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The kashmir conflict


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Away from media glamour the truth is somewhat different

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The kashmir conflict

  1. 1. KashmirThe scared and beautiful 1
  3. 3. • 1947 – End of British rule• Indian Independence act 1947• Maharaja HariSingh.• Instrument of Accession.• Governor general of India – Lord Mountbatten – “It is my Governments wish that as soon as law and order have been restored in Jammu and Kashmir and her soil cleared of the invader the question of the States accession should be settled by a reference to the people.”• Plebiscite 3
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  5. 5. • First Kashmir War (1947-1948)• UN Security Council (Resolution 47)• 1965 and 1971 wars• 1989 – armed insurgency• India’s View• Pakistan’s View 5
  6. 6. • Executions of detainees and indiscriminate attacks on civilians escalated during the operation, and during another which followed, called “Operation Shiva”.• By mid-1993,human rights groups and journalists in Kashmir reported figures of several hundred executions of detainees since Operation Tiger began. 6
  7. 7. Applicable international law 7
  8. 8. International human rights law and standards• International human rights law prohibits the arbitrary deprivation of life under any circumstances.• The Government of India is a signatory to the International Covenant on Civil and Political Rights (ICCPR).• Article 6 of the ICCPR expressly prohibits derogation from the right to life. Thus, even during time of emergency. 8
  9. 9. • The International Covenant on Civil and Political Rights (ICCPR) also prohibits torture and other forms of cruel, inhuman and degrading treatment.• 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. 9
  10. 10. International humanitarian law• Also called the law of armed conflict applicable in non- international (internal) armed conflicts.• The applicable law is found in Article 3 common to the four Geneva Conventions of August 12,• India has ratified the four Geneva Conventions of 1949, and is thus obliged to uphold Common Article 3.• It defines the conduct and responsibilities of belligerent nations, neutral nations and individuals engaged in warfare, in relation to each other and to protected persons, usually meaning civilians. 10
  11. 11. Impunity laws 11
  12. 12. Armed forces special powers act(AFSPA)• Arrest individuals at will without any arrest warrants• Raise residential houses to ground without any prior notification• Shoot at will on any suspicious individual• And above all enjoy full impunity from the law and court 12
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  14. 14. Disturbed areas act• Enacted by the President of India An Act to provide for better provision for the suppression of disorder and for the restoration and maintenance of public order in disturbed areas in Jammu and Kashmir .• In a "disturbed area", any Magistrate or Police Officer of the Police may, if he is of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning, as he may consider necessary, 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 breach of public order 14
  15. 15. Public safety act• Projected for the safe guard of civilians.• A person can be arrested and put in jail for 7 days and then presented in court of law.• If the court squashes PSA an individual is rearrested under the same PSA and the process can continue for years all together.• Thousands of Kashmiri youth are currently detained under this draconian law 15
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  17. 17. POTA• Prevention of terrorism act…2002• The act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act (TADA) (1985–95).• The act was repealed in 2004 by the United Progressive Alliance coalition. 17
  18. 18. • The act provided the legal framework to strengthen administrative rights to fight terrorism, and was to be applied against any persons and acts covered by the provisions within the act.• Special powers were granted to the investigating authorities.• Under the new law, a suspect could be detained for up to 180 days without the filing of charge sheet in court. 18
  19. 19. • Once the Act became law, many reports surfaced of the law being grossly abused.• Claims emerged that POTA legislation contributed to corruption within the Indian police and judicial system, and human rights and civil liberty groups fought against it.• However it continues to be implemented In the valley in contrary to other states. 19
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  21. 21. Enforced disappearances 21
  22. 22. Enforced disappearances• Enforced Disappearance is abduction or kidnapping, carried out by State agents, or organized groups and individuals who act with State support or tolerance, in which the victim "disappears".• Authorities neither accept responsibility for the dead, nor account for the whereabouts of the victim 22
  23. 23. • Youth are randomly arrested and taken to unknown locations by the security agencies.• They are either killed in encounters or torture in jails and later buried or thrown in rivers and lakes.• Legal recourse including petitions of habeas corpus, remain ineffective.• Enforced Disappearance is a serious violation of fundamental human rights. 23
  24. 24. Mass graves• Large scale mass graves have been recently found in the valley after Wikileaks revelations• An estimate of 371 graves were found at a single location containing approx 400 bodies• Eyewitnesses and grave diggers say that army and State police used to come and bury bodies after dark. 24
  25. 25. • In another location 2156 unidentified graves were found in 38 sites in North Kashmir district .• At two separate location around 3500(208 sites) and 2500 graves have been found.• Govt promised DNA tests to reveal the bodies however no tests were conducted till now 25
  26. 26. MASSGRAVES 26
  28. 28. Kunan posh pora mass rape 28
  29. 29. Kunan posh pora mass rape• Occurred on February 23, 1991,• Units of the Indian army launched a search and interrogation operation in the village of Kunan Poshpora, located in Kashmirs remote Kupwara District.• At least 53 women were allegedly gang raped by soldiers that night.• However, Human Rights organizations including Human Rights Watch have reported that the number of raped women could be as high as 100 29
  30. 30. Sopore town massacre• The "Sopore Massacre" refers to the alleged killing of 55 Kashmiri civilians by the Indian Border Security Force (BSF) after militants ambushed a BSF patrol, in the town of Sopore in Kashmir on 6 January 1993.• Forces fired at local residents and set fire to local homes and businesses.• Witnesses claim that BSF soldiers attacked a public coach killing the driver and at least 15 passengers as well as attacking and burning three other cars. 30
  31. 31. Papa 2• Formed in the year 1988• Operated by the Border Security Force (BSF), it was reportedly "the most infamous torture center in Kashmir“.• Both militants and civilians were tortured using extreme methods.• Death toll in 9 years of its operation reached to 10000( exact count not known ) 31
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  33. 33. THE 33
  34. 34. Thank you 34