit. BSF used this to clear itself the charges of killing Zahid Farooq Sheikh
 PSA was originally introduced for timber smugglers in 1978, it is now used as a political weapon, RTI applications
reported in press revealed lack of rules/procedures
 Excessive force against civilians, number of protestors killed in 2016, over 90 casualties, lack of inquiries on civilian death
and allegations of civilians targeted during gunfights have cropped up
 Civilian killings in Shopian in Jan/April 2018
 Torture: death of lecturer in army raid in South Kashmir, use of civilian as human shield
 Pellet guns, death of Riyaz Ahmad Shah
 Arrest of Kamran Yousuf (photo-journalist) and detention of activist Khurram Parvez
 MEA rejected the report, object the use of Azad J&K, Gilgit Baltistan to describe territories on other side of LOC.
Khurram Parvez: Human Rights activist
in Srinagar
 Nothing to do with India's barbaadi, only concerned about their own Azaadi. 6.5 to 7.5 lakh soldiers, militants<500
 Not Pak sponsored, no. of militants since 1990 is 21k, only 3k are foreign. India wants to reap benefits of
Islamophobia. Struggle sustained by Kashmiri with limited. external support, lies about Pak sponsor proxy war,
media a part of military industry in Kashmir
 Unmarked graves of those whose identity is not known, Mass graves is which more than 1 person is buried. 8000
families which claim member disappearance, DNA tests can't be conducted.
 In Rape cases, women don't file because of fear from army, attack on their family. 7000 alleged cases of rape,
sodomy of boys and male rapes excluded. Women as sex workers, hardly call it consent when someone with gun
asks for sex, and she agrees. Major Rahman Hussain rape charge, wasn't convicted. Convicted for transgression
into civilian property, sentenced to year imprisonment.
 Kunan-Poshpura mass rape 1991: Through RTI it was found that case was closed, families continued to fight in
SHRC. Commission recommended 2 lakh to 40 allegedly raped woman, 2012 the law minister Mir Saifullah gave 1
lakh "cash" to each of the 39 families. There were 126 soldiers present there, the Army does not deny their
presence. In 2013, court ordered investigations to be completed in 3 months. Police kept asking extension, wrote
letters but army didn't respond. 1 lakh was paid for silencing the victims.
• KHURRAM PARVEZ
 No conviction yet for encounter, rape, custodial killings, disappearances or torture. Claims by Defence Ministry is
that women file cases to 'malign' the armed forces. Chattisinghpora massacre: 35 sikhs masacred in 2000. CBI
investigated it to be a fake encounter, said that officer should be prosecuted. Army decided not to court martial,
on grounds of insufficient evidence.
 State govt. in 25 yrs hasn't secured sanction for prosecution from MoD in case of Army
 Why investigations weren't conducted when Pandits were killed, why no commission of inquiry. Our demand for
prosecution of killers of Pandits is similar to the demand for prosecuting Indian Army (both are not counters, they
are equal). K-Pandit were 209 out of the 1400 minorities killed in state since 1990-91.
 While Pandits were provided camps and rations, but their exile got prolonged. But for other Hindus (kshatriya and
lower caste), the govt. pushed them back, they were told if they returned they would be given guns to fight. They
got killed, as they weren't fighters. (Many associated with VHP & RSS)
Kashmiris caught b/w state-militant binary, however militant is their own, not someone different. Kashmir has only two
narratives, one of Kashmir, one of army/state (both contradict).
Militants killing Kashmiris, are killings of state-collaborators and not ordinary citizen (kuch toh kiya hoga India ke liye)
Pakistan's Motives
 Pakistan has sponsored/pushed Jihadi groups against India. LeT, JeM, HUJI - main ones. Groups claim
Kashmir as the motive, however it is an excuse for many acts of terror, and an unstated policy of
Pakistan.
 Kargil War is an example, where Army denied direct involvement in operations, and credited it to
Mujahideen. For Indian govt. Kargil was a proof of how Pakistan and its proxies use Kashmir to create
false narratives and justify aggression against India.
 LeT, JeM are not limited to Kashmir, they are involved in other attacks in mainland India. If they are
fighting for Kashmir, then why does it attract a negligible number of recruits from Kashmir. Kasab was
from Punjab Pakistan, and recruited in the name of Kashmir. Other terrorists in 26/11 were recruited
and trained for Kashmir.
 Kashmir is the neck vein of Pakistan. The narrative is exploited by terror groups for recruitment and
propaganda. Global discourse on Islamophobia is also used to bolster these false narratives.
Kashmir will be used as a cause when it suits the policy of Pakistan.
• RELIGION V/S POLITICS
 Nature of separatist militancy had changed. Pro-Pak HM dominated the pro-independence JKLF by 1994. By mid
nineties LeT, JeM became more prominent.
