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COMBAT LAW 

jULY-aUGUST, 2008 

Editor 

Colin Gonsalves 

VOLUME 7, ISSUE 4 

Managing Editor 

Harsh Dobhal 

Senior Associate Editors 

Suresh Nautiyal 

Abid Shah 

Associate Editor 

Sujata Krishnamurthi 

Correspondents 

Mallika Iyer (Mumbai) 

Sheela Ramanathan (Bangalore) 

Geetha D (Chennai) 

Special Contribution 

Faisal Qadri 

Aaliya Anjum 

Amrit Dhatt 

Photos 

Harsh Dobhal 

Bilal Bahadur 

Layout 

Birendra K Gupta 

Deputy Manager (Circulation) 

Hitendra Chauhan 

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Law and the author. In case of 

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opinions expressed in the articles 

are those of the authors. 

Vale where justice fails 

Earlier this year, hundreds of unidentified graves were discovered in 

Kashmir, believed to be containing victims of unlawful killings in a 

region which has witnessed gross human rights abuses at a colossal scale. 

Forget the government, even the Indian media and civil society did not get 

anguished, agitated and provoked at this discovery. This single incident is 

an important pointer towards the kind of attention our country pays to 

Kashmir. And here lies the irony. Kashmir is an overwritten but also a written 

off issue.. Little understood, Kashmir is always in news but Kashmiris 

get scant regard. Indeed, the world community looks at troubles in 

Kashmir primarily linked to either India or Pakistan, or part of an Islamic 

Jihad and global war on terror. Thus, the Kashmiri identity, the glorious 

history of thousands of years as also the real issue are completely ignored. 

Nearly two decades have elapsed since the Valley has been stalked by 

fear and violence and the unending imbroglio has not only ruined the 

economy but also turned the 'paradise on earth' into a dreaded zone where 

widows and orphans abound. Over 60,000 dead, thousands gone missing 

and hundreds brutally tortured. A staggering 50,000 or more have been 

orphaned. Thousands of women have been thrust with widowhood, many 

do not know the fate of their husbands or young sons who were whisked 

away by armed military or militiamen. Women whose husbands could not 

be traced have come to be described as ‘half-widows’. Neither they can 

marry again, nor can they claim any share in their husbands’ property, simply 

because those who whisked such hapless Kashmiris away never disclosed 

their fate. A whole generation calls itself children of conflict, those 

who have grown under the shadow of guns; conflict has shaped their personality 

and conflict decides their identity. There has been a huge trust 

deficit between rulers and the ruled in Kashmir. 

And, thus a heavy blow has been suffered by rule of law. The law has 

actually been getting a short shrift. Far from inspiring those for whom it is 

meant, it drives dread and chill in their hearts. On the one hand this itself 

has been preparing ground for potential rebels ready to take guns and further 

fuel strife, turning it into a vicious cycle called insurgency and counter 

insurgency. 

Kashmir may signify different things to different people but this journal 

has taken it up as a human rights issue where, as put by former chairperson 

of Bar Council of India, Dhairyasheel Patil, during a recent visit to 

Srinagar, an entire world (of Kashmiris) has crumbled. And so he exhorted 

a group of university students to build a new world. A brave new world to 

be built by a new generation has to begin with digging one’s feet for his or 

her rights. All those who wield gun have to be made accountable before 

law before any kind of change can be visualised vis-a-vis Kashmir. 

Kashmir is not the only dark spot belying high standards set by the 

founding fathers of the idea called India. There are Manipur, Nagaland, 

Assam, Chhattisgarh, Jharkhand and now even Uttarakhand. Nandigram 

and Singur in West Bengal, Kalinganagar in Orissa, Santoshpur in 

Chhattisgarh, and Khammam in Andhra Pradesh: the political colour of 

the governments in these states might be different, but across the political 

spectrum the State has come down heavily on people who differed with it 

on one count or the other. And mass uprisings become inevitable if the 

State does not address the real issues. Forty-year-long crackdown against 

Naxals, for example, could not stop them from spreading their influence to 

rural hiterland of Bihar, Uttar Pradesh, Madhya Pradesh, West Bengal and 

Orissa which are characterised by high poverty and high proportion of 

Scheduled Castes and Scheduled Tribes population. Following pages carry 

excerpts from a government report brought out recently which strongly 

recommends redress of economic and social issues in these regions besides 

unconditional talks with Naxals. 

Harsh Dobhal


C O N T E N T S 

LETTERS TO THE EDITOR 5 

GOVT'S NAXAL REPORT 

Development challenges in 

Naxal-affected areas 6 

Forty years of crackdown 

against Naxals could not stop 

them from spreading their 

influence to rural pockets 

afflicted by extreme poverty 

and blatant discrimination against poor, says 

an expert body appointed by government in 

its report to the planning commission, writes 

Santosh Mehrotra 

GENERAL 

Deprivation turns people to Naxalism, 

says Government report 12 

Factors that lead to Naxal uprisings in certain rural pockets 

of the country came under Government study, courtesy 

Planning Commission. A committee formed by it had former 

police and intelligence chiefs 

besides bureaucrats and activists. 

Together they aver that abysmal 

poverty, near destitution, blatant 

caste discrimination, misplaced 

policing and absence of a redressal 

mechanism propel Naxalism. 

Exclusive excerpts: 

MURDER OF DEMOCRACY 

LAND GRAB 

Public outrage at activist’s murder 23 

Seeking transparent implementation of 

Employment Guarantee Act costs Lalit 

Mehta his life. His death creates fierce 

outrage in Jharkhand. Parvinder Singh 

reports from Ranchi 

Operation Grab-Back: 

Heeding Medha’s Cry 26 

In the wake of UP government’s decision to take over 

huge chunk of agricultural land in Kushinagar in the 

name of developing a Buddhist pilgrimage centre, the 

national alliance of people’s movements held a farmers’ meeting in the little 

town where Medha Patkar called for land grab whether for manufacturing 

or exports or on any other pretext as recolonisation, writes 

Elisabeth Abeson from Kushinagar 

DISABILITY RIGHTS 

UN opens new chapter in 

the lives of disabled 25 

UN Convention on the Rights of Persons 

with Disabilities has come into force from 

May 3 with 20 countries ratifying it. India 

is also a signatory. This can signal fresh 

hope for the disabled. A report by 

Combat Law team 

LAW AND JUDGEMENT 

A voice of conscience 28 

A second postmortem in a custody death 

was first declined and then acceded by 

Delhi High Court and in between the two 

positions came judge’s conscience. a 

Combat Law report 

VALLEY OF FEAR 

Incarcerated land and people 30 

Over half-a-million troops keep Kashmir captive. 

This has not only robbed people of 

their normal civilian space but also led to 

one of the worst stresses that any land or its 

people have come under, says award winning 

documentary filmmaker Sanjay Kak 

KASHMIR 

Orphaned souls cry for help 33 

Kashmir conflict has turned out to be an orphan factory, 

writes AR Hanjura 

Enforced disappearances 35 

More and more people go out of sight in the wake of 

enforced disappearances in Jammu & Kashmir. Their families 

want endlessly hoping against the hope, writes Mir Hafizullah 

A tale of anguish and courage 38 

Sixteen-year-long struggle by a lone woman with eight children 

to locate her husband after he was shoved into a police 

vehicle. Tanveen Kawoosa visits the extraordinary woman 

Impossibility of justice 39 

Legal remedies available to protect right to life are crippled by 

judicial indifference among other things, writes advocate 

Ashok Agrwaal 

2 

COMBAT LAW JULY-AUGUST 2008



HEALING TOUCH 


Try out participatory justice 43 

Taking people into confidence and redress 

mechanism is the task in Kashmir’s case, writes 

Haly Duschinski from Ohio, USA 

FOUL ARREST 

Poor professor in tears as son rots in Tihar 53 

A case of victimisation of youth of minority community 

Subhash Gatade 

MILITARY VIEW 

Military might and human rights 55 

Forces have to be accountable for punishing the 

innocent along side those who took to guns, 

writes SuJata krishnamurthi 

Maimed, mauled by military-militia 46 

Besides being an issue or problem, Kashmir for 

locals is difficult to talk about as fear lurks through 

the air, writes Amrit Dhatt 

Captive state in a free subcontinent 48 

Kashmir’s status of a superior order under British 

rule could not last as it was soon caught amidst an 

India-Pakistan rivalry, writes Dr Abdul Majid Siraj 

Twenty-year-long night of 

long knives 57 

Former Army Chief 

General S Padmanabhan 

talks to Sujata 

Krishnamurthi in an exclusive 

interview about army’s 

role in Kashmir 

Growing up in a valley of fear 50 

The new generation of Kashmiris is growing up as a 

string of bad dreams chase them even after they 

leave and go far away from the home, writes 

Feroz Rather 

HURRIYAT VIEW 

Taking up arms a compulsion 

not choice: Geelani 63 

Leader of separatist movement Syed Ali Shah Geelani 

in conversation with Aaliya Anjum 

‘Dialogue instead of deadlock’: Mirwaiz 

Umar Farooq 68 

The young moderate among the separatist 

leaders talks to Amrit Dhatt 

www.combatlaw.org 

3




Amarnath row puts communalists back to business 71 

Not just chief minister but sanity has also bolted out from 

an already embattled zone that got another dose of hate 

with the move to hand over a piece of forest land to 

Amarnath Shrine Board, writes Praful Bidwai 

Inventing a controversy 74 

Sectarian positioning by politicos led to 

Amarnath controversy, writes Sant Kumar 

Sharma from Jammu 

International law and Kashmir 87 

Right to self-determination is a human right 

if viewed in the light of international law, 

writes Sheikh Showkat Hussain 

A religious rage or more 90 

Religion is important but not the only factor 

that motivates Kashmiris to a struggle for 

what they call as self-determination, writes 

Khalid Wasim Hassan 

Centuries subjugation kicks off a bitter struggle 76 

Chronology of alien rule since Mughal and Afghan days 

over Kashmir and its effects on mass psychology are traced 

by Farrukh Fahim 

Kashmir’s chance for peace 83 

Tired of the long trail of violence and bloodshed, the 

yearning for peace is too great among Kashmiris. So India 

and Pakistan should seize this opportunity, 

writes Sajid Iqbal 

Press trussed by draconian laws 94 

Fourth State face stringent laws, threats and 

censorship, yet the Press has been fighting 

this valiantly, writes Professor SM Afzal Qadri 

Disabled at the mercy of fate 96 

As number of disabled rise in embattled 

Kashmir, the state and civil society remain 

unmoved, writes Sajid Iqbal 

WORDS AND IMAGES 

Verses beat venom 98 

Literature has also been victim of the turmoil that traps Kashmir, driving a wedge among 

writers and their work. Yet there have been some sobering voices with universal appeal, 

writes Neerja Mattoo 

The forgotten voices 101 

Voices from valley’s women spin off a book Speaking peace. A review by Amrit Dhatt 

To know is to be 104 

A new book on RTI is a welcome addition, says review by Suresh Nautiyal 

Printed and published by Colin Gonsalves for Socio Legal Information Centre having its office at 576, Masjid Road, Jangpura, 

New Delhi 110014 Printed at Shivam Sundaram, E9, Green Park Extension, New Delhi, 110016 

Editor: Colin Gonsalves, E-mail: editor@combatlaw.org, combatlaw.editor@gmail.com 

Website: www.combatlaw.org 

4 



L E T T E R S 

Foul, frivolous, 

vicious arrests 

Dear All, 

I have been to Raipur twice recently. 

From June 24-26, I was there to 

express solidarity with the 10-day 

fast that Sandeep Pandey and three 

others had undertaken, demanding 

the release of Binayak Sen and Ajay 

TG and against the Chhattisgarh 

Public Security Act, 2005. On the last 

two days of the fast, a national seminar 

against State repression and 

repressive laws was organised by the 

Chhattisgarh PUCL, timing it with 

emergency day. 

In this period I also met Ajay TG 

in Durg Jail and also spent some time 

with his wife Shobha (also a film 

maker), their 20-month-old son 

called Aman and several cousins and 

friends of Ajay, including a couple of 

lawyers in Durg. 

The second time I went was during 

the second phase of Binayak's 

trial on July 2-3. On this occasion I 

also met Shobha and his lawyers. 

Both the visits, as usual were undertaken 

in solidarity with Chhattisgarh 

PUCL whose members are facing the 

ire of the State. 

June 25 was a Wednesday, the 

weekly day for visitors to Ajay so I 

accompanied Shobha to Durg jail. 

Shobha who had expected a face-toface 

meeting with Ajay and had 

hoped that their son would get an 

opportunity to hug the father was 

disappointed when we were all told 

that we could only talk to him 

through the window. Left with no 

choice all of us (including Ajay's 

cousins living in Bhilai) talked to him 

though the grilled and wire meshed 

window. Ajay had lost his younger 

brother Anura on June 19 in a tragic 

road accident in Kerala and was visibly 

upset. He was very keen to talk to 

me separately so we took a chance 

and I got the permission from the Jail 

authorities to meet him inside the 

jail. They would not allow Shobha 

but agreed to let Aman come into the 

Jailer's room, which was our meeting 

room. Those 30 minutes spent 

together by father and son were 

memorable. Ajay said that he was 

innocent and his arrest was part of 

the agenda to finish the PUCL. 

LETTER FROM PUCL 

It was shocking to learn from 

Ajay that although four remand 

hearings had happened, he had been 

produced before court only once. He 

was not taken on the date of the hearing 

under the pretext that there was 

not enough security to take a 

Naxalite prisoner out to a court and 

the times he was produced he was 

taken to the Babu (clerk) of the 

Magisterial Court and made to sign 

and brought back. 

Incidentally, on June 27 (after 

Shobha and I had brought this to the 

notice of all in the national convention) 

he was still taken to the Babu of 

the remand court where he was 

made to sign and brought back. After 

all, these hearings are supposed to be 

not merely an extension of judicial 

remand but also an opportunity to 

share any grievance that the detainee 

may have. This was also tried in the 

case of Binayak Sen, when he was 

prevented from reaching the Court 

on the same pretext until our protests 

and complaints with the Court, DG 

and the IG gave a message to the 

authorities. 

Whenever Ajay was taken to 

Court he was handcuffed. Since he 

was never produced in front of the 

Magistrate he was never able to point 

this out to court. Ordinarily the 

accused must not be handcuffed. 

This is a settled law through various 

judgements of the Supreme Court. 

Only when the Court is completely 

satisfied by the argument of the prosecution 

of the likelihood of the 

accused escaping from custody will 

the court will permit handcuffing. 

We raised this issue with the jail 

authorities and gave it in writing to 

the DGP on the July 2 and 3 when 

Shobha and I met the DGP. He has 

assured that he would look into it. 

Ajay also has no access to books. He 

did apply for it in court but he was 

refused. Shobha has not been 

allowed to give books. This was 

another request that we made to the 

jail authorities. He is only allowed to 

read one of the local newspapers. 

Apart from Binayak Sen, Piyush 

Guha, and Ajay TG, there are several 

others who are languishing in the 

various jails of the state. There are 

journalists like Sai Reddy and several 

of the 53 who were booked under 

the CPSA, 2005, a few lucky ones 

having got bail. We know how officials 

of the state threaten to book all 

those who expose the truth about 

Salwa Judum or if they support those 

who are exposing it. There is this 

constant fear that your phone might 

be tapped, your emails hacked. 

People are trying to keep the right 

distance so as not to appear as easy 

suspects. 

Kavita Srivastava 

General Secretary, 

People's Union for Civil Liberties 

(PUCL), Rajasthan 

— This letter was sent in public 

interest to many groups and individuals, 

including editor, Combat Law 

www.combatlaw.org 5

1 general:general.qxd 8/1/2008 8:03 PM Page 6 


Development challenges 

in Naxal-affected areas 

Forty years of crackdown against Naxals could not stop them from spreading their 

influence to rural pockets afflicted by extreme poverty and blatant discrimination against 

poor, says an expert body appointed by government in its report to the planning 

commission while suggesting a strong dose of development and other measures to 

overcome the crisis. The member-secretary of the expert group and commission’s senior 

adviser on rural development Santosh Mehrotra sums up the report and its 

recommendations 

This short note summarises the 

analysis and recommendations 

of the Expert Group’s report to 

the Planning Commission. In Section 

I it asks the questions: What are the 

underlying factors and context for 

the support for Naxals? Why has a 

dead movement risen again, and 

why is it spreading rapidly (71 districts 

in 2001 to 212 now)? The 

Section 2 goes on to examine the 

proximate and specific causes of discontent 

in Naxal affected districts, 

and discusses in each case the relevant 

recommendations of the Expert 

Group. 

Factors behind Naxalism 

There are as many as 300 million 

poor in India (2004/5) – 80 percent 

are Scheduled Castes, Scheduled 

Tribes or belonging to Other 

Backward Castes (OBCs). Naxal districts 

are concentrated in Bihar, MP, 

UP, West Bengal and Orissa – which 

are characterisd by high rural poverty 

and high proportion of SC and ST 

population. As much as 70 percent of 

India’s SC poor are in these five 

states – but they have only 59 percent 

of SC population. Also, 63 percent of 

India’s ST poor are in these five states 

– but they are only 49 percent of 

India’s ST population. 

6 




But other states too have Dalits 

and Adivasis; in other words, the 

concentration of Dalits and Adivasis 

in a state may be an important condition 

for Naxal influence, but that is 

not a sufficient condition. Thus, there 

are many districts with high proportions 

of Adivasis or Dalits but little 

Naxalite activity, e.g. in Punjab, 

Haryana, Gujarat, Rajasthan and 

Madhya Pradesh. Poverty among 

Dalits and Adivasis are a factor but 

other factors like denial of justice and 

human dignity also cause alienation 

resulting in the conviction that relief 

can be had outside the system by 

breaking the current order asunder. 

The Expert Group’s Report examines 

the sources of denial of justice in 

Naxal-affected districts. 

There was a combination of 

other factors alongwith the overwhelming 

presence of Dalits and 

Adivasis. Thus, 

Naxal-affected districts mostly 

belong to zamindari system of 

land ownership – exploitation of 

peasantry was intense (which 

especially affected Dalits); 

Naxal-affected districts more 

mineral-rich – hence there has 

 

been a struggle over minerals; 

Naxal-affected districts are 

also highly forested – with 

affected districts in relevant 

states more so. 

In other words, the causes of 

extremism are complex and not 

reducible to simple solutions. In fact, 

dissent movements, including the 

extremist Naxalite movement, are 

not confined to difficult hilly and 

forested areas but cover large contiguous 

tracts in the plains. They are 

not limited to dryland areas of recurring 

crop failures but extend to irrigated 

commands of major irrigation 

systems, as in the state of Bihar. 

Hence, land rights issues are crucial, 

for instance in large areas, inhabited 

by Bhils and some other tribals 

where the situation is seemingly 

peaceful may face this problem with 

spread of awareness and consciousness. 

The conclusion of the report, 

therefore, is that the causes are complex, 

and not reducible to simple 

development interventions (e.g. 


In fact, dissent movements, including the extremist 

Naxalite movement, are not confined to difficult 

hilly and forested areas but cover large contiguous 

tracts in the plains. They are not limited to dryland 

areas of recurring crop failures but extend to 

irrigated commands of major irrigation systems, as 

in the state of Bihar 

build infrastructure in affected districts). 

The Report warns that the government 

needs to guard against 

another perception: 

“The more recent development is 

in the emergence of CPI (Maoist) 

after the merger and consolidation of 

two powerful Naxalite streams in 

September, 2004. This new formation, 

since its inception, is defining 

the official understanding of the 

extremist phenomenon of the level of 

the state as well as the Union 

Government. This has appeared in 

the public perception as a simplistic 

law-and-order face-off between the 

official coercive machinery and this 

more radical extremist political formation. 

This results, then, in undermining 

instruments of social and 

economic amelioration as well as 

processes of democratic exchange to 

resolve persisting issues. This is the 

crux of the problem.” Hence, the 

suggestion for talks of Expert Group 

should not be interpreted as merely 

talking to CPI (Maoist) alone. 

The government has already 

taken some good actions recently. 

Thus, 

Not all blocks of ‘affected districts’ 

are actually Naxal-infested: 

so identification of 33 core districts 

is move in right direction, 

and it would be appropriate to 

“walk on two strong legs together” 

in core districts. 

Secondly, government has also 

taken some good recent actions in 

respect of forest rights (Forest Act 

2008), Displacement (R&R 

Policy), Livelihoods (NREGA), 

BRGF (all Naxal districts are 

included). 

Causes of discontent 

The dispossessed forest-dwelling 

STs are a major source of support for 

the Naxal Movement. Forest 

dwellers were dispossessed by the 

state’s declaration of “reserve 

forests”, without recognising rights 

of pre-existing communities. The 

main culprit in this regard was the 

Forest Conservation Act 1980; prior 

to1980, the dispossessed were usually 

regularised; but this process was 

stopped post-1980 – and in the discontent 

that set in as a result, the 

Naxal movement stepped in. Since 

then ‘forest conservation’ became a 

strange companion to industrial 

forestry: conservation restricts 

Adivasis rights, but industrial needs 

are accommodated. Joint Forest 

Management (JFM) was seen as a 

remedy for this situation. But JFM 

merely institutionalised this state of 

affairs. Hence there arose the need 

for the ST and Other Forest Dwellers 

(Recognition of Forest Rights) Act, 1 

Jan 2008. 

Expert Group’s (EG) recommendation: 

Address conflicts due to forest 

dwellers’ rights: 

Reports so far of Forest Rights 

Act implementation don’t inspire 

confidence; urgent action is needed 

to improve the institutional 

machinery to implement the Act. 

Requirement of proof of occupation 

(of forest land, as required 

under the Forest Rights Act 2008) 

as on 13 Dec 2005 should be dealt 

with imaginatively 

7



The focus of the Naxal movement has been 

on “land to the tiller”, which is the same 

slogan as freedom fighters: trying to provide 

land of landlords or government to landless. 

But successive State and Central 

governments have failed to distribute even 

ceiling surplus or Bhoodan land 

Action: Ministry of Environment 

and Forests and state governments 

Land and Naxal movement 

The focus of the Naxal movement 

has been on “land to the tiller”, 

which is the same slogan as freedom 

fighters: trying to provide land of 

landlords or government to landless. 

But successive State and Central governments 

have failed to distribute 

even ceiling surplus or Bhoodan 

land. 

The Naxal movement targets 

landholders with “sizeable” holdings 

or oppressive in conduct (even 

if not big) – while normally the 

police intervenes on behalf of landlords. 

Three kinds of situations have 

arisen in this context: 

Private land: In Andhra Pradesh, 

landlords are willing that state government 

assign land to poor identified 

by Naxal movement, but government 

has resisted taking such 

action as it would ‘sanctify violence’. 

The result is that thousands of acres 

are lying fallow in Warangal, 

Karimnagar, Adilabad, while numbers 

of landless poor grow. 

In Bihar, a rather different situation 

prevails. In Bihar, the Naxal 

movement evicted landlords, in contrast 

to that in Andhra Pradesh, the 

landlords are prepared to reoccupy 

land, so efforts of Naxal movement 

to redistribute land failed – thus 

inviting police violence, giving further 

impetus to the Naxal movement. 

Government land: Naxal movement 

has assisted landless Musahars 

to take possession of land in Bihar; 

the government, however, feels giving 

them conditional access would 

sanctify law-breaking – exacerbating 

conflict. 

Forest land: There has been occupation 

by Adivasis on extensive scale 

in AP, Chhatisgarh, Vidarbha, 

Orissa, and Jharkhand – not fresh 

occupation, just reassertion of traditional 

usufruct with Naxalites’ support, 

but this has brought them into 

conflict with Forest Department. 

EG Recommendation: Land 

related: 

Land Tribunals or Fast Track 

Courts (Art 323B of Constitution) 

should be set up for quick disposal 

of land ceiling cases; landowners 

have had decades to create 

false documents, no cut off date 

for reopening old cases should be 

set. 

Tenancy increasing: 40 percent of 

land is cultivated by tenants, who 

do not have access to institutional 

credit. Tenancy laws have failed 

to protect tenant interests (except 

in Kerala, West Bengal, 

Maharashtra). All tenancies 

should be recorded. 

Ceiling, Bhoodan, government 

land assigned to landless has not 

delivered; criminal cases should 

be filed against those who dispossess 

land that has been handed 

over to landless; all eligible occupants 

of government land should 

be regularised. 

Laws prohibiting transfer of 

Adivasi land to non-Adivasis suffer 

from many loopholes, besides 

tardy implementation. The loopholes 

are documented – but laws 

survive unamended. 

States with Adivasi population 

and not included in fifth 

Schedule should enact laws for 

protection of Adivasis in same 

manner as in fifth Schedule. 

ACTION: Department of Land 

Resources (Ministry of Rural 

Development) and State Governments 

EG recommendation: GOI should 

address Common Property 

Resources (CPRs). Fisherfolk, graziers, 

honey gatherers had customary 

rights over Common Property 

Resources; such rights have been 

eroded over a period of time, and 

should be statutorily protected and 

recorded, and user Pattas issued 

jointly for husband-wife. The Naxal 

movement has tried to ensure protection 

of CPR rights of cattleherders, 

fisherfolk, toddy tappers 

where these resources were appropriated 

by dominant groups. 

Currently, there is no legislative protection 

of traditional rights. Hence, 

Planning Commission should 

devise a programme for restoration 

of CPRs for sustenance of 

 

 

poorest groups 

Gram Panchayats (GPs) should 

be empowered for management 

of CPRs, with requisite autonomy, 

legal backing, and resources. 

CPR model legislation on CPR 

management should be prepared 

by the Central government – to 

be suitably adapted by States for 

their purpose. 

Naxals response to displaced 

As many as 60 million people 

have been displaced (1947-2004) – 

this is an unofficial estimate (based 

on solid research state-by-state). 

Adivasis and landless most affected 

– why? Of 25 million hectare of land 

acquired for projects, 7 million (28 

percent) forestland, and 6 million 

hectare (24 percent) is CPR. Further, 

Orissa, Jharkhand, and Chhattisgarh 

are rich in minerals – mining projects 

have threatened Adivasi existence, 

and with further impetus to mining 

due to growing demand from a fastgrowing 

economy, there is a risk of 

further legal and illegal mining 

occurring, without any concern for 

the displaced. 

8 




Governments both Centre and 

states have had no serious 

Rehabilitation and Resettlement policy 

for 60 years. Since the administration 

provided little succour, Naxalite 

movement stepped into. One problem 

is that internally displaced forest-dwellers 

tend to settle down 

again in some forest region, which is 

prohibited by law – the Naxal movements 

assist, inviting the wrath of 

state. 

Another problem is that there is a 

Presidential Order (under Art 342), 

which declares the list of STs Statewise. 

However, the problem is that a 

tribe that migrates involuntarily 

from one state to another is not 

recognised as ST in new state – so 

there is no protection from state, but 

receives Naxal protection. When 

Orissa’s ST shifted to forests near 

Vishakhapatnam, the Andhra government 

targeted it for eviction. 

When Naxalites intervened, they 

were harassed. Similarly, landless 

Gothi Koya tribes of Chattisgarh 

crossed to AP (Khammam), with 

Naxal support – so AP forest and 

police departments cracked down on 

them. Also, Bihar caste Senas (e.g. 

Ranbir Sena) drove Dalits away. 

They received Naxal support on the 

one hand and police lathis on the 

other. 

EG Recommendation: Rehabilitation 

of displaced. A new R&R 

Policy has been notified by the 

Government of India, which is good, 

but there is now need to pass the 

R&R Act in Parliament. States can 

ignore GOI Policy on R&R, but not 

an Act on R&R. Already our R&R 

policy is 60 year old -- India’s R & R 

record is far worse by BRIC standards. 

Extend Panchayati Raj to SAs 

Tribals in India have been historically 

self-governing – which brings 

them in conflict with the formal state 

system. The regulatory and developmental 

role of the state post-1947 led 

to erosion of authority of traditional 

system -- traditional system is now 

strongest among Ho (Jharkand); 

weak among Santhals and Mundas; 

and very weak among Oraons. Selfgovernance 

meant management of 

natural resources, general economic 

matters, use of intoxicants – had 

been appropriated by formal system 

over 1947-1995. PESA enacted in 

1996 was meant to change this erosion. 

How? Distinctive feature of 

governance at village level in PESA is 

creation of space in legal frame for 

functioning system of self-governance 

of tribal people. All laws relating 

to panchayats inconsistent with 

PESA ‘are deemed to have lapsed on 

December 23, 1997’. 

But PESA remains unimplemented. 

There is hardly any realisation in 

the Union Government that implementation 

of PESA has to be a collaborative 

effort of almost all Central 

ministries. Only two ministries 

issued guidelines to States in 1997: 

Ministry of Rural Development on 

role of Gram Sabhas in land acquisition; 

and the role of Gram Sabhas 

before granting of leases for minor 

minerals by Ministry of Mines. But 

there is “…total silence ever since 

about the holistic frame of PESA in 

the entire government establishment”. 

PESA casts direct responsibility 

on state legislatures, but being a 

central legislation and logical extension 

of fifth Schedule, it is duty of 

Central Government to see that it is 

implemented. Many central laws 

need harmonisation with aims of 

PESA: Land Acquisition Act 1894; 

Mines and Minerals (Development & 

Regulation) Act, 1957; Forest Act, 

1927, Forest Conservation Act 1980. 

Also, national policies: R&R Policy 

2007, National Water Policy 2002, 

National Minerals Policy 2008, 

National Forest Policy 2004 – should 

be examined for ensuring compliance 

with PESA provisions. 

Further, the Indian Constitution 

fifth Schedule Article 5 states: (1) 

“Notwithstanding anything in the 

Constitution, the Governor may by 

public notification direct that any 

particular Act of Parliament or of the 

Legislature of the State shall not 

apply to a SA or any part thereof in 

the State…” In other words, it is 

actually possible for the Governor to 

eliminate the inconsistency between 

existing laws and PESA. 

Given that tribal lands are rich in 

minerals, the Expert Group recommends 

that mineral rules should be 

amended transferring all quarries 

with annual leases with annual lease 


9



value upto Rs 10 lakhs to Gram 

Sahbas and GPs – to cover all minor 

minerals. 

In addition, the National 

Minerals Policy states that exploration 

should be carried out in a way 

non-intrusive of rights of tribals 

under fifth Schedule, and causes 

least disturbance to ecology. In any 

case, the Supreme Court Samata 

judgment (1996) states that tribal 

communities through their GSs, 

should be fully involved in any decision 

to be taken on mining in their 

area. 

The Expert group concludes: 

“Tribes are not opposed to development. 

All that they want is to control 

its pace and influence, its pattern and 

direction so that they are enabled to 

prevent its damaging effects and 

enjoy some of its benefits. The autonomy 

and control over natural 

resources which tribal communities 

seek is consistent with national 

development”. 

Finally, the Expert Group expects 

the central Ministry of Panchayati 

Raj to take the initiative with regard 

to PESA. The Ministry has analysed 

state laws, and is persuading state 

government to implement PESA. 

Given that tribal lands 

are rich in minerals, 

the Expert Group 

recommends that 

mineral rules should 

be amended 

transferring all 

quarries with annual 

leases with annual 

lease value upto Rs 10 

lakhs to Gram Sahbas 

and GPs – to cover all 

minor minerals 

MOPR should now finalise and issue 

guidelines for PESA, suggest Statespecific 

guidelines. If any state is not 

implementing PESA, GOI should use 

its powers to issue directions (Part A 

of fifth Schedule) -- implementation 

of PESA gives rightful role of governance 

to GS and through it to GP – 

“it would douse the embers of discontent 

and disaffection among the 

tribals in the Schedule Areas”. 

Economic measures 

Forest produce: Naxal movemnet 

derives support from rate increases it 

secured for picking of tendu (bidi) 

leaves in forest areas of AP, 

Chhattisgarh, Orissa, Maharashtra, 

Jharkhand, which had been major 

source of exploitation of Adivasi 

labour. Government ignored it, but 

the Naxals put an end to it. 

EG recommends: forest produce 

should be provided a fixed 

Minimum Support Price for various 

commodities, and asks for 

up-gradation of traditional 

Adivasi haats. 

Action: Ministry of Tribal Affairs 

Basic services in tribal belts 

Health, schooling, electricity 

infrastructure is abysmal in Naxalaffected 

districts – a gap Naxal 

movement is unable to fill. 

In the forested districts, 

Electricity is possible to provide 

through distributed (initially offgrid, 

but grid-connectable in 

future) generation using forest 

biomass-based gasifiers to generate 

electricity for rural households, 

and in fact the tribal areas 

ideal for the widespread use of 

this technology, since wood, a 

renewable resource, is plentifully 

available. Rajiv Gandhi Grameen 

Vidyutikaran Yojana, a Centrally 

sponsored scheme which is part 

of Bharat Nirman, however, 

builds poles and lays lines to BPL 

houses – without actual supply of 

electricity; hence, poles and wires 

both get stolen. 

ACTION: MNRE and NTPC 

should take action to provide 

biomass based gasifiers so that 

electricity can be provided at low 

cost to poor tribal households in 

rural areas. 

There is need to provide social 

infrastructure in Naxal-affected districts 

as per national norms within 

11th Plan. Much of Naxal-affected 

area has hilly terrain and tribal population 

– failure to provide social 

infrastructure as per national norms 

is a manifestation of discriminatory 

of governance. 

The Expert Group recommends: 

Schooling: fill sanctioned teacher 

posts; in Jharkhand the pupilteacher 

ratio was 80, still 49: 

 

Action: MHRD 

Health facilities: provide as per 

national NRHM norms; use special 

allowances to fill para-medic 

posts at least, also ASHAs. 

Action: Ministry of Health 

Nutrition: Anganwadis on 

demand for SC/ST hamlets. 

Action: Ministry of Women and 

child Development 

 

The Expert group 

concludes: “Tribes are 

not opposed to 

development. All that 

they want is to control 

its pace and influence, 

its pattern and 

direction so that they 

are enabled to prevent 

its damaging effects 

and enjoy some of its 

benefits 

Discontinue commercial vending 

of liquor and institutionalised 

control of GS over preparation of 

traditional drinks 

The Expert Group also recommends 

talks with the Naxal movement. 