 Pakistan Islamist militants kept mostly to themselves and did not mingle with Kashmiri militant population. Let & Jem
believed in suicide bombings which Kashmiri militants avoided. (Reportage described them as poor orphans of Afghan
war, raised in madrasas, pushed into Kashmir – had report cards ranging from civilians to informers to soldier)
 Religious-Political: Militant groups used Islam for mobilisation. Islamic history was borrowed and words like martyrdom
and jihad were thrown. Islamist militant groups gained upper hand in separatist militancy, and Kashmiri nationalist (pro-
independence) group like JKLF fell defunct, surrendered and adopted the politics of non-violent protests. Pakistan was
key to this, being against an Independent Kashmir as much as an Indian Kashmir.
 Pakistan turned towards the old time supporter Jammat-e-Islami, a right-wing politico-religious organisation with very
small presence since early fifties. Its intent was to establish an Islamic state. It never got more than 3 or 4 seats out of 70
in Kashmir assembly. When Pak dictator Zia-ul-Haq hung the socialist PM of Pakistan Zulfikar Ali Bhutto, liked by Kashmiri
Muslims. Kashmiris did not take kindly to Jammat. Their supporters were attacked by mob, their houses burnt. In early
nineties, Jammat reasserted itself after its militant wing Hizbul Mujahideen was found. (People from all shades of political
spectrum had used Islam for political gains) Jammat continued to be a minority, and Kashmiri muslims followed the
unorthodox Islam.
• RESOLUTION
 Immunised to fear. They have become the children of war. They are more educated. (born
in 1988-onwards). They have rejected the concept of nation-state. Democracy is a
weakening of the fight for caliphate.
 Militancy in 1988 ended in 2006, where AFSPA should have been removed.
 Opposition of Kashmiris to militants was rising. Counter-insurgency should have been eased
then. Now its not required but can't be removed because of blame game.
 Conflict itself suits many, those with power and media have turned conflict for advantage.
 Those who receive money have a stake, vested interest in Kashmir.
 World power have used Kashmir to leverage influence in both India & Pak.
 Buyer of arms in international market.
India-Pak conflict animosity is politics for other leaders.

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KASHMIR RESEARCH (BEGINNING - 2019)

  • 2. OUR INTENT  To make sure whoever sees the play gains sufficient knowledge about Kashmir’s history and present  To inform them and let them build their own perspective  To focus on the present situation, while knowing the past history  To present this as a fight of suppressed wishes, territorial greed, and political exploitation (conflict of three ideologies of Kashmir, India & Pakistan)  To lend the Kashmiri a voice, and the Delhiite an ear  To differentiate the religious and political lines
  • 3. Viewers of Play  Kashmiri – To make him understood  Delhiite – To make him understand  Historian – We must be historically correct  Political Analyst – We must be politically correct  Leftist – We must show their POV  Rightist – We must show their POV
  • 4. BEFORE 1947 • Hinduism • Buddhism • Islam • Ranjit-Hari-Gulab Singh • 1947 Partition
  • 5. Vishnu (Hinduism) 1. In Rajatarangini of Pandit Kalhana = At the beginning of Kalpa, or creation, the valley was a lake hundreds of feet deep, called Sati Saras, or the lake of Sati, consort of Kashmir’s preferred Lord, Shiva 2. In lake lived the demon Jalodbhava or the One born in water, who terrorized the Nagas, snakes 3. The Sage Kashyap, father of the Nagas, learnt about the brutal oppression and appealed to Brahma the Supreme as well as to other gods 4. But the demon was invincible as long as he remained in the womb of water and refused to emerge 5. The lord Vishnu them called upon his brother Balabhadra to end the stalemate 6. He took up his ploughshare and pierced the closed ring of mountains at Baramulla and Vishnu slewed him with his disc.
  • 6. Ashoka (Buddhism)  Ruled from Burma to Central Asia – Founded Srinagar, evolved into a flourishing city with “ninety-six thousand dwellings resplendent with prosperity.”  After his victory at Kalinga in Orissa, he turned a Buddhist evangelic and made Kashmir the crucible of his mission (wanting the creation of Buddhism in Kashmir).  Hinduism proved more durable in Kashmir.  After Ashoka, Kanishka, from Kushan Dynasty helped Buddhism to prosper in Kashmir.
  • 7. Rinchin 1. Richin was a Buddhist prince 2. Hinduism was the dominant creed 3. He had no option but to worship Lord Shiva 4. Conversion to Hinduism was not possible as pandits could not decide which caste in the hierarchy to place RInchin in 5. While islam had begun to get a growing number of adherents 6. Next morning on listening the morning prayer and seeing Bulbul shah, he went and poured questions to him 7. Bulbul shah commanded, to become a Muslim RInchin had to utter the Qalimah: ‘La-e-laha illallah, Muhammad un-Rasul Allah’ - There is no God but only Allah and Muhammad is His Messenger 8. Rinchin became Muslim that morning and assumed the title of Sultan Sadar-ud-din 9. And thus reached Muslim rule to Kashmir
  • 8. Afghan 1. Ahmad Shah Abdali -- a general in the armies of Nadir Shah, the Persian conqueror 2. He left the service after his master was assassinated 3. Returned to his own country, Afghanistan 4. First established control over Kabul and unified his own country 5. He then turned his eyes eastwards and brought Punjab under his sway 6. After a year, captured Kashmir 7. For 66 years after 1753, 5 afghan governors ruled Kashmir in the name of the Abdali dynasty 8. And began the stories of Afghan brutality
  • 9. Dogra Rule  Treaty of Amritsar in 1846 = it was this treaty which rewarded Gulab Singh’s support to the English caused by confirming him as the ruler of the new state of Jammu and Kashmir, along with Ladakh and Baltistan.  The valley of Kashmir was sold to Gulab Singh for just 75 lakh rupees [Nanakshahi]; fifty lakhs to be paid on ratification of this treaty and twenty-five lakhs on or before the 1st of October 1846 and present annually to the British Government one horse, twelve shawl goats of approved breed (six male and six female) and three pairs of Cashmere shawls.  Britishers placed their puppets and attempted to place a residence puppeteer in the court -- as was their practice elsewhere  Ranbir Singh (Gulab Singh’s son) inherited the throne in 1856,
  • 10. Dogra Rule  By 1888, the British were dictating a new constitution by 1889, the ruler’s authority had been clipped by a council = concentrated on splitting the Dogra family, fomenting a power struggle between Pratap Singh and his brother Amar Singh  Accused Pratap Singh(took throne in 1885) of having connections with Tsar (emperor of Russia)  Amar Singh had assisted the British conspiracy against the Maharaja by confirming the veracity of the alleged correspondence that Pratap Singh was accused of keeping with enemies.  During Pratap Singh’s reign British ruled Kashmir State directly (wanted to maintain their supremacy)  When Pratap Singh died without a direct heir on 1925, Hari Singh (Amar Singh's son) became maharaja in September  Maharaja, ignorant of the forces that were rising at his feet -- indulged in cheap pleasures of life and spent most of his time outside the state -- he has a false belief that everything is good in the state, even people condition
  • 11. 1931 Uprising The Kashmir Martyrs’ Day is observed each 13 July every year on both sides of the LOC and all over the world by the Kashmiris to pay homage to 22 Kashmiri people who were killed in 1931 during a revolt against atrocities on 13 July 1931, when people rose against Dogra rule and protested against the prosecution of sympathizer of Kashmir struggle, Abdul Qadeer Khan Ghazi.
  • 12. Hari Singh – Abdullah – Jinnah – Nehru (1947-Transition) During partition many states divided, Patel (diplomacy) was trying to convince (so was Jinnah). 3 risayate Hyderabad, Junagadh, Kashmir. Hyderabad was a core issue - cancer belly - hyderabad ke nizaam ko line me le aaye. Patel wasn't interested in Kashmir, if Kashmir goes to Pakistan he would accept it. Nehru stopped Kashmir from going (he was a Kashmiri Pandit. Even Gandhi wanted this to happen taaki Jinnah ki two nation theory galat saabit ho jaaye. Gandhi wanted to show that a Muslim majority state could live peacefully in as secular India. Two Nation Theory: Basis of creation of Pakistan. States that Muslims and Hindus are 2 separate nations by definition, therefore Muslims should have their own separate homeland where Islam can be practiced (CM Bhagel states that Savarkar (Hindu Mahasabha net) proposed the theory 16 years before Jinnah implemented it) Nehru and Sheikh Abdullah were friends. Hari Singh thought if Kashmir India me ban jaayega, toh woh Abdullah ko uski jagah laga dege, he didn't want Pakistan either, so he wanted Kashmir to be independent. He kept the state independent for 2 months, signing a stand still agreement with Kashmir and the same to India, that till the future is decided tab tak ongoing arrangement me koi change nahi ho. India ne Kashmir ke raaja ko bulaaya, tab Pakistan ne peeche hamla kar diya, unhone India se help maangi, India kept the condition ki unhe Kashmir ko India se milaana hoga. Instrument of accession was signed, jaha Kashmir India ke saath juda, and the first revolt began
  • 13. 1947-1990 • 1949: Ceasefire by UN • 1953-75: Abdullah Jailed. Peaceful Times • 1987: Rigged Elections. Oppression. • 1989: Rubiya’s Kidnapping • 1990: Jagmohan. Killings. Protests. Open Fire. 60K Guns. Pandit Exodus. • 1991: HM Formation