The Expert Group asks: why 

there is a ban on talks with Naxal 

movement? It points to many inconsistencies: 

why are there peace talks 

with Nagas (NSCN, IM) faction for 

10 yrs, even though rebels have not 

10 




surrendered arms, in fact built up 

arsenal, and established a parallel 

government. Why are there peace 

talks with ULFA – but no insistence 

ULFA surrender weapons? Similarly, 

in J&K – there is repeated willingness 

to talk with any armed group 

prepared to come to negotiating 

table? 

We need to reflect on the irony of 

Maoism in Nepal. Like Indian 

Maoists, they too were fighting a 

bush war for many years, but after 

two years of negotiations (2003- 

2005), they joined the government, 

and participated in elections, and are 

now in the process of being mainstreamed. 

Recommendation: Door of negotiations 

should be kept open with the 

Naxals. 

Governance 

The report cites many striking 

examples of poor governance, but 

the one related to forest administration 

is particularly telling: “The 

uncertain existence of Adivasis in the 

forests has resulted in tremendous 

power of harassment in the hands of 

forest department personnel. It is 

permissible to pick edible forest produce 

but not to undertake cultivation 

of the same produce in the forests. It 

is permissible to gather dry twigs 

and logs of uprooted trees but not to 

cut standing timber. It is permissible 

to graze cattle in the forests, but it 

should be ensured that the cattle do 

not nibble at the nurseries of the forest 

department…Quite apart from 

the injustice of the restrictions, the 

dividing line between what can be 

done and what cannot is often so 

slight that there is considerable 

ground for arbitrary action by the 

enforcer of restrictions. Wherever 

there is a basis for discretion on the 

part of government officials, forest 

personnel have had to be appeased 

to avoid harassment. It was only 

after Naxalites entered the picture 

that the Adivasis got protection from 

harassment”. 

“…But after the initial impact on 

extortionate practices of the forest 

department, the Naxalite movement’s 

impact on official corruption 

has been slight. The level of corrup- 


tion in the Naxal areas is not noticeably 

less than elsewhere…Cooption 

of some elements of Naxalite movement 

into the corrupt system is a 

fact” (p.53) 

Recommendation 

Writ of the Indian bureaucracy 

does not run in at least 95 affected 

districts, though does run to a limited 

extent in another 137 districts that 

are ‘influenced’ by Naxalite movement 

– hence, the Expert Group recommends: 

Long term objective should be to 

make non-accessible bureaucracy 

accountable to 3-tier panchayat 

system, with level-to-level correspondence 

with current administrative 

structure 

PESA empowers GPs in fifth 

Scheduled areas with control 

over local plans and resources for 

such plans, including the Tribal 

Sub-Plan 

But District Planning Committees 

(under Art 243 ZD) not yet acti- 

 

Planning Commission is preparing a matrix with 

details of Actions Needed Ministry-wise – to be 

shared shortly with Task Force Members of the 

Ministry of Home Affairs Task Force on Left Wing 

Extremism and Ministries 

vated in line with PESA. 

Preferably 40 percent of State 

Plan money should go to district 

plans 

There is no judicial mechanism in 

rural areas to resolve day-to-day 

conflicts. The Naxals filled a gap in 

resolution of disputes – their justice 

too rough and ready. The current 

alternative is a judicial system that is 

too expensive, dilatory, and complicated 

for rural poor – barely 20 percent 

of population is able to access it. 

SC/STs get involved in the system as 

accused and defendants rather than 

as seekers of their rights. What is 

needed is a simple, inexpensive system, 

responsive to needs of poor. A 

Nyaya Panchayat Law should be 

enacted by Centre with enabling provisions 

for States to adopt. 

Recommendation: 5th/6th Scheduled 

Areas GS should act as Nyaya 

Panchayat in matters relating to customary 

law. 

Another area in governance the 

Report discusses is that seven 

Commissions for disadvantaged 

groups exist in India – but there is little 

to show for it. The seven 

Commissions are for SCs, for STs, for 

Minorities, for Women, for Children, 

for Safai karmcharis, Tribes Advisory 

Council, for Human Rights – plus 

counterpart commissions in States. 

Unfortunately, they are all toothless, 

with no enforcement mechanism, 

even Parliament ignores them. 

Recommendation: We need a 

Rights Commission with appropriate 

divisions, with legal power to 

enforce its decisions. Anyone 

aggrieved with its decisions can go 

to Supreme Court -- Legal implications 

of proposal should be examined 

by Law Ministry. A further recommendation 

is that implementation 

of Protective Legislation must be 

ensured, in particular the Protection 

of Civil Rights Act, and the SCs and 

STs (Prevention of Atrocities) Act. 

ACTION: State police forces and 

Central Forces, and the judiciary. 

Next Steps 

Planning Commission is preparing 

a matrix with details of 

Actions Needed Ministry-wise – 

to be shared shortly with Task 

Force Members of the Ministry of 

Home Affairs Task Force on Left 

Wing Extremism and Ministries. 

Matrix will enable Monitoring of 

actions needed to stem the rising 

tide of the Naxal movement. 

– The full report is available at 

www.planningcommission.nic.in 

11



Deprivation turns people to 

Naxalism, says Government report 

A government appointed committee under the aegis of Planning Commission goes into 

factors that have made Naxalism popular into some rural pockets spread across a dozen 

states and finds that abysmal poverty, near destitution, absence of a creditable legal 

redress mechanism, blatant caste discrimination, and misplaced policing fuel radical 

politics. The committee that had former police and intelligence bosses like Prakash Singh 

and Ajit Doval besides bureaucrat-turned-activist Dr BD Sharma and Sukhdeo Thorat 

also avers that Naxalite movement essentially remains a political dissent rather than a 

mere law and order issue and so it should be approached through unconditional 

negotiations rather than use of force. Exclusive excerpts from the report ‘Development 

Challenges in Extremist Affected Areas’ follow 

Poverty, inequality breed radicalism 

Widespread discontent among the people has plagued 

the Indian polity for sometime now. It has often led to 

unrest, sometimes of a violent nature. Over the years, 

statutory enactments and institutional mechanisms for 

addressing the various aspects of deprivation have been 

brought into being. But the experience has been that the 

discontent and unrest continue to surface notwithstanding 

such measures. For a large section of the population, 

basic survival is the problem. 

…India is today proudly proclaiming an above nine 

percent growth rate and striving to achieve double-digit 

growth. But it is a matter of common observation that the 

inequalities between classes, between town and country, 

and between the upper castes and the under-privileged 

communities are increasing. 

...The Constitutional and statutory agencies entrusted 

with the task of safeguarding the entitlements of all 

marginalised groups have failed to provide adequate 

support. 

…In this situation it should not cause surprise that a 

large section of the people are angry and feel alienated 

from the polity. It is in this context that it has become necessary 

to identify the variety of causes of discontent and 

to seek ways by which the State could answer them in a 

humane, caring and democratic way. If the emphasis of this 

exploration is on the Naxalite phenomenon it is not because 

other modes and forms of agitation are less important but only 

because the method of struggle chosen by the Naxalites has 

brought the problem to a head. Radical groups seek the justification 

for their methods of violence from structural violence, 

which is implicit in the social and economic system. 

Unfortunately the underlying and foundational causes 

leading to unrest, discontent and extremism have 

never been seriously studied or have been the subject 

matter of administrative or academic discourses in 

India… 

...The core of the report comprises the reasons for the 

unrest that is associated with the Naxalite movement, and 

recommendations for how the Government may itself 

respond to these issues… 

12 




Though formulated in general terms, the issue placed 

before the group is essentially the causes for the discontent 

among the people that has led to the rise and spread 

of the Naxalite movement. The Naxalite movement is 

almost four decades old now. Beginning in a single State 

(West Bengal), it has now spread over a wide area, affecting 

and influencing the lives of lakhs of people. The government 

has estimated that the movement is now active 

in about 125 districts spread over 12 states. 

As mentioned earlier there were three central government 

committees which looked into the causes of naxalite 

movement spreading in the country. Civil Rights groups 

have also published a number of reports dealing with the 

causes of disaffection with the government leading to 

popularity of the Naxalite movement. The Press has also 

carried many reports, and books have been written by 

various observers. Naxalite publications have also highlighted 

the social and economic background to the rise of 

the movement... 

State anti-tribal and anti-Dalit 

The main support for the Naxalite movement comes 

from dalits and adivasis. It is thus useful to begin this 

chapter with a brief look at the condition of these social 

categories. 

Dalits and adivasis comprise about one-fourth of 

India’s population: Dalits constitute 16 percent and 

Adivasis eight percent. Most of them (80 percent of Dalits 

and 92 percent of Adivasis) live in rural areas... 

Bihar, Orissa, Madhya Pradesh, Uttar Pradesh and 

West Bengal are the states with highest rural poverty and 

they also account for a high proportion of SC and ST poor. 

Seventy percent of the SC poor are in these five states, 

whereas only 55.8 percent of the SC population of the 

country is in these five states. And 63 percent of the ST 

poor are in these five States whereas the proportion of the 

country’s ST population in these States is only 49 percent. 

In addition, they suffer from multi faceted oppression 

and denial of justice, social legal and political rights. 

Examination of the respective shares of SCs and STs in 

the total population of different districts (from Census 

data) indicates that districts with a high proportion of 

Dalits are mainly in the northern states as well as in pockets 

of Tamil Nadu, Andhra Pradesh and Karnataka. While 

there is no simple correspondence between the areas 

under Naxalite influence and the proportion of Dalits and 

Adivasis in the population, it is the case that these areas 

generally have relatively high Dalit or Adivasi concentration... 

…Poverty does create deprivation but other factors 

like denial of justice, human dignity, cause alienation 

resulting in the conviction that relief can be had outside 

the system by breaking the current order asunder. Other 

factors are also likely to be involved. For example in large 

areas, inhabited by bhils and some other tribals where the 

situation is seemingly peaceful may face this problem 

with spread of awareness and consciousness. 


Dalits continue to face wide-ranging economic, social 

disadvantages, and day-to-day humiliation and degradation, 

denial of justice and violent atrocities in India. By 

and large the Dalit condition is marked by high incidence of 

poverty, low education, limited employment opportunities and 

marginalisation in all spheres of public life. These deprivations 

are compounded by diverse types of violence that they are subject 

to as shown in the section on atrocities… 

…most Dalits live in rural areas. The incidence of 

landlessness is higher among the SCs than among the 

others. Ten percent of SC households are landless and 

another 77 percent are near-landless… Nearly half (45.6 

percent) of SCs are agricultural labourers. …These facts 

indicate that the persistently high poverty of SC households 

is closely associated with low levels of ownership of capital 

assets like land, low levels of education and considerably lower 

diversification of avenues of employment. 

The right to vote is an important political right which 

has added to the empowerment of the Dalits as well as 

added to their status. However, Dalits have often had to 

struggle in order to assert this right and struggle again to 

demand accountability from the elected representatives… 

By and large the Dalit condition is 

marked by high incidence of poverty, 

low education, limited employment 

opportunities and marginalisation in 

all spheres of public life. These 

deprivations are compounded by 

diverse types of violence that they are 

subject to as shown in the section on 

atrocities… 

Dalits continue to face many kinds of social discrimination, 

related for instance to residence, food, clothing, 

marriage and employment. Even untouchability, the most 

blatant form of social discrimination against Dalits, persists 

in many forms. A recent study of untouchability in 

565 villages in 11 states identified no less than 63 types of 

untouchability practiced in many villages of the country. 1 

There are 84.3 million tribal people (also known as 

Scheduled Tribes) in India according to the census of 

2001. They are present in all the States except Punjab, 

Haryana, Delhi and the Union Territories of Pondicherry 

and Chandigarh, and are located mostly in hilly and forest 

areas… 

13



In the seventies, a serious attempt to focus on the tribal 

population in the planning process was made in the 

form of a Tribal Sub Plan strategy. The process of bringing 

all tribal majority areas under the Fifth Schedule of the 

Constitution was also taken up. 

…Despite the plethora of development plans, programmes 

and activities initiated in the tribal areas, the 

majority of Scheduled Tribes still live in conditions of 

serious deprivation and poverty. The tribal people have 

remained backward in all aspects of human development 

including education, health, nutrition etc. Apart from 

socio-economic deprivation, there has been a steady erosion 

of traditional tribal rights and their command over 

resources. 

Unrest and discontent are not new to 

tribal areas, nor is it just a postindependence 

phenomenon. The 

earliest uprisings against the British, 

in the closing decades of the 18th 

century, were triggered by colonial 

expansion into the forests… 

Unrest and discontent are not new to tribal areas, nor is it 

just a post-independence phenomenon. The earliest uprisings 

against the British, in the closing decades of the 18th century, 

were triggered by colonial expansion into the forests… 

In general, the contradiction between the tribal community 

and the State itself has become sharper, translating 

itself into open conflict in many areas. Almost all over 

the tribal areas, including Nagaland, Manipur, Tripura, 

Assam, Jharkhand, Orissa, Chhattisgarh, Maharashtra, 

Andhra Pradesh and Kerala, tribal people seem to feel a 

deep sense of exclusion and alienation, which has been 

manifesting itself in different forms. The Report of the 

Expert Group on Prevention of Alienation of Tribal Land 

and its Restoration (October 2004) pointed out that the 

socio-economic infrastructure among the tribal people is 

inadequate, thereby contributing to their disempowerment 

and deprivation. 2 

Apart from poverty and deprivation in general, the 

causes of the tribal movements are many: the most important 

among them are absence of self-governance, forest 

policy, excise policy, land related issues, multifaceted 

forms of exploitation, cultural humiliation and political 

marginalisation. Land alienation, forced evictions from 

land, and displacement also added to unrest. 

...According to the Forest Survey of India Report 2003, 

about 60 percent of the forests cover of the country and 

63% of the dense forests lie in 187 tribal districts, ie districts 

covered by the Fifth and Sixth Schedules to the 

Constitution… 

The other consequence is that the inhospitable terrain 

of the forests provides ample excuse for the restricted 

reach of the administration. The health status of both SCs 

and STs are far worse than that of other sections of society. 

Women 

The subjugation of women is another important 

aspect of the deeper maladies that afflict rural India and 

contribute to popular unrest… 

Even simple demographic indicators bring out the 

exceptionally low status of women in Indian society… 

…Even the National Rural Employment Guarantee 

Act (NREGA), which is a potential source of empowerment 

for women (in so far as it gives them independent 

income-earning opportunities and equal entitlements visà-vis 

men), is yet to overcome traditional patterns of gender 

inequality and female subordination. 

Forests 

The conflict pertaining to forest dwellers’ rights to 

land and forest produce is a major source of unrest in 

large parts of the country. The very notion of a symbiotic 

relation should have implied that no inherent conflict 

could be seen between such communities and their habitat, 

but no such understanding informs the law concerning 

forest conservation… 

Land distribution is the key 

Even those who know very little about the Naxalite 

movement know that its central slogan has been ‘land to 

the tiller’ and that attempts to put the poor in possession 

of land have defined much of their activity. 

…the proportion of the workforce that is engaged in 

agriculture is 58%. And it is 64% in the case of the 

Scheduled castes… 

While the economy is at present growing at a rate of 

about eight percent to nine percent, agriculture which 

provides employment to 58 percent of the country’s 

workforce is growing at less than three percent… 

Special economic zones 

Land acquisition for Special Economic Zones (SEZ) 

has given rise to widespread protest in various parts of 

the country. Huge extents of land are being acquired 

across the country for this purpose. Already, questions 

have been raised on two counts. One is the loss of revenue 

in the form of taxes and the other is the effect on agricultural 

production. 

...Thus, the notion of an SEZ, irrespective of whether it 

is established in multi-cropped land or not, is an assault 

on a major livelihood resource… 

Displacement and rehabilitation 

Displacement, which is, in fact, enforced eviction of 

people from their lands and natural habitats, has for long 

14 



GOVT'S NAXAL REPORT NEPAL 

been a serious problem. 

Displacement takes place on 

account of development projects 

such as large irrigation 

projects, industrial and mining 

projects, power plants, 

declaration of sanctuaries 

and national parks, setting 

up of field firing and testing 

ranges and a myriad other 

activities of the State itself... 

The displacement caused 

by large projects can be 

physical, occupational and 

even cultural. Unless the 

nature and magnitude of 

displacement in all its 

dimensions are fully analysed 

and appropriate safety 

nets put in place, well in 

advance of the implementation 

of the project itself, it 

will lead to discontent. 

The official database of 

the persons displaced/ 

affected by projects is not available… 

As tribal areas are also rich in mineral resources, the 

mining projects proposed such as in Orissa, Jharkhand 

and Chhattisgarh threaten the very existence of tribal 

people. Protest action becomes an inevitable consequence 

of displacement, such as in Kalinganagar and in Kashipur 

people’s movement against Utkal Alumina Rayagada district, 

Orissa. 

Apart from the physical and occupational displacement 

caused by large projects, in the case of the Fifth 

Schedule areas, unless the tribals are resettled in the same 

scheduled tract, they will face deprivation of the special 

rights that have accrued to them by virtue of the schedule. 

For example, the tribals in the scheduled areas enjoy presumptive 

right of ownership of the land and minerals (Refer SC 

judgment in CA Nos. 4601-02 of 1997 on SLP Nos. 17080-81 

in Samata vs State of Andhra Pradesh and others). Also, the 

Fifth Schedule requires the government to review any law 

before it can be extended to the notified areas, so as to ensure 

that such a law is appropriately adapted to safeguard the interests 

of the tribals… 

A policy guiding the Rehabilitation and Resettlement 

(R&R) should ensure that none of the displaced be worse 

off after the project. They should in fact be better off after 

it because they are paying its price. The National 

Rehabilitation and Resettlement Policy, 2007 is a significant 

departure from the earlier policies in this direction. 

Courts in rural areas lack credibility 

Of all the things that are known about the Naxalites, 

their Peoples Courts are perhaps the most notorious. 

While the abuses that have been reported about them are 

not all false, taking that to be the whole story would not 

be quite correct. The fact is 

that such informal, rough and 

ready forums of dispute resolution 

did in a way respond to 

the felt need. 

Considerable frustration gets 

built up in society when disputes 

and conflicts are not settled in 

time and in a just and fair manner. 

The judicial system we 

have is time consuming in 

nature… 

Environmental 

degradation 

“Environmental degradation 

and social injustice” are 

two sides of the same coin. 

Environmental degradation 

can be caused both by nature 

and by human action… 

Land is targeted primarily 

for mineral extraction. 

Geographical distribution of 

fossil fuels, and metallic and 

non-metallic mineral reserves, 

shows a high degree of concentration in central and eastern 

India. This implies drastic changes in the existing 

land use from agriculture and forestry. Mining is an 

unavoidable component of industrial development, but 

its full effect on the environment must be taken note of. 

Mining is carried out in two ways: open cast and underground. 

Either way, the extraction of ore releases extensive 

dust which spreads all around and spoils all elements 

of the environment – it makes the agricultural 

lands barren, pollutes water sources, denudes forests, 

defiles the air and degrades the quality of life for people 

who live and work in this area. 

Environmental degradation resulting from industrial, 

mining and other development activities has created serious 

health problems for the local population… 

Uranium mining and processing near the 

Subarnarekha river has even caused radioactive pollution. 

In addition to the damage caused to the environment 

and its consequential effects, illegal mining and illegal 

practices in legal mining compound people’s misery… 

Not merely land, water and forests, even bio-diversity 

is being exploited for economic growth… 

Political marginalisation of SCs and STs 

The Constitution has facilitated the political participation 

of SCs/STs (dalits and adivasis) through three measures: 

Fundamental Right to equality granted to citizens, 

abolition of discrimination including untouchability, and 

special provision for their representation in legislature. 

These rights and entitlements, however, have not 

resulted in effective political participation and removal of 

their sense of political marginalisation. Though both 


15



groups face exclusionary practices, dalits and adivasis are 

differently placed in respect of their social situation. 

Dalits are exposed continuously to the domination of 

other castes hostile to them… 

Adivasis, by and large, are distanced from dominant 

non-tribal communities and have considerable space to 

act autonomously. 

The political equality in respect of dalits is compromised in 

various ways. The exercise of the right to vote without fear or 

favour is widely frustrated both by untouchability practices and 

exertion of dominance by ‘higher’ caste groups… 

The disability that adivasis face in availing political 

opportunities is different in character. Lack of financial 

resources is a crippling factor in exercising their right to 

contest elections… 

At the Panchayat level, the ST chiefs of Panchayat, 

even in tribal concentration areas, may be manipulated 

by non-tribals of the constituencies to spend development 

funds suited to their needs and to get contracts for government 

schemes… 

The position is not very different with the institutions 

specifically created for protecting the interests of the 

scheduled communities. The status and role assigned to 

National Commissions, constituted under Act 338 and 

338A of the Constitution, gives them a certain importance 

in the Constitutional scheme. 

Some statistical pointers 

Before summarising the main causes of discontent leading 

to the emergence of the Naxalite movement, we may 

note the broad correlation between various indicators of 

backwardness and the spread of the Naxalite movement. 

We have selected five States with a high level of Naxalite 

activity: Andhra Pradesh, Bihar, Chhattisgarh, Jharkhand 

and Orissa. In each of these States, four of the most affected 

districts were identified and compared with four districts 

that are comparatively more developed. 

16 

The political equality in respect of 

dalits is compromised in various 

ways. The exercise of the right to vote 

without fear or favour is widely 

frustrated both by untouchability 

practices and exertion of dominance 

by ‘higher’ caste groups… 

A careful examination of the data enables us to identify 

10 factors that appear to show significant variation 

between the affected districts and the developed districts. 

They indicate the circumstances underlying rural unrest 

and the emergence of Naxalism to a significant extent. 

These factors are: (1) high share of SC/ST population; (2) 

low levels of literacy; (3) high level of infant mortality; (4) 

low level of urbanisation; (5) high share of forest cover; 

(6) high share of agricultural labour; (7) low per-capita 

food grain production; (8) low level of road length per 100 

sq.kms.; (9) high share of rural households which have no 

bank account; and (10) high share of rural households 

without specified assets. 

A summary of the picture is presented in Table 5. The 

unweighted averages of the affected and developed districts 

clearly indicate significant differences in respect of 

all the indicators except in a few cases. The only cases in 

which the direction of variation is not along the expected 

lines are: (1) the share of agricultural labour in Andhra 

Pradesh and Chhattisgarh; (2) urbanisation in Bihar; and 

(3) food grain production in Orissa. These, however, are 

not difficult to explain. 

Governance 

Articles 14, 15 and 16 of Indian Constitution provide 

the framework for a harmonious conjuncture of equality 

as citizens and compensatory discrimination and affirmative 

action in favour of SCs/STs and the other backward 

sections in certain areas… 

The failure of political leadership is typically reflected 

in enacting weak laws when it comes to effectuating the 

promise to empower the poor and the marginalised or 

ensure social/economic justice to them... 

Nevertheless, government has not been oblivious of 

the governance deficit in the implementation of development 

programmes as a whole. The Tenth Five Year Plan 

recognised that better governance holds the key to 

achieving effective results for the development programmes 

initiated by the government. This perception 

has led to articulation of a nation-specific paradigm of 

governance, different from an international perspective… 

The strategy for governance outlined above would 

have to be multi-dimensional. It should have elements of 

protection, development, participation, effective administration, 

accountability, inclusive politics and a paradigm 

shift in the approach to violence. 

The incidence of atrocities on SCs and STs is on the 

increase, and the deterrence envisaged in the laws specially 

enacted for this purpose does not operate. This is 

because implementation of important criminal laws – 

PCR Act and SC & ST (Prevention of Atrocities) Act (the 

Atrocities Act, in short) has been dismal. The Atrocities 

Act is not merely a penal law. The Act and Rules contain 

fairly elaborate provisions for prevention of atrocities and 

protection to the SCs. Their effective implementation is 

frustrated by indifference, social bias, routine observance 

of procedures and even withdrawal of registered cases. 

Conviction rates for crimes against Scheduled Castes and 



Scheduled Tribes are abysmal – less 

than one percent. 

The implementation of laws abolishing 

socially degrading practises 

such as manual scavenging, the 

devadasi system, trafficking in 

women and children, etc is even more 

dismal than that of criminal laws… 

Indebtedness is the chief cause of 

land alienation and forced labour. 

Indebtedness among STs is particularly 

widespread on account of food 

insecurity, non-availability of production 

and consumption credit through 

public institutions and corruption in 

the Public lending agencies… 

Reservations in Public 

Employment Recruitment and promotion 

has proved to be the most successful instrument 

of elevating the status and improving the conditions of 

SCs/STs/OBCs who have benefited from it. But reservation 

policy has been subverted through different ways by 

private persons as well as responsible public officials… 

The development paradigm pursued since independence 

has aggravated the prevailing discontent among 

marginalised sections of society. This is because the development 

paradigm as conceived by the policy makers has 

always been imposed on these communities, and therefore 

it has remained insensitive to their needs and concerns, 

causing irreparable damage to these sections… 

In the case of SCs and also tribes, protection against 

social discrimination is the essential condition for the 

enjoyment of any development benefits that remain unrealised. 

The pattern of development and its implementation 

has increased corrupt practices of a rent seeking 

bureaucracy and rapacious exploitation by the contractors, 

middlemen, traders and the greedy sections of the 

larger society intent on grabbing their resources and violating 

their dignity. 

It is critical for the government to recognise that dissent 

or expression of dissatisfaction is a positive feature of 

democracy, that unrest is often the only thing that actually 

puts pressure on the government to make things work 

and for the government to live up to its own promises. 

However the right to protest, even peacefully, is often not 

recognised by the authorities and even non-violent agitations 

are met with severe repression. Greater scope and space for 

democratic activity will bring down the scale of unrest, as 

it would create confidence in governance and open channels 

for expression of popular discontent. What is surprising 

is not the fact of unrest, but the failure of the State 

to draw right conclusions from it. While the official policy 

documents recognise that there is a direct correlation 

between what is termed as extremism and poverty, or 

take note of the fact that the implementation of all development 

schemes is ineffective, or point to the deep relationship 

between tribals and forests, or that the tribals 

suffer unduly from displacement, the governments have 

in practice treated unrest merely as a law and order problem. 

It is necessary to change this mindset and bring 

about congruence between policy and implementation. 

There will be peace, harmony and social progress only if 

there is equity, justice and dignity for every one 

Panchayati Raj 

“The unfortunate confrontation between the tribal 

people and the State that has been accentuating ever since 

independence will dissipate and disappear once the traditional 

system of the tribal people is taken as the foundation 

of governance in the tribal areas. The people will be 

able to perceive the supra structure of administration as 

continuation of their own system with no traces of antagonistic 

relationship”. This statement sums up the great 

expectation of Bhuria Committee (February 1995) that 

had been constituted to recommend such ‘exceptions and 

modifications’ as may be deemed necessary while extending 

Part IX of the Constitution concerning Panchayats to 

the Scheduled Areas (SA). 3 

…Even within Jharkhand, for example, the traditional 

system is strongest amongst the Ho people; it is comparatively 

weak amongst the Santhals and the Mundas and 

very weak amongst the Orans…. 

…While PESA does acknowledge the centrality of the 

traditional system, albeit with reference to the community 

at the village level in the form of Gram Sabha (GS) or 

village council, it makes no provision for or even reference 

to the place and role of any of the existing traditional 

institutions at the village and higher levels. 

According to PESA, there are three partners in governance 

at the village level in SA, namely, the community in 

the form of GS, Panchayats and the State. In this frame the 

position of GS is unique by virtue of the fact that it comprises 

‘We, the People of the Village’ themselves, while 

other institutions, at best, comprise people’s representatives. 

Discontent and radical politics 

….The intensity of unrest resulting in extremist methods 

and effort to resolve issues through violent means as 

www.combatlaw.org 17



18 

The erstwhile landlord himself is in 

many cases willing to let the 

government of Andhra Pradesh 

assign the land to the poor identified 

by the Maoists provided some of it is 

left to him, but the government has 

resisted this resolution of the 

problem on the ground that it would 

sanctify lawlessness 

a challenge to state authority is in response to the gathering 

of unresolved social and economic issues for long 

durations. It creates the impression that policy making 

and administration responds to extreme means. The more 

recent development is in the emergence of CPI (Maoist) 

after the merger and consolidation two powerful naxalite 

streams in September, 2004. This new formation, since its 

inception, is defining the official understanding of the 

extremist phenomenon of the level of the state as well as 

the Union Government. This has appeared in the public 

perception as a simplistic law-and-order face-off between 

the official coercive machinery and this more radical 

extremist political formation. The social consequence 

results, then, in undermining instruments of social and 

economic amelioration as well as processes of democratic 

exchange to resolve persisting issues. This is the crux of 

the problem. 

Perhaps due to the Union Government’s attention to 

the CPI (Maoist) (formed by the merger of CPI M-L 

(Peoples War) with Maoist Communist Centre (MCC) in 

September 2004 and its association to the Naxalite phenomenon, 

that party and its method of functioning have 

started defining the official understanding of the Naxalite 

movement. That is neither factually accurate nor adequate 

for discussing the proper governmental response to 

it. There is no need to go into the history and genealogy 

of the Naxalite movement, but it is necessary to state that 

there are a very large number of Naxalite groups/parties, 

and their method of functioning differs in regard to the 

extent of mobilisation of the people, participation of people 

in their actions, role of armed underground cadre, 

etc., though all of them owe allegiance to the idea that the 

Indian State must be overthrown by force as a precondition 

of revolutionary change in our society. Some of them 

even have representatives in elected bodies from the panchayats 

to the legislatures. The unrest this report is concerned 

about is also not reducible to dramatic incidents 

such as blowing up or blasting of police stations but 

encompasses also mass unrest. Mass participation in militant 

protest has always been a characteristic of Naxalite 

mobilisation, not only in Bihar, but also elsewhere. The 

ban placed by many state governments, and at the national 

level by the Unlawful Activities (Prevention) Act, on 

the Maoist party and its mass organisations, and the formal 

and informal prohibition imposed by the police on 

such activity in the case of other Naxalite groups, has 

often rendered such mass activity virtually impossible. 

But that is no reason for ignoring the fact that the unrest 

this report is concerned with has often had mass character. 

….It is the purpose of this report to see how the 

Government may eliminate the causes of unrest by constitutional 

and legal means and restore faith of the affected 

population in the system of governance established by 

the constitution and law. 

However, the fact that the naxalites employ methods 

of violence in tackling these issues has other consequences, 

which include injury, fear and disruption of normal 

life. It is also a fact that Naxalite activity is not confined 

to solving people’s grievances. They are engaged in 

a violent fight against the State for overpowering and 

overthrowing it. This fight has its adverse consequences 

in terms of the injury and disruption it causes. The link 

between what the report deals with, and what it does not, 

lies in the fact that it is in the course of providing answers 

to the people’s problems and needs that the Naxalite 

movement seeks to obtain their support from the masses. 

Land related factors 

…though aspiration of “land to the tiller” continues to 

be given, the focus of the Naxalite movement is on trying 

to provide land, whether the land of landlords or government 

land, to the landless. In occupying landlords’ land, 

the Naxalites have not taken law as their reference point. 

It is not the ceiling-surplus land of the landlords that they 

have sought to put in the possession of the landless. 

Rather, they have targeted landholders whose holding is 

sizeable as they see it, or who are otherwise oppressive or 

cruel in their conduct, or hostile towards the Naxalite 

movement… 

...There is no estimate of the total extent of such land 

lying fallow in the State, but there is little doubt that it 

runs into tens of thousands of acres, especially in 

Warangal, Karimnagar and Adilabad districts. 4 The erstwhile 

landlord himself is in many cases willing to let the government 

of Andhra Pradesh assign the land to the poor identified 

by the Maoists provided some of it is left to him, but the 

government has resisted this resolution of the problem on the 

ground that it would sanctify lawlessness. Thousands of 

acres of land thus remain fallow. … 

…But all said and done, considering the central place 

the slogan of land to the tiller has in Naxalite politics, 

their attempt at redistribution of private land has been 

meagre. And even that little has been defeated by the 

State’s determined opposition to letting lawless means 

succeed, even for the beneficial purpose of giving land to 

the landless. If the government can get over these unnecessary 

qualms, it should be possible to devise legal means 

appropriate to each instance to ensure that the landless 




get the land. Some of the land can probably be taken over 

under land reform laws and distributed to the poor… 

…In Bihar all the Naxalite parties have attempted to 

assist, in their respective areas of influence, the landless 

Musahars, the lowest among the Dalits, to take possession 

of a sizable extent of such land… 

…To defuse social tension government may regularise these 

occupations if the occupiers are otherwise eligible. 

In the case of forestland, occupation by the Adivasis 

with the encouragement and assistance of the Naxalites, 

has taken place on an extensive scale in Andhra Pradesh, 

Chhattisgarh, the Vidarbha region of Maharashtra, 

Orissa and Jharkhand. In fact much of it is not fresh occupation 

but re-assertion of traditional usufructory rights 

declared by the law to be illegal. Properly conducted forest 

settlement proceedings should have protected at least 

the pre-existing rights, but much of forest settlement proceedings 

have taken place behind the back and over the 

head of the Adivasi forest dwellers. 

The government’s statistics show that 39 percent of 

what is called forest encroachment in the whole country 

has taken place in the above region. Much of it, as said 

above, is not encroachment but occupation that far predates 

forest reservation and forest laws. Prior to 1980 the 

various State governments would off and on acknowledge 

this fact by regularising the occupation, thereby giving 

back what has been unilaterally taken away. But the 

Forest Conservation Act, 1980 put an end to such regularisation, 

and put the forest dwellers perpetually on the 

brink of eviction from their own habitat. This enabled the 

Naxalites to step into the vacuum to espouse the popular 

cause and secure popular support. The fear of Naxalite 

armed resistance deterred the repressive and depredatory 

moves of the authorities. 

…Perhaps a comprehensive registration of sharecroppers 

on the lines of the registration of bargadars in West 

Bengal would consolidate this gain. 

...Considering that mineral resources are largely located 

in the predominantly tribal tracts in the country, it is 

important that mineral exploration and development 

activity is carried out in such a way that (i) it is consistent 

with and non-intrusive of the rights and privileges conferred 

on the tribals under the Fifth Schedule and (ii) it 

causes least disturbance to the ecology that surrounds the 

tribal habitats. In this regard, it is necessary to keep in 

view the guidelines laid down by the Hon’ble Supreme 

Court in the Samata case (referred earlier). The local tribal 

communities, through their Gram Sabhas, should be 

fully involved in any decision taken on mining in the first 

instance. Even if mining were to be taken up in exceptional 

cases, as already referred to, the Constitutional rights 

of the tribals with regard to ownership of the land and its 

resources should be fully protected. 

Eviction, displacement must stop 

…. It is well known that 40 people of all the people 

displaced by dams in the last 60 years are forest-dwelling 

adivasis… 

Adivasis displaced by irrigation projects in Orissa 

have migrated to the forests of Visakhapatnam district of 

Andhra Pradesh in large numbers… 

…Unless the law declares that at least insofar as 

Central legislation or administrative orders are concerned, 

a Scheduled tribe recognised as such in any state 

is eligible for the benefits all over the country, internally 

displaced Adivasis who have crossed state borders will 

remain without any protection in law. Since non-inclusion 

of a tribe in a State’s list only means that the tribe is 

not found there, and not that it lacks tribal characteristics 

in that State, such a prescription would do no harm to the 

purpose of identification of Scheduled Tribes under the 

Constitution. Indeed there is no reason why the same 

rule cannot be adopted for State legislation too. A group 

of Adivasis recognised ST in any State should be recognised 

all over the country in respect of their legal and 

other developmental entitlements. 

…through this process of forced migration, many tribals 

have left their villages and even State and migrated 

into neighbouring states. This involuntary displacement 

and migration has caused further distress among the tribals 

and created administrative problems for the host 

State… 

It is, therefore, time to think about a comprehensive 

policy frame in which such internal displacement of different 

groups of population, whether tribal or Dalit, does 

not take place and in case it happens there should be a 

government policy to take care of such a situation… 

In Bihar there have been many instances where Dalits 

suffering social oppression, and in recent times victims of 

the massacres perpetrated by the caste Senas such as 

Ranbir Sena, have had to flee their hamlets and settle 

elsewhere. Indeed, prevention of the depredations of the 

caste Senas is the state’s duty in the first instance. It has 

failed not only in that but also in providing protection to 

the victims so that they are not forced to migrate, or at 

least shelter and livelihood at the places where they have 

migrated to. The victims have received that help from the 

Naxalites. The trauma of displacement for which the 

state does not provide succour creates space for violent 

movement… 

…In Bihar all the Naxalite parties 

have attempted to assist, in their 

respective areas of influence, the 

landless Musahars, the lowest 

among the Dalits, to take possession 

of a sizable extent of such land… 


19



Often it is as frustrating an 

experience to go to the police station 

as a complainant as it is fraught with 

danger to go as a suspect. Women 

who go to a police station to 

complain of sexual abuse or... 

Social Oppression 

The fight against the social oppression that the Dalits 

and the lower among the OBCs have been regularly subjected 

to is perhaps the most significant among the issues 

used by the Naxalite movement… 

…‘Begar’, or forced labour in all its forms is also prohibited 

by the Constitution in Article 23… 

…A sense of powerlessness is a characteristic of the 

psychological make up of oppressed classes. The typical 

Naxalite cadre, however, is a confident (most probably 

gun-wielding) teenager from those very classes. To see 

young boys and girls of their own villages and their own 

class/caste active in the Naxalite movement, and wielding 

power over the ‘big’ men of the village and the high 

and mighty tahsildar has given a sense of empowerment 

to the oppressed that has inestimable value… 

…The uncertain existence of Adivasis in the forests 

has resulted in tremendous power of harassment in the 

hands of forest department personnel. It is permissible to 

pick edible forest produce but not to undertake cultivation 

of the same produce in the forests. It is permissible to 

gather dry twigs and logs of uprooted trees but not to cut 

standing timber. It is permissible to graze cattle in the 

forests, but it should be ensured that the cattle do not nibble 

at the nurseries of the forest department. In some 

States timber can be gathered for house construction but 

not for any other purpose. Quite apart from the injustice 

of the restrictions, the dividing line between what can be 

done and what cannot is often so slight that there is considerable 

ground for arbitrary action by the enforcer of 

the restrictions. Wherever there is a basis for discretion 

on the part of government officials, forest personnel have 

had to be appeased in different ways to avoid harassment. 

It was only after the Naxalites entered the picture 

that the Adivasis got protection from this harassment, 

which was well known to the administration but was normally 

ignored. 

On some occasions the Naxalites have been able to 

put pressure upon lower level administrators to perform 

their job effectively. The pressure exerted by the Naxalite 

movement has had some effect in ensuring proper attendance 

of teachers, doctors etc., in Andhra Pradesh, 

Maharashtra and Chhattisgarh, but it is also true that 

such employees have made the presence of the Naxalites 

an excuse for not attending to their duties properly in the 

interior areas… 

The fact is that the Naxalites do not see it as their job 

to reform the administration, but to supplant it where 

possible and debunk it otherwise… 

In the matter of resolution of disputes among the people 

and finding redressal, the contribution of the Naxalite 

movement has been significant. There is in general no 

administrative or judicial mechanism in our country for 

resolution of day-to-day conflicts and disputes… 

The Naxalite movement has provided a mechanism 

(usually described as a ‘Peoples Court’) whereby these disputes 

are resolved in a rough and ready manner, and generally 

in the interests of the weaker party. It has the two 

elements of speed and effectiveness. Justice and fairness 

are however often disputed. In particular, use of force disproportionate 

to the issue involved is fairly common… 

Police lack credibility 

Efficient and impartial policing is an important 

requirement of good administration. But the fact is that 

the weaker sections of the people do not have much faith 

in the police. They have no faith that justice will be done 

to them against the powerful. Nor do they trust that the 

police will take interest in doing their duty where the 

poor alone are involved, because the poor do not have the 

wherewithal to make it worthwhile. Often it is as frustrating 

an experience to go to the police station as a complainant as 

it is fraught with danger to go as a suspect. Women who go to 

a police station to complain of sexual abuse or domestic harassment 

are made painfully aware of this fact. Here lies one of 

the attractions of the Naxalite movement. The movement 

does provide protection to the weak against the powerful, 

and takes the security of, and justice for, the weak and 

the socially marginal seriously… 

Any agitation supported or encouraged by the Naxalites is 

brutally suppressed without regard to the justice of its 

demands. 

...The administration should not have waited for the 

Naxalite movement to remind it of its obligations 

towards the people in these matters… 

…It should be recognised that such a responsibility 

would lie upon the Indian State even if the Naxalites 

were not there, and even in regions where the Naxalite 

movement does not exist. 

State’s answer 

From early seventies to the middle eighties, the central 

government and the planning commission recognised 

the basic principles enunciated in the Preamble of 

the Constitution and the major points under the Directive 

Principles of State Policy. The Plan documents used to 

reiterate the commitment to reduction in inequality of 

income and wealth among and within different sections 

of the community. 

The Ministry of Home Affairs (MHA)‘s Annual 

Report for the year 2006-2007 mentions the spread of 

Naxal movement across 12 states of the Union. The pro- 

20 




file of violence during the last few years has been as follows: 

Government policy 

The salient features of government policy to deal 

with the Naxal problem, as outlined in the Ministry of 

Home Affairs Status Paper brought out in May 2006, are 

summarised below: 

i) deal sternly with the Naxalites indulging in violence; 

ii) address the problem simultaneously on political, security 

and development fronts in a holistic manner; 

iii) ensure inter-state coordination in dealing with the 

problem; 

iv) accord priority to faster socio-economic development 

in the Naxal affected or prone areas; 

v) supplement the efforts and resources of the affected 

states on both security and development fronts; 

vi) promote local resistance groups against the Naxalites; 

vii) use mass media to highlight the futility of Naxal violence 

and the loss of life and property caused by it; 

viii) have a proper surrender and rehabilitation policy for 

the Naxalites; and 

ix) affected states will not have any peace dialogue with 

the Naxal groups, unless the latter agree to give up 

violence and arms; 

All these constitute ingredients of internal security 

which the State should address by appropriate sectoral 

ameliorative measures. The removal of other insecurities 

like land insecurity, livelihood insecurity, food insecurity 

and security against economic and social oppression 

were not being properly addressed. These issues have to 

be responded to fairly and justly… 

The Naxal problem has to be tackled in a multipronged 

approach. Some of the ameliorative measures 

like National Rural Employment Guarantee Act 

(NREGA), 2005, The Scheduled Tribes and Other 

Traditional Forest Dwellers (Recognition of Forest 

Rights) Act, 2006, National Rehabilitation & Resettlement 

Policy, 2007 have been introduced and mentioned elsewhere 

in the report. 

…the Forest Dwellers Rights Act, on 19th June, 2007, 

clarified certain difficult points, for instance, “other traditional 

rights”, “primarily reside in and dependent on forest 

or forest land”, “Rights to minor forest produce” etc. 

to remove any ambiguity or ambivalent nuances and for 

easy implementation for benefit of the target groups. But 

they were summarily deleted in the final notification of 

the Rules published on January 01, 2008. Unless the original 

clarifications as contained in the draft Rules of 19th 

June, 2007 are restored fully, the Act would fail to achieve 

its objective of removing “historical injustice to forest 

dwelling Scheduled Tribes and other traditional forest 

dwellers who are integral to the very survival and sustainability 

of the forest ecosystem”. Moreover, disaffection 

and dissatisfaction among them would grow, thereby 

aggravating social dissension and unrest…. 

The NREGA is an important element in providing 

livelihood support and protection to the poorest of the 

poor. However, the experience so far suggests that in 

backward and remote districts with poor administrative 

structures the implementation is not at all satisfactory. 

There has been inadequate focus on systems, mechanisms 

and capacity in these areas, which need to be 

strengthened so that NREGA fulfils its promise to 

enhance livelihood support. Evidence from the backward 

and tribal areas of Orissa, Jharkhand, Chhatisgarh 

demonstrates that greater focus on better administrative 

support is required to extend the reach of these programmes. 

So far the evidence indicates that militants 

have not interfered with the implementation of this programme 

in these areas… 

Transparency in the functioning of the government is 

an essential requirement of good governance… 

Naxalism is a political tendency 

…Naxalite movement has to be recognised as a political 

movement with a strong base among the landless and poor 

peasantry and adivasis. Its emergence and growth need to be 

contextualised in the social conditions and experience of people 

who form a part of it… 

Since the goals of the movement are political it has to be 

addressed politically… 

...This approach is used the world over to tackle insurgencies 

democratically. 

The government’s Status Paper on the Naxal problem 

appropriately mentions a holistic approach and lays 

emphasis on accelerated socio-economic development of 

the backward areas. However, clause 4 (v) of the Status 

Paper states that “there will be no peace dialogue by the 

affected states with the Naxal groups unless the latter 

agree to give up violence and arms”. This is incomprehensible 

and is inconsistent with the government’s stand 

vis-à-vis other militant groups in the country. 

The government has been conducting peace talks 

with the Naga rebels of the NSCN (IM) faction for the last 

nearly ten years, even though the rebels have not only not 

surrendered their weapons but continue to build up their 

arsenal. What is worse, the NSCN (IM) have taken advantage 

of the peaceful conditions to consolidate their hold 

and establish what could be called almost a parallel government. 

In relation to ULFA also, the government is prepared 

to have a dialogue without insisting on the insurgents 

surrendering their weapons. In J&K, the government 

has more than once conveyed its willingness to 

hold talks with any group, which is prepared to come to 

the negotiating table. Why a different approach to the 

Naxals? The doors of negotiations should be kept open. 

Various aspects and roots of popular discontent were 

discussed in the preceding pages. The Naxalite movement 

is principally a political action for armed conquest 

of State power. It functions to this end through various 

organisations and by various means. There are also 


21



armed cadres, usually organised as 

squads (Dalams). Violence or the 

threat of violence by the armed cadre 

invariably accompanies the solutions 

the Naxalite movement offers to 

popular grievances. 

When the State undertakes its 

response it cannot replicate this process. 

It is required to function 

through the law. Therefore recommendations 

are in terms of modifications 

to the law or effective implementation 

of the law, and State interventions 

to remove the basic causes 

of discontent, disaffection and 

unrest. It cannot be denied that 

Naxalite movement does have popular 

support in many areas. 

Scrap all debts 

The affected groups experience 

violence in their daily lives — SCs 

due to the caste based social order 

and STs due to cultural dominance of 

the larger society… 

Usury and indebtedness are the 

chief causes of acute distress and 

exploitation, like land alienation and 

bonded labour. … 

…All debt liabilities of weaker sections 

should be liquidated… 

The Scheduled Tribes and Other 

Traditional Forest Dwellers 

(Recognition of Forest Rights) Act 

2006 is a very significant step in 

recognising and vesting the forest 

rights and occupation in forest land, 

in forest dwelling, scheduled tribes 

and other traditional forest dwellers 

who have been residing in such forest 

for generations but whose rights 

cannot be recorded… 

All petty cases registered under forest 

related legislations against the Tribal 

people and other poor persons should be 

withdrawn. 

Land related steps 

…So there is an urgent need to 

review tenancy laws to protect the 

interests of tenants cultivating land of 

land owners on oral leases by providing 

them security of tenure and fare share of 

produce etc… 

...All types of agricultural tenancies 

should be recorded and 

rights of tenants should be 

secured and the rights of such tenants 

should be fully secured through 

enforced land to the tiller policy and 

ensure accessibility of tenants to 

non-land inputs… 

In many cases where land has 

been assigned to the landless poor 

under ceiling and bhoodan (land 

donation) laws and government 

lands, possession over this land has 

not been delivered. Where possession 

was delivered, many beneficiaries 

have been dispossessed from 

their land. Where dispossession has 

taken place after possession was 

delivered, land should be restored to 

the allotees and proper entry made 

in the land records. 

Landless poor in occupation of 

government land should not be treated 

as encroachers and should not be 

evicted ordinarily. All eligible occupants 

should be regularised. In case of 

eviction alternative sites should be 

provided. Such provisions should be 

given statutory force. Often land 

assigned to the poor is illegally 

grabbed by the powerful. The government 

should restore possession to 

the poor. If there are lacunae in the 

law, these should be removed. 

Comprehensive record of rights 

showing possession, ownership, etc. 

of all lands under cultivation should 

be prepared and made accessible to 

the people. 

Laws prohibiting transfer of 

Adivasi lands to non-Adivasis and 

acquisition of land by non-Adivasis 

in Fifth Schedule areas, where such 

laws exist, suffer from numerous 

loopholes besides tardy implementation… 

The entire Tribal Sub Plan area 

should be brought under the Fifth 

Schedule. A policy decision in this 

regard taken as far back as 1976 

should be implemented without any 

further delay. 

Whenever government assigns land 

to the landless, or when pattas are given 

under some settlement regulations, such 

assignment deeds and patta shall be 

jointly given in the name of the husband 

and wife, in order to effectively protect 

land rights of women. 

Land acquisition 

Acquisition of land has emerged 

as the single largest cause of involuntary 

displacement of tribals and 

turning them landless. 

Indiscriminate land acquisition 

should be stopped and land acquisition 

for public purpose should be 

confined to public welfare activities 

and matters of national security… 

‘Public purpose’ as defined in the 

amended Land Acquisition Act 

(amendment currently with 

Parliament) should be revised further 

and restricted to projects taken 

up for national security and public 

welfare implemented directly by the 

government ‘Public purpose’ should 

not be stretched to acquisition for companies, 

cooperative and registered societies… 

The areas in Central India where 

unrest is prevailing covers several 

States (like Andhra Pradesh, Orissa, 

Chhatisgarh, Madhya Pradesh, 

Jharkhand and part of Maharashtra) 

are minimally administered. State 

interventions both for development 

and for law and order had been fairly 

low. In fact there is a kind of vacuum 

of administration in these areas 

which is being exploited by the 

armed movement, giving some illusory 

protection and justice to the 

local population. The basic steps 

required in this direction include 

establishment of credibility and confidence 

of government; keeping a 

continuous vigil for fulfilment of 

people’s vision; effective protection, 

peace and good governance; rejuvenating 

tribal economy including 

social services; sustainable development 

with equity in tribal areas; 

holistic planning from below in 

scheduled areas; and negotiating 

crises by focussing on ending of confrontation. 

Endnotes 

1 Shah et al (2006), pp. 103-105. 

2 Government of India (2004), Report of the 

Expert Group on Prevention of Alienation of 

Tribal Land and its Restoration (New Delhi: 

Ministry of Rural Development). 

3 The Fifth Schedule of the Constitution refers 

to eight States which have a large tribal population 

– AP, Bihar, Gujarat, HP, MP, 

Maharashtra, Orissa and Rajasthan. The 

Sixth Schedule refers to the north-eastern 

States, which also have a large tribal population. 

4 Committee of Concerned Citizens (2002). 

22 




Public outrage at 

activist’s murder 

Seeking transparent implementation of National Rural Employment Guarantee Act 

cost Lalit Mehta his life. This sad reality haunts poor and those who fight for their 

cause all over Jharkhand where Lalit’s death has created a fierce outrage, writes 

Parvinder Singh from Ranchi 

The murder of food rights 

activist Lalit Mehta, who was 

campaigning to make the 

national rural employment guarantee 

scheme more effective in 

Jharkhand, has spurred a larger civil 

society campaign against corruption 

and non-implementation of the 

scheme that guarantees 100 days of 

work to every poor rural household. 

Even as eminent social activists, 

including Swami Agnivesh, 

Magsaysay award winner Aruna 

Roy, Nikhil Dey and CPI politburo 


member D Raja, gathered in the 

Jharkhand capital on June 10 to 

demand a CBI probe, a sense of outrage 

is giving way to a resolve to dig 

deep for a fight for accountability 

and implementation of entitlements 

meant for the poor. 

This mood was palpable during 

the mass rally held in the state 

capital Ranchi as marginalised 

people and concerned citizens, 

activists and organisations 

expressed their solidarity. 

The rally was preceded by a candlelight 

procession at Albert Ekka 

Chowk on the evening of June 7, and 

a two-day protest began. Senior journalist 

Prabhash Joshi and a host of 

Left leaders took to fast in protest. 

A statewide platform ‘Daman 

Evam Bhrashtachar Virodhi Sangharsh 

Samiti’ (Campaign committee 

against repression and corruption) -- 

launched after Lalit’s killing – has 

been leading the agitation to continue 

the struggle for National Rural 

Employment Guarantee Act 

23



(NREGA) in the tribal dominated 

state and carry forward the spirit that 

the slain engineering graduate represented. 

Death for asking food for poor 

Food is a life and death issue for 

millions in India and so is the struggle 

for securing it. This came to the 

fore when Lalit was murdered in 

cold blood on the night of May 14th 

at Kandaghati in Chhatarpur, about 

30-km from Ranchi. 

Lalit was campaigning to make 

the National Rural Employment 

Guarantee Act (NREGA) scheme 

work. This guarantees 100 days of 

employment, in Chhatarpur and 

Chainpur blocks that are among 

world’s most impoverished pockets. 

Two days after the engineerturned 

activist went missing; his 

body was exhumed by police from 

grave and identified on May 17. 

As many as 17 activists have been 

killed in the recent past in Jharkhand 

alone. Lalit’s death has sparked 

demands for state level action 

against corruption in the implementation 

of rural employment scheme 

in this tribal-dominated state. 

“No State operates in this area. 

The cost of resisting the power of 

landlords can well be loss of life,” is 

how Lalit, a member of Vikas Sahyog 

Kendra (VSK), a long-term partner of 

ActionAid, once described his work 

mainly based on rallying communities 

who had been pushed to the 

margins through debt, loss of land, 

crop failure and decades of discrimination. 

He knew the dangers involved in 

acting against the wishes of powerful 

local moneylenders, petty contractors 

and government officials. 

At the time of his death, he was 

helping a team of volunteers to conduct 

a social audit in a bid to get government 

anti-poverty schemes providing 

food, work and nutrition 

implemented in Chainpur and 

Chhattarpur blocks of Palamau district. 

Attempts had been made to dissuade 

the team from conducting 

their work, particularly in Chainpur 

Block. Lalit was killed just a day after 

the investigation began. 

24 

Putting life in the line of 

poor's service 

Lalit Mehta is not alone who has been slain for raising uncomfortable 

questions from the side of poor before well to do, moneyed sections 

who rob weak of their due but a host of other activists too are being 

done to death in similar murder. They are: 

AD Babu, convener of Karnataka unit of National Alliance of People's 

Movement (NAPM) and anti-liquor activist was attacked with swords and 

knives on July 21 in Karnataka while going to address an anti-liquor rally 

in the state. He soon succumbed to injuries inflected. 

Shiv Babu has been fighting for mine workers' rights in Allahabad district 

for years. A few months ago he was returning after attending a workers 

meeting at Shankargarh, about 40 kms away from Allahabad, when his 

motorcycle was hit by a truck. He succumbed to injuries brought through 

the accident. Colleagues and workers see the hand of local mafia in his 

death brought through a clever plot. 

Kameshwar Yadav was a CPI-ML (Liberation) activist, who took up 

NREGA related issues for the poor people of his Jharkhand state. He was 

killed and left on road near Giridih on June 7. His bullet riddled body was 

spotted after a few local people insisted and made him to accompany 

them to market. His family, friends and colleagues think his death to be an 

act of vendetta. 

Tapas Soren has been organising work for poor neighbours and his own 

family members under NREGA in his native Hazaribagh district of 

Jharkhand. All the workers have been victims of delayed payment for the 

work they have been doing and they had to pay cuts to the local government 

officials from their meagre earnings. On July 2 , Tapas went to bank 

and on finding no money having been transferred to his account, he went 

to see local block development officer (BDO). Locals say soon after this 

meeting Tapas doused himself with kerosene and set himself afire. He 

committed this act and gave up his life, according to his elder brother 

Dilip Soren, out of disgust born of officials' apathy. 

— With inputs from Elisabeth Abeson, Vijay Pratap, Anup Srivastava 

Local contractors and officials 

were unhappy with his work of 

exposing corruption and mobilising 

people to demand their rights. 

In the last year the VSK team 

had made great strides. They sensitised 

gram panchayat members. 

The quality of leaders improved. 

Corruption was exposed and 

even money recovered. 

Programmes for employment, 

pensions, and ration cards, mid-day 

meals for children and mother and 

infant nutrition centres were all 

given a kick start. School enrolment 

increased and mortgaged land was 

returned from moneylenders. 

One of the goals of VSK is to 

make accessible 100 days of employment 

for 16,000 families in 40 villages 

in the district. 

Rampant corruption 

Cases reported by the social audit 

exposed serious corruption. The 

muster roll for a community pond 

dug under the project listed 108 

names for receiving employment but 

the investigation reveals that in reality 

only 18 villagers had been working. 

In Cheeru village of Chhattarpur 

block, several names in the muster 

rolls were found to be fictitious. 

Since this region has high level of 

illiteracy, most people use thumb 

impressions as signatures. Villagers 

were surprised to find their handwritten 

signatures on muster rolls. 

“We have formally appraised the 

matter to NREGA commissioner and 

advised him to take corrective measures 

to ensure proper implementa- 




tion of the act,” Jean Drèze who was 

the prime mover of the employment 

guarantee scheme said. 

Emerging consciousness 

For two weeks after Lalit’s murder, 

the public hearing at the government 

high school, Chhattarpur 

brought dozens of men and women 

from some of the poorest communities 

on this planet to the stage narrating 

tales of mismanagement that 

have made the employment scheme 

defunct in their areas. 

Thousands of tribal, Dalit and 

landless people, from the 

Chhatarpur and Chainpur blocks, 

looked on at officials with questioning 

eyes, as testimonies of corruption 

were shared, like fake muster rolls, 

forged signatures and fraudulent job 

applications. 

A message from chairperson 

of the ruling United Progressive 

Alliance Sonia Gandhi was read 

out, stating that: “Mehta worked 

in the region for the right to food. 

I also have learnt he had been 

carrying out social audit on the 

NREGA implementation. Maybe 

his work became a threat for 

those involved in the irregularities, 

which ultimately led to his 

killing.” 

“This is one of the most painful 

incidents in our recent history. The 

murder was brutal, pre-meditated 

and was an act of terror to attempt to 

silence the voice of peaceful fighters 

for justice,” said Babu Mathew, country 

director, ActionAid. 

“If our work was not relevant we 

would not have been attacked in this 

manner,” Mathew added. 

– The writer is associated with 

ActionAid 

DISABILITY RIGHTS 

UN opens new chapter 

in lives of the disabled 

UN Convention on the Rights of Persons with Disabilities has come into force from 3rd 

May 3, 2008 with 20 countries ratifying this. India too is a signatory and thus committed 

to follow the convention. This can signal fresh hope for the disabled. 

A report by Cambat Law team 

The January-February 2008 edition 

of the Combat Law was a 

Disability Special and covered several 

issues related to persons with disabilities. 

Some of the articles touched 

upon the subject of the United 

Nations Convention on the Rights of 

Persons with Disabilities that had 

been adopted by the General 

Assembly of the United Nations in 

December 2006. It was further mentioned 

that India had signed the 

Convention excluding the Optional 

Protocol (which contained provisions 

for the monitoring and enforcement 

of the provisions of the 

Convention) in March 2007 and ratified 

it in October 2007. The 

Convention was however not in force 

then as it would have become operational 

only upon 20 countries ratifying it. 

Twenty countries including India 

have now ratified the UN 

Convention on the Rights of Persons 

with Disabilities. Jamaica was the 


first nation to ratify the Convention 

and Ecuador the 20th. The 

Convention entered into force on 3rd 

May 2008. India and the other states 

that have ratified the Convention 

have undertaken to enact laws and 

take measures to provide for and 

improve the rights of persons with 

disabilities as also prevent discrimination 

against persons with disabilities. 

This Convention, which is the 

first human rights treaty of the 21st 

century, is also the fastest negotiated 

and the fastest one to enter into force 

as per a UN Press Release dated 2nd 

May 2008. It is estimated that the 

provisions of the Convention will 

seek to benefit about 650 million people 

worldwide forming about 10 per 

cent of the global population including 

about 70 million people in India. 

Countries that have ratified the 

UN Convention on Rights of Persons 

with Disabilities and the date of ratification 

Bangladesh - 30 November 2007 

Croatia - 15 August 2007 

Cuba - 6 September 2007 

Ecuador - 3 April 2008 

Egypt - 14 April 2008 

El Salvador - 14 December 2007 

Gabon - 1 October 2007 

Guinea - 8 February 2008 

Honduras - 14 April 2008 

Hungary - 20 July 2007 

India - 1 October 2007 

Jamaica - 30 March 2007 

Jordan - 31 March 2008 

Kenya - 19 May 2008 

Mali - 7 April 2008 

Mexico - 17 December 2007 

Namibia - 4 December 2007 

Nicaragua - 7 December 2007 

Panama - 7 August 2007 

Peru - 30 January 2008 

Philippines - 15 April 2008 

Qatar - 13 May 2008 

San Marino - 22 February 2008 

Slovenia - 24 April 2008 

South Africa - 30 November 2007 

Spain - 3 December 2007 

Tunisia - 2 April 2008 

 

25


LAND GRAB 

Operation Grab-Back: 

Heeding Medha’s Cry 

In the wake of UP government’s decision to 

seize agricultural land in Kushinagar for the 

development of a Buddhist pilgrimage centre, 

the National Alliance of People’s Movements 

(NAPM) held its seventh biannual 

convention. Addressing activists from across 

the country, Medha Patkar identified landgrabs 

as the root-cause of some of India’s 

most pressing problems. Elisabeth Abeson 

interviewed Medha for further insight and 

recommended action 

Gathering thousands of people 

from India’s struggle movements 

is no small task. 

Battling agenda could conceivably 

result in organised defiance gone 

amuck. Yet, this did not happen at 

the seventh biannual convention of 

the National Alliance of People’s 

Movements (NAPM). 

A common theme emerged which 

linked the voices and reinforced their 

tenor. From farmers’ testimonies citing 

the injustice of the local landgrab 

for the creation of a “special 

religious zone” to the ousting of 

thrice-displaced slum-dwellers to 

make way for yet another urban 

mall, it became clear that many 

struggles shared the same root cause. 

The inaugural speech by NAPM 

convenor, Medha Patkar, identified 

special economic zones (SEZ) as the 

people’s foremost problem which 

requires immediate attention. This 

was due to the associated injustice 

and suffering caused as a result of 

such grabs. 

Post-convention Medha-ji clarified 

her mention of SEZs: “(Our) 

strategies are actually not limited to 

SEZs. We are questioning the taking 

away of land which is used for agriculture, 

horticulture and pisciculture 

to make way for manufacturing 

areas…The basic thing is that land 

that is a source of livelihood should 

not be grabbed and destroyed in the 

name of public purpose.” 

As Kushinagar’s “special religious 

zone” implies, the government 

has no scruples in terms of how it 

chooses to justify land-seizure. From 

coastal special tourism zones to the 

repeal of urban Ceiling Acts, there 

are endless ways to amputate people 

from their land, livelihood and cultural 

heritage – the wee bit of Bharat 

they call “home”. 

What concerns Medha the most is 

the degree to which, “big chunks of 

land are getting diverted...this is really 

a new phenomenon for India. And, 

the number, scale and pace at which 

SEZs have grown suggest that it is 

unprecedented even in the world.” 

Indeed, India Inc. seems to be 

running a clinical trial for testing the 

impact of widespread land-grabs on 

society with no precedent, guidelines 

or monitoring authority (unless the 

profiteers who shepherd the Acts 

through to implementation qualify 

as self-proclaimed auditors). 

Since land-grabs are colonising 

India and Medha Patkar identifies 

them as the root – cause of many ills, 

it seems prudent to identify the 

impact of land-grabs as a basis for 

collective action. This is not to diminish 

the importance of each struggle, 

but to call attention to an underlying 

issue which needs to be addressed 

across movements. 

Put simply, “Since land means 

land and everything attached to land, 

everything is affected by the (SEZ 

land acquisition) process.” It corporatises 

India’s natural resources, creates 

disparity, and worsens food 

security, unemployment, livelihood 

and housing crises. As if this was not 

enough, NAPM’s convener added 

that land-grabs change the priorities 

and the main participants in the 

planning process. They encourage 

corruption and erode the constitution 

as well as the governing powers 

of local authorities. Indeed, the 

impacts of land-grabs read like the 

“top 10” ills facing India today. 

Conversation excerpts follow: 

Medha highlighted the corporatisation 

of natural resources in the context 

of Foreign Direct Investment 

26 



LAND GRAB 

(FDI) – underscoring the degree to 

which outside players are driving 

India's development process. “It is 

very, very clear that this kind of planning 

is corporate planning which is 

favouring private investors by transferring 

all concessions from farmers 

to corporates which have the global 

power of lending agency support 

with them.” 

This brought us to the food security, 

unemployment and livelihood 

crises – all of which are exasperated 

by the corporatisation of resources. 

“We have a very serious food security 

situation”, warned Medha-ji who 

questioned the government’s logic of 

seizing self-sustaining agricultural 

communities. “They are destroying 

the livelihoods of fishermen, of 

labourers, of everyone. And they are 

not creating as many jobs (as they are 

destroying).” 

From Nandigram to POSCO, 

Medha lamented that, “they are 

killing one kind of manufacturing 

and bringing in another kind of manufacturing 

(for which the local community 

is not skilled).” So, is there 

any reason to wonder why India is 

facing an unemployment and livelihood 

crisis? 

Here, Medha-ji made a point that 

India’s focus on rural displacement 

often overshadows the equally devastating 

effect of urban population 

displacement. “In the urban areas, 

the land is going to the Corporates 

and big builders because of the 

(repeal of the) Urban Land Ceiling 

Act. In Maharashtra, this is creating 

housing, unemployment and livelihood 

crises. There is also an expectation 

that industrialisation will absorb 

all those who are displaced, but that 

is not happening.” 

If seizure continues willy-nilly 

sans judicial interference, then before 

we know it the government will 

institutionalise land-grabs as an 

acceptable way of ‘doing business’. 

According to Medha, “The current 

development planning process 

increases the areas in which corporates 

have influence – policy making, 

planning, and so on – all of which 

will permanently affect the future of 

India.” She then cited the Mumbai 

Plan which was crafted in part by 

McKinsey, an American consulting 

firm. So much for ‘swaraj’ – guess it 

only had a shelf-life of 60 years. 

“As the government is handing 

over more and more land to the corporates, 

the priorities, actors, forces 

and the main participants in the 

planning process are changing.” 

Wouldn’t it be eerie if a people-centred 

notion of development became a 

thing of the past? Something that 

existed before the SEZ-sponsored 

cricket teams replaced the statebased 

system? If we don’t do something 

about it soon, then the next 

generation will be cheering for 

Reliance rather than Rajasthan by the 

time they turn five. 

As this scenario is clearly unacceptable, 

it seems peaceful agitation 

is in order. While I generally avoid 

military metaphors, “Operation 

Grab-Back” seems a fitting title for 

the people’s offensive since Medha 

regards the anti-SEZ movement as a 

struggle to prevent “the killing of 

communities”. According to the 

points raised in our discussion, this 

‘manoeuvre’ consists of a fourpronged 

plan: supporting local 

struggles, educating intellectuals and 

common people, protesting the existing 

land acquisition acts and creating 

a draft policy which advocates a people-centred 

development approach. 

In fact, on 18 June, NAPM presented, 

“a draft policy to the 

Planning Committee before 

Parliament which outlined the need 

for a Development Planning Act. It 

challenged new bills which are giving 

more and more land to the corporates 

and rallied for communities (to 

have) first rights to the resources 

within their boundaries...The proposed 

Act created a framework 

whereby, only after a community 

made a plan would the larger territory 

go through a democratic development 

procedure with minimum displacement.” 

Hopefully, the government’s selfsabotaging 

behaviour will end and 

the above logic will prevail. 

Otherwise, India will not be able to 

sustain the impact of its so-called 

‘development’. As the POSCO struggle 

indicates, people can only take so 

much — even satyagrahis submit to 

force. For example, anti and pro 

POSCO families are fighting each 

other with arms stored by local 

police in the schools of anti-POSCO 

villages they seized. If the government 

wants its people to survive long 

enough to reap the benefits of ‘development’, 

it seems prudent to re-visit 

existing bills and collectively address 

India’s plans. This process must be 

driven by locals rather than bribed 

Delhiites. Otherwise, a percentage of 

India may become extinct even 

before the Commonwealth games 

begin 1 . 

In closing, Medha stressed that, 

“It is very, very clear that this is not 

an acceptable form of development 

planning…It is changing the economic 

and political culture of the 

country,...and if it continues, it will 

become irreversible. People need to 

start questioning land grabs and supporting 

the battles and the decentralised 

planning process (in order to 

restore local communities with primary 

control over their own 

resources).” 

The bottom-line is that people 

need to either join ‘Operation Grab- 

Back’ or resign themselves to living 

in a nation officially ruled by CEOs 

and World Bank economists. Are 

people really keen to institutionalise 

corporate colonisation in a country 

that has already had more than its 

political share? Thankfully, you don’t 

have to wait until the Annual 

Meeting to cast your vote. If you 

want to retain your rights as a citizen 

(rather than a corporate shareholder) 

and safeguard a modicum of peace, 

then it is time to start grabbing back. 

— The writer is a Business and 

Human Rights specialist who is documenting 

the negative ramifications of 

corporate-led globalization in India. 

1 The Indian Government is investing $ 17.5 

billion to ‘modernise’ Delhi in time for the 

2010 Commonwealth Games. Modernisation 

includes a host of excuses to turn Delhi into 

a ‘showcase city’ through sterilisation campaigns 

ranging from displacing 

slum-dwellers for the creation of ‘Games 

Village’ to doing away with cycle rickshaws 

lest they leave visitors with the impression 

that India is more tarnished than ‘shining’. 


27



A voice of conscience 

A second postmortem in a custody death was first 

declined and then acceded by Delhi High Court and in 

between two positions came judge’s conscience. Combat 

Law Bureau presents the report about the unusual turn of 

events during the hearing of a Writ of Mandamus filed by 

two human rights lawyers 

In a landmark order, Delhi High 

Court ensured a second postmortem 

on the body of Hasib 

Qureshi, a victim of death in custody 

in Bareilly District Jail. Justice Vipin 

Sanghi had first declined to order 

another postmortem on the body as 

he felt that the matter fell under the 

jurisdiction of Allahabad High 

Court. Yet, the very next day he 

called parties and reversed his own 

order on May 24. He observed that 

his earlier order weighed on his conscience 

and so he spent sleepless 

night. He ordered a second postmortem 

to ward off and avert what 

he called a miscarriage of justice as 

time could be wasted in approaching 

Allahabad High Court, causing several 

days old body further harm and 

decay. 

Hasib’s relatives had pleaded 

before Justice Sanghi for another 

autopsy as they suspected him to 

have succumbed to injuries inflicted 

in Bareilly District Jail where he was 

lodged as undertrial. The jail authorities 

are accused by Hasib’s elder 

brother Anis of beating Hasib mercilessly 

and playing truant after his 

death in order to hush up a clear case 

of death due to inhuman torture in 

jail. 

Anis too had spent a few days in 

the same jail as a co-accused with 

Hasib. This was after Hasib’s wife 

filed a case against them under section 

498 A/506 Indian Penal Code 

and Section 314 of Dowry Protection 

Act at Faridpur police station in district 

Bareilly. Police arrived from 

Faridpur on May 9 to take the two 

brothers in custody from their west 

Delhi home. They were taken to 

Nangloi Police Station in Delhi by UP 

Police, produced before a 

Metropolitan Court in Delhi before 

being moved to Faridpur. The two 

brothers were remanded to Bareilly 

District Jail on being produced 

before a magistrate in Bareilly. 

Anis eventually was released on 

bail and rushed to Delhi where his 

sister was awaiting her wedding. 

However, the marriage was broken 

since Anis and his brother lost their 

He observed that his 

earlier order weighed 

on his conscience and 

so he spent sleepless 

night. He ordered a 

second postmortem to 

ward off and avert 

what he called a 

miscarriage of justice 

Justice Vipin Sanghi 

reputation by virtue of being sent to 

jail. Anis got busy in finding another 

match for his sister. In the meantime 

his Bareilly-based cousin Nasir was 

instructed by him to visit and take 

care of Hasib whose bail-plea was 

turned down by Bareilly court. 

Anis got a telephone call from 

jailer in Bareilly early afternoon on 

May 18, saying that Hasib was 

unwell and so the phone number of 

the prisoner’s local contact was needed. 

Anis not only promptly gave the 

phone number of Nasir but also 

offered to come to the jail to see 

Hasib. The jailer assured that the 

prisoner was not as serious as to warrant 

Anis to visit him. 

Soon Anis rang up Nasir to tell 

him to find out about Hasib. The 

phone was picked up by Nasir’s sister 

Nasrin. She told Anis that Nasir 

was already at Bareilly Jail, trying to 

meet Hasib for days. The jailer again 

rang up Anis to say that Nasir’s 

phone number given to him was 

wrong. Anis told the jailer about the 

talk he had had with Nasir’s sister 

through the same number. 

Anis left for Bareilly along with 

friends and family on May 18. The 

28 




next evening he was told by jail 

authorities of death of his brother 

Hasib. At the mortuary, they were 

not allowed to see the body. A friend 

who was able to peep in to find 

Hasib’s face to be bruised, forehead 

swollen, blood stains on teeth, stiffed 

raised arms, feet limping and sole 

twisted. The body was naked but for 

an underwear. A lone doctor conducted 

the postmortem. The body 

was sealed and handed over to Anis. 

It was brought to Delhi and taken 

to Nangloi police station by Haisb’s 

incensed relatives. They held a dharna 

asking for a second postmortem 

by a team of doctors in Delhi. The 

Deputy Commissioner of Police 

arrived at the police station and the 

body was taken in custody. It was 

kept at nearby Sanjay Gandhi 

Memorial Hospital. The family 

moved a Metropolitan Court for a 

suitable order in the wake of bizarre 

circumstances of Hasib’s death. It 

was declined for lack of court’s jurisdiction. 

The family contacted human 

rights lawyers Vipin Benjamin 

Mathew and Jayshree Satpute who 

moved a writ of mandamus before 

the Delhi High Court. Justice Sanghi 

heard the plea but declined to order a 

second post mortem on May 23 since 

the incident pertained to the jurisdiction 

of Allahabad High Court. The 

next day, however, his lordship 

revised his earlier order and issued 

directions to 

The Medical Superintendent of 

Sanjay Gandhi Memorial 

Hospital to preserve the body in 

the best possible manner and to 

trasport the same to AIIMS on 

May 26, 2008 latest by 11.00 am. 

 

 

 

 

 

 

Constitute the medical board of at 

least three doctors to conduct the 

second postmortem of the 

deceased Hashib Qureshi. 

The postmortem report should 

specifically indicate external/ 

internal injuries, if any, on the 

body of the deceased suffered by 

him post or ante mortem 

The postmortem has to be conducted 

on May 26, 2008 at 4 pm. 

The postmortem proceedings be 

video-graphed 

The original of the postmortam 

report and vido-graph shall be 

preserved in a sealed cover by 

AIIMS till further directions from 

the competent court looking into 

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29

2 Kashmir:general.qxd 8/1/2008 8:05 PM Page 30 


Over half-a-million troops hold Kashmir 

captive. This has not only robbed people 

of their normal civilian space but also 

led to one of the worst traps that any 

land or its people have ever 

come under, says award 

winning documentary film 

maker Sanjay Kak 

Incarcerated 

land and people 

Kashmir remains one of the 

most underreported stories in 

the world. This is not because 

of just neglect, or a natural silence. 

It’s very carefully constructed. And 

the silence is paradoxically constructed 

out of a lot of noise. Kashmir is an 

issue that is perpetually in the news 

in India -- in print, in public life, on 

television. Yet, when one looks at the 

output of the huge machinery, there 

is very little in-depth analysis, showing 

very little understanding. So this 

will remain one of the paradoxes of 

our time; that while Kashmir is 

always in the news in India, it has 

never been understood. 

Of course, with the international 

media and India’s growing stature – 

whether real or imaginary -- as a 

world power, or a world power in the 

making, India is suddenly a very 

attractive commodity. Many countries 

that would have traditionally 

been very quick to pay attention to 

what is happening in Kashmir and 

comment on it, or take a position, are 

a bit reluctant, because they have 

vested interests here in India. They 

see it as a market. 

The way the Indian State has successfully 

projected Kashmir, first to 

the Indian people, and then to the 

world at large, is as follows. That 

1947 marks the partition of British 

India into India and Pakistan; 

Kashmir was a disputed zone, and 

that Pakistan has illegally grabbed a 

part of it, and the rest of it has rightfully 

fallen within India. Hence, the 

current situation is really a dispute 

between India and Pakistan. 

30 




Such a characterisation completely 

ignores the fact that for long there 

has been—as it continues to be – an 

issue of self-determination of the 

people of Kashmir. This is a demand 

that predates Partition by at least a 

decade and it has been a part of public 

discourse in Kashmir ever since or 

even before. However, somehow that 

political demand for freedom, or 

azadi, or some form of self-determination, 

has completely been buried 

by its over simplification as an India- 

Pakistan dispute. 

The Indian State has managed to 

curtain off Kashmir from intelligent 

scrutiny by three rather deft curtains. 

The first, obviously, is Pakistan. 

Whenever you speak of Kashmir in 

India or anywhere else, the Indian 

position always is that this is a movement 

that is supported by Pakistan. 

Since Pakistan as a State is presented 

as inimical to India, how can one 

possibly have any kind of sympathy 

or space or understanding for such a 

movement? If one makes it past this 

first layer of obfuscation, then, of 

course, we are presented with the 

idea that what we are seeing in 

Kashmir is part of an Islamic movement, 

a jihad; and this is something 

that none of us are in a position to be 

able to sympathise with. Therefore, 

once again a curtain is drawn over 

Kashmir. And thirdly, the issue of the 

treatment of religious minorities in 

Kashmir by the pro-independence 

whatever the ideology 

one swears by — pro- 

Independence, pro- 

Pakistan, even pro- 

India — people are 

collectively asking for 

the withdrawal of the 

Indian army. On that 

there will be 

consensus 

movement, by the separatists, which 

specifically refers to the fact that the 

Kashmiri Pandits had to leave 

Kashmir in the early 1990s in very 

large numbers. Conservative estimates 

of the number of Pandits who 

had to flee are approximately 

200,000, and there are perhaps less 

than 10,000 who continue to live in 

the Valley. This was seen as a sign of 

a movement which was exceedingly 

intolerant, was communal, and 

therefore, once again, undeserving of 

our sympathy and understanding. 

Collectively then, these three curtains 

are employed to obscure the 

issue at hand, this kind of rhetoric 

completely puts a blanket over the 

issue, in a way which encourages 

most Indians to look away from 

Kashmir. 

What do people want? What is 

the demand for azadi, freedom? This 

idea crops up in Kashmir with such 

frequency, that we must question 

what this word encompasses. This is 

not easy, so let us start by defining 

what everybody is likely to agree on. 

It would be fair to say that in principle, 

whatever the ideology one 

swears by -- pro-Independence, pro- 

Pakistan, even pro-India – people are 

collectively asking for the withdrawal 

of the Indian army. On that there 

will be consensus. Beyond that, in 

order to get a real answer to that 

question of what people want when 

they ask for azadi, there must be a 

democratic space in which to hear 

what people are saying. Kashmir is 

under far too much stress. Is it not 

unreasonable to have 600,000 soldiers 

sitting on a tiny population and 

then expect to hear genuine democratic 

voices talking about what people 

really want? The complexities of 

the mixed answers that we hear, 

which sound like confusion to the 

outside world, are in fact a byproduct 

of the extreme militarisation of 

the Valley. 

Along with militarisation comes 

the occupation of valuable land, 

water and even human labour. For 

instance, in every village in India 

there is always a scarcity of water, 

and of course it is accompanied by 

disputes. But traditionally a kind of 

when the soldiers are 

kept in one place for 

too long in the midst 

of a civilian 

population, they will 

begin to exploit that 

area in new ways. 

They will begin to call 

upon the civilian 

population to do 

unpaid labor 

mechanism is worked out. But 

Kashmiri villagers can’t argue with 

security forces, especially since they 

have all the weapons and the civilians 

don’t. The appropriation of 

resources and land begins with public 

facilities: school buildings being 

taken over to house troops, water 

towers made into watch towers, and 

indiscriminate use of water drawn 

out in huge quantities by the army 

for their own needs. 

More importantly, when the soldiers 

are kept in one place for too 

long in the midst of a civilian population, 

they will begin to exploit that 

area in new ways. They will begin to 

call upon the civilian population to 

do unpaid labour, because these are 

very remote areas and these are areas 

that have traditionally been neglected 

by the civilian governments too. 

These are people with no access to an 

arena in which they can voice their 

concerns. They don’t have access to 

the media; there are no human rights 

groups that are able to get to them. 

So if you travel into the interior of 

Kashmir, that’s what you begin to 

hear: A more brutal, in-your-face 

kind of oppression. It is not simply 

the continuous checking and crosschecking 

at a check post every half-akilometre. 

This is the kind of tribulation 

that urban Kashmiris feel. In the 

countryside, it is a much more 

medieval kind of oppression that 




people face. It accumulates into a 

feeling of grave resentment and hostility. 

It is not a question whether the 

army was better behaved or had 

more discipline. Armies are 

machineries of war. That’s what 

they’re trained for. Armies are meant 

to fight wars, and when you place 

them in the middle of civil positions, 

they behave like armies, which is 

what they are. At the end of it, you 

have deep resentment, you have 

gross violations of human rights, and 

you create a situation that far surpasses 

any predictions of the effect of 

militarisation on Kashmiris. 

The issue of the use of rape (and 

even more routinised sexual 

exploitation) in Kashmir is also a 

pressing human rights concern. It is 

also principally a traditional Muslim 

society, and that also makes it that 

much more difficult for people to 

speak about it. The civilian administration, 

especially in the countryside 

of Kashmir, is completely emasculated. 

They do not have any powers to 

restrain the security forces from 

doing anything. It is an archetypal 

conflict zone situation: There is one 

side with incredible powers right in 

the middle of a dispersed civilian 

population. There is a long history to 

this form of exploitation. There was 

the infamous incident of Kunan 

Poshpora, where an army unit had 

gone into a village and raped many 

women. In this case, the women actually 

came out and wanted to testify. 

However, the whole thing was just 

brushed aside. This remains a sore 

point. What are the women going to 

get if they are brave enough to come 

out and take on the shame and 

ignominy in a conservative society 

after admitting to having been 

raped? And then if no action is taken, 

the next time around they are not 

going to come out, because it is not 

going to bring them anything. It is 

the failure to provide justice that puts 

a kind of silence on women who suffer 

such huge abominations. 

There are also other forms of cultural 

humiliation that are occurring 

in Kashmir. There are two ways of 

looking at this cultural imperialism: 

32 

There are two ways of looking — one is that it is 

inadvertent and the other that it is intentional. The 

presumption is that Kashmir is an integral part of 

India. So it is kind of presumed that it is perfectly all 

right to have milestones that tell you distances in 

English and Hindi in a population where most 

people understand only Urdu 

one is that it is inadvertent and the 

other that it is intentional. Either way, 

it is reprehensible. But the presumption 

is that Kashmir is an integral 

part of India. So it is kind of presumed 

that it is perfectly alright to 

have milestones that tell you distances 

in English and Hindi in a population 

where most people understand 

only Urdu. So as far as the local 

people are concerned, the road itself, 

traffic on the roads. as well as the 

milestones are clearly meant only for 

the army soldiers, because they are 

the ones who read them in Hindi. 

There are, however, interesting 

ways in which civilians deal with the 

aftermath of oppression. For 

instance, how come when there is a 

funeral for a militant commander 

that 5,000 people turn out? It is not 

only that they are turning out to honour 

the memory of the militant commander; 

they are also turning out to 

express their rage at the hundred 

everyday humiliations that they suffer. 

Essentially, before we get stuck in 

looking at the conflict as some kind 

of human rights problem in Kashmir 

alone, what we have to acknowledge 

is that there is an equally massive 

failure of democracy in India that is 

going on. It is very important to 

locate it firmly in this context. It is 

not simply a question of whether or 

not we could discipline the army a 

bit or if we could improve our 

human rights record. As long as 

there is a set of legislations in place 

that are anti-democratic and only 

serve to silence people, these kinds of 

excesses will continue to go on. 

—This article is based on Sanjay 

Kak’s conversation on Kashmir with 

David Barsamian for Alternative Radio, 

Colorado, US 

www.alternativeradio.org 




Orphaned souls 

cry for help 

Kashmir conflict has 

turned out to be a 

virtual orphan factory. 

Eighty thousand 

children have been 

rendered orphan in 18 

years. Yet there is no 

mechanism in place in 

the entire state to look 

after children who 

become victim of 

grown ups’ battle, 

writes AR Hanjura 

For past 18 years, Kashmir is in a 

state of armed conflict and 

unrest. And this has inflicted a 

devastating impact upon the civilian 

population, particularly women and 

children as they get both directly and 

indirectly affected. Numerous crackdowns, 

search operations, bomb 

blasts, cordon offs, crossfire, armed 

showdowns and killings have not 

only worsened the human rights situation 

in Kashmir, but also shattered 

its economy. Around one lakh people 

have been killed in the conflict and as 

a result 80,000 children have been 

orphaned who lead a miserable life. 

The sheer conditions of their lives 

put them under depression and 

extreme mental trauma and agony. 

In a report, it has been revealed 

that 15,308 orphans are children of 

deceased militants and therefore 

they have as a matter of routine been 

ignored by the government. The 

Indian government as well as state 

government has a policy whereby 

the widows and children of militants 

are not eligible to get any relief or 

financial assistance. As a result, these 

orphans are not being rehabilitated 

either by the State through institutional 

care or at the community level. 

One fails to understand as to what is 

the fault of these children, some of 

whom were not even born when 

their fathers got involved in the 

armed movement? 

Children constitute 38 percent of 

the population of Jammu & Kashmir, 

out of which two to three percent are 

orphans who need special attention. 

Presently, only 1,600 orphans are 

staying in orphanages and Bal 

Ashrams as well as Nari Nikatans run 

by the state government. Only 17 

orphanages are being run by different 

voluntary organisations in the 

Kashmir Valley wherein some hundred 

orphan children are being 

looked after and educated. Although 

there is an ever growing need for 




institutional care of orphans in 

Kashmir, but as one lakh orphans 

cannot practicably be housed in 

orphanages alone, community level 

rehabilitation is a must. Moreso, 

when the state of J&K does not have 

a regulatory authority or legislation 

available for the monitoring and regulation 

of orphanages. Generally run 

by unprofessional and inadequately 

qualified persons, the orphanages 

are not maintaining the minimum 

standards for child protection and 

development, whether physical or 

mental. Because of the fact that 

orphans are special children with 

special needs and attention, the 

managers of these orphanages 

need training in child rights and 

child psychology in order to 

understand their needs and rehabilitate 

the child accordingly. 

There is also a need for the enactment 

of legislation for regulation of 

these childcare centres and orphanages. 

This will ensure transparency, 

accountability and child protection. 

India being a signatory to the UN 

convention on child rights, has an 

obligation to ensure the protection of 

child rights in the state of Jammu & 

Kashmir where there is practically no 

infrastructure available for the welfare 

and rehabilitation of orphans. It 

is the need of the hour that the state 

should have a child protection commission 

or council for destitute children 

to ensure the protection of child 

rights, the welfare of children and 

their rehabilitation. This commission 

or council may suggest recommendations 

for future strategies and policies 

to be adopted by the state. It may 

consist of social activists, NGO representatives, 

educationists, health 

experts and government officials. It 

should be headed by a person who 

has been associated with child relief 

and rehabilitation progammes in the 

state and has knowledge of the problems 

faced by children in the state. 

Some years back the state government 

had established a council for 

militancy affected persons. But this 

council did not have sufficient funds 

and only the interest accrued money 

of the corpus fund was allowed to be 

utilised on certain measures. This 

resulted in quite poor performance of 

34 

There is also a need for the enactment of legislation 

for regulation of these childcare centers and 

orphanages to ensure transparency, accountability 

and child protection. India being a signatory to the 

UN Convention On Child Rights, has an obligation to 

ensure the protection of child rights in the state of 

Jammu & Kashmir 

the scheme. Similarly, the state social 

welfare department lacks sufficient 

funds for child relief and rehabilitation. 

national foundation for communal 

harmony run by central government 

provides Rs 600 monthly financial 

assistance to the orphans studying 

in schools. This facility too is not 

available to orphans of militants. 

Moreover, the task of identification 

and processing the applications 

under the scheme has been given to 

the deputy commissioners of the 

respective districts who are already 

overburdened with work. As a result, 

there is a delay in payments and 

many deserving children do not get 

the aid. 

Unfortunately, there is a dearth of 

efficient NGOs in Kashmir who 

could have made significant contribution 

in the field of child rights. 

Although there are almost 5000 registered 

NGOs in the state but most of 

them are defunct. The planning commission 

has adopted a national policy 

of voluntary sector for strengthening 

the civil society and ensuring 

transparent and accountable voluntary 

organisations. The policy was 

approved by the central cabinet in 

May 2007. But this policy also 

remains unimplemented in J&K. 

Qualified people who are willing to 

establish voluntary organisations in 

the states face hardships in registering 

their organisations. Reason being 

that one has to obtain a non-involvement 

certificate (NIC) from the district 

magistrate to prove that one had 

no links with militancy or separatist 

movement. Although there is no 

such provision in the Societies 

Registration Act, a circular issued in 

this regard by the then governor in 

1990 still stands. Since the verification 

is not time bound, many applications 

are still pending. 

As far as the scenario of juvenile 

justice in Kashmir is concerned, it 

also continues to be grim. In the 

state, the Juvenile Justice Act was 

passed on the pattern of the central 

law in 1995. But the legislation still 

remains unimplemented in the state 

as the rules have not been framed 

and approved so far. With the result, 

children below the age of 16 years are 

tried in regular courts and are being 

kept in regular jails just like adult 

criminals. No juvenile boards or 

homes exist in the state. Also, many 

children have been disabled due to 

the conflict, but no school exists for 

disabled children in Kashmir. There 

is no rehabilitation centre for mentally 

retarded or drug addicts. 

India despite being a signatory to 

the UN convention on child rights, 

remains wanting in terms of awareness, 

and sensitisation and seriousness. 

This is more so on the part of its 

government and institutions vis-àvis 

these provisions. Legislations are 

useless until and unless they are 

properly implemented. My over two 

decades of experience as a child 

rights activist has driven home the 

point that the government is not 

ready to pay attention towards the 

problems of Kashmiri children. And, 

thus, it has failed to address the 

problem, leaving children to their 

fate. 

— The writer is advocate, J&K High 

Court and also chairman of the J&K 

Yateem (Orphans) Foundation 




Enforced disappearances 

The more people go 

out of sight in the wake 

of enforced 

disappearances in 

Jammu & Kashmir the 

more they agitate the 

minds of their family 

members. So much so 

that the families of 

those who disappeared 

have formed an 

association in the hope 

to bring back or at least 

know the truth behind 

the loss of their near 

and dear ones, writes 

Mir Hafizullah 

In past the Indian army faced 

armed insurgency on two occasions 

one in 1947 and another in 

1965. In the last case too, a sizable 

number of armed insurgents infiltrated 

in Kashmir and were given 

shelter by unsuspecting innocent villagers. 

The Indian army was given 

charge to flush out the militants from 

the areas they have made their hideouts. 

While facing the armed insurgents, 

some encounters occurred at 

different places but no civilian was 

harmed nor the people were tortured 

or made to disappear or killed in fake 

encounters. The simple reason for 

this is that the army or paramilitary 

forces were not given impunity as 

has been happening since 1990. 

The armed conflict which has its 

routes in the unresolved political dispute 

that flared up in 1989 in the 

form of mass uprising which forced 

the Government of India to bring 

huge concentration of troops in 

Jammu & Kashmir (the number is 

stated to be over half-a-million). The 

army and the paramilitary forces 

equipped with impunity under draconian 

laws like Armed Forces 

Special Powers Act (AFSPA), 

Disturbed Areas Act, POTA and 

Public Safety Act have been committing 

all kinds of human rights violations. 

AFSPA is responsible for most 

of the disappearances committed by 

the state security agencies. A large 

number of civilians, students, businessmen, 

professionals were made to 

disappear. All these enforced disappearances 

were made under the central 

rule and by the so-called elected 

governments of the state. The purpose 

to use this method of involuntary 

disappearances was to terrorise 

people from joining the insurgency 

or having any sympathy with the 

movement. 

Formation of Association of 

Parents of Disappeared Persons -- 

APDP for short – took place in the 

early 1990s. This brought the relatives 

of disappeared persons to the 

high court for filing the hebeas corpus 

petitions seeking the whereabouts of 

their near and dear ones since high 

court was the only institution func- 




tional which could give some kind of 

direction to the state functionaries. 

Yet most of the court orders were 

observed in breach and police stations 

were reluctant to register the 

missing reports especially where the 

army and the paramilitary forces 

were involved in the disappearances. 

Therefore, the first information 

reports or FIRs were registered only 

in some cases with the direction of 

the court. 

The number of enforced disappearances 

was swelling with every 

passing day and crossed three figures. 

Few lawyers, human rights 

activists and relatives of disappeared 

persons like Parveena Ahangar 

whose son too disappeared formed a 

group of relatives of disappeared 

persons to fight collectively under 

the banner of APDP. She is chairperson 

of the organisation. 

Number of disappearances 

The number of enforced disappearances 

remained always a major 

controversy with the government 

who were earlier denying the 

enforced disappearances but later on 

acknowledged the number of disappearances 

as few thousands. This has 

sometimes increased or decreased. 

The government wanted to create a 

confusion and wanted to take the 

advantage of the fact that the disappearances 

were not reported to the 

police stations or to other concerned 

agencies. The denial of registering 

the missing reports was done under a 

policy of the Government of India, 

though it was a primary duty of the 

state to register the case of disappearances, 

including those that were not 

even reported by any person as the 

state is responsible for the protection 

of citizens under the provisions of the 

Constitution. 

Activities 

Members of the APDP are protesting 

on streets on every 10th of the 

month and also made several 

protests at New Delhi with the purpose 

of garnering support from country’s 

civil society and seek attention 

of wider media at the national level. 

The demands of the APDP are: 

‘Thousands are missing’ 

 

 

 

 

On July 18, 2002 the then home minister of J&K, Khalid Najeeb 

Sahorwardi of National Conference, which was in power, admitted 

on the floor of the legislative assembly that 3,084 persons were 

missing in J&K since the start of the insurgency. 

Chief Minister Mufti Mohammad Sayeed on February 23 made the 

disclosure what the security agencies were doing in 2001 and 2002. 

He informed the assembly that 3,744 persons went missing 

between 2000 and 2002. One-thousand-five-hundred-fifty-three 

persons got disappeared in 2000; 1,586 went missing in 2001; and 

605 in 2002. 

Law minister Muzaffar Hussain Beig of the PDP government stated 

on March 25, 2003 that since December 1992, 3,744 were reported 

missing of whom 135 have been declared dead by June 2002 and 

the number of disappearances could be even more. 

Abdul Rehman Veeri, minister of state and parliamentary affairs, 

said in the assembly on June 21, 2003 that 393 people have disappeared. 

36 




 

Appointment of an independent/ 

credible commission to enquire 

into the case of the disappearances 

as has been done in other 

countries like Sri Lanka, 

Philippines, Algeria and 

Morocco. Even countries that are 

not democratic have initiated 

such a process in the wake of 

large-scale disappearances of 

their citizens in strife-ridden 

regions. 

Punishment for perpetrators 

responsible for enforced disappearances, 

which cannot be justified 

even during a war situation. 

Provide justice to the relatives of 

disappeared persons as per international 

standards. State is bound 

to intervene in such cases since 

disappearances are crime against 

whole humanity. 

On the social and the legal side, 

the APDP is confronted with a situation 

arising out of problems of the 

half-widows who are deprived of the 

property of their husbands in the 

wake of their disappearance. Nor 

they can remarry for a period of 

seven years as per Muslim law. The 

children of the half-widows are facing 

problem in school admission as 

death certificate of father required at 

the time of admission is not given. 

Thus, half-widows are struggling for 

survival as they are not entitled to get 

the property of their husbands in the 

wake of their disappearance. Nor are 

they entitled to sell the property of 

their husbands. A number of petitions 

seeking the right of succession 

The sanction for 

prosecution is barred 

under section-6 of the 

AFSPA with the result 

not a single 

perpetrator of a crime 

of enforced 

disappearances been 

brought to justice 

of property of their husbands are 

pending in the courts for want of 

death certificates. On the legal side, 

the justice delivery system has 

almost failed to deliver the justice in 

case of victims of enforced disappearances 

and their dependents. In 

some cases inquiries were conducted 

under the directions of the high court 

and accused were identified but challans 

could not be filed in courts as the 

Government of India has been reluctant 

to grant sanction for prosecuting 

the persons responsible for the crime. 

The sanction for prosecution is 

barred under section-6 of the AFSPA 

with the result not a single perpetrator 

of a crime of enforced disappearances 

been brought to justice. 

Members of the APDP have no hope 

of getting justice in near future but 

are determined to continue their 

struggle till the end. 

The enforced disappearances are 

one of the worst crimes on the globe. 

It is characterised by gross violation 

of the fundamental rights of the 

direct victim as also entails severe 

consequences for his or her family 

and even for the entire communities. 

Because of this reason the enforced 

disappearances are internationally 

defined as a crime against humanity. 

This definition is not coincidental 

since such cases not only violate the 

essence of the individual and affect 

his condition as a human being in 

different dimensions of his life but 

also this aspect of the disappearance 

lands up a person into a very complicated 

phenomenon. One should not 

approach this problem in an emotional 

way because the risk will exist 

for creating false expectations in the 

family of the victims for want of justice 

and, thus, ultimately end up in 

causing more frustration. No doubt 

enforced disappearances are rooted 

in social and political disputes. 

Despite the fact that each of them 

may have their own history, enforced 

disappearances speak a common language 

of pain and suffering which 

keep their families hope alive to continue 

their search for justice. As earlier 

stated, the disappearances are the 

product of unresolved political disputes 

or unjust structures of the societies 

which in the name of national 

The enforced 

disappearance of a 

family member 

whether by State 

actors or non-State 

actors immediately 

touches one’s heart 

and mind and raises a 

question like “where is 

his loved one?” After 

this the most painful 

and difficult journey 

starts for the search 

for a relative of a 

victim initially in the 

police stations, army 

camps, paramilitary 

camps... 

security are causing the involuntary 

disappearances. The enforced disappearance 

of a family member 

whether by State actors or non-State 

actors immediately touches one’s 

heart and mind and raises a question 

like “where is his loved one?” After 

this the most painful and difficult 

journey starts for the search for a relative 

of a victim initially in the police 

stations, army camps, paramilitary 

camps, interrogation centres, jails 

that leads him nowhere. This search 

goes for months and years but to no 

consequence. The APDP has one 

hope that no country has won the 

war against the people. The country 

may defeat any other country 

through war but not the people as 

history stands witness to this. 

– The writer is legal advisor to the 

Association of Parents of Disappeared 

persons (APDP) 




A tale of anguish 

and courage 

Sixteen-year-long struggle by a lone woman with eight 

children to locate her husband, who was last seen being 

driven away in a CRPF vehicle, has not left her without 

warmth for anybody who wants to know what befell on 

her, writes Tanveen Kawoosa 

The 100-km drive up from 

Srinagar to the hill town –Uri 

was ridden with anguish and 

delight, horror and ecstasy. As we 

sped on the rough terrains into the 

small hamlet called Chandanwari, 

whizzing by was the stunning natural 

splendour of dramatic hills, dry 

stream beds, and serpentine dusty 

rocky trails. It was a dreamland 

straight from the pages of fairytales. 

As we walked up a narrow 

mountainous path to a raised platform, 

a newly constructed stone 

house stood at the edge of the cliff. 

Quiet looking, Anwar Jan, 50, sat 

relaxed with her children on the 

steps of varandah. There was crease 

in her brow but the sparkle in the 

eyes could not be overlooked. 

She took notice of our arrival, 

responded us warmly and invited 

inside her home. Indeed mountain 

people greet you with unpretentious 

grace. We talked about rehabilitation 

efforts which made a great starting 

point for conversation. 

Anwar Jan who lives with her 

eight children in this small hamlet 

shares the same saga of many halfwidows 

whose only breadwinners 

were subjected to enforced disappearance. 

In 1990, the CRPF men in a 

joint operation with police laid siege 

to this small hamlet and picked up 

Anwar Jan’s husband, a retired soldier. 

Anwar Jan says he was forced 

on to a CRPF vehicle. To this date his 

fate and whereabouts remain 

unknown. "I was shocked and left 

haunted with a single overwhelming 

fear; what will happen to our children,’’ 

Anwar vividly narrates the 

incident of that fateful day. 

She struggled immensely to find 

her missing husband but all in vein. 

Nothing has been heard of him for 

nearly 16 years and his disappearance 

remains mystery. Unaware of 

legal intricacies she did not take legal 

recourse. Worse, her relatives left her 

on her own out of fear for their own 

lives. ‘’My close relatives maintained 

distance from me. They did not 

extend any helping hand to seek my 

husband’s release,’’ Anwar says in a 

sickening tone. 

Anwar Jan had to play 

role beyond that of a 

homemaker. On the 

one hand she has 

been battling to bring 

up her eight children 

and on the other hand 

she had to search for 

her missing husband 

Her struggle in life tells a story of 

what empowerment could mean to 

women. Anwar Jan had to play role 

beyond that of a homemaker. On the 

one hand she has been battling to 

bring up her eight children and on 

the other hand she had to search for 

her missing husband. She did all this 

courageously without education, 

resources and ex-gratia relief. 

The family owns only half kanal 

stretch. Anwar toils hard to raise 

maize. She holds out her wrinkled 

hands and smiles. ‘’I do everything 

myself. It is wonderful to see the 

maize grow." The smoke billowed 

out lazily out of the burning hearth. 

Her elder daughter Haseena was 

busy with domestic chores. There 

was rich aroma of baked maize 

dough, sizzling in a frying pan, salt 

tea bubbling. The tap-tap of colander 

spoons stirring vegetables in cauldron 

was pleasing to hear. Hunger 

tends to gnaw at once, while trekking 

in the mountains. 

Although Anwar did not have 

education she was determined to 

enroll all her children in a school. 

Her children who study in the nearby 

school find sometimes going 

tough when they are pestered for not 

paying their fees. ‘’Several times my 

teacher scolded me for not bringing 

school fees," says her elder daughter 

Haseena who studies in ninth standard. 

Anwar does not hesitate in doing 

menial jobs for her children. She 

worked for people who made her 

sleep on the bare floor and gave her 

stale food in separate utensils. ‘’I 

never had a choice; there was no one 

to take a stand for me. But I love my 

children very much. I will never let 

anything happen to them. Each time 

my children do well in school it is a 

reward for me,’’ Anwar says in her 

Pahari dialect. This was the only 

beginning of a tale of unimaginable 

suffering and courage. We clicked 

the pictures of happy scene, savour 

the tea and head out. There’s the 

story of another courageous women 

waiting to be explored. 

—The writer is a Srinagar-based 

journalist 

38 




Impossibility of justice 

Legal remedies available to protect right to life are crippled by judicial indifference among 

other things, writes advocate Ashok Agrwaal, arguing that this is more rampant in 

Kashmir though other parts of the country too have their share in this. Here is a summary 

from his monograph on the inadequacies of legal redress system meant to protect human 

life. The monograph is soon to be published by the journal of South Asian Forum for 

Human Rights 

This article summarises a monograph 

by the author, to be published 

shortly by the South 

Asia Forum for Human Rights 

(SAFHR). Deaths in custody/disappearance 

from custody are endemic 

in India and, have been so throughout 

its independent history. The reasons 

for this state of affairs are complex 

and, it would not be correct to 

assign the entire responsibility for it 

to any one factor, or pillar of the 

nation-state. However, there can be 

no gainsaying that the defects in the 

approach of the judiciary have 

played a pivotal role in the failure of 

the guarantee of the right to life. 

The report examines some of 

these shortcomings, using the aperture 

provided by one of the world’s 

best known legal remedies, the writ 

of habeas corpus, the sole remedy 

available in law in case of a violation 

of the right to life and liberty, guaranteed 

by Article-21 of the 

Constitution. 

In technical terms, therefore, this 

document may be called a report on 

the functioning of the constitutional 

and legal redress mechanism for the 

protection of the right to life, during 

the period of insurgency in Kashmir: 

1990 to 2004. Though the study was 

based upon the court process, we did 

not rely solely upon the court 

records. The testimony of the survivor 

families is crucial to a proper 

delineation of an impunity landscape. 

The theme of the report, as distinct 

from its technical nomenclature, 

is to portray the impossibility of justice 

for the victims of impunity: particularly 

in Kashmir but the principle 

being applicable to such victims 

everywhere. Though the impossibility 

is portrayed through the failure of 

the constitutional mechanism for the 

protection of the guaranteed right to 

life, it is actually far more encompassing. 

The main thrust of the study is 

based on an examination of 96 cases 

of alleged enforced disappearance of 

Kashmiris. Eighty seven of these 

cases resulted in the filing of a petition 

for a writ of habeas corpus before 

the Srinagar Bench of the Jammu & 

Kashmir High Court. No such petition 

was filed in the remaining nine 

cases. The only criterion for the nclusion 

of each of the 87 cases was that 

they had habeas corpus petitions filed 

before the Srinagar Bench of the 

Jammu & Kashmir High Court. The 

numbers limit was imposed by time 

and resource constraints, and nothing 

else. The nine cases which did 

not result in a petition include the 




case of one of two young men who 

were arrested at the same time but 

the family of one of them decided not 

to file a petition for fear that it might 

antagonise the army and lessen the 

chances of their son coming home 

alive. These nine cases also include 

three cases of disappearances of 

Kashmiris from Nepal. These three 

Kashmiri businessmen were arrested 

by the Nepal police at the behest of 

the Indian authorities. The Nepal 

police informally acknowledged 

their arrest and said that the men 

were handed over to a team of police 

officers from India. Officially however, 

they denied the arrests. The 

Indian authorities took the stand that 

since the men were admittedly 

arrested by the Nepali police, they 

should be asked to account for them. 

Petitions before the high court at 

Delhi and the national human rights 

commission at Delhi were to no avail. 

Till date, the families have not 

received any information of their 

whereabouts. These three cases illustrate 

that the impossibility of justice 

crosses the geographic boundaries of 

the state of Jammu & Kashmir. There 

seems to be no reason for the denial 

of redress to these families other than 

It goes without saying 

that a helpless court is 

unlikely to be able to 

pass clear and 

decisive final orders, 

even in cases where 

the allegation stood 

proved. In over 57 

percent of the cases in 

which there was a 

clear finding against 

an identified security 

force/unit 

the fact that the persons arrested 

were Kashmiris. 

The single most striking feature 

of the habeas corpus proceedings is the 

powerlessness of the high court. 

Everything else can be derived from 

this fact. From the point of time 

when the court issued notice of the 

petition upon the respondents, it lost 

all control over the proceedings. The 

pace, the manner in which the case 

would proceed, and the outcome of 

the case was controlled entirely by 

the respondents— the central and the 

state governments. Nor did the court 

display a significantly better control 

over its own establishment. The staff 

of the high court has no fear of consequences 

for culpably slack and careless 

work. The subordinate judiciary, 

the district judges (DJ) and the chief 

judicial magistrates (CJM), who were 

appointed enquiry officers in most 

cases, were only marginally more 

responsive to the imperatives of justice. 

It goes without saying that a helpless 

court is unlikely to be able to 

pass clear and decisive final orders, 

even in cases where the allegation 

stood proved. In over 57 percent of 

the cases in which there was a clear 

finding against an identified security 

force/unit, the court found itself 

unable to do anything other than 

order registration of an FIR, which 

ought to have been registered in the 

first place, without the court’s intervention. 

To fully appreciate the 

absurdity of such an order we must 

also factor in the number of years 

that it took the court to pass such an 

order. 

What words does one use to 

describe a justice system in which the 

best order that the family of a disappeared 

person can expect – several 

years after the event – is a direction 

to the police to register an FIR? 

There can be no more damning 

indictment of the system than this. 

But the reality is even worse. We 

have records, and recorded 

testimony, to show that the registration 

of the FIR was seen by all concerned, 

the families, the police and, 

the judges as a mere formality, the 

completion of which would enable 

What words does one 

use to describe a 

justice system in which 

the best order that the 

family of a 

disappeared person 

can expect – several 

years after the event – 

is a direction to the 

police to register an 

FIR 

the system to wash its hands of the 

matter. The only real expression of 

contrition, howsoever inadequate, 

that the system shows for its mistakes, 

is in its willingness to consider the 

grant of ex-gratia compensation to 

the families of the disappeared. 

The court was not completely 

oblivious of the fact that it was playing 

out a farce. For example, it is 

repeatedly seen that the court did not 

pay attention to its earlier orders, acting 

– almost – as if on each date of 

hearing the entire matter was being 

dealt with afresh, ignoring all that 

was said and done in the past; as if 

the years of proceedings before that 

date never happened. It seems to me 

such forgetfulness is essential for 

retaining a modicum of sanity in the 

schizophrenic environs of the J&K 

justice system. Unscrupulous 

respondents and their lawyers took 

advantage of this amnesiac functioning, 

getting away with everything— 

from years of delay in filing replies to 

inveigling the court to disposing of 

petitions (that had been pending for 

several years) in the absence of representation 

on behalf of the petitioners. 

The court’s lack of control over its 

establishment, or the courts and officers 

subordinate to it resulted in the 

staff of the court frequently not carrying 

out the directions issued to it 

by the judges, with no fear of consequences. 

For example, notices/sum- 

40 




mons were frequently not issued, 

despite directions. The result was 

years of delay in serving notices 

upon agencies who had a 'standing 

counsel' in the high court. The performance 

of the subordinate judiciary, 

the DJs and the CJMs, who were 

appointed enquiry officers in most 

cases, was mixed. Despite working 

under harshly adverse conditions 

they often conducted exemplary 

enquiries. However in several cases, 

the conclusions drawn in the enquiry 

reports were patently absurd, or 

careless. In none of the cases did the 

high court catch the absurdity, or correct 

the carelessness. 

The conduct of the other players 

in the farce is also reflective of their 

In over 70 percent of the petitions in which the 

accused unit filed a response (41 cases out of 58), 

it was a bald denial of arrest. Of the remaining 

responses, in 10 cases they admitted the arrest 

but claimed that the person concerned had been, 

subsequently, released. In three cases (pertaining 

to four persons) they claimed that the arrested 

persons had escaped from their custody 

awareness of the true nature of the 

proceedings. In Manzoor Zargar’s 

case, the BSF took over five years to 

file their response to the petition. In 

as many as 17 cases the respondents 

took more than two years to file their 

replies. In 30 cases, they took 

between one year and two years to 

file their replies. Coupled with the 

fact that the accused unit of the 

armed forces did not file any reply at 

all in as many as 38 cases, the inference 

is clear. 

The nature of their responses is 

equally revealing. In over 70 percent 

of the petitions in which the accused 

unit filed a response (41 cases out of 

58), it was a bald denial of arrest. Of 

the remaining responses, in 10 cases 

they admitted the arrest but claimed 

that the person concerned had been, 

subsequently, released. In three cases 

(pertaining to four persons) they 

claimed that the arrested persons 

had escaped from their custody. In 

four cases it was stated that the 

arrested persons were held in legally 

recorded and, acknowledged, custody 

after their arrest. 

The conduct of the security forces 

even more scornful once the case had 

been sent to the enquiry judge. In a 

very large number of the 62 cases in 

which inquiries were ordered by the 

high court, the accused unit did not 

participate in the enquiry proceedings. 

In several cases the enquiry 

judge recorded adverse remarks 

about the conduct of the accused 

unit, specifically attributing the 

delay in completing the enquiry to 

their tactics. In none of the enquiries 

did the security forces produce the 

records pertaining to the deployment 

of their troops, or those pertaining to 

the crackdowns that are a daily routine 

of life in Kashmir, or the records 

pertaining to the arrest/detention of 

people. Nor did they ever bring 

before the court any of the 

soldiers/officers responsible for the 

impugned actions. In Basharat 

Shah’s case, the CRPF made the commandant 

and the deputy commandant 

of the 53 Bn to retire rather than 

produce them before the enquiry 

officer appointed by the high court. 




That they did not file a reply 

before the high court or, that they did 

not participate in the inquiry proceedings 

did not mean that the security 

forces were not following the 

proceedings. In several cases the 

accused unit of the armed forces did 

not file a reply before the high court 

or cooperate in the judicial enquiry 

ordered but chose to file objections to 

the enquiry report; which had held 

against them. Thus, the picture is one 

of watchful disregard for the court 

and its processes. Wherever the security 

forces felt that they needed to 

intervene, they did so. 

This position becomes even clearer 

when the context is widened to 

include the response of the central 

government in cases where the state 

government requested it for grant of 

sanction to prosecute officers/ members 

of the central security forces 

(including the army), who had been 

charged with penal offences. 

In four petitions, the police are on 

record as having completed their 

investigation and finalised a 

chargesheet against the officers/soldiers 

responsible for the arrest/disappearance. 

In two of these cases we 

have no information except for the 

The poor father of 

Mohammad Yusuf 

Wahloo told the judge 

that since his son was 

dead, he did not want 

to participate in the 

proceedings. However, 

when apprised of the 

facts, the high court 

chose to dispose of 

the case for want of 

instructions from the 

petitioner 

fact that the police had stated before 

the court that their investigation was 

complete and the chargesheet ready 

for being filed before the competent 

court. In two other cases, the high 

court involved itself in monitoring 

and, to some extent, supervising the 

state government in the process of 

obtaining sanction from the central 

government. In both these cases the 

central government rejected the 

request for grant of sanction to prosecute 

the officers concerned. 

These two cases are not the only 

ones in which the central government 

has refused the request for 

sanction. It is our information that 

the central government has granted 

sanction to prosecute in only two of 

the hundreds of cases in which such 

sanction was sought. In other words, 

it is reasonable to infer that the central 

government was/is not inclined 

to permit the courts in the state of 

Jammu & Kashmir to exercise jurisdiction 

and control over forces under 

its command. The conduct of the central 

security forces in the habeas corpus 

petitions examined in this report, 

mirrors this attitude and, once this is 

factored in, the conduct of these 

forces becomes explicable. 

The palpable indifference of the 

process also led to consequences that 

would have been comical, but for the 

tragic setting. In as many as 17 of the 

85 petitions, the proceedings continued 

for several years after the 

arrestee had been released by the 

security forces. In one case, the 

arrestee was booked under the Public 

Security Act, served out his period of 

detention, was released, and killed 

by the army in a fake encounter 

before the high court and its staff 

reached his home. The abjectly poor 

father of Mohammad Yusuf Wahloo 

(91/8) told the enquiry judge that 

since his son was dead, he did not 

want to participate in the proceedings. 

However, when apprised of the 

facts, the high court chose to dispose 

of the case for want of instructions from 

the petitioner. The appalling insensitivity 

of the court to the plight of the 

people whom it is supposed to serve, 

in justice, seems to be encapsuled in 

this remark. 

One can speculate that the abject 

surrender of its prerogatives by the 

court was, at least, in part a result of 

the realisation of its complete helplessness. 

It also seems to us that it 

took time for the full extent of its 

irrelevance to hit the court. With the 

passage of years the proceedings 

became increasingly formal, with the 

court displaying less and less enthusiasm 

for playing out or, prolonging 

the farce. On the other hand, the 

security forces displayed an increasing 

mastery of the processes of justice. 

The result is clearly visible from 

the cases discussed. From 1999 

onwards, the court ordered an 

enquiry in a very few cases, being 

content to simply ask the police to 

register an FIR/ complete investigation 

in the FIR already lodged. 

Every fact we have examined and 

analysed inexorably reinforces the 

conclusion about the irrelevance of 

the habeas corpus proceedings. The 

court went through the motions, 

without any faith in the effectiveness, 

or sanctity of its processes. The result 

was not just that the court’s intervention 

did not save any lives; these processes 

had no impact whatsoever on 

the prevailing situation. It was as if 

the courts did not exist. 

It is not easy to analyse a complete 

farce, particularly when the 

players of the farce act out with a, 

seeming, air of unawareness of it. We 

found absurdity, capriciousness, culpable 

negligence, callous disregard 

and more. We found a court completely 

oblivious to its place and 

importance in the constitutional 

scheme of things. A court unwilling 

to acknowledge its linkages to the 

society in which it was situated. Yet, 

the court functions— judges come 

and go in their siren equipped cars, 

shielded both by curtains on the car 

windows and, by the phalanx of 

security personnel who guard them. 

Perhaps guarded by the same personnel 

(or, at least, their brothers in 

arms) who disappear the people on 

whose behalf the judges hear habeas 

corpus petitions. 

— The writer is a Delhi-based 

senior advocate 

42 



HEALING TOUCH 

Try out 

participatory justice 

Newer approach to bring back faith in law is not possible in an embattled zone like 

Kashmir without taking people into confidence and evolving a redress mechanism 

through their participation, writes Haley Duschinski 

Since late 2003, India and 

Pakistan have been pursuing a 

composite dialogue at the high 

governmental level to resolve a number 

of contentious issues between the 

two countries, including the long 

standing dispute over Kashmir. 

Against the backdrop of this protracted 

normalisation process, a variety 

of Kashmiri civil society organisations 

– of the victims and relatives, 

organisations, oral history advocacy 

groups, and community-initiated 

documentation projects – have 

emerged seeking truth and justice for 

human rights abuses including extrajudicial 

killings, forced disappearances, 

torture, rape, and illegal 

detention carried out by Indian State 

security forces over the last 18 years. 

Through their initiatives, these 

organisations are documenting State 

abuses, collecting victim statements 

and testimonials, memorialising 

those who have died or disappeared, 

and opening up public space to 

address concerns about peace and 

justice in the Valley. Most recently, 

the public commission on human 

rights has instituted an international 

people’s tribunal to investigate 

human rights violations from 

November 2003 to 2009 through 

examination of evidence, statements, 

and testimonials, with the broader 

aims of shedding light on patterns of 

institutionalised violence and collective 

trauma and formulating recommendations 

for justice, reparation, 

and healing. 

Such popular mobilisations for 

truth and justice are operating in the 

domain of civil society to establish 

non-State sanctioned mechanisms – 

“Unofficial Truth Projects” – to 

achieve justice for the wrongs of the 

past (Bickford 2007). This article 

seeks to bring together these disparate 

initiatives as complementary 

components of a participatory justice 

movement in Kashmir, one that is 

fundamentally founded on the 

notion of Kashmiri participation and 

engagement in the process of social 

reconstruction. 

Transitional justice 

Transitional justice refers to the 

processes of building or rebuilding 

institutions in a post-conflict society 

to effectively promote the rule of law 

while also providing some sort of 

accountability and redress for 

human rights abuses in the past. 

Transitional justice mechanisms may 

include trials, truth commissions, 

and various victims’ reparations programmes, 

as well as other symbolic 

practices of rebuilding communities 

such as public apologies, commemorations, 

and memorials. 

These mechanisms may be motivated 

by multiple needs and desires, 

including: establishing the truth of 

past atrocities to set straight the historical 

record; ensuring accountability 

through the punishment of offenders 

to deter abuses in the future; 

building institutions to establish the 

rule of law in which human rights 

and democratic principles are valued; 

and addressing the needs of victims 

to honour their experiences and 

help them heal. Many post-conflict 

societies have found it difficult to 

address all of these needs at the same 

time, and transitional justice realities 

are often the result of compromise 

and negotiation. 

Transitional justice packages are 

typically defined as State-sponsored 

initiatives that take place in the midst 

of or directly following periods of 

political transition, whether this transition 

is a sudden peace settlement or 

a more gradual process of democratisation 

and normalisation. 

Historically, States attempting to 

sponsor their own transitional justice 

practices during the continuation of 

abuses by government forces have 

encountered prohibitive challenges. 

For example, the truth commission 

established in the Philippines in 1986 

stalled after one year when all but 

one of the commissioners resigned in 

protest of continuing abuses by 

Corazon Aquino’s government 

(Hayner 1996). 

Ongoing conditions of militarisation 

and repression in Kashmir 

Valley seem to preclude the possibil- 



HEALING TOUCH 

ity of a meaningful State-sponsored 

justice package at this particular 

juncture. These conditions are authorised 

by the Armed Forces Special 

Powers Act (AFSPA), a particularly 

draconian law that has been sharply 

criticised by Kashmiri and Indian 

human rights organisations, as well 

as Amnesty International and 

Human Rights Watch, for granting 

excessive powers to State security 

forces and establishing a regime of 

impunity in relation to grave human 

rights abuses perpetrated by the 

State. Repeal of the AFSPA is a necessary 

but not sufficient step for establishing 

equitable and sustainable 

peace in Kashmir Valley. 

Conventional models 

Post-conflict societies have 

employed different models of transitional 

justice to promote the establishment 

of an equitable and sustainable 

peace. There is clearly no onesize-fits-all 

model that can be productively 

applied to all social settings. 

Indeed, different constellations 

of circumstances call for different justice 

projects and different arrays of 

retributive and restorative approaches 

(Minow 1998). It is important to 

consider the benefits and limitations 

of these different models in order to 

determine a justice approach that 

makes sense in a particular post-conflict 

site. 

Trials – criminal justice proceedings 

carried out in a court of law to 

establish culpability and determine 

individual criminal liability and 

issue sanctions – were first used as a 

strategy for post-war reconstruction 

in Nuremburg and Tokyo after 

WWII. The United Nations’ ad hoc 

tribunals in the former Yugoslavia 

(1993) and Rwanda (1994) gave rise 

to the establishment of the international 

criminal court in 2003, while 

special tribunals have been convened 

in Sierra Leone, Cambodia, East 

Timor, and Lebanon. 

Framed as mechanisms for restoring 

rule of law, trials are based on the 

principle of retributive justice, meaning 

that punishment is perceived as a 

morally appropriate response to 

criminal acts. Trials and tribunals 

have the advantage of “setting 

The truth commissions 

are temporary 

commissions of 

enquiry sanctioned by 

the government to 

examine a record of 

abuses over a 

specified time. They 

can be national, as in 

Argentina in 1983 and 

South Africa in 1995, 

or international, as in 

El Salvador in 1992 

straight” the historical record and 

producing a measure of individual 

accountability for mass atrocities, but 

they are often limited in that they 

focus primarily on individual perpetrators 

rather than patterns of 

oppression and inequality. In this 

sense, they may be effective mechanisms 

for determining culpability in 

some cases, but they never reveal the 

whole story about the “truth” of 

what actually happened during 

extended periods of conflict. 

The process of carrying out war 

crimes trials or criminal tribunals in a 

transparent and above-board manner 

can be a tricky proposition for 

societies emerging from long protracted 

struggles with weak institutions. 

For example, in the case of El 

Salvador, trials were not an option 

after 12 years of bloody civil war 

because of widespread and institutionalised 

corruption in the judicial 

system (Hayner 2001). 

Since the 1980s, truth commissions 

have become an option for 

many post-conflict societies when trials 

are not a viable alternative. The 

truth commissions are temporary 

commissions of enquiry sanctioned 

by the government to examine a 

record of abuses over a specified 

time. They can be national, as in 

Argentina in 1983 and South Africa 

in 1995, or international, as in El 

Salvador in 1992 and Guatemala in 

1997. 

Modeled on a framework of 

restorative justice that privileges 

social healing over punishment, 

truth commissions can be a powerful 

tool for promoting reconciliation 

within and between divided communities; 

specifying recommendations 

for political, military, or judicial 

reforms; providing an institutionalised 

space for airing grief and pain; 

and providing official acknowledgement 

of a long-silenced violent past. 

In some cases, however, truth commissions 

or other comparable modes 

of enquiry may not be appropriate, 

especially if there has been no radical 

change in institutions of power, 

authority, and governance. 

The truth commissions have been 

limited, co-opted, or undermined by 

government leaders interested in 

preserving their public image, pleasing 

international donors, or maintaining 

their hold on power, as in the 

case of the commission of “whitewash” 

enquiry established by Idi 

Amin to investigate hundreds of disappearances 

occurring under his 

own rule in Uganda in 1974. The 

South African Truth and reconciliation 

commission is considered by 

many a model of transitional justice, 

although its “truth for amnesty” 

arrangement, in which perpetrators 

received amnesty for some categories 

of crimes if they made full disclosure, 

has had a controversial legacy. 

Participatory approach 

These standard models of transitional 

justice have conventionally 

been implemented in a top-down 

manner, by national and/or international 

bodies that do not necessarily 

acknowledge or appreciate local conceptions 

of rights, local meanings of 

justice, and local visions of the 

future. To cite a recent example, 

negotiations over the Cambodian tribunal 

between 1997 and 2004 were 

carried out with remarkably little 

44 



HEALING TOUCH 

Participatory 

strategies emerge out 

of a broadly 

representative 

dialogue within and 

among different 

segments of society 

about political and 

moral priorities 

including truth telling, 

public 

acknowledgment, 

financial 

compensation... 

effort to incorporate input from ordinary 

Cambodian people, apart from 

a limited measure of less-than-transparent 

consultation with select civil 

society organisation (McGrew 2006). 

This top-down approach is problematic 

because it can, and often does, 

lead to marginalisation of the very 

communities that are supposed to be 

reconciled and neglect of the very 

institutions that are supposed to be 

reconstructed (Lundy and McGovern 

2008). 

For this reason, transitional justice 

scholars and practitioners are 

beginning to call for second order 

approaches, ones that take local perspectives, 

opinions, and mobilisations 

into account at every stage of 

conception and implementation. 

Such grassroots efforts are especially 

critical in sites such as Kashmir 

Valley, where popular protests 

against political exclusion, economic 

exploitation, and “lack of voice” have 

been, and continue to be, issues of 

considerable concern for various 

communities of stakeholders. 

What might a “bottom up” 

approach – one founded on principles 

of local participation, ownership, 

and agency – look like in 

Kashmir Valley? This form of participatory 

justice is, in fact, already 

underway, through a patchwork 

array of mechanisms that all contribute 

to the project of transition in 

the absence of official processes of 

judicial redress and/or meaningful 

and transparent truth telling at the 

state level. 

Many different Kashmiri communities 

with many different notions of 

truth and justice hold stakes in the 

project of peace. Participatory strategies 

emerge out of a broadly representative 

dialogue within and among 

different segments of society about 

political and moral priorities including 

truth telling, public acknowledgment, 

financial compensation, social 

healing, trust building, retribution, 

and strengthening public institutions. 

An expansive dialogue process, 

initiated at the local level, is 

bringing these notions out into the 

open. 

The international people’s tribunal 

is currently the most high profile 

of these truth and justice projects. 

It is being supplemented by other 

types of efforts such as: locally initiated 

forums, within and between 

communities, for reconciliation and 

healing; ceremonial and ritual activities 

based on cultural traditions; 

memorials and inscriptions as forms 

of public commemoration; documentation 

and oral history work in written, 

audio, and photographic forms; 

interpretive work through films, 

poetry, songs, and graphic art; and 

community integration activities to 

promote dialogue and discussion. 

These efforts, even those operating 

on a small scale, may usefully be 

conceptualised and framed as complementary 

components of a larger 

Kashmiri-initiated project in pursuit 

of truth and justice. And they all play 

a critical role in resisting and reworking 

a State-imposed culture of denial 

and omission that obscures injustices 

and inequalities in the name of a 

superficial and shallow peace. 

Ultimately, it is impossible to 

imagine that any form of sustainable 

and equitable peace could be 

obtained in Kashmir without 

The international 

people’s tribunal is 

currently the most high 

profile of these truth 

and justice projects. It 

is being supplemented 

by other types of 

efforts such as: locally 

initiated forums, 

within and between 

communities, for 

reconciliation and 

healing... 

Kashmiri participation in, and ownership 

of, the process of transition. 

And it is impossible to imagine that 

any form of sustainable and equitable 

peace could be obtained in 

Kashmir without taking the many 

different notions of truth, justice, and 

accountability into account. 

References 

Bickford, Louis. 2007. “Unofficial Truth 

Projects.” Human Rights Quarterly 29: 

994-1035. 

Hayner, Priscilla. 1996. “Commissioning 

the Truth: Further Research Questions.” 

Third World Quarterly 17(1): 19-29. 

Hayner, Priscilla. 2001. Unspeakable 

Truths: Confronting State Terror and 

Atrocity. New York: Routledge. 

Lundy, Patricia and Mark McGovern. 

2008. “Whose Justice? Rethinking 

Transitional Justice from the Bottom 

Up.” Journal of Law and Society 35(2): 

265-292. 

McGrew, Laura. 2006. “Transitional 

Justice Approaches in Cambodia.” 

Justice Initiative (spring): 139-150. 

Minow, Martha. 1998. Between Vengeance 

and Forgiveness: Facing Hiustory after 

Genocide and Mass Violence. Boston: 

Beacon Press. 

— The author is assistant professor 

of anthropology, department of sociology 

and anthropology, Ohio University USA 




Maimed, mauled 

by military-militia 

Away from the 

accepted narrative of 

Kashmir as an 'issue' 

or a 'problem', 

Kashimiris find it 

difficult to talk about 

their plight as fear of 

violence lurks 

through the air, 

writes Amrit Dhatt 

Kashmir Question… Kashmir 

Problem… Kashmir Issue. 

Political analysts and journalists 

have used such phrases with so 

much ease and regularity over the 

years that they have begun to 

become clichés. Yet, the Kashmir conflict 

is amongst the most discussed, 

debated and deliberated issues in the 

world. This was first brought to the 

attention of the United Nations 

Security Council in 1948, and it is the 

longest unresolved dispute on the 

agenda. The conflict is beyond the 

scope of politics and borders; it has 

become a deeply ideological issue 

and has kept alive the battleground 

that was created with the two-nation 

theory. Besides the conflict in Israel 

and Palestine, Kashmir has been the 

site of the longest territorial dispute 

in the post-1945 world. There are a 

multitude of voices and opinions on 

Kashmir littered all over political 

space. Yet, one aspect of the conflict 

remains neglected and, thus, 

deserves attention: what are the 

long-term implications of the conflict 

on the people of Kashmir? 

While there is an abundance of 

literature on the dispute, possible 

resolutions, and “human interest” 

stories that illustrate the painful lives 

of those affected by the violence, little 

is understood globally about the 

people of the valley. Attempting to 

project the voices of the people of the 

valley is not an easy task because 

they are not a homogenous group 

and the issues they raise are multifaceted 

and complex. 

First encounter 

Author of these lines visited 

Srinagar recently and was fortunate 

enough to have caught a brief but 

telling glimpse of the human side of 

the conflict, minus the heartrending 

stories that simplify the issue and 

replace context with emotions. 

Immediately after setting foot out of 

the aircraft, I was presented with 

stark differences that so often characterise 

life in Srinagar: a large, colourful 

boarding, depicting lakes and 

mountains and reading “Paradise on 

Earth” and standing directly beneath 

it was an airport security guard 

cradling a firearm. Outside the airport, 

similar signs are strewn 

throughout the road. It is dotted with 

barbed wire, barricaded checkpoints, 

sandbag-lined bastions of security 

men. This phenomenon is not 

reserved for the airport area alone; 

army barracks, gun totting security 

forces, and checkpoints stretch over 

the entire city. 

This easily visible militarisation 

of Srinagar is coupled with fear and 

apprehension, associated with the 

human rights abuses committed by 

the military as well as militia. Their 

conspicuous presence has become a 

permanent feature in people’s day- 

46 




to-day lives, and its mortal fear is 

what people have to endure all the 

time. What kind of psychological 

effect does growing up in the shadow 

of the gun have on a generation 

of children? Studies conducted by 

psychologists reveal that an alarmingly 

large percentage of the population 

suffers from deep anxiety and 

uncertainty where they are never 

sure of their safety and security. This 

raises a host of questions, including 

the socialisation of violence. This has 

even permeated to the children of the 

Valley. Its admiration in some cases 

has been becoming accepted. For 

example, a young boy during a family 

picnic in a lush green park smiles 

widely, posing for a picture in a faux 

turban and proudly holding a plastic 

AK47. His father looks on and is 

pleased by the sight. 

Personal narratives 

It is difficult to encounter somebody 

in Srinagar who does not have 

their own personal narrative about 

how the conflict has affected their 

lives. The realities of living in an 

embattled zone have become standardised. 

Even those who are relatively 

young and live in far more 

peaceful times than the previous 

generation have a story to tell. A 

young Kashmiri Pundit girl talks 

about how her family was forced to 

leave Srinagar way back in 1989, and 

despite being born there, she does 

not feel that she belongs to Srinagar 

anymore: “My parents were visiting 

Jammu when my grandfather told 

my parents not to come back. They 

had no choice but to abandon their 

home.” 

A young man talks about his family’s 

loss ever since his cousin disappeared: 

“Nobody has helped us, 

even though many organisations 

have come knocking our door to hear 

our woes.” A jeweller, whose clients 

consist of tourists as well as locals, is 

so grateful while he shares his experiences 

from his newly renovated 

shop on Residency Road: “I had to 

keep the shop closed for 14 years 

because of militancy. I tried moving 

to various parts of India to practice 

my craft and sell my designs, but 

nothing is like being able to work 

from homestead.” 

At a ‘Students for 

Human Rights’ 

meeting called by the 

Human Rights Law 

Network, former 

chairman of Bar 

Council of India 

Dhairyasheel Patil 

encouraged an 

audience of students 

by saying, “Don’t worry 

if the world is 

crumbling, because we 

have to build a new 

world” 

A peaceful day in the Valley is a 

great consolation as violence has not 

just been a possibility but precondition 

for past two decades or so. An 

old resident of Srinagar illustrated 

this with his attempt to alleviate 

some of the apprehension of an outsider 

through this exchange: 

“When was the last bomb blast?” 

“Oh, don’t worry, it wasn’t recent.” 

“Not recent?” 

“I’m not exactly sure, maybe sixseven 

months ago.” 

Somehow, six months don’t feel 

like history to me. There are signs of 

peace returning to Srinagar and thus 

expectations too are heightened. 

People are making claims that 

Kashmir is going back to a state of 

normalcy. Vested parties are quick to 

maintain that the Valley is slowly 

returning to a state of relative peace 

but how we are to define peace when 

gun wielding security men are all 

over? A young man from a rural part 

of Kashmir tries to make this point: “ 

I visited my village after 10 years, 

because it was not safe before that. 

People are saying that it is much 

more peaceful now and that it’s 

returning back to normal. I’m not 

sure about normalcy for it is yet to be 

seen if this sense of normalcy lasts. 

People might go to each other’s houses 

for dinner or attend a wedding 

that drags late into the night…” 

Before the young man could finish, 

his face slowly fell, making his longing 

for peace all the more resounding. 

While engaging with youth in 

Srinagar, mainly university students, 

their frustration and anger became 

evident. They are a generation that is 

fed up with violence amid din created 

by self-determination. They 

endure brutality and human rights 

violations at all levels. They have had 

it with grandiose dialogues with 

Delhi and Islamabad and are 

demanding change in terms of talks. 

However, these demands must be 

made quietly, they feel, because students 

do not have the liberty to speak 

their mind against these formidable 

States known for their merciless 

ways. “That is the problem, we are 

not free,” said one of the students 

wryly. Their courage and conscience 

have been suppressed and so are 

their desire and motivation to stand 

for what they feel to be right. 

At a ‘Students for Human Rights’ 

meeting called by the Human Rights 

Law Network, former chairman of 

Bar Council of India Dhairyasheel 

Patil encouraged an audience of students 

by saying, “Don’t worry if the 

world is crumbling, because we have 

to build a new world.” He also went 

on to stress that disenchantment is 

futile unless it leads to something 

constructive. Largely, Kashmiri 

youth are dogged by a severe human 

rights crisis created by high political 

stakes where their free will finds 

scant regard. This is what that came 

out through the deliberations at the 

meeting and questions posed by 

young participants. 

— The writer is a researcher from 

Canada 




Captive State 

in a free subcontinent 

A better status under the British empire could not 

last once Kashmir was caught amid rivalry 

between free India and Pakistan, despite quite a 

few treaties and laws that could have ensured a 

better deal for Kashmiris, writes 

Dr Abdul Majid Siraj 

Atrain of unfortunate legal 

signposts marks the political 

course taken by Kashmir ever 

since the historic decolonisation of 

South Asian subcontinent. It started 

in 1947 when the British made a precipitous 

exit with imperfect decolonisation 

of the Princely India. There 

are those members of legal fraternity 

who do not lock step with the procedures 

adopted by the British to 

decolonise Kashmir because they 

contend that Kashmir was not even a 

colony. It was at best a protectorate 

in terms of Article 4 of Treaty of 

Amritsar. The state enjoyed 

sovereignty like no other state in the 

British Empire. Towards the end of 

World War-II Kashmir was a great 

contributor of armed assistance to 

the British. In his own aircraft the 

Maharaja of Kashmir flew into 

Damascus and took a guard of honour 

from J&K armed forces to epitomise 

status of Kashmir. 

British decamped from India taking 

away with them the paramount 

hold over the princes. If this action is 

taken to mean decolonisation, the 

process was flawed because they witnessed 

fracturing of J&K State, invasions 

from outside forces during 

which time a non-self-governing 

state was dismantled and principle of 

uti-possidetis flouted. The fact 

remains that Kashmir did not even 

come in the category of a colony of 

Britain or vassalage of the Empire. 

The tenuous relation that bound the 

two nations was the defence of northern 

borders formalised with treaties. 

That was necessary for the Empire’s 

own protection from invasions by the 

communist powers along northern 

borders. 

Maharaja of Kashmir signed an 

instrument of accession (IOA) with 

India on October 26, 1947 that 

became the cornerstone of his relations 

with India. The IOA has since 

been subject to legal scrutiny and 

remains contentious. This treaty even 

apart from doubts expressed for its 

authentic existence also posits other 

legal challenges. There was a treaty 

with British (Treaty of Amritsar) but 

more important the Stand Still agreement 

with Pakistan still extant that 

would preclude super-imposition of 

one more treaty on the same subject. 

In the analytical tradition, the treaty 

disintegrates by interpreting intertemporal 

principle was in relation to 

territory. There was an important 

caveat in IOA that a plebiscite would 

confirm the arrangement and that 

this treaty was a provisional arrangement 

and did not legalise integration 

of Kashmir to the Indian Union. In 

critical legal analysis of the IOA 

based accession being void, how 

would the presence of armed forces 

from India have legal authority? In 

circumstances where such acts take 

place the term aggression has been 

used in international law . 

Article-370 of the Indian 

Constitution was made the anchor of 

relationship between India and 

Kashmir and became the mainstay of 

transport of laws from the Union to 

the State that flouted the Article-370 

itself. On July 24, 1952 it was agreed 

that all laws apart from those related 

to defence communication and foreign 

affairs would be debated in local 

assembly before being adopted. This 

was adopted as the Delhi Agreement 

encompassing complete internal 

autonomy with limited appellate 

48 




jurisdiction of the Supreme Court of 

India. India made gradual insertion 

of laws that wiped out the autonomy 

status. This emerged as an additional 

factor for demand for self-determination. 

The linchpin of self-determination 

for the people of J&K was 

entrenched in the principle of 

plebiscite that has eluded people of 

Kashmir ever since. Plebiscite gained 

stature as an erga omnes principle by 

universal opinion from the international 

community and legal policy of 

both India and Pakistan. India may 

have reneged on its legal policy to 

afford people of Kashmir a chance of 

a plebiscite but international law will 

come strong against that infraction . 

Both India and Pakistan are parties to 

UN Resolution of August 13, 1948 

and January 15, 1949, which call for a 

plebiscite and are binding on both. 

Kashmiri people have not been 

afforded the chance to express their 

true will through elections. Elections 

that were carried out were fake and 

illegally conducted and people were 

forced to cast votes. 

Kashmiri people in the meantime 

kept their struggle for right to such 

determination alive for the last 60 

years, a dream nurtured by political 

conviction to determine the status of 

their territory and restore their title. 

Kashmir was unfortunately always a 

place where there was always uncertainty 

in life in a turbulent atmosphere. 

There are rampant violations of human 

rights perpetrated to curb insurgency 

for a claim to self-determination. 

Human rights violations externalised 

the Kashmir issue and stands out as 

one more pillar of claim for self-determination. 

The UN takes a robust position 

on human rights. Article-55 (c) of 

the Charter expresses clearly universal 

respect for and observance human 

rights and fundamental freedoms for 

all. Article-56 obligates all members to 

serve allegiance to Article-55. Human 

rights and self-determination are 

linked in close relationship as envisaged 

in ICCPR. 

The anchor of the legal framework 

in which Kashmir is set is 

Armed Forces Special Powers Act AF 

(J&K)SPA 1990 a reprehensible legacy 

from the British times, including 

the 1942 ‘Quit India’ movement 

launched with such strength that 

British lost nerve. They wanted to 

keep India. As a knee jerk response 

they framed the Armed Forces 

Special Powers Ordinance (AFSPO) 

and lashed out at the public, empowering 

the armed forces to arrest, kill, 

humiliate, torture and burn homes 

with impunity. That would not only 

crush the rebellion but also start a 

ripple effect of terror through the 

whole nation. Unfortunately, for 

India there was no formal process of 

decolonisation adopted because the 

British did not consider India as a 

colony but an integral part of the 

sovereign. Therefore, on August 15, 

1947 free India inherited every item 

of governance, including laws. The 

Ordinance part of AFSPO was 

repealed but the Act remained and 

was used against the Naga people’s 

revolt and in its harsh detail renewed 

as AF(J&K)SPA 1990. The coercive 

nature of this act has destroyed the 

human fabric of a society who are 

claimed to be a part of the largest 

democracy on earth. Any non-commissioned 

officer of the forces can 

arrest, torture or kill a citizen if in his 

view that person is likely to disturb 

peace. Subjugation through such a 

law let India take 690 MW power 

from Salal (Kashmir) power station 

at 65 paise per unit and supply the 

same electricity to people of Kashmir 

at Re 1.50. 

It stands to advancing universal 

rationality to create an atmosphere of 

synthesis for an end to the conflict in 

Kashmir that has plagued the region 

for the last 61 years. From the inception 

of political and legal infractions 

that were the main concern between 

India and Pakistan, it will fore-shadow 

the end of the water dispute 

between India and Pakistan. The 

danger is that the battle for water 

may supersede any other exigency 

the two countries face. India prevents 

international agencies to build the 

power projects by refusing sovereign 

guarantee for the loans, in order to 

execute the work and control the 

power generated. This practice is 

reminiscent of the colonial World 

System Theory in which the peripheral 

countries or the colonies were sold 

goods manufactured with their own 

There is a tacit 

understanding in all 

political circles that 

negotiations between 

the two countries over 

Kashmir will 

perpetuate suffering of 

people 

materials and labour by the core 

countries or colonisers at high prices, 

draining their resources . 

The occupation of Kashmir by 

India and Pakistan and its non-recognition 

by the international community 

is a conditio sine qua non for the 

State identity and continuity of 

Kashmir. Line of Control (LOC) 

between India and Pakistan is a contentious 

border that foments dissent. 

It is the sharp end of bilateralism that 

has many contours in which people 

of Kashmir are mired. There is a tacit 

understanding in all political circles 

that negotiations between the two 

countries over Kashmir will perpetuate 

suffering of people. The local 

regimes have been installed that 

remain ultra vires and have changed 

hands over the years from parties 

that were chosen for their allegiance 

to India and clientelism. They have 

been construed as sui generis not only 

because they lack credible representation 

and support from the electorate 

but more importantly for the 

fact that they cannot offer fundamental 

rights to people. The over-arching 

laws like the AF(J&K)SPA 1990 render 

the local administration powerless 

to offer positive rights like protection 

of life or negative. In the 

event, local governments are considered 

as extension of power from the 

metropolitan Delhi, then there needs 

to be a demonstrable display of State 

authority with effective governance 

over a long period of time from the 

centre. 

— The writer is a retired consulting 

surgeon and postgraduate in Political 

Science from Bradeford University 




Growing up in 

a valley of fear 

A whole generation has grown up amidst the nearly twodecade-long 

turmoil that robbed the paradise called 

Kashmir. Feroz Rather belongs to this generation of 

Kashmiris as he finds himself adrift even while outside the 

Valley. In this moving account of his turbulent quest for 

education and knowledge, he tries to figure out what went 

wrong that turned youth like him into worst suspects of 

their times 

About two decades ago, in 

1989 to be exact, I was sent to 

school in Kashmir. My school 

nestled amid willows and springs. It 

is precisely the year when a massive 

rebellion betook the entire Valley. 

And a whole new generation right 

from kindergarten hit upon the idea 

of self-determination. Thousands of 

boys and girls, like me lived the formative 

years of their life amid incessant 

violence, bloodshed and the 

accompanying mistrust. I left 

Kashmir in 2003 to pursue BA at 

Aligarh Muslim University. Two 

years back, I moved to Delhi to do 

Masters in English Literature at 

Jamia Millia Islamia. 

My last five years in two prominent 

Indian Muslim Institutions have 

brought rather queer experiences. 

The subtle realisation of one's existence 

as an individual was never 

without a sense of a deep permanent 

loss informed with abysmal despair, 

alienation and insecurity. The pain 

seemed always not to flow from the 

feeling of being a Muslim in India. 

Not from finding oneself in melancholic 

morass of decadent Indian 

Muslim culture. Not that one has 

failed to do good academically. Not 

that one has failed to win good 

friends in the class. Not that one has 

failed to impress good relations with 

one's teachers. But from the consciousness 

that one was at a precarious 

interface with the people and 

institutions who essentially shape 

society and politics that in turn have 

been responsible for all the affliction 

and misery that abound Kashmir. 

In July 2006, after getting admission 

in Jamia Millia, I was looking for 

lodging in south Delhi. Thanks to our 

peculiar physiognomy that makes 

every Kashmiri so easily recognisable 

in India (and also has come to 

symbolise terror and destruction, 

here I thank kitschy Indian media in 

all its forms), everybody denied it. 

For many weeks I lost myself in the 

labyrinths of Delhi, being merely 

asked one-worded question -- 

"Kashmiri?''… followed by moments 

of eerie silence so that I get the 

answer. Ultimately, I gave some 

money to a shopkeeper to feign as 

50 




my old acquaintance. It worked as 

one day after getting a call from him 

he accompanied me to the landlord. I 

promptly paid the advance and 

thanked him while holding tears 

back to my eyes. It seemed getting a 

house in Delhi was more difficult 

than the entrance examination. 

My house in Delhi was in 

Munirka, an unplanned agglomeration 

of myriad sized buildings opposite 

the main gate of Jawaharlal 

Nehru University, a premier institution 

known for its standards of excellence 

in social sciences throughout 

the country. In the new city I felt terribly 

nostalgic. One damp July night 

while I was sitting in my windowless 

new house my homesickness grew 

unbearable. It almost bogged me 

down as none of my friends was 

around. I went to sleep very early 

and had a nightmare. I saw bloodied 

corpse of my elder brother lying 

before me. It was pitch dark and 

women sobbed and shrieked bitterly. 

I was thrown out of sleep. When I 

realised that it was a dream, tears 

streamed through my eyes. My 

thumping heart seemed to block my 

throat. I reached my hand for the bottle 

on my bedside. There was no 

water in it. I was too frightened to go 

out to look for some shopkeeper 

unlikely to open by then. 

I tried to call one of my classmates 

with whom I had developed 

some friendly relationship during 

the introductory lectures of our 

course. She didn't pick up. From next 

day she had a great difficulty talking 

to me and till today we could not get 

to old terms. That night I wanted to 

tell her about the nightmare that has 

been torturing me for quite some 

time. I wanted to tell her what had 

happened some years back in my village 

in south Kashmir. 

My village Bumthan lies off 

Jammu-Srinagar highway, some 50 

kilometers away from Srinagar. An 

uneven stretch of farms and shrubberies 

stands between the village and 

the bend of the road. The highway is 

always busy wafting roar of army 

convoys, buses and local cabs and 

enters the village through an 

unkempt road that takes a sharp perpendicular 

turn around the culvert to 

open near the mouth of the village. It 

was a sultry September day. I had finished 

my midterm examination of 

the eleventh standard and was relaxing 

with my mother in our two-storied 

brick house, built at some three 

minutes walking distance from the 

culvert, in the front face of the village. 

Around midday a rumor spread 

through the neighbourhood that 

some militants happened to be 

around. We were about to have our 

lunch when we heard that the army 

had come. Suddenly the main points 

of the exit were sealed by them. An 

unheard announcement of death and 

disaster pervaded the dusty air, as it 

spewed through the nearby stone 

crushers to engulf the whole village. 

Mother gave me two chickenand-rice-filled 

steel lunch boxes with 

which to escape. I was supposed to 

take them to our sawmills in Mir 

Bazar, the busy village bus stop 

where the link road meets the highway. 

When I came out I found the 

whole village thrown into deep trepidation. 

Women and children grew 

anxious while jawans of the Indian 

army took positions at various angles 

and distances around the village. I 

found three army men, with bedraggled 

beard and blood-red eyes 

around the culvert, around which 

there are only a few houses besides 

the stone-crushers overlooking the 

green stretch. Wearing bulletproof 

jackets, their index fingers were readily 

curled around the fully loaded 

Kalashnikovs. I customarily showed 

my 'identity card' and passed over. 

Only a few seconds later, one of them 

shrieked with brute fright, yelling, 

"He is fleeing, sister fu**er…'' and 

then a volley of bullets, after running 

a few steps away .The other two took 

positions to cover him up. I watched 

this from a very close distance of 

some five yards. I ran to enter the 

nearby house. The women inside 

started sobbing and shrieking while 

all of us squatted on the ground and 

then crawled to the staircase towards 

the rear part of the house. 

Just a few minutes before, the 

army had started the search operation 

from the other side of the village. 

Taking the local boys as their shields, 

they were guided by a captured militant 

who was driven along in manacles. 

My cousin, who was sent to one 

of the houses, which the army suspected 

was a militant hideout, later 

told me what a dangerously funny 

thing had happened. He told me that 

after he was sent to a suspected 

house with an army man hiding 

behind him, one huge copper-pot 

tumbled from the top shelf of the 

kitchen cupboard and banged on the 

ground. The army man had given a 

shrill hitch and tried to slap him, 

after realising that no one was inside. 

My cousin had instantaneously 

responded, “Damn you! You have 

taken my shirt off and made me your 




shield. If anybody is inside, he will 

shoot at me first… Don't panic". 

The seemingly futile military 

search operation continued without 

any results until the first burst of bullets 

was fired in front of my eyes. My 

mother and other women who had 

gathered around the village school 

tried to take refuge there. But they 

had been driven out by the teacher 

on the pretext of children's 'security'. 

A madness which accompanies 

impending death permeated everything. 

The village was then in an 

uproarious lull. The army men started 

beating everyone around. They 

took the young boys with them until 

they found the dead bodies of one 

militant lying beside the brook running 

under the culvert between the 

village and the uneven land stretch. 

The bullets shot in my presence, 

indeed, hit their target. 

Another militant as they rightly 

guessed had moved away from the 

houses across the brook into the tall 

maize fields, surrounded by paddy 

farms and thick vegetable shrubberies. 

As we lay crippled under the 

staircase, amid the roar of army men 

a familiar noise hit our ears. All the 

boys along with my own elder brother 

were beaten and forced to take 

their shirts off and become human 

shields. From different sides they 

were sent forward to zero in on the 

maize fields by clearing all the 

In one brief interlude, 

when bullets seemed 

to stop, one of the old 

men came kneeling 

inside. He said that all 

the young boys had 

been taken by the 

army as shields and it 

was difficult that any 

of them would come 

back alive 

shrubs and maize plants with their 

bare hands. Anybody who mustered 

to get up for a moment was severely 

spanked by the gun-butts from 

behind. This continued for almost 

four hours while army men crawled 

forward from a distance and fired 

wherever and whenever they 

wished. One of my friends fainted 

but was not spared to go, but kicked 

continuously until he got back into 

his senses only to faint again. But 

some of them after hours of moving 

through thorns and desperation, 

beating and bruises and bullets flying 

over their shoulders, had started 

‘enjoying’ it. The driver of our bandsaw 

mill later told me that he ate a 

big cucumber in my neighbour’s 

shrubbery, because he thought that 

in any case, after a few moments, he 

was doomed to eat the 'date kernel'. 

The transport on the highway 

was halted. One of my maternal 

cousins who lives in a nearby village 

was getting married the next day. He, 

along with his parents, had gone for 

shopping to the hometown, 

Islamabad, was also stuck in the 

backseat of a local cab. The next day 

while we were preparing the henna 

to color his finger, he told me that he 

had thought instead of his marriage 

he might have to attend our mass 

funeral. 

While we were still unable to 

move from the dark corner that 

turned smelly with our profuse 

sweating, none of us could gather 

courage to walk to kitchen and drink 

some water. As I sat jumbled around 

some 10 members of that family, our 

throats grew dry as sand. The clatter 

of bullets hitting the tin roof of the 

one-storied house, closest one to the 

place of encounter, seemed to crumble 

by their sheer vehemence. 

In one brief interlude, when bullets 

seemed to stop, one of the old 

men came kneeling inside. He said 

that all the young boys had been 

taken by the army as shields and it 

was difficult that any of them would 

come back alive. I remembered my 

brother whom he confirmed was 

with them and sagged down in hopeless 

despair. He was in late teens and 

I had grown much fond of him after 

his troubled relationship with our 

parents. Every bullet fired after that 

brought images of his blood-spattered 

body before my eyes. His own 

athletic well-formed body lying 

among the dead boys of my village, 

my own childhood friends and caring 

warm cousins. Those hours were, 

perhaps, the most difficult time of 

my life. I waited and wept crumpling 

under the dark suffocating staircase, 

while other people wept or wailed 

like me. 

The encounter was over, finally. I 

came out. A strange shiver was traveling 

through my legs, when to my 

surprise I saw that all the bruised 

boys were alive. I thought that my 

brother was not with them. I was 

about to hit my aching head to a 

brick-wall when he called me from 

behind. I looked back in desperation 

and ran to bury my head in his arms. 

A selfish happiness overtook me as 

we helped to put the dead militant's 

body in the truck. My brother and 

cousins told me that the militant did 

not retaliate to the army assault 

when he saw the advancing Indian 

troops putting the naked civilians in 

their front as shields. 

The operation was a major tactical 

success – ‘Operation Fox', as it was 

called. After the end of the nerve 

wracking operation, all of the army 

men gathered in a circle and celebrated 

their triumph by shouting and 

cheering aloud. 

It's perhaps my inability to put 

such stories across my good Indian 

friends, which made my life an ironical 

failure. My Indian friends live in 

world that is oblivious and may I 

dare to say far removed from and callously 

ignorant about the shocking 

happenings in Kashmir. They are 

absorbed in building their careers, 

celebrating their academic successes. 

Not surprisingly they did not prod 

me enough, nor did they feel the 

need to heed me enough to dig and 

listen to such stories of which, I am 

literally made of. So herein, I have 

taken the opportunity to explain 

what I could never before share with 

anyone—Nor did anybody ever ask 

me about any of these things. 

 

52 



FOUL ARREST 

Poor professor in tears 

as son rots in Tihar 

Several cases of victimisation of members of minority communities 

by police have raised the question of whether the civil society has 

accorded legitimacy to these. What we need is to urgently rethink 

state-sponsored terrorism, writes Subhash Gatade 

Professor Sanaullah Radoo, 

Principal of a Degree College 

in Sopore still remembers the 

day when his youngest son Pervez 

had reached the airport in Srinagar in 

a hurry to catch the next Spice Jet 

flight to Delhi ( September 12, 2006). 

The moment the flight landed in 

Delhi, he had even made a call to his 

Abboo (father) informing him that he 

is rushing to get the boarding pass to 

the next connecting flight for Pune. It 

has been more than 19 months that 

Pervez is in detention and right now 

lodged in Jail no 01, Ward no 01, 

Barrack no. 02, Tihar, Delhi. All his 

dreams to undertake research on the 

particular rice variety found in 

Kashmir stands suspended. Young 

Pervez Ahmad Radoo, who had 

already finished his post-graduation 

in Zoology from Modern College in 

Pune, was seeking admission to 

Ph.D. for which he was going to 

Pune. 

The moment Pervez approached 

the airline staff to get his boarding 

pass at the Delhi airport, security 

officers surrounded him, took away 

his luggage and escorted him to the 

Lodhi Colony Special Cell. In a letter 

Combat Law, March-April 2008 he 

provides details of the manner in 

which he was 'tortured and interrogated 

severely' how he was 'beaten 

up ruthlessly' and was given 'electric 

shocks'. 

Professor Sanaullah Radoo 

As per the version of Special Cell 

of the Delhi Police, Pervez was arrested 

on October 15, 2006 from Azadpur 

Mandi in the city with "three kgs of 

RDX and Rs 10 lakh hawala money 

along with other incriminating evidence" 

proving him to be a "Jaish-e- 

Mohammed terrorist". 

Professor Sanaullah has been running 

from pillar to post since then so 

that his youngest son gets a 'fair trial' 

and comes out of jail unscathed and 

is able to resume his research work. 

The fact is that for around one month 

the professor did not know that 

Pervez has not landed in Pune and 

that he was in detention. He presented 

a memorandum to the National 

Commission for Minorities ( NCM) 

to press harder for their intervention. 

Mohammad Shafi Qureshi, 

Chairperson of NCM, who has 

looked into the case and has also 

written to the Delhi Police was candid 

enough to share his views on the 

subject with a reporter ('Mail Today’, 

Delhi, March 6, 2008 - NCM fights for 

release of J&K youth in Tihar): 

"It is hard to believe the police version 

when one sees the clean chits given 

by the police superintendent and additional 

district magistrate of Sopore, his 

native town, and from the local resident 

welfare association (RWA). Most importantly, 

the certificate given by Spice Jet 

for the same day shows him as boarding 

the plane for Delhi from Srinagar and 

then also bound to travel further to 

Pune. These facts have been completely 

ignored by the Special Cell.' 

Trying to control his tears 

Professor Sanaullah Radoo tells the 

reporter the manner in which the 

police have turned a promising 

young scientist into a 'bomb-man' 

'He should be completing his 

research on a rice species in Kashmir 

valley, instead, he is in prison facing 

charges of terrorism.' He clearly says 

the police 'are lying'. He is also not 

sure whether his son would receive a 

fair trial or not and whether he has 

been provided an able legal practitioner 

to defend his case or not. 

Pervez's jail diary, which has 

appeared in a section of the media, 

puts further light on his plight. In his 

letter asking to 'Save My Career, As I 

Am Innocent' he poignantly asks 

'Am I not Indian, if I am Kashmiri. 

Why this discrimination. When tall 

claims are being made by the 



FOUL ARREST 

Government of India, by media, that 

before law all citizens are equal.' This 

story is not one of its kind. Not a day 

passes when one does not hear about 

the illegal detention of a youth from 

a minority community on some 

charges constructed upon false 

claims. 

Just a day before 'Mail Today' carried 

Pervez’s story, it had provided 

details of a case involving a 'terrorist' 

gutkha manufacturer getting bail 

Mail Today, March 5, 2008. According 

to the report filed by Piyush 

Srivastava, 'Barely six months ago, 35 

year old Imran Ismail Memon was 

termed as a terrorist, gangster, a 

hawala racketeer, a smuggler and a 

manufacturer of adulterated Gutkha.' 

The Rae Bareli police arrested Imran 

Ismail Memon, a resident of Thane in 

Maharashtra on August 25, 2007, 

saying he was part of a "terrorist 

module" and had started an "illegal 

and adulterated gutkha factory" as a 

cover-up to stay in the district. 

Lucknow bench of the Allahabad 

High Court granted him bail because 

of lack of evidence. It also added that 

'the police could not even prove the 

power theft charge against him.' 

Or take the case of Aftab Alam 

Ansari, an employee of the Calcutta 

Electricity Supply Corporation, who 

was arrested on December 27, 2007 

as 'main accused behind the serial 

blasts in number of courts in UP', 

who was tortured for 22 days in 

order to make him confess that he 

was Mukhtar alias Raju, resident of 

Malda district in West Bengal and 

had Rs 6 crores in his bank account, 

or, the case of a poor fruit vendor 

from Kashmir who was presented 

before the media as a 'prize catch' 

responsible for blasts on the eve of 

Diwali in Delhi two years back: it is 

clear to any layperson that with the 

ascendance of the Hindu right forces 

in the Indian polity and in the ambience 

which has been created the 

world over post 9/11 such targeting 

of innocents from the minority community 

has become the norm. 

A biggest irony of the whole situation 

is that while terrorist acts committed 

by Hindutva organisations 

are not even reported or all attempts 

are done to cover them up, innocents 

from the minority community are 

apprehended claiming them to be 

associates of this or that dreaded terrorist 

organisation. The media, 

which is supposed to be a watchdog 

of democracy, also joins the malicious 

campaign where it has no 

qualms in calling all such people terrorists 

rather than accused awaiting 

trial in court. It does not bother them 

that such a trial by media is not only 

unethical but also violates the basic 

ethics of responsible and fair journalism. 

No one condones acts of terrorism 

if they occur in any part of the 

country. One would want that the 

law of the land should be equally 

applicable in all such cases. They 

should not appear to favour or target 

a particular community. 

It would not be an exaggeration 

to say that it is the new trend— 'terrorisation' 

and 'stigmatisation' of the 

minority community—is reaching 

menacing proportions. The pattern 

of mindless arrests for the sake of 

branding innocent persons as terrorists 

and resorting to relentless torture 

is coming under increasing scrutiny. 

This is giving rise to perceptible 

anger all across the country. 

Perhaps the recent decision of the 

UP government asking a retired 

judge to ascertain whether two persons 

arrested for the court blasts in 

state are indeed terrorists or not, is 

an indicator of the pressure governments 

are facing over repeated complaints 

that the state police is implicating 

Muslims as terrorists. The case 

involves the arrest of Khalid Mujahid 

and Tariq, claiming them to be members 

of Harkat-Ul-Jehadi (HUJI) who 

were implicated for executing the 

serial blasts that left 14 people dead. 

If one searches the record of the 

Jamia Tul-Salahat Madarsa in 

Jaunpur where Khalid use to teach, it 

tells us that not only was he not present 

on the day (November 23) in the 

Madarsa but had also checked the 

copies of the students. The judge has 

been asked to cross-check the UP 

police story which says that Khalid 

landed in Lucknow in a bus on 

November 23 morning, met other 

accomplices, bought new cycles, 

planted bombs on the Lucknow 

court premises and returned immediately 

to Jaunpur. 

The need of the hour is to understand 

that ‘terrorism’ cannot be the 

monopoly of a particular community. 

It is a product of the typical circumstances, 

which societies encounter or 

find themselves in, and the nature of 

the dominant or dominated forces in 

operation in those societies and their 

larger worldview. 

There is no denying the fact that 

civil society at large at some level has 

accorded legitimacy to all such 

actions by the police. If that had not 

been the case, there would have been 

an uproar at the national level when 

it was revealed how, 'intelligence 

bureau operatives colluded with 

Delhi police to brand two of its own 

informers as dreaded terrorists'. It 

was sheer coincidence that the matter 

reached CBI, which exposed the dark 

machinations of the dirty tricks 

brigade. 

A write-up in the Times of India 

'IB, cops in murky frame-up' (By 

Sachin Parashar, New Delhi, 13 

September 2007) had presented all 

relevant details of the case. 

New Delhi: The CBI has found that 

the Intelligence Bureau operatives colluded 

with Delhi Police special cell 

sleuths to ‘plant’ RDX on two youths 

who were arrested as ‘Al Badr terrorists’, 

TOI has learnt. The shocking conclusion 

comes a month after the agency told the 

Delhi High Court that the special cell’s 

probe into the murky affair “didn’t 

inspire confidence”. 

Top CBI sources told TOI on 

Wednesday that the seized RDX 

appeared to have been planted on the two 

‘terrorists’ Mohd Moarif Qamar and 

Irshad Ali. The agency will submit its 

report, which indicts officers of IB and 

Delhi Police special cell, to the court on 

October 24. 

While similar episodes in the past 

have hurt the credibility of the anti-terror 

agencies, this one stands out because it 

marks a rare instance where Intelligence 

Bureau operatives collaborated in the 

plot hatched by Delhi Police’s special 

cell. 

—The writer is a freelance journalist 

54 



MILITARY VIEW 

Military might and 

human rights 

Picking up people on mere suspicion, arresting and 

torturing them is the order 

of the day in a land where 

army and para 

military forces 

hold 

unaccountable 

powers. The guilty 

men in uniform 

should be held 

accountable and 

brought to books, 

writes 

Sujata Krishnamurthi 

Human right activist, Jalil 

Andrabi, was abducted by 

the paramilitary and renegades 

in March 1996 in the presence 

of eyewitnesses and tortured to 

death in custody. Despite the initial 

denial by government of the army's 

culpability, the Special Investigation 

Team identified an army Major in 

April 1997 as accused. He was 

released without punishment : this is 

one of many crimes that have 

allegedly been committed by the 

army in Kashmir. If militancy left 

thousands dead, the human rights 

record of the Indian army and 

paramilitary forces has been equally 

abysmal. 

India’s decision to accede to 

plebiscite and then retract from it, 

has proved expensive to India, and 

to the Kashmiris, in the form of six 

decades of strife and conflict. 

Militancy began in 1989 as a spontaneous 

movement by the people 

towards self-determination. 

Militancy has taken on different 

hues. Up to 1992-93, it was restricted 

to the Kashmiri demand for selfdetermination 

and received local 

sympathy. It soon transformed into a 

brutal blood bath on the part of the 

local militants and the outsiders 

(mujahideen, ex Pakistani soldiers 

and mercenaries). 

Central government forces operating 

in Kashmir include the Indian 

Army, the J&K police, the Central 

Reserve Police Force (CRPF) and the 

Border Security Force (BSF). The 

army strength was expanded in 1993 

with the introduction of the 

Rashtriya Rifles, who have been the 

main force in charge of counterinsurgency 

operations in Doda, Rajouri 

and Poonch. Getting an exact figure 

on the army deployment is not possible, 

as India does not provide details 

of its military and paramilitary 

deployments. Pakistani assertions 

that the Indian army strength is 

above 600,000 are substantially 

inflated. Reports estimate that India 

deploys approximately 400,000 combined 

army and paramilitary forces 

in Kashmir, most of which are stationed 

in the interior, 80,000 of which 

are deployed along the Line of 

Control (LOC). Pakistani forces 

deployed along the LOC are reported 

to number in the 40,000-50,000 

range. 

State repression 

Seventeen-year-old Muhammad Safi 

Lone, of village Budbugh, Tehsil 

Handwara, was admitted to SMHS hos- 



MILITARY VIEW 

pital with bullet wounds. On the night of 

June 11, 1997 the Jawans of Indian army 

and Rashtriya Rifles went to their village 

for a search and cordon operation. The 

army suspected that militants were hiding 

in the nearby forest and forced several 

local youth to act as human shield for 

the army. They were made to walk in a 

kneel-down position towards the forest, 

while the army Jawans hid behind them. 

In the ensuing exchange of fire, one village 

youth Akbar Wani was killed, Safi 

Lone was hit by four bullets. 

Forces used landmines and other 

explosive devices indiscriminately, 

showing their callousness toward 

civilian life. In their attempts to suppress 

militancy in Kashmir, the army, 

paramilitary forces and the police 

also succumbed to human rights violations. 

Human Rights activists have 

accused the Indian security forces of 

consistently violating humanitarian 

laws. These violations stem from 

abuse of power under repressive 

laws like the National Security Act 

and the Armed Forces Special 

Powers Act (J&K). There have been 

reports of police/army brutality and 

repression including arbitrary 

arrests, rapes and extra judicial 

killings. Stories of media gagging, 

beating up of human rights activists, 

journalists and medical personnel 

and banning entry to organisations 

like the International Federation of 

Human Rights and Amnesty 

International are a dime a dozen. It 

has also been alleged that India has 

sponsored irregular militias that 

operate outside the law to carry out 

its counterinsurgency operations. 

On 10 May, 2001, 17 journalists 

were assaulted by Border Security Force 

(BSF) troops while covering a funeral 

procession for bomb victims of an attack 

that had occurred the previous day near a 

security camp at Magam in the Budgam 

district of Kashmir, leaving nine people 

dead. The journalists were covering the 

assault on the demonstrators from a distance 

when the leading officer ordered his 

troops to attack them. 

Most of the violations, including 

the more egregious abuses like extra 

judicial killings and custodial deaths 

remain unpunished. There were 

more than 200 incidents of rape in 

Doda in January 1994 alone. During 

the period 1990-1994, Amnesty 

International documented 706 cases 

of custodial killings, nearly all after 

gruesome torture. The government 

responded to 519 out of 706 cases, 

dismissing the rest as "encounter 

killings" despite eyewitness reports 

to the contrary. In 85 other cases, the 

government indicated that there was 

prima facie evidence of human rights 

violations and these were said to be 

under investigation. 

Repairing a tarnished image 

Since 1993, Delhi has embarked 

on a campaign to improve its international 

image tarnished by the 

appalling human rights record of its 

police and security forces. The path 

has been tough as winning over the 

trust of a battle scarred and embittered 

Kashmiri citizen is an uphill 

task. Few have forgotten the past 

brutalities, indiscriminate firings and 

atrocities committed by the Indian 

forces. 

In May 1996, elections were held 

in the state for the first time since 

1989 with Farooq Abdullah forming 

government. Two more elected governments 

led by Mufti Mohammed 

Sayeed and Azad followed. With the 

hope of peace returning to the Valley, 

there has been pressure on India to 

disarm all irregular militias, carry 

out extensive investigations on all 

reports of abuse and punish those 

responsible, and provide full access 

to Kashmir for specialised human 

rights bodies like the Special 

Rapporteurs on Torture and 

Summary and Arbitrary Execution 

and the Working Groups on 

Disappearances and Arbitrary 

Detention and for international 

human rights organisations like the 

Human Rights Watch and Amnesty 

International. 

The state’s decision to allow the 

International Committee of the Red 

Cross to provide its humanitarian 

services in Kashmir is significant. A 

visit by the International Commission 

of Jurists followed. In 2002, the 

newly elected Mufti Mohammad 

Sayeed’s government took the decision 

to give a much-needed “healing 

touch” to Kashmir through a comprehensive 

31-point Common 

Minimum Programme (CMP). This 

human rights programme mandated 

the assimilation of the Special 

Operations Group (SOG), allegedly 

responsible for a huge number of 

human rights abuses, into the Jammu 

& Kashmir Police, the termination of 

the POTA (Prevention of Terrorism 

Act), review cases of detainees held 

without trial for a long time, investigate 

all earlier custodial killings and 

punish all those responsible. The 

programme was also to institute 

rehabilitation and supportive measures 

for militancy affected families 

and finally carry out unconditional 

dialogue with terrorist groups: clear 

indications of a revision in the government’s 

'hard line’ policy on 

Kashmir. 

Although according to the army’s 

assessment, stopping cross border 

infiltration, and counter-insurgency 

operations in the hinterlands of 

Jammu & Kashmir have resulted in 

drastic decline in violence in the 

state, the government has no intention 

of cutting down on the strength 

of the Army deployment immediately. 

Militancy may have abated but it 

is still a reality. They change their 

strategy on ground, pushing the 

security establishment to the edge. 

No doubt the deployment in Jammu 

& Kashmir, a point of contention for 

many, is huge, but the army, which 

sees itself as critical for security and 

stability will remain as long as militancy 

remains. 

With matters under relative control, 

there has been a paradigm shift 

towards socio economic upliftment. 

The basic premise being, that economic 

emancipation and good governance 

are the key to solving the 

problem of militancy and alienation. 

The army is a formidable force but in 

the long run, it is possible for it to 

effectively hold on to the territory 

only with the cooperation of the people. 

It has to maintain a constant vigil 

on the border to check infiltration, 

while simultaneously work towards 

winning over the locals. 

 

56 



MILITARY VIEW 

Twenty-year-long 

night of long knives 

Q&A 

General S Padmanabhan 

General Sundararajan Padmanabhan assumed charge 

of the Indian Army, as the 20th Chief of Army Staff, 

on 30 September 2000. He was commander of the 15 

Corps in the Kashmir valley from July 1993 to 

February 1995. During his tenure, the army made big 

gains over militants in Kashmir. He was awarded the 

Ati Vishisht Seva Medal (AVSM) for his services. He 

takes time off for Combat Law and shares his views 

about the army’s role in Kashmir in this exclusive 

interview with Sujata Krishnamurthi 

QAs commander of the 15 

Corps, you were in Kashmir 

during the peak of militancy. 

I would like to know your 

overall assessment of the situation 

prevailing there. 

A. In the middle of 1993 when I 

joined, the situation in my own headquarters 

garrison, the Badami Bagh 

Cantonment, was grim. The large 

number of soldiers and officers with 

their families were virtually in a state 

of siege. Nobody ever went out. 

Movement was impossible because 

of the large population of militants, 

around 10,000 to 12,000. More than 

85 percent were locally trained and 

about 2,000 to 3,000 were specialists 

who had received training from outside 

and come in. Most of the militants 

were either Kashmiris who had 

gone down to the refugee camps in 

Pakistan Occupied Kashmir (POK) 

or had ex-filtrated into the other side, 

received training and returned. The 

quality of their opposition was good. 

They were trained well, knew how to 

make a bomb or IEDs (Improvised 

Explosive Device). Where they could 

not manage, there were people like 

Ibn-e-Masood, a mercenary from 

some African country, probably 

Ethiopia to help. He was an explosive 

expert, a postgraduate in chemistry. 

He was later killed in an 

encounter. The specialists were 

either Pakistan-trained or trained on 

the Afghan border. 

Even when we went out for an 

operation we went in greater 

strength than we do now. By the end 

of 1994, the army achieved considerable 

control over the militants. Their 

activities were basically hit and run 

operations against the army or the 

police, a very popular target. They 

would throw grenades at the police 

and police stations were easy targets, 

and to give them more target practice, 

was the BSF which had built 

large bunkers in urban areas or occupied 

certain houses as the CRPF did 

also. These were easily distinguishable. 

Secondly, they would ambush 

convoys from time to time. None of 

them were very successful but they 

did succeed in throwing grenades 

inside buses loaded with army people 

leading to casualties. There have 

been some horrible incidents. There 

was an army soldier going on leave. 

The grenade fell on his lap, he looked 

at it and it blew in his face. The third 

manifestation of their activities was 

that they would lay Improvised 

Explosive Divices (IEDs), the country 

equivalent of normal land mines. 

They would use innovative ways. 

Some specialised in telephone poles. 

They would saw off a section off the 

pole, push in explosives and fix it 



MILITARY VIEW 

with an electronic detonator. This 

would create a lot of damage. They 

made good use of fertilisers to make 

explosives. In fact because of them 

there was a shortage of urea in the 

apple orchards and fields. 

Q Will you please comment on 

Hazrat Bal incident? 

A. The Hazrat Bal incident was 

an eye opener for all of us. We had to 

take over an operation on the basis of 

inaccurate information. The force 

which was to hand over the operation 

to us was not there. Quite a 

number of hard core militants 

escaped before we came in. Next day 

they set fire to a building to create a 

diversion in the shrine complex. In 

the process of fire fighting, a number 

of militants escaped even on the fire 

engine. So we don’t know how many 

were actually there. I was given very 

clear directions by the Governor and 

by the Advisor Security to the 

Governor, General MA Zaki, and one 

gave a lot of izzat (regard) to what he 

said. We were told no shooting. The 

militants may have wired the shrine 

for explosion. So we stayed around 

the shrine in a cordon. 

The Hazrat Bal incident came out 

as it did thanks to the patience of our 

troops. I was very proud of them 

because it is awful to sit outside and 

watch while the people inside were 

getting wazwan kind of meals from 

outside by the order of the negotiator. 

For three days they ordered food 

for 50 people daily while there were 

only 25 people inside. Some were 

women, some beggars, hardcore militants 

were very few. The late lamented 

Idris fromJammu & Kashmir 

Liberation Front (JKLF) was there. 

He told me later that he had me and 

the Governor in his sight. Since we 

did not fire, they had no provocation 

to do so either. I think this is one time 

a general has been given a good reputation 

for not having fired a single 

shot – a very peculiar reputation to 

have. 

By then the militants had surrendered, 

as General DD Saklani had 

taken over after General Zaki met 

I was horrified that by May we had mishandled the 

situation so badly that we lost the Charar-e-Sharief. 

If my orders had been carried out implicitly that 

there would be no deployment within one kilometre 

of the outer periphery of the shrine and that no fire 

should be directed towards the shrine at all, this 

could have been avoided 

with an accident. We discussed their 

demands and I told General Saklani 

that some of these were unreasonable. 

Ultimately we seemed to have 

our way and they felt that they had 

their way and things worked out. It 

was a turning point because the people 

realised that they need not be 

shot at, bullied and harassed by the 

army. The army can keep quiet and 

insist on what they think should be 

done and what should not be done. 

Q Will you please tell your experiences 

as commander of 

Udhampur-based Northern 

Command? 

A. During the second half of 

1994, we had got things so much 

under control that we had reached a 

stage where there was contemplation 

that there would be elections in late 

1994 or early 1995. Meanwhile the 

Jehad Council realised that the game 

was getting out of their hands so we 

saw an influx of foreign mercenaries 

in the middle of 1994, trained 

Afghans who had fought the war 

against Russians and allegedly ex- 

Pakistani soldiers. This was a significant 

setback in our attempts towards 

normalcy because the quality of 

opposition went up. The local militant 

who had lost morale found himself 

bolstered up again. 

The Charar-e-Sharief incident 

took place next year. I had left by that 

time. I was horrified that by May we 

had mishandled the situation so 

badly that we lost the Charar-e- 

Sharief. If my orders had been carried 

out implicitly that there would 

be no deployment within one kilometre 

of the outer periphery of the 

shrine and that no fire should be 

directed towards the shrine at all, 

this could have been avoided. I knew 

that it was like a tinderbox that 

would catch fire if we threw even a 

firecracker at it. 

That was a very significant setback 

for the Army and for Kashmir. 

Let’s face it; many said we had deliberately 

set fire to the shrine. This is 

nonsense. But the accusation that we 

were ham handed is true. This however 

should not give rise to the 

thought that because of this, human 

rights violations increased. No. 

Incidents did happen but saying that 

there were reprisals against anybody 

after this is not true. I am pretty clear 

about this as I was able to observe 

closely the entire incident sitting at 

the vantage point as the Director 

General of Military Intelligence. 

Q Modern limited wars have their 

limitations as the soldier is 

relearning to fight a war which 

is not open but hidden. 

However, collateral casualties 

notwithstanding there have 

been reports of a number of 

instances of deliberate killings 

and other atrocities perpetrated 

by the Indian army in Kashmir. 

Few cases have been dealt while 

the rest have been ignored. Can 

you comment on this from the 

human rights perspective? 

A. These are axiomatic statements. 

Firstly, today we are fighting 

an organised proxy war. The soldier 

58 



MILITARY VIEW 

cannot say that he is not fighting. He 

is fighting. It is a war by proxy for 

somebody else. He is fighting against 

a man who has been trained abroad, 

who has been manipulated and 

receives his directions from there, 

and who is getting his hardware, 

software and communications equipment 

from there which was often better 

than ours. It was American equipment 

purchased with Saudi money 

and brought in through Pakistan. 

That is the kind of situation we were 

dealing with. During my time as a 

Corps Commander we called it militancy 

for want of a better word. 

Sometimes we referred to it as counterinsurgency 

operations. It was 

counterinsurgency but in a proxy 

war scenario where we are not dealing 

with enemies but our very own 

people who were being controlled by 

outsiders. 

Secondly, there have been a large 

number of incidents. I will be the last 

man to deny it. I was present when 

some incidents took place. When it 

came to our notice the culprits were 

punished severely. In fact I recall one 

day I got information from a local 

politician about a case of rape somewhere 

near the apple orchards in 

Pattan. Two Bangladeshi people who 

had married locals had been assaulted. 

Realising that the assaulters must 

have been from the local army outfit 

I gave orders to the General Officer 

Commanding (GOC) concerned to 

have them arrested within six hours. 

This he did. I had guessed right. 

They were not the combatant category. 

One was a washerman and the 

other a barber who did this after getting 

drunk in the afternoon. They 

were put in the quarter guard, the 

lock up of ours and from the crime 

till the end of a very fair trial where 

they were court-martialled, I think 

four to five weeks only had passed. 

They got 10 or 12 years. I don’t 

remember all of them as everything 

does not come to the Corps 

Commander and is dealt at the 

appropriate level. We deal with 

everything that comes to our notice – 

the battalion commander, the 

brigade commander or the divisional 

commander deal with these cases. 

Q How would you explain the 

Amnesty International reports, 

the Human Rights Watch reports 

and the international and 

national media criticism against 

army excesses? 

A. The barrage of adverse kind of 

publicity that we have been subjected 

to is rather unfair. The hysteria that 

has been whipped up against the 

army can be explained in many 

ways. None of them entirely satisfactory 

and some may not entirely hold 

water. Yet these are the explanations 

that occur to me. The fact is that any 

incident that takes place is immediately 

classified as done by the army. 

In Jammu & Kashmir, there is much 

Sometimes we 

referred to it as 

counterinsurgency 

operations. It was 

counterinsurgency 

but in a proxy war 

scenario where we 

are not dealing with 

enemies but our very 

own people who were 

being controlled by 

outsiders 

more than the army operating. It 

could have been done by the army, 

the Boarder Security Force (BSF), 

Central Reserve Police Force (CRPF) 

or the Kashmir police who were 

mostly quiescent but now I think are 

more active or any number of the 

thousands of militants, who were 

bearing arms though they have no 

business to bear arms and are fighting 

against the State. 

On any sample day, if two people 

get killed somewhere, they may have 

been killed by any of these people. If 

the army was responsible, they 

would produce the weapon, and so 

on and if they had made a mistake 

and killed innocent people it would 

be out in their report. There have 

been such unfortunate cases but on 

each occasion the errant commander 

has made whatever amends were 

possible and apologised for the act. 

The killing could have been done by 

any of the other security forces or by 

the militants and foisted on to the 

security forces or the army. 

The trend gradually caught on. To 

make the maximum amount of noise 

you demonise the one force that you 

are actually afraid of. As a result systematic 

demonisation of the army 

took place. Not just in the Valley or 

Jammu or wherever. Not just in India 

but in the international arena. You 

demonise them to the extent that it 

de-spirits the army, ties their hands 

behind their back so that they cannot 

act and then you neutralise them. It is 

a devilishly sophisticated way of 

doing it. I know who worked this out 

on the other side, the Jihad Council. 

I met a visitor from Lord 

Avesbury’s organisation with whom 

we had very close interaction. We 

asked him since he had the opportunity 

to take a close look at the situation, 

what his conclusion was. He 

went and made a report and showed 

photographs to his principals. The 

result was that the Kashmir Watch 

Organisation changed its tune. I had 

a similar incident with a German 

lady journalist who came over to my 

house in Srinagar on a Sunday. She 

immediately went on the offensive 

saying that our people were committing 

atrocities. I knew she had the 

wrong end of the stick as she was 

talking about an incident that happened 

inside Srinagar town. When I 

asked her about the colour of the uniform 

that the chaps were wearing, 

she replied khaki. The army wears 

khaki only in the desert. We later 

found out that there was a rough up 

between the police and the locals and 

in the process of breaking it up the 

police overreached itself and used 

greater force than required. The lady 

saw all this and clicked some pic- 



MILITARY VIEW 

Wrong things do take 

place no doubt but 

most of these are 

exaggerated and serve 

the kind of publicity 

that militants crave. If 

you stop the media, 

which fortunately we 

do not do, you would 

have given the 

militancy short shrift 

tures. After I gave her the facts, she 

left quite mollified. 

The third thing is that wherever 

such incidents are reported it is done 

with a big splash. I will give you an 

example. There was an incident 

where a village had to be evacuated 

in broad daylight because militants 

who had come in from the jungle 

side had taken shelter in some houses 

and were shooting at our troops. 

We cordoned off that village. I think 

the parachute battalion was 

involved. They got the villagers out 

and took them four kilometres away 

from harm’s way and they carried 

out the operations against the militants 

who lay low there. In the process 

some houses were destroyed. I 

was then the army commander in 

Uddhampur and was very pleased 

with the action taken by the people. I 

asked them to make sure that the 

people were well looked after. 

They were put in tents till we 

could reconstruct their houses, ran 

kitchens and fed them better than 

they were used to. As a result they 

were very pleased with us. After all 

this I got a call in the evening from 

my chaps saying that Mr Syed Ali 

Shah Geelani, the veteran Jamaat 

leader, along with his cohorts arrived 

there to draw political mileage of the 

army atrocities. They had been told 

that an army atrocity was going on. 

To their horror nobody was willing 

to talk to them or speak against us. 

The villagers told them how we had 

fed and clothed them and asked 

them to leave. He left in a great huff. 

This is not an unusual incident 

but a matter of routine for the army. 

The army usually takes the utmost 

care to ensure the safety and well 

being of the villagers. Despite all precautions 

if they do get hurt then we 

are as sorry as anybody else. There 

have been occasional cases of wanton 

action against someone. Such incidents 

have been very strongly dealt 

with. I had a case, when at the height 

of winter something happened near 

about Srinagar. It was snowing and 

people were out in the cold as a 24- 

hour search went on. There was this 

lack of good sense on the part of the 

person who had given the orders. He 

had lost some people so he subjected 

the village to a very detailed search. I 

removed that battalion from there 

and replaced it with a new battalion. 

The old battalion never repeated 

their mistake and later won a commendation 

from their chief. 

Wrong things do take place no 

doubt, but most of these are exaggerated 

and serve the kind of publicity 

that militants crave. If you stop the 

media, which fortunately we do not 

do, you would have given the militancy 

short shrift because media is 

like oxygen to the militants. Adverse 

publicity to the army and security 

forces only furthers their cause. 

I will give you an instance of one 

of the most awful human rights violation 

I have seen and it was not 

done by us. It was done by a 

Kashmiri militant who was unfortunately 

not caught. He had paid a 

young boy in Srinagar Rs 10 to throw 

a grenade at us. He was shown how 

to hold the object and throw it. He 

was waiting for the army fellows to 

turn up and he felt itchy so he tried 

to scratch with one hand. When he 

could not, he released his other hand 

from the lever and the bomb went off 

blowing his hand off. I don’t think 

we did anything like this. When my 

troops went off for an operation in 

Rajwar there was a militant group 

which captured five or six of my soldiers, 

gouged their eyes out, 

chopped off their hands besides 

other unspeakable horrors that they 

did to them. Isn’t this a human rights 

violation? Nobody took reprisal 

against these militants. 

Q To counter the hostile local and 

outside media you initiated a 

more open and sophisticated 

media management approach. 

Could you tell us how you did 

that and to what extent you succeeded? 

A. When in doubt the media put 

the army down there. The media initially 

has a tendency to lay the blame 

on the army or the security forces. It 

is only when one goes through the 

entire story that facts emerge. 

General Arjun Ray, who was my 

Brigadier General Staff, and I took 

up handling the media to reduce 

their hostility. We tried to manage 

the media intelligently. One of the 

60 



MILITARY VIEW 

biggest problems we realised was the 

lack of transparency. The media did 

not even know what we were doing. 

When we surround a village and cordon 

off the area it is not to take over 

the houses. Our first step in this 

direction was a three-day workshop 

to sensitise the media on how the 

army operates. We invited the 

national, local and vernacular media 

to the Badami Bagh Cantonment, 

where we would brief them with 

drawings and sometimes with 

demonstrations to explain what was 

happening and why it was happening 

and what were the things that 

could go wrong. They started appreciating 

our work. 

The second thing that I did was 

start speaking to editors and request 

them not to send young cubs to be 

blooded. It is an unforgiving battlefield 

where the young chap may bite 

off more than he can chew by doing 

something rash and silly. On the 

other he may also cause incalculable 

harm to forces who are already 

working under acute pressure by 

misrepresenting. The people out in 

Delhi may not know anything that is 

happening on the ground and may 

just take the cub’s word for it. 

We decided to invite the media to 

come along with us and show them 

what was happening. There was a 

freelance BJP journalist, and there 

were these two French journalists 

whom we sent off to a battalion in a 

very tricky area. Later their article in 

a French paper had all praise for the 

unit. We began having sessions with 

the media where all questions were 

made welcome and we also decentralised 

media interaction with the 

army with certain provisos. Our message 

to our media mangers was clear 

“Don’t bluff, confine yourselves to 

facts and don’t give your own interpretations”. 

We are not fighting an 

enemy in the conventional sense. 

Unfortunately we are fighting a law 

and order problem in our own state. 

Q Compared to the past deployment 

what is the present deployment 

of the army? Some say that the 

army presence is still very 

strong? What do you feel? 

A. Whether normalcy returns or 

not there is a certain basic deployment 

that will always be there in 

Kashmir being a border state. We 

have people right up to Siachen and 

we are not guarding a thin line. It is a 

line with a lot of depth. The Line of 

Control (LOC) probably has a depth 

ranging from 5 to 10 kilometres and 

then there are a large number of civilian 

habitations that cannot be 

ignored. Everything in border zone is 

looked after by the army. 

In my time the Rashtriya Rifles 

had just started coming in. There was 

one battalion of Rashtriya Rifles that 

was in the Anantnag area. The second 

one came in the middle of 1994. 

Thereafter the battalions were in 

quite a large number. Had the 

Pakistani statement that we have 

650,000 people in Kashmir been true, 

we would have walked into Pakistan. 

We never had such numbers. 

Probably they are including CRPF, 

BSF and so on. Of course, with the 

Rashtriya Rifles coming in the numbers 

would have increased significantly, 

but we have to exclude the 

troops in the border area from our 

calculations. 

Q Army started the Project 

Sadhbhawana. What is it all 

about? Was it to counter the 

alienation of the people 

because of the army excesses? 

Was this project an image 

building exercise of the army? 

Has it succeeded? 



MILITARY VIEW 

A. “Sadhbhawana” means goodwill. 

Long time back we had an operation 

called Operation “Good 

Samaritan” which was run in 

Nagaland, Manipur, and so on. This 

involved a small force of engineers, 

veterinary and medical people 

grouped together with some plant 

and machinery working in the disturbed 

area of North East. When the 

locals discovered that the force was 

working for their benefit they 

pitched in and the army received a 

great deal of goodwill. 

So “Good Samaritans” is the 

father and mother of all 

“Sadbhawanas.” Arjun Ray started 

the Sadbhawana initially in the 

North of Kashmir and Ladakh where 

he was commanding the division. He 

did that with a gusto that was infectious. 

In fact on a visit to Kargil and 

certain areas of Siachen Glacier, 

where I had met a lot of locals, one of 

them said, “Saab if this gentleman 

stands for elections here people will 

vote in block for him.” 

Sadbhawana was nothing new to 

Kashmir. We were doing it even 

before Arjun came along. This is a 

straightforward civic action. When 

the administration ceases to be and 

the Deputy Commissioners don’t 

deliver and projects are restricted to 

paper the people are the worst sufferers. 

I recall during the 1993-1994 winter, 

there was a big blockade on 

National Highway 1 (NH1) from 

Jammu to Srinagar and beyond. 

Normally it should take a few days 

but this time it was almost a month. 

There was no food and kerosene in 

the valley. It was in the Kupwara side 

which was fairly militancy ridden. 

There was an SOS. We fortunately 

had buffer rations and we shared our 

rice, kerosene and flour with the 

locals. Civic actions do help in boosting 

up local morale. It is however 

wrong to link Sabhawana with the 

alleged army excesses. 

Q. How critical is the US role in 

Kashmir? 

A. First of all the US has no role 

to play in Kashmir. Is it any of there 

business what we are doing in 

Kashmir? We have always said that 

Kashmir is a bilateral issue. 

According to us there is no Kashmir 

problem and according to Pakistan 

there is one. That is where the Shimla 

agreement comes in. There cannot be 

third party involvement in it. Even 

the Americans are careful. They are 

saying that they will not advise anybody. 

Although Bill Clinton was fond 

of advising everybody, in our case he 

did not. Even Bush came here and 

made the statement “in case the 

Government asks for our help we 

will always be willing to facilitate 

affairs.” If we cannot deal with our 

own affairs in our own country then 

there is no point in taking the help of 

a third person who has not done very 

well in his own country. 

Q. How much are the chances of 

normalcy returning to the valley? 

Can you give us your 

view on what the future holds 

for Kashmir? 

What Kashmir needs 

is a first class 

district collector 

and police 

superintendent 

instead of the 

average kind of 

officers that are 

there. A modernised 

police set up to 

improve efficiency 

would go a long way 

A. It is a place of such infinite 

beauty. People are very friendly, simple 

and straightforward and it is a 

great pity that they have been subjected 

to some form of baptism by 

fire. I do not know how the situation 

is going to turn. Every time the butter 

begins to form on top of the churn 

something happens and we are back 

to square one. Chara-e-Sharief was a 

major setback. Of course we put 

through the elections when Farooq 

Abdullah came back. I saw the 

enthusiasm of the locals about the 

elections. A great deal of goodwill 

has been generated among the 

Kashmiris through medical treatment, 

education, rebuilding communications 

and bridges. 

A lot has been done and people 

are well disposed. Perhaps there will 

be another election shortly if the current 

government is not doing well. 

That is as far as the present and 

immediate situation is concerned. 

What Kashmir needs is a first class 

district collector and police superintendent 

instead of the average kind 

of officers that are there. A modernised 

police set up to improve efficiency 

would go a long way. I have 

seen police stations in Baramullah 

area which did not have even a toilet. 

Politicians must be made to understand 

that Kashmir will live beyond 

them. Feathering their pockets on 

public money is against the people’s 

interests and there should be provisions 

to recall such legislators. Good 

administration, good policing and 

eradication of corruption and the 

spirit of service among the political 

class – these are required to ensure a 

bright future for the state. 

Q Until the dispute is resolved is 

normalcy possible? 

A. It can come back. There is a 

bus running and cross border interactions 

between people have started. 

One must remember that usually 

militancy has a life span of 10 years, 

and here it is already 20 years - a long 

time for militancy to run. There is a 

fatigue factor that operates. The two 

nations have already fought three 

wars over it besides a small one in 

Kargil also. If good sense prevails, 

they should be able to freeze the situation 

as it is. In due course we will 

learn to live with each other. 

 

62 



HURRIYAT VIEW 

‘Taking up arms a compulsion 

not choice’ : Geelani 

Leader of separatist movement Syed Ali Shah Geelani justifies his stand on Kashmir on the 

basis of the two-nation theory opted for in 1947 at the time of partition of India and 

Pakistan. He spoke to Aaliya Anjum for this exclusive interview for Combat Law in 

Srinagar. Excerpts: 

Hurriyat Conference (G) 

Chairman, Syed Ali Shah 

Geelani, is a prominent 

Kashmiri separatist leader. A staunch 

advocate of Kashmir’s accession to 

Pakistan, his argument has mainly 

been based on the division of the 

Indian subcontinent on religious 

lines and the cultural and religious 

affiliations of the people of Kashmir 

with Pakistan. Lately though his 

statements seem to reflect his willingness 

to accommodate the proposition 

of an independent Jammu & 

Kashmir if the people of the state so 

desire. Seen as a hardliner whose 

stand on Kashmir has not softened 

over the years, the septuagenarian 

leader has recently undergone a 

surgery for renal malignancy. He has 

survived numerous assassination 

attempts, spent many years in prison, 

besides being off and on under house 

arrest. Yet, none of these could deter 

him from addressing massive gatherings 

all over Kashmir where he is 

seen as a firebrand orator. Donning a 

spotless white Pathan suit, he waits 

to make me and my two other colleagues 

to sit before he himself takes 

seat. I introduce Combat Law and we 

begin this conversation: 

Q. How would you justify your 

stand that Kashmir is a disputed 

territory? 

A. India was divided on the basis 

of Two Nation Theory. On July 25, 

1947, the then Governor General of 

India, gave the option to states that 

were not directly under British control 

to join either India or Pakistan or 

Q&A 

to remain independant.While doing 

so though, they had to consider three 

things. First, they had to consider as 

to which dominion their boundaries 

were connected. Second, whether the 

majority of the population was 

Muslim or Non-Muslim. Third, being 

cultural and religious affiliations of 

their population. Hyderabad declared 

independence. But India through 

Police action grabbed it. Junagarh 

declared accession to Pakistan as its 

boundaries were connected with 

Pakistan through Sindh and 

Rajasthan. India on the pretext that 

population of Junagarh did not support 

this move by its ruler, occupied 

it as well. 

If the guidelines I mentioned 

would have been taken into consideration 

in case of Jammu & Kashmir, 

there was no question that Jammu & 

Kashmir would have become a part 

of India. Seven-hundred-and-fifty 

miles of J&K’s boundaries are connected 

to Pakistan. In 1947, 85 percent 

of the population of J&K was 

Muslim. Besides, it also had cultural 

and religious affiliations with 

Pakistan. As the ruler of Kashmir at 

that time was a Dogra Hindu and 

was not concerned about the Muslim 

majority population of J&K, his inclinations 

towards India were obvious. 

And Sheikh Abdullah’s friendship 

with the late Jawaharlal Nehru also 

played a part in Kashmir’s accession 

to India. When India eventually sent 

its forces to Kashmir, Nehru had 

committed to the people of J&K that 

the forces would be withdrawn and 

the right to self-determination will be 

given to them. This is also a matter of 

fact that India referred the matter to 

the UN and after thorough discussions 

18 resolutions were passed. All 

of these were accepted and signed by 

India and Pakistan. This is an important 

legal point. The acceptance of 

these resolutions by India is a manifestation 

of India’s commitment to 

the world that Kashmir is not an integral 

part of India. It is a disputed territory 

and that India is committed to 

give the right to self-determination to 

the people of J&K. The struggle of the 

people of the state is aimed at achieving 

the fulfilment of this pledge that 

India had given. 

Ever since we have been facing 

the brutal and inhuman attitude of 

the Indian armed forces. In October 

1947 in Jammu, about 5 lakh people 

were massacred and 1 million were 

forced to migrate to Pakistan. Nehru, 

Abdullah and Hari Singh were 

responsible for the massacre of 

Muslims. Muslims were lured to 

migrate to the Muslim majority 

dominion of Pakistan. They were 

loaded in trucks and mercilessly 

massacred on their way to Pakistan. 



HURRIYAT VIEW 

Women were abducted, old aged 

people and children were killed by 

Indian Army, Dogra army and Hindu 

extremists. Right from that day, 

Indian forces are trying to subdue 

the voice of the people of J&K. We 

tried peaceful and democratic methods 

for the resolution of the dispute 

but to no consequence. We even contested 

midterm parliamentary elections 

in 1971 when Congress was the 

ruling party. Widespread rigging 

prevented our victory. In 1972 we 

contested again and five Jamat-e- 

Islami members succeeded. In the 

Legislative Assembly, they discussed 

the disputed nature of J&K and 

India’s commitment to fulfil the 

pledge it had given, but no heed was 

paid. In 1978 we contested elections 

again under the banner of Muslim 

United Front (MUF) and there was 

clear expectation that we will win 30 

seats. But due to the conspiracy of 

Indian National Congress and 

National Conference, our successful 

candidates were declared to have lost 

and they were taken to Hiranagar jail 

in Jammu province. After losing faith 

in the democratic system, and after 

India’s rejection of peaceful methods 

for achieving right to self-determination, 

our youth got frustrated and 

resorted to armed resistance. It was 

the compulsion for our youth, not 

their will. 

Therefore since 1988 we are facing 

the brutal force of the Indian 

Army. They have martyred about 1 

lakh people majority of them are 

civilians. Since the last 20 years 

10,000 people have gone missing 

from custody. More than one thousand 

unmarked graves have been 

discovered. Thousands of Kashmiri 

women have been raped by Indian 

Forces. A 10-year-old girl and her 

mother were gangraped in each 

other’s presence. In Badra Payeen village 

of Handwara, army entered the 

house of one Abdul Rashid. And 

when he escaped, they raped his 

daughter and wife. Mufti Mohammad 

Sayeed, the then chief minister of 

J&K and home minister of India 

Shivraj Patil were addressing a press 

conference. The intelligence agencies 

confirmed to Mufti Sayeed at the 

press conference that the mother had 

been definitely raped but the daughter 

is safe. It was clearly wrong information. 

Had Mufti Sayeed any dignity 

and any love and respect for his 

nation, he would have at that very 

moment resigned in protest. When 

we visited the victims, we could not 

stand the pathetic condition of the 

daughter. She had been gangraped 

first followed by her mother. On 

October 6, 2001, 30 Rashtriya Rifles 

from Langate camp declared a crackdown 

in Jaggerpora village. A villager 

Ibrahim Dar was ordered to 

arrange tea for 30 RR men. The army 

men tried to rape Ibrahim Dar’s 

daughter-in-law, the same woman 

who had prepared tea for them. 

Ibrahim Dar and his son who had 

been made to sit in the compound of 

the house tried to save the woman 

and both were martyred. On the 

same day two other persons were 

killed in the same village. One 80- 

year-old man was grazing his cattle 

During Hazratbal 

siege a peaceful 

demonstration in 

Bijbehara was 

attacked by BSF 

and 44 people were 

mercilessly killed 

and the other was a trader from a 

nearby village. 

In Kunan Poshpora village 

dozens of our women were gangraped. 

In Islamabad district’s Dooru 

Shahabad, during a crackdown on 

July 2, 2005 army entered a house 

asking the family to prepare tea for 

them. Zahida, a beautiful 12th class 

student in the family was noticed by 

sepoy Balvinder Singh of 6 RR who 

made up his mind to rape her. And 

on the midnight of July 30 and 31, he 

locked her father and others in one 

room and tried to rape Zahida. But 

she resisted fiercely only to be 

gunned down. During Hazratbal 

siege a peaceful demonstration in 

Bijbehara was attacked by BSF and 44 

people were mercilessly killed. On 

January 6, 1993 in Sopore one youth 

snatched the gun from a BSF soldier 

and in retaliation 200 shops and 

houses were gutted and 44 people 

were killed and thrown into the fire. 

On January 7, 1994, a peaceful procession 

in Handwara was fired at by 

the occupying forces and 22 persons 

were mercilessly killed. 

On January 26 the whole state 

particularly the valley observes strike 

against the Indian occupation. 

Kupwara also observed the strike on 

26th. The next day the army stationed 

at Kupwara fired bullets at 

people in shops and 22 people were 

killed. At Moulvi Farooq’s funeral 

procession nearly 65 people were 

killed. In 1990 at Gowkadal 50 people 

were killed mercilessly and countless 

houses were gutted and razed to the 

ground. In Bandipora, two Mujahideen 

had fired at the army outside the village 

but in a rage army burnt down 

12 houses. I have myself seen those 

12 houses. In Nadihal Kunan 

Babagund Village, two army men 

dressed as civilians tried to rape a 

girl. But her neighbors caught hold of 

them and brought them to the town 

in a procession. The procession got 

fired at, cane charged and tear 

gassed. Cases such as these are in 

hundreds and thousands. This is the 

situation the people of Kashmir are 

facing under the Indian occupation. 

Q. Do you think that demilitaristion 

can bring down the human 

rights violation levels to a certain 

extent? 

A. Not only demilitarisation will 

help. It has to be accompanied with 

India’s acceptance of the disputed 

nature of J&K and withdrawal of the 

Disturbed Areas Act, Public Safety 

Act and Armed Forces Special 

Powers Act. All these draconian laws 

are being used illegally, inhumanly 

and immorally. Indian forces should 

be withdrawn from the state because 

64 



HURRIYAT VIEW 

they are occupying forces. They have 

no moral, legal, human or democratic 

legitimacy to be here. Then it is the 

responsibility of the UN Security 

Council and the so called superpowers 

to come forward and prevail 

upon the Indian government and 

Indian leadership so that the right to 

self determination be given to the 

people of J&K. We are under extreme 

brutal attack of the Indian occupying 

forces and the world must awaken to 

it. I have read in the newspaper just 

now that in Shopian there had been a 

crackdown and some youth were 

mercilessly beaten by the occupying 

forces. This is a reaction to my 

addressing nearly five public gatherings 

with huge public participation 

in Shopian. They (forces) got provoked 

by this. They are communal 

minded as is evident from the 

Gujarat case. Without any hesitation 

or exaggeration I can tell you that all 

the forces stationed in J&K have a 

Narender Modi mind. All of them 

and there is no exception in this. 

Q The violence levels of the present 

as compared to the past few 

years are relatively low. Does it 

mean that peace has set in? Also 

what is your reaction to the 

proposition that the people of 

Kashmir are fed up with the past 

two decades of conflict and they 

no longer want to engage themselves 

with it? 

A. All the Indian Army officers 

are themselves admitting that there 

are not more than 2,000 Mujahideen 

in the whole state. And you can yourself 

think, what justifies the presence 

of 8 lakh army men in the state if they 

are fighting only 2000 Mujahideen. Is 

there any ratio? So, their fight against 

militants is a lame excuse. Actually, 

they are fighting against the masses, 

the common people. They are fighting 

against the people asking for 

right to self-determination. Even in 

case of these 2,000 Mujahideen, the 

Indian Armed forces claim to be 

killing 3-4 daily. Just yesterday I was 

in Sopore addressing a gathering of 

people and one can easily understand 

that majority of the people are 

not with India. They are demanding 

withdrawal of Indian forces from this 

land. And our youth are determined 

and loyal to the cause. 

Q. There is no consensus amongst 

the population of J&K or 

amongst the separatist leadership 

as to their aspirations on 

Kashmir. Do you agree? 

A. (Laughs) Majority of the people 

of J&K are of the opinion that 

they are slaves and must be set free 

from Indian occupation. This is an 

unquestionable mindset of the people. 

There is no need for only one 

platform for the expression of this 

opinion. Our group, the Mirwaiz 

group and JKLF, all are asking for 

self-determination. There are certain 

ideological differences though that 

cannot be resolved. For us, the only 

source of inspiration for the struggle 

is Islam. We cannot separate the 

political aspect from the religious 

aspect. This doesn’t matter to other 

groups. And if one separates politics 

from Islam one is not justified in 

holding a Muslim identity because 

Islam preaches (quoting a verse from 

the Holy Quran) that ‘O believers! 

you come into Islam completely’. A 

Muslim is not allowed to separate his 

aspects of life from Islamic sayings 

and guidance. And we cannot compromise 

on this. Whatever people 

may say but it is impossible for us to 

surrender as far as these ideological 

differences are concerned. 

Some say Kashmir is only a political 

problem. But for us, it is an 

Islamic problem. Our faith is getting 

attacked by the Indian activities. Be it 

the educational, social or economic 

systems, all of them are under Indian 

aggression. So we don’t ask for freedom 

alone, but also for the preservation 

of the Islamic faith. Others are 

not bothered. Liquor shops are being 

opened. In the education sector, our 

daughters are being taken to different 

Indian states where there is no 

guarantee of their safeguard. We 

have the moral responsibility as 

Muslims to take notice of all such 

things. However, as far as the plinth 

of our and other separatist groups 

Council and the so 

called superpowers 

to come forward 

and prevail upon 

the Indian 

government and 

Indian leadership 

so that the right to 

self determination 

be given to the 

people of J&K 

demands is concerned, it is the same 

in as much as our asking for the right 

to self-determination. But, if others 

try to dilute this basic point, we can 

have differences there as well. For 

example, others are busy in dialogue 

with India on bilateral level. We see it 

as futile exercise. Since March 23, 

1952, dialogue is continuous. And 

more than 130 times dialogue has 

happened. Some of the Kashmiri separatists 

are also busy in dialogue 

since 2002. What have they achieved? 

I will tell without any doubt or fear 

that until India accepts the disputed 

nature of J&K and withdraws its 

forces and the special powers of 

armed forces and other draconian 

laws the dialogue process will yield 

nothing. India’s objective is to consume 

time by keeping Pakistan and 

part of the Kashmiri leadership busy 

in dialogue so that they can reflect 

before the world that they are busy in 

making attempts for resolution of the 

Kashmir dispute. Therefore, India 

sees no need for international intervention. 

India wants to maintain status 

quo in Kashmir. Nothing else. 

They are using the American and 



HURRIYAT VIEW 

European Union support. America’s 

influence and pressure on Pakistan is 

increasing day by day. India is also 

benefiting from Pakistan’s internal 

problems. India otherwise is not 

interested to resolve the J&K dispute 

on the basis of historical facts and 

wishes of the people. They don’t 

have any respect for the sacrifices 

given by our people for a just and 

noble cause. 

Q. To you what would be an ideal 

dialogue process for Kashmir? 

A. We demand the implementations 

of the UN resolutions on 

Kashmir and India’s acceptance of 

the disputed nature of J&K. They 

should accept that J&K is not an integral 

part of India, it is a disputed territory. 

And that they are ready to 

resolve this dispute according to the 

wishes and aspirations of the people 

and on the basis of India’s partition. 

Then we would be ready to engage in 

dialogue. The dialogue should be 

maintained on tripartite level 

between India, Pakistan and the real 

representatives of the people of J&K. 

All the aspects including the historical 

background of J&K should be 

taken into consideration. 

India is not 

interested to 

resolve the J&K 

dispute on the basis 

of historical facts 

and wishes of the 

people. They don’t 

have any respect for 

the sacrifices given 

by our people for a 

just and noble 

cause 

Q. But the aspirations of the three 

regions of the state are fractured. 

How would you address that? 

A Whenever we refer to the whole 

population which is at this juncture 

13 million people, we refer to people 

residing in Azad Kashmir, Jammu, 

the Kashmir valley and Ladakh.We 

are not asking for right to self-determination 

only for Muslims but for 

the whole population of J&K irrespective 

of religion. And we have 

time and again declared that if the 

majority of the population of J&K 

will decide to be with India, we will 

accept the decision. If they want to 

accede to Pakistan, India should in 

other words respect the will of the 

people. 

Q And if the majority chooses to 

remain independent? 

A. That will be also taken into 

consideration. But we also have to 

note that the UN resolutions state the 

options of accession either to India or 

to Pakistan. However, if by dialogue 

all the concerned three parties decide 

by consensus that the whole J&K that 

existed before the 14th August 1947 

should attain independence, we 

would accept that. It would not be 

according to our wishes though. We 

believe J&K is a genuine part of 

Pakistan and it should become so. 

Q Do you think the judiciary is 

doing what is required to 

address human rights violations 

in Kashmir? 

A. Not at all. Even courts are 

under pressure. Whenever a detention 

is quashed, the person released 

is again imprisoned by the forces and 

taken to different interrogation centers 

and tortured. Thousands of people 

have disappeared in custody, 

what are courts doing about that? 

Nothing at all. See Jalil Andrabi’s 

Case. He was a leading advocate. He 

was mercilessly killed and martyred. 

But his murderer is in Canada. And 

Courts are doing nothing. 

Q What can be an alternative? 

A. There should be a war crimes 

tribunal for Kashmir. We have 

requested so many times for its establishment 

in conformity with the public 

demand of holding the violators of 

human rights in J&K accountable. 

Pakistan could have helped with its 

establishment but unfortunately it is 

under the influence of America and 

Britain. The US and Britain are part of 

the UN Security Council and therefore 

they are in a position to help in 

this respect. We personally are helpless. 

We can only raise our voices. The 

civil society groups and the Kashmiri 

Diaspora have a role to play. But 

unfortunately they are not taking any 

interest as far as the sufferings of the 

people of J&K under Indian occupation 

are concerned. 

Q Why do you think the international 

community has kept silent 

on Kashmir inspite of its human 

rights scene being akin to the 

most publicised armed conflicts 

in the world? 

A. At this juncture, there is no 

country at the global level that is 

morally conscious. Their politics is 

based on their economic and personal 

interests. This is an unfortunate 

aspect of the whole human civilization 

that there is no system based on 

morality, based on humanity and 

oneness of the people. America, 

Britain and the Muslim world, all 

have their own interests. They are 

not taking a bold stand on J&K. If the 

57 Muslim countries stop the supply 

of oil to India for one day, India will 

submit to the will of the people of 

J&K. But nobody is ready to take 

these steps. For example, Hamas 

gained its position by democratic 

means in Palestine and America was 

not happy for this as Hamas believes 

in Islam. Hamas declared adoption 

of Islamic methods for running the 

affairs of Palestine. America created a 

situation for Hamas where they 

could not pay salaries to their servants. 

On the other hand in 2006 they 

66 



HURRIYAT VIEW 

gave 27 million dollars to Mahmoud 

Abbas so that Fatah becomes more 

forceful against Hamas. Therefore 

Hamas remains imprisoned in Gaza 

while Mahmoud Abbas runs the dialogue 

with Israel and America. As far 

as the American policy is concerned, 

it is extremely against Muslims and 

the Islamic system. Bush has 

declared that he is fighting against Al 

Qaeda, Taliban and against all those 

people who have ideological affiliations 

to the Islamic system. 

Q What do you think of Indian 

media’s coverage of the 

Kashmir conflict? 

A. The Indian media are biased 

on the Kashmir situation. Their first 

priority is the preservation of their 

national interest. The have openly 

declared that they would not raise 

any question that would demoralise 

the Indian forces in Kashmir. So they 

are not taking any notice of rape 

cases, gutting of houses, custodial 

killings, and the brutal attitude of 

occupying forces in Kashmir. None 

of them take any interest. Not even 

the Indian newspapers. And even the 

language they use for Kashmir is 

motivated. They are under the pressure 

of national interest and nationalism 

which is dangerous for their 

human and moral values. 

Q What is your argument against 

the exercise of elections in J&K. 

And there is a difference of opinion 

between you and Jamat-e- 

Islami with them favoring elections 

for the purposes of governance. 

How do you react to that? 

A. The first argument is that India 

is exploiting elections though it 

would not have any direct effect on 

the Kashmir question at the international 

level, particularly because 

there is a UN Security Council 

Resolution of 1952 that no election 

will affect the disputed nature of 

J&K. But India exploits this. 

Whenever people go to the polling 

booths, their pictures are taken and it 

is being projected to the world that 

people of J&K are voting for India. 

We must check this exploitation of 

Indian Imperialism. The second 

thing is that the people become parties 

to the exploitation by supporting 

the people who are raping our mothers 

and daughters, who are gutting 

our houses. There is no moral justification 

for casting votes in favour of 

the enemies of our people. Those 

who are responsible for dehumanising 

the people of J&K. Opposing this 

is a reflection of our Islamic ideology 

and those who say that elections are 

alright for development are not considering 

these facts. Most members 

of the Jamat-e-Islami support us by 

attending our public meetings. And 

they are also supporting our stance 

on boycotting elections. 

Q Are there any lessons for Kashmir 

one can draw from the cases of 

East Timor and Kosovo? 

A. The picture is very clear. In 

East Timor there was a Christian 

majority. They raised their voice for 

separation from Indonesia for only 

two years and they achieved it. One 

can observe the biased attitude of the 

world community through this case. 

We are Muslims demanding for our 

basic rights since 1947 but the world 

is blind to our demands. In case of 

East Timor, because of the world’s 

religious affiliations with the 

Christian population, the international 

community was very supportive. 

Kosovo achieved independence 

because of the differences between 

Russia and the Western countries. 

The west wanted Russia to be let 

down. But the major factor is the 

courage of the people of Kosovo. 

They have given a lot of sacrifices to 

achieve independence. That is appreciable. 

We pray for their successful 

future. 

Q What do you have to say about 

the J&K government’s decision 

to transfer forest land to SASB 

(Shri Amarnath Shrine Board)? 

Even courts are under 

pressure. Whenever a 

detention is quashed, 

the person released is 

again imprisoned by 

the forces and taken to 

different interrogation 

centers and tortured. 

Thousands of people 

have disappeared in 

custody, what are 

courts doing about that 

A. It is illegal and Immoral. This 

is Israeli tactics the government is 

trying to use in J&K. Israel adopted 

the same policy by purchasing land 

in Palestine. And consequently 40 

million Palestinians are living as 

refugees in different countries. They 

are suffering because there is no land 

left in Palestine. Eight lakh canals of 

land are under Indian occupation. 

Wherever they see any free land, 

they forcibly occupy that land. It is 

the present governor’s idea to grab 

the land in the name of the Hindu 

religion. The SASB is being used for 

this purpose. Another aspect is that 

non-state subjects would be taking 

custody of the land, which is against 

Article 370 and the constitution of J & 

K. Their occupation will result in poisoning 

of the surrounding environment 

by affecting the forestland and 

polluting the water of the Lidder 

River as thousands of people are 

expected to be staying at the residential 

quarters and huts they are planning 

to construct. Yatra used to run 

only for 10 days but the governor has 

extended it to 2 months now. Now 

one can imagine the extent of negative 

impact it can cause to the fragile 

environment. 

 



HURRIYAT VIEW 

‘Dialogue instead of deadlock’: 

Mirwaiz Umer Farooq 

Q&A 

For 15 years, Mirwaiz Umer Farooq has 

not only held the highest religious title in 

Kashmir, but also been active in the state’s 

politics. The term Mirwaiz stands for 

hereditary religious leader of Muslims in 

Kashmir, and Umer Farooq’s family has 

held this title since 1947. Remarkably, 

young leader entered the choppy waters 

of Kashmir politics as a teenager. This was 

when his father, Mirwaiz Mohammed 

Farooq (also chief of the Awami Action 

Committee), was assassinated in 1990. 

After taking over as the 12th Mirwaiz, 

Umer Farooq became the chairman of the 

Hurriyat in 1993. He spoke to Amrit Dhatt 

for this exclusive interview for Combat 

Law. Excerpts follow: 

QWhat do you think is the 

ideal solution to the 

Kashmir problem? Do you 

think the implementation of the 

UN resolutions is required? 

A. Well I think the basic concept 

of the Hurriyat Conference is that the 

problem has to be addressed in 

accordance with the wishes of the 

people. We believe that we have two 

mechanisms: one is the implementation 

of the UN resolutions and the 

other one is a dialogue between the 

parties concerned -- India, Pakistan, 

and Kashmiris. So, both are acceptable 

to us but given the present scenario, 

I think it’s a bit unlikely that 

the government of India is going to 

implement the UN resolutions so we 

believe that dialogue, tripartite talks, 

should begin. Once the process is initiated, 

then we can talk of a solution. 

Right now we don’t have a process 

where India, Pakistan, Kashmiris are 

talking in detail. So let the process 

start and after that we can find a 

solution. 

Q How do you define self-determination 

in light of the different 

ideological positions that exist 

in the three regions of the valley? 

A. Well we do believe that there 

are different ideologies of the valley 

in terms of the people that are living 

in Kashmir. When we talk about 

Kashmir, we don’t only talk about 

the Indian side of Kashmir, we talk 

about the other side of Kashmir -- so 

we talk about the five regions of 

Kashmir. These five areas constitute 

the state of Jammu & Kashmir. In 

that context, the Hurriyat has supported 

the concept of self-determination 

or self-rule, or self-governance. 

Regional aspirations can also be 

taken into consideration but at the 

same time, a relationship between 

different regions can also be maintained. 

So, we are saying that let 

India and Pakistan give an opportunity 

to people of all the five regions 

to sit and interact because right now 

we don’t have a mechanism where 

we can talk to the other leadership so 

we have to depend on India and 

Pakistan to provide the travel documents. 

Let India and Pakistan start 

the process and invite the Kashmiri 

68 



HURRIYAT VIEW 

Being a political party, 

we do have human 

rights rings and we do 

have a cell. But, you 

know, our reports and 

our findings are 

rejected by the Indians 

because they said we 

are a biased political 

forum 

leadership and let there be an intra- 

Kashmir dialogue and then we can 

talk in terms of future goals. 

Q Do you believe in dividing the 

state on communal lines? 

A. No. We don’t believe in that. 

We believe the state of Jammu & 

Kashmir has always depicted unity, 

harmony, and tolerance. Although, 

yes we agree that there are Muslims, 

Hindus, and Sikhs living in Kashmir, 

but at the same time we are of the 

view that there can be no solution on 

religious lines. It will create more 

problems. 

Q How do you respond to commentators 

that your stance has 

softened over the years? 

A. We believe that the Hurriyat 

Conference is a realistic and pragmatic 

forum and we believe in realism 

and pragmatism. As Kashmiris, 

we are the sufferers. India and 

Pakistan can afford to wait and they 

have waited for 60 years to address 

the problem but we are the ones who 

are suffering. Kashmiris are getting 

killed in Kashmir. Today we are seeing 

that there is a ceasefire on the 

border and there are no Indians getting 

killed or no Pakistanis getting 

killed. It is the Kashmiris who are 

getting killed and I think it is the 

imperative duty of the Kashmiri 

leadership to come up with ideas, 

suggestions, proposals, and come 

onto the negotiating table. It doesn’t 

serve our interests to keep the potboiling. 

We reject this criticism that 

Hurriyat has softened its stance but 

yes, as the leadership’s duty is to lead 

and find means to address people’s 

concerns, we can’t be mute spectators 

to the fact that people are dying and 

we are just waiting for the UN resolutions 

to be implemented and talking 

about UN role while the UN is 

clearly saying that we are not interested 

and that the resolutions have 

become obsolete. So that’s why we 

believe in a new approach and yes, 

through dialogue and negotiations. 

We don’t believe in a “sell out” but 

we have to find a way out. 

Q What is your stance on 

demilitarisation? 

A. We are in support of demilitarisation. 

I think that 80 percent of 

the problem would be solved if 

Indian troops and Pakistani troops 

leave the state of Jammu & Kashmir. 

Pakistan has voluntarily said they are 

willing to do so if India is willing to 

do so. The fact is as you might have 

seen, India is not ruling Kashmir on 

the basis of its moral position but it’s 

clearly on the basis of its military 

might. People don’t want the Indian 

army to be here. They are the main 

cause of irritation, they are the main 

cause of human rights violations, 

and you can’t justify any peace process 

when you have more that 

450,000 troops on the ground. So 

Kashmir has the world’s highest concentration 

of troops where the ratio 

of the army to the population is concerned. 

Q In what ways is your party 

involved in human rights 

advocacy? 

A. Being a political party, we do 

have human rights rings and we do 

have a cell. But, you know, our 

reports and our findings are rejected 

by the Indians because they said we 

are a biased political forum. So we 

welcome any neutral group, any neutral 

agency to come and see the situation 

on their own while we condemn 

and deplore violations committed 

by the Indian forces. The 

Hurriyat Conference has also been 

condemning the violations committed 

by the other non-army people 

whether they are the militants or 

supporters of the India army (renegades 

or other people). So we believe 

in human rights, although we are trying 

our best, we have given cases to 

the Indian Human Rights 

Commission and state’s human 

rights commission in Srinagar but 

unfortunately no heed is paid to our 



HURRIYAT VIEW 

cause so we believe that international 

NGO’s and Indian civil society 

should come forward because 

Kashmir is more than a political 

problem, it’s a human problem. 

Q How is your role as a religious 

leader connected to your role as 

a political leader? 

A. If you look at the society in 

Kashmir, I would say that religion 

has played a very important role in 

the society. And as a Mirwaiz and as 

a religious head, I go to the mosque 

and give my sermon (on Fridays). I 

cannot be a (mute) spectator to what 

has happened through the week. It is 

my duty to talk about religion but at 

the same time it is also my duty to 

talk about society too. So that’s why 

when you talk of society in Islam, it is 

not something, which is different 

from religion. We believe in a process 

be it religion, politics, social issues, 

social interactions -- they are a part of 

an overall process. So that’s why I 

have to talk about religious issues as 

well as about politics. As a mirwaiz 

or as a Muslim, I don’t differentiate 

between politics and religion. I 

believe this leads in the same direction. 

So that’s why I have 

to talk about 

religious issues as 

well as about 

politics. As a 

mirwaiz or as a 

Muslim, I don’t 

differentiate 

between politics 

and religion. I 

believe this leads in 

the same direction 

Q What is your stance on the 

upcoming elections? 

A We are not against elections 

but no one-way process can help 

address Kashmir. The elections are a 

purely administrative problem. 

Elections have been held since 1947 

until date but no election process has 

been a substitute for self-determination. 

The problem has not vanished 

after elections. So I don’t see elections 

as an alternative mechanism to the 

issue of Kashmir. And then you have 

a clear guideline with the UN vis-àvis 

Kashmir that no electoral process 

in Kashmir can be a substitute for 

self-determination. We are telling 

India that yes; we are ready for elections 

provided that elections are held 

for a cause, for a reason. That reason 

should be a political settlement of the 

Kashmir issue, not administrative 

issues like the chief minister or the 

assembly. These things are not related 

to Kashmir so we have to differentiate 

between the peace process and 

the electoral process. It’s purely a 

governance issue. It is not related to 

the Kashmir issue. 

Q What response would you 

like to see from the youth of 

Jammu & Kashmir? 

A. We know that there is a lot of 

frustration, there is a lot of anger, a 

lot of resentment among the youth 

and given the situation, they are 

under tremendous pressure. I think 

that the youth have shown time and 

again, that as far as their commitment 

with the movement is concerned 

it is absolute. Commitment is 

not the only thing we need, we need 

a direction, a modus operandi, and 

that is what the Hurriyat is working 

towards. The dialogue process or 

looking for options, looking for solutions 

or proposals is something that 

is instrumental to the movement. 

Whether we go to Pakistan or to 

India and talk to anyone is in the 

direction of finding an amicable and 

lasting solution. So we are telling the 

youth that the Hurriyat Conference is 

committed to the issues of political 

settlement and political future. At the 

Commitment is not the 

only thing we need, we 

need a direction, a 

modus operandi, and 

that is what the 

Hurriyat is working 

towards. The dialogue 

process or looking for 

options, looking for 

solutions or proposals 

is something that is 

instrumental to the 

movement 

same time, there are other issues like 

education, jobs, and other problems, 

which unfortunately cannot be 

addressed unless and until the political 

stability is attained on the 

ground. I would say that they 

Hurriyat is working on that and we 

are looking at the suggestions and 

options and other proposals and we 

believe that if India and Pakistan also 

contribute in the positive sense, India 

should not waste its time on issues 

like elections and economic packages 

and other things because we have 

seen in the past that they have not 

helped the cause. We should focus on 

the political settlement, look at suggestions 

and come and discuss with 

an open mind and an open heart and 

then try to analyse how we can move 

forward. We believe that it’s a gradual 

and step by step process and that is 

what the youth of Kashmir and the 

people of Kashmir have to be ready 

for. 

 

70 




Amarnath row: 

Communalists are back to business 

A row set off by the move 

to hand over a piece of 

land to a pilgrimage 

centre in Jammu & 

Kashmir has revved up 

hate mills that spin 

sectarian politics. Not just 

chief minister but sanity 

too bolted out before 

another governor could 

retrace his predecessor’s 

disastrous steps in what 

looks like a belated 

damage control exercise, 

writes Praful Bidwai 

As has been famously said, a 

week is a long time in politics. 

Jammu & Kashmir has 

once again proved the validity of this 

aphorism with the crisis over the 

transfer of land to Shri Amarnath 

Shrine Board (SASB). The week-long 

protests this triggered not only led to 

the dramatic collapse of the 

Congress-People's Democratic Party 

alliance government, but may have 

generated major negative changes in 

the political mood in the Valley. This 

could help revive the separatist militancy 

which has been on the wane for 

more than two years. It may also 

have strengthened forces in the other 

regions of the state, which would like 

to divide it along religious lines. All 

these are worrisome developments. 

To start with, the protests 

impelled the PDP to withdraw from 

the ruling coalition on June 28. 

Jammu & Kashmir Chief Minister 

Ghulam Nabi Azad first put a brave 

face on the crisis this precipitated but 

he soon threw in the towel. Rather 

than go through the vote of confidence 

he had himself tabled, Mr 

Azad submitted his resignation to 

Governor N N Vohra. 

Evidently, despite his confidence 

that he would win the vote, Mr Azad 

failed to engineer enough abstentions 

in the legislative Assembly by 

PDP dissidents and other potential 

defectors, which alone could have 

enabled the Congress and its allies 

(with 42 seats in the 89-member 

House) to fight off the 47 seat-strong 

opposition and survive in power till 

the Assembly elections are held in 

October. 

Meanwhile, the revocation by 

Governor Vohra of the order transferring 

land to the SASB set off a conflagration 

in the Jammu region, 

which soon spread to other parts of 

India thanks to the Bharatiya Janata 

Party’s eagerness to exploit the situation 

to its own narrow ends. 

The fall of the Congress-PDP 

coalition government, the first of its 

kind in J&K, is a setback to the cause 

of moderation and political reconciliation 

in the long-troubled and restive 

state. This is only one of the many 

casualties extracted by the crisis over 

the transfer of forestland, and the 

violent protests this generated. 

The crisis has taken an even 

greater toll in the form of a collapse 

of the political normalisation process 

and an eclipse of the internal peace 

process in Kashmir. The danger, as 

we see below, is that this may lead to 

a revival of militant separatism in the 




Valley and a general shift towards 

intolerance and assertion of religionbased 

or communal identities in all 

the regions of J&K. 

The gains of the past six years -- a 

substantial decline in violence by 

jehadi separatists and by the security 

forces, a revival of the economy, a 

boom in the tourist industry, increasing 

isolation of strident extremism, 

and a general acceptance of mainstream 

political activity and electoral 

politics -- could now be in jeopardy. 

In Kashmir, the biggest winners 

from the crisis are the Hurriyat hardliners 

led by Syed Ali Shah Geelani, 

who until recently got completely 

isolated thanks to his extremist positions. 

No less important gainers are 

the leaders of the moderate Hurriyat, 

led by Mirwaiz Umar Farooq, who 

have moved from near-isolation and 

irrelevance to prominence through 

their staunch opposition to the land 

transfer on the ground that it would 

bring about a demographic transformation 

of the Valley. The two 

Hurriyat factions are now discussing 

unification. 

Nationally, the greatest gainer is 

the Bharatiya Janata Party, which has 

cynically exploited the return of the 

land to the forest department to 

foment violent Hindu-communal 

protests in different parts of the 

country. The death toll from the 

protests has already crossed the double-digit 

mark. 

There are no heroes, only villains, 

in the entire SASB land transfer 

drama. The greatest villain is 

unquestionably former Governor Lt- 

General SK Sinha, a BJP appointee, 

who just days before his retirement 

on June 4 ordered the state government 

to transfer 100 acres of forest 

land to the board of which he is the 

president. The land was to be used to 

provide temporary accommodation 

to pilgrims to the Amarnath shrine, 

where a stalactite of ice forms in a 

cave. The land transfer was manifestly 

illegal and violated the Forest 

Conservation Act. 

General Sinha has over the years 

systematically encouraged pilgrimage 

to this ecologically fragile area at 

an altitude of 10,000 feet, carved out 

a new route through the mountains, 

promoted all kinds of tourist facilities 

including a helicopter service, 

and extended the duration of the 

yatra from four weeks to eight weeks 

every year -- although the ice lingam 

lasts for only one month. The result 

has been a several fold increase in the 

number of pilgrims to 4 lakhs, with 

huge environmental destruction and 

mounds of polluting waste. 

The state forest minister, who 

belongs to the PDP, went along with 

all this, including the land transfer. 

Also complicit was Deputy Chief 

Minister Muzaffar Ali Baig, of the 

PDP. The PDP falsely claimed that it 

had been blackmailed into agreeing 

to the transfer by the Congress which 

threatened to block the rebuilding of 

the old Mughal Road, to connect the 

Valley to the Muslim areas of Rajauri 

and Poonch. When the news of the 

transfer leaked out, and protests 

erupted, the PDP took a U-turn and 

presented itself as a helpless victim. 

The Congress should have 

removed General Sinha long ago, but 

failed to do so. It succumbed to his 

unreasonable pressure while ignoring 

the Forest Act, and was guilty of 

venality and blatant manipulation of 

the state machinery. Such venality 

contributed in the past to the alienation 

of the Kashmiri people from 

the Indian state, and created a 

cesspool of grievances and injustices, 

which the separatists used to their 

own advantage with help from 

Pakistan’s secret agencies. 

No less culpable was the National 

Conference, whose leader, Dr Farooq 

Abdullah, established the SASB in 

2000, thus taking the pilgrimage’s 

charge away from the Muslim family 

which had discovered the cave in the 

1850s and looked after it ever since. 

This was a case of the government 

wantonly interfering with what had 

been a worthy instance of spontaneous 

Hindu-Muslim harmony and 

cooperation -- and then messing 

things up. 

When protests erupted in the 

Valley over the land transfer, 

Hurriyat leaders jumped into the 

fray. They had been marginalised 

ever since General Pervez Musharraf 

When protests erupted 

in the Valley over the 

land transfer, Hurriyat 

leaders jumped into 

the fray. They had been 

marginalised ever 

since General Pervez 

Musharraf moved 

away from the azadi 

agenda and proposed 

autonomy for the 

different regions of 

J&K 

moved away from the azadi agenda 

and proposed autonomy for the different 

regions of J&K without 

redrawing borders. In recent weeks, 

they had even come around to a position 

of not opposing and boycotting 

the coming Assembly elections, 

unlike in the past. 

Rather than make a gesture of 

generosity to religious Hindus, in 

keeping with Kashmir’s syncretic 

culture, the Hurriyat leadrers and 

JKLF chief Yasin Malik falsely depicted 

the land transfer as a means of 

forcibly settling Hindus in the Valley 

and an assault on the Kashmiri identity. 

This was patently absurd given 

the tiny size of the plot and the 

makeshift prefabricated structures 

being erected on it. 

They gave a religious-communal 

colour to the issue by deliberately 

organising processions to and from 

the Jama Masjid and the Hazratbal 

shrine. This falsified their claim to 

the “nationalist” mantle. They also 

tried to present the protests as spontaneous 

eruptions of popular anger 

against India’s Kashmir policy and 

the heavy presence of security forces. 

They maligned the peace process 

itself as a way of perpetuating the 

72 




Kashmir status quo. This was the 

Hurriyat’s way of regaining its lost 

relevance, but this could only happen 

at the cost of yielding to the 

hardline Geelani faction. 

In reality, the protests were driven 

by the same narrow-minded and 

parochial motives as were evident in 

the earlier mob violence over the 

“sex scandal” issue, in which vigilante 

squads went on the rampage 

and burnt down the house of a 

woman suspected to be responsible 

for it. The protests caused great hardship 

to the public by disrupting the 

movement of essential supplies, 

including food and fuel. 

The Valley protests polarised 

opinion in J&K and were replicated 

like a mirror-image in the Jammu 

region under the leadership of the 

BJP. The BJP, true to type, has instigated 

violent protests in other parts 

of India by drumming up its 

favourite but utterly fraudulent slogan 

of “Muslim appeasement” and 

“anti-Hindu prejudice” on the part 

the United Progressive Alliance. This 

is infusing sectarian divisiveness and 

communal poison into religious 

beliefs and rituals. 

All this can only help the Valley’s 

hardline separatists revive the jehadi 

militancy which has been on the 

wane and lost its popular appeal. 

Separatists are no longer able to 

recruit cadres. But if the present 

polarisation continues, the danger is 

that this might change and Kashmir 

The Valley protests 

polarised opinion in 

J&K and were 

replicated like a 

mirror-image in the 

Jammu region under 

the leadership of 

the BJP 

could return to the rule of the gun -- 

with disastrous consequences for all 

of South Asia. 

The two Hurriyat factions’ leaders 

are now holding talks to work out 

the “modalities for Hurriyat unity” 

and have set up a six-member committee. 

The talks are being held within 

a framework which concedes a 

great deal to Geelani and seeks to 

dilute the basis on which the moderates 

under Farooq split away from 

Geelani after Musharraf changed his 

Kashmir stance and proposed his 

famous four-point formula, effectively 

turning his back on the separatist 

demand. The hardliners insist that 

the Hurriyat holds no more talks 

with New Delhi, but demands tripartite 

negotiations between India, 

Pakistan and the Kashmiris. 

The Geelani faction also wants 

the Hurriyat to launch an active campaign 

for the boycott of the coming 

assembly elections, which the moderates 

had decided not to do. Geelani 

wants the old United Nations 

Security Council resolutions on 

Kashmir to be the starting point for 

any solution to the Kashmir issue. 

If the Farooq faction concedes 

these demands, it stands to erode its 

role as a force restraining extremism, 

with an ability to play a positive role 

in Kashmir and take the peace process 

forward. 

A special responsibility now 

devolves on Governor Vohra to use 

all the contacts he has cultivated as 

the Centre’s special envoy for the 

Kashmir dialogue to help overcome 

the sense of alienation from the 

Indian State that significant sections 

of the Valley people feel. This sense 

has been heightened by the protests 

on the Amarnath land issue. 

Vohra must employ his considerable 

experience as a former Home 

Secretary and all his skills of persuasion 

to pacify and stabilise the situation 

in Kashmir by acting transparently 

in good faith. He must also 

strongly resist the demand for 

Jammu & Kashmir’s trifurcation 

along religious lines -- a demand that 

spells a major departure from the 

India must pursue 

the new round of 

dialogue with 

Pakistan, launched 

late last month with 

the visit of Foreign 

Minister Shah 

Mahmood Qureshi 

to New Delhi 

cause of pluralism and secularism. In 

particular, he must activate and 

accelerate the deliberations of the 

five Working Groups set up at Prime 

Minister Manmohan Singh’s initiative 

in 2006. 

These Groups are meant to deal 

with improving the Centre's relations 

with the state, furthering relations 

across the Line of Control 

(LoC), giving a boost to J&K’s economic 

development, rehabilitating 

the destitute families of militants and 

reviewing the cases of detainees, and 

ensuring good governance. 

The Centre, for its part, must pursue 

the peace process in Kashmir 

with vigour and sincerity. However, 

it won't be enough to resume the 

domestic peace process alone. India 

must pursue the new round of dialogue 

with Pakistan, launched late 

last month with the visit of Foreign 

Minister Shah Mahmood Qureshi to 

New Delhi. 

In particular, the two governments 

must quickly resolve the 

Siachen and Sir Creek disputes, liberalise 

visa regimes and expand economic 

cooperation. That's the best 

way of bringing Pakistan on board 

and neutralising militant separatism 

in Kashmir while overcoming popular 

alienation. 

— The writer is a senior journalist 

and political commentator 



Sectarian positioning 

with an eye upon votes 

fuelled the controversy 

over Amarnath land 

transfer issue, writes 

Sant Kumar Sharma 

from Jammu 

Inventing a controversy 

An ugly controversy