  • 14. • 1949: Ceasefire by UN When this went to UN, they decided that Pakistan removes its army and India will minimise its army, when situation will improve a referendum with Kashmir's folks will be held Due to accession, Article 370 was the result, Kashmir's situation never improved thereby no referendum, and a partition of the state was done  Article 370: Temporary provision and turned into special provision, where the central govt. (defence, external affairs, communication) kisi bhi issue me Kashmiri govt. ke ijaazat ke bina kuch nahi kar sakta  Instrument of Accession: J&K demanded its own constitution, negotiation hua aur 370 aaya. The article was temporary till a plebiscite was held to ascertain the wish of the people, tab tak woh apna khudka constitution banaye [means of connecting two constitutions]  President can bring presidential order to change the constitution (which led to added 35A)  35A: Kashmir govt. has the authority to define the permanent citizens and also assign to them provisions/rights (job, property, scholarship, settlement)  371A ke acc. Nagaland me no act of parliament is extended; many other states have special provision (in tribal areas) 370 has eroded, India has used it more than 45 times to extend provision of Indian const. to J&K, nullifying the special const. status of J&K
  • 15. 1953-75: Abdullah Jailed. Peaceful Times  Even previous to 1989, people had a sense of alienation and resentment, most Kashmiri Muslims felt against Indian rule. Not attaching to Indian nationalism, the flag, the cricket matches.  Kashmir was largest of 500 princely states under British sovereignty as of 1947. Predominantly Muslim, ruled by Hari Singh. Abdullah preferred India.  In 1947, tribesmen from NWFP of Pakistan invaded Kashmir. Singh decided to join India, Abdullah was Nehru’s friend and supported. Agreement of accession signed in 1947 gave Kashmir autonomy. India controlled defence, foreign affairs, telecommunication. Local heads were President & PM. Autonomy gradually disappeared.  In 1953, India jailed Abdullah who was Kashmir’s PM and suggested an independent Kashmir. (Kashmir Conspiracy Case) He was dismissed by Karan Singh (son of Hari Singh) Evidence claimed a conspiracy for joining hands with Pakistan.  In following decades India installed puppet rulers, that eroded autonomy and ignored democratic rights. Sheikh was in jail for twenty years, upon release he signed with Indian govt. and gave up the demand for plebiscite that UN recommended.
  • 16. • 1987-90: Rigged Elections. Jagmohan. Protests. Oppression.  1974 – 1982: Sheikh gave up Independent Kashmir demand. Resumes power.  1987: Indian govt. rig state elections. Opposition candidates arrested. Supporters terrorised. (Yasin Malik was one tortured by polling agents.)  1989: In December, a group of armed young Kashmiris led a twenty-year-old political activist Yasin Malik, kidnapped daughter of Indian home minister. After negotiation, the govt. gave in and released the five militants. (Malik found immense popular support. Bottled up resentment of Kashmiris erupted. Young guerrillas challenged India and were seen as heroes. Most received training between early 1988- 1989, had trained many more within Kashmir.)  Near 1990: In next two months govt. responded ruthlessly. Hundreds were killed/arrested after troops open fired on pro-independence Kashmiri protestors.  20 Jan 1990: Jagmohan was appointed as governor of Jammu & Kashmir. He gave orders to crush rebellion. Through the night of 19 January, military slammed and dragged young men. By morning hundreds had been arrested, curfew and imposed. Mass protests erupted.  Protest began from Srinagar. CRPF opened fire. More than 50 people were killed. First massacre in Kashmir Valley.
  • 17. 1989-1990: Pandit Exodus.  1989 - Pandit Tika Lal Taploo shot dead (political activist, leader of BJP)  December 1989 - members of JKLF kidnapped Rubaiya Sayeed, daughter of union minister Mufti Md. Sayeed, demanding release of five militants which was fulfilled.  4 January 1990, local Urdu newspaper Aftab published a press release issued by Hizb-ul Mujahideen asking Pandits to leave the valley immediately. (Explosive and inflaming speech broadcasted from PA system of mosque). Posters with threatens to follow the Islamic rules including abidance by Islamic Dress code, prohibition on alcohol, cinema and restriction on Kashmiri women were put up.. Masked men with Kalashnikovs forced people to reset time to Pakistan Standard Time. All buildings, shops, establishments coloured green. Shops, factories, temples of Kashmiri Hindus were burned. Hindus were forced to march in front and shout Pakistan Zindabad The sense of vulnerability and insecurity was added by attacks on prominent Hindu politicians..
  • 18. 1989-1990: Pandit Exodus.  1990 - Crowds assemble in mosques shouting anti-India, anti-pandit slogans (Kafir). In next few months hundreds of pandits are tortured, killed and raped. By year end 3.5 – 6 lakh Hindus escaped from the valley and have taken refuge.  1997-2003 - Terrorist drag and gun down seven Pandits from their house 23 pandits shot in cold blood (98). 24 (including infants) shot dead (2003)  2012 - After more than 20 years, thousands continue to live in refugee settlement of 8x8. They have not been able to securely return to their ancestral land  2016 - Only 2-3 K remain there, 90k found refuge in Jammu, Punjab, Delhi. Govt. has made marginal arrangements. Why did govt. not give them assurance that they don't need to return instead of setting refugee camps?
  • 19. 1990-PRESENT • 1991: HM Formation • 2008-10: Protests • 2015: BJP-PDP Coalition • 2016: Burhan Wani Death. Patharbaazi. Army oppression. • 2019: Abrogation of 370/35A
  • 20. • Near 1990: HM Formation  Hizbul Mujahideen: Founded with support of ISI, considered an important player that evolved the narrative of Kashmiri conflict from nationalism to the religious lines of jihad, and is widely deemed as the military wing of Jammat-e-Islami  Jammat-e-Islami: Right wing Muslim nationalist movement found in 1941, spearheading the movement to transform Pakistan from Muslim homeland to an Islamic state. The intent was to make post-colonial India (or a separate Muslim state if Muslim League got its wish) an Islamic state. The intent was to put their org. members into position of power through legal means (World Islamic Caliphate was a greater objective)
  • 21. • 2008-10: Protests Shifting Era (Guns to Stones)  In 1990’s about 60K people had guns. While 90s was the era of guns, 2014 has started the era of stone pelting.  In 2008 the State Govt. of J&K allotted a piece of Kashmiri land to the Amarnath Shrine Board following which very large (major shift from a violent to non-violent movement) protests outbroke. The forces reacted violently resulting in which about 147 people were dead, many youths were locked up in jail and PSA’s were slapped on them.  This was a lost opportunity as the 90’s generation were now grown up and the Indian military/politic still judged them by outdated parameters. This was a more direct and honest generation than their parents. Crowds were open fired upon.  Following 2008 Kashmir unrest, hundreds of thousands of Muslims marched in Srinagar for independence, the largest protest against Indian rule in over a decade  June 2010: Following the killing of a young Kashmiri, Tufail Ahmad Mattoo, protest demonstrations continued in Kashmir for months. The protests abate in September after the government announce measures to ease tension.
  • 22. • 2015: BJP-PDP Coalition  Pakistan's Agenda: Pakistan says it supports Kashmiris. Mudda geopolitic and water related hai. Indus goes from Tibet to India to Pakistan, only source of fresh water for agri. It is a matter of physical security and economic security.  If 370 removed, then India & Kashmir may disconnect. After 1962 Sino-India war, even China has become a stakeholder.  2014 August - India cancels talks with Pakistan after accusing it of interfering in India's internal affairs. The decision comes after Pakistan's High Commissioner in Delhi consulted Kashmiri separatist leaders in advance of the talks. During a visit to the disputed border state of Jammu and Kashmir, India's Prime Minister Narendra Modi accuses Pakistan of waging a proxy war against India in Kashmir.  2014 October - Pakistan and India exchange strongly-worded warnings, after a flare-up of violence across their common border leaves at least 18 people dead.  2014 Elections: Despite boycott calls by separatist Hurriyat leaders, the 2014 state election saw the highest voter turnout in the 25 years since insurgency erupted in the region. Indian authorities claimed that this was a vote of the Kashmiri people in favor of democracy of India.
  • 23. • 2015: BJP-PDP Coalition  2015 March - India's ruling BJP party is sworn into government in Indian-administered Kashmir for first time in coalition with local People's Democratic Party, with the latter's Mufti Mohammad Sayeed as chief minister.  2016 April - Mehbooba Mufti, the leader of the People's Democratic Party (PDP), becomes the first female chief minister of Indian-administered Kashmir following the death of her father and party founder Mufti Mohammad Sayeed. Q. Vajpayee handled the issue well; Kashmiris were positive about bilateral ties. People in Kashmir were positive about Modi. But abhi Amit shah ka scene ki 370 temporary, overall insensitivity ke chalta, are they following vajpayee's "Kashmiriyat-Jamooriyat-Insaaniyat“? Ans. In words not following, in actions sometimes they follow, Kyuki majboori hai unki. Second generation of BJP ki training is different from Vajpayee which was centre-right. Inki full rightist. Amit shah want to follow vajpayee means, give panch-sarpanch power. >>>
  • 24. • 2016: Burhan Wani Death. Cult separatist leader with social fan following. Wani’s successor Zakir Musa ideates that militants are fighting for the imposition of Sharia (Islamic Law). Commander of Hizbul Mujahideen (joined at 15). Face of revolution (popular in youth). Modernized the idea of military Killed on 8th July 2016. 2 lakh attended his funeral. Protests that followed resulted in 96 deaths, 15k civilian-4k security injuries. Worst since 2010 and a curfew of 53 days imposed. Reportedly decided to join the military after a security person beat him up. Father has no regret. Inspired Kashmiri's to join the militant groups, recruited 30 young boys. Body was wrapped in the flag of Pakistan. Abdullah said more militants will join after his death than when he was alive. Sharif expressed his shock over the killing, called him a martyr. His family was given 4 lakhs for controversial killing of his older brother
  • 25. • 2016: Patharbaazi.  Patharbaaz are young (20-30) men who throw stones at Indian police and army as a means of their resistance/revolution.  They hoist Pakistan & ISIS flags, partly because of their inclination towards Pakistan and partly because they want to do things that irritate India and attract media attention.  One story reveals of a kid who was stopped by the police without reason and was beaten, following which the boy started stone pelting. They wish to constantly remind India that they are occupied, therefore they throw stones.. Youngsters say that they are fighting with stones for there is no easy availability of arms, as seen in 90’s.  Separatists distrust the media, feel that it has never shown their side of the story. Many of them are slapped with FIR/PSA and warrants are released however they are not scared.  The youth have limited life span, due to high chances of getting injured/killed. Some consider Mujahideen (refer below) as their brothers.  The military keeps a watchlist of the youth, and keep re-arresting them, or engaging them in legal bureaucratic proceedings, at times beating them in jails or performing electric shocks.  Tehreek-e-Sangbaaz (Stone Pelter’s Movement) :It is a youth-based resistance group that undertake Patharbaazi. Some students are graduates as well.
  • 26. Army Oppression - PSA Public Safety Act 1978 (PSA)  It gives the military the power to detain (lock up without trial) people on suspicion of being a threat to the national security (2 year) and threat to public order (1 year)  Courts although release the petitioners, yet police don’t release from jails as they still consider them to be threats.  941 petitions were filed in J&K HC and 81% of them were rejected as invalid. But still many are not physically released.  In 1100 days of Mufti Govt. (PDP_BJP) about 1200 cases of PSA were slapped.  People’s Democratic Party (PFP) says PSA should be revoked but blames BJP for not doing so.
  • 27. Army Oppression - AFSPA Armed Forces Special Act (AFSPA) (1958 in North East)- UN called for human rights violation  Violates international constitution. "A non-commissioned officer can order his men to shoot to kill if he is of the opinion that it is necessary to do so for maintenance of public order. This gives very wide discretion to even very junior officers. They can destroy shelter. Bina warrant ke arrest. Army person pe koi proceeding nahi, when he exercises the act without central govt. sanction.
  • 28. Army/Militants – Kashmiri Atrocities  7 lakh soldiers to fight 150 militants - Khurram Parvez  41K deaths in 27 years (14k civil, 5k personnel, 22k militants), 69,820 incidents  They use Tear gas that induces nausea  They use pellet guns that may blind the victims, some being the common folk, Hiba a 20- month-old girl was one of them. Since 2010 there have been ten deaths and 1500 pellet injuries, where 70% suffered eye damage.  They claim maximum restraint, although the figures reveal otherwise.  Claims suggest that police keep the suspicious boys for 2-3 months in jail and take 40k just for firing a FIR  Raids take place at home. Many enforced disappearances are witnessed.
  • 29. Army/Militants – Kashmiri Atrocities  45% of Kashmir’s adult population show symptoms of anxiety, depression and PTSD (post- traumatic stress disorder)  Militants take forced refugee at home.  The population is divided into 4 parts: The one demanding total independence, one allying with Pakistan, one allying with India and the one demanding special status autonomy under the constitution of India  63% male are less than 30, 70% below 35. 48% youth unemployed. Many attacks on military, Pulwama, Uri. Over 100 killed in 2018, 55 this year.  Rape, Mutilation, Custodial Killings, Fake Encounters, Torture are the claimed atrocities on Militants & Civilians
  • 30. Army/Militants – Friday Protests  The location (Chase) showed was of Downtown Srinagar. The protest takes place strategically, in different cycles. The militants imitate the police actions, as one group tires another comes in. They adapt the same strategies as the military. Both the military and Patharbaaz get injured. The battle continues to & fro. Sometimes the CID sends agents with handicams to record the protest for later identifying and arresting the boys. Protest is a means of releasing the build-up of frustration for both the sides as they reveal their aggression by their acts and abuses.  Koshish Kashmir a non-profit that works with children and education says such activities are desperate attempt by the children to seek attention. Unless these young boys do something drastically different, no one will care about Kashmir. Malik (the owner) claims that many boys are from well-off families, if they are poor then they will work hard to make ends-meet, where will they find time to throw stones. In fact many girls are also takin to it, who gather the stones and open doors when men are being chased by police. 2/3rd current population was born after 1980 militancy)
  • 31. • 2019: Abrogation of 370/35A  Article 370 & 35A were removed on 5th August 2019 by BJP majority government in Rajya Sabha. Local ministers of PDP & NC were detained/put on house arrest. Internet/Calls suspended. Military forces transferred. Heavy curfew imposed.  J&K, Ladakh are now union territories, under complete state control and no special status/autonomy.  All was done citing Development as a motive, allowing reservation, purchase of land and full implementation of Indian Constitution  Financial Emergency can be implemented by govt.  Pakistan has reacted strongly by shutting down trade for the time being  Srinagar’s reaction is still awaited, war like situation can emerge, and heavy protests are expected
  • 32. • 2019: Abrogation of 370/35A  Past promises of plebiscite and referendum were completely overlooked, even the act was implemented in hurry without the constitutional procedures. It was a violation of federalism and the state consultation was not undertaken  Majority of Indians welcome the move, while some parties protest  The move was unconstitutional because it requires the consent of an elected assembly of the state, also amendment through 370 to the subjects the Union can deal with (except 3) in J&K requires the consent of J&K assembly. It can’t be done by President or Governor’s consent. (Prashant Bhushan)  With removal o 370, there is no legal connect between India & Kashmir. Kashmir simply becomes an India military occupation. UT’s democracy is lower than even a normal state, with more involvement of the Central Govt. In rewriting future, we cannot forget history. (The move is undemocratic, because democracy is for the people)
  • 33. OTHER POINTERS • MEDIATION • UNHRC • KHURRAM PARVEZ • RELIGION V/S POLITICS • RESOLUTION
  • 34. • MEDIATION  UN attempted mediation, after India took its complaint against PoK to UN Security council in 1949. A UNCIP was set-up proposing mediation via a three point action plan, Pakistani demilitarisation of Kashmir region, India reduction of military presence and plebiscite.  The deal never got off the ground, Pakistan never agreed to demilitarise, and India under JN made it clear that plebiscite wouldn’t be accepted. A ceasefire took place in 1949, monitored by UNMOGIP (United Nation Military Observer Group in India & Pakistan).  In 1960, the World Bank guaranteed Indus Water Treaty, and a territorial agreement on Rann of Kutch, successfully mediated by British Govt (about using the water available in Indus River and distribution between India & Pakistan)  During the Sino-Indian war in 1962, US provided India with planes and hardware about $60 million, with the price for India to agree to mediated talks with Pakistan on Kashmir. Mediation was accepted because Nehru was in shock after defeat to China, and further assistance by US was contingent on India’s cooperation on Kashmir talks. This proceeded, however as India regained confidence, the talks floundered, and Nehru made it clear that India would never give up the valley.  After winning the war with Pakistan, that saw the creation of Bangladesh, in 1972 India negotiated the Shimla agreement (conflict resolution), which did away with any idea of future mediation between the two countries b/w Bhutto & Indira Gandhi.  In 1999, Lahore declaration was signed between Sharif & Bihari, affirming the bilateral nature of issues and their resolution. Thereby Trump’s words didn’t matter, for the resolution mechanisms are already in process. However the bilateral efforts are at an end, have moved little since last few negotiations in Kashmir from 2003-08. Despite offers from several leaders including Mandela, Guterres and Solberg, the answer has been thanks but no thanks.
  • 35. • UNHRC  UNHCHR (High Commissioner for Human Rights) report on human rights violation in Kashmir, calling for international probe. The report largely draws information available on public domain, through RTI application, own data. Lack of access to justice. Impunity to armed forces on grounds of AFSPA. Forces are empowered to open fire to maintain public order. Militancy courts and tribunal courts impede the course of justice  Machil Case - life sentences were awarded by military court to five army men for extrajudicial killings, suspended by Armed Forces Tribunal  Pathribal Case: court gave armed forces the option to prosecute the accused soldiers in military courts, giving itself a clean chit. BSF used this to clear itself the charges of killing Zahid Farooq Sheikh  PSA was originally introduced for timber smugglers in 1978, it is now used as a political weapon, RTI applications reported in press revealed lack of rules/procedures  Excessive force against civilians, number of protestors killed in 2016, over 90 casualties, lack of inquiries on civilian death and allegations of civilians targeted during gunfights have cropped up  Civilian killings in Shopian in Jan/April 2018  Torture: death of lecturer in army raid in South Kashmir, use of civilian as human shield  Pellet guns, death of Riyaz Ahmad Shah  Arrest of Kamran Yousuf (photo-journalist) and detention of activist Khurram Parvez  MEA rejected the report, object the use of Azad J&K, Gilgit Baltistan to describe territories on other side of LOC.
  • 36. Khurram Parvez: Human Rights activist in Srinagar  Nothing to do with India's barbaadi, only concerned about their own Azaadi. 6.5 to 7.5 lakh soldiers, militants<500  Not Pak sponsored, no. of militants since 1990 is 21k, only 3k are foreign. India wants to reap benefits of Islamophobia. Struggle sustained by Kashmiri with limited. external support, lies about Pak sponsor proxy war, media a part of military industry in Kashmir  Unmarked graves of those whose identity is not known, Mass graves is which more than 1 person is buried. 8000 families which claim member disappearance, DNA tests can't be conducted.  In Rape cases, women don't file because of fear from army, attack on their family. 7000 alleged cases of rape, sodomy of boys and male rapes excluded. Women as sex workers, hardly call it consent when someone with gun asks for sex, and she agrees. Major Rahman Hussain rape charge, wasn't convicted. Convicted for transgression into civilian property, sentenced to year imprisonment.  Kunan-Poshpura mass rape 1991: Through RTI it was found that case was closed, families continued to fight in SHRC. Commission recommended 2 lakh to 40 allegedly raped woman, 2012 the law minister Mir Saifullah gave 1 lakh "cash" to each of the 39 families. There were 126 soldiers present there, the Army does not deny their presence. In 2013, court ordered investigations to be completed in 3 months. Police kept asking extension, wrote letters but army didn't respond. 1 lakh was paid for silencing the victims.
  • 37. • KHURRAM PARVEZ  No conviction yet for encounter, rape, custodial killings, disappearances or torture. Claims by Defence Ministry is that women file cases to 'malign' the armed forces. Chattisinghpora massacre: 35 sikhs masacred in 2000. CBI investigated it to be a fake encounter, said that officer should be prosecuted. Army decided not to court martial, on grounds of insufficient evidence.  State govt. in 25 yrs hasn't secured sanction for prosecution from MoD in case of Army  Why investigations weren't conducted when Pandits were killed, why no commission of inquiry. Our demand for prosecution of killers of Pandits is similar to the demand for prosecuting Indian Army (both are not counters, they are equal). K-Pandit were 209 out of the 1400 minorities killed in state since 1990-91.  While Pandits were provided camps and rations, but their exile got prolonged. But for other Hindus (kshatriya and lower caste), the govt. pushed them back, they were told if they returned they would be given guns to fight. They got killed, as they weren't fighters. (Many associated with VHP & RSS) Kashmiris caught b/w state-militant binary, however militant is their own, not someone different. Kashmir has only two narratives, one of Kashmir, one of army/state (both contradict). Militants killing Kashmiris, are killings of state-collaborators and not ordinary citizen (kuch toh kiya hoga India ke liye)
  • 38. Pakistan's Motives  Pakistan has sponsored/pushed Jihadi groups against India. LeT, JeM, HUJI - main ones. Groups claim Kashmir as the motive, however it is an excuse for many acts of terror, and an unstated policy of Pakistan.  Kargil War is an example, where Army denied direct involvement in operations, and credited it to Mujahideen. For Indian govt. Kargil was a proof of how Pakistan and its proxies use Kashmir to create false narratives and justify aggression against India.  LeT, JeM are not limited to Kashmir, they are involved in other attacks in mainland India. If they are fighting for Kashmir, then why does it attract a negligible number of recruits from Kashmir. Kasab was from Punjab Pakistan, and recruited in the name of Kashmir. Other terrorists in 26/11 were recruited and trained for Kashmir.  Kashmir is the neck vein of Pakistan. The narrative is exploited by terror groups for recruitment and propaganda. Global discourse on Islamophobia is also used to bolster these false narratives. Kashmir will be used as a cause when it suits the policy of Pakistan.
  • 39. • RELIGION V/S POLITICS  Nature of separatist militancy had changed. Pro-Pak HM dominated the pro-independence JKLF by 1994. By mid nineties LeT, JeM became more prominent.  Pakistan Islamist militants kept mostly to themselves and did not mingle with Kashmiri militant population. Let & Jem believed in suicide bombings which Kashmiri militants avoided. (Reportage described them as poor orphans of Afghan war, raised in madrasas, pushed into Kashmir – had report cards ranging from civilians to informers to soldier)  Religious-Political: Militant groups used Islam for mobilisation. Islamic history was borrowed and words like martyrdom and jihad were thrown. Islamist militant groups gained upper hand in separatist militancy, and Kashmiri nationalist (pro- independence) group like JKLF fell defunct, surrendered and adopted the politics of non-violent protests. Pakistan was key to this, being against an Independent Kashmir as much as an Indian Kashmir.  Pakistan turned towards the old time supporter Jammat-e-Islami, a right-wing politico-religious organisation with very small presence since early fifties. Its intent was to establish an Islamic state. It never got more than 3 or 4 seats out of 70 in Kashmir assembly. When Pak dictator Zia-ul-Haq hung the socialist PM of Pakistan Zulfikar Ali Bhutto, liked by Kashmiri Muslims. Kashmiris did not take kindly to Jammat. Their supporters were attacked by mob, their houses burnt. In early nineties, Jammat reasserted itself after its militant wing Hizbul Mujahideen was found. (People from all shades of political spectrum had used Islam for political gains) Jammat continued to be a minority, and Kashmiri muslims followed the unorthodox Islam.
  • 40. • RESOLUTION  Immunised to fear. They have become the children of war. They are more educated. (born in 1988-onwards). They have rejected the concept of nation-state. Democracy is a weakening of the fight for caliphate.  Militancy in 1988 ended in 2006, where AFSPA should have been removed.  Opposition of Kashmiris to militants was rising. Counter-insurgency should have been eased then. Now its not required but can't be removed because of blame game.  Conflict itself suits many, those with power and media have turned conflict for advantage.  Those who receive money have a stake, vested interest in Kashmir.  World power have used Kashmir to leverage influence in both India & Pak.  Buyer of arms in international market. India-Pak conflict animosity is politics for other leaders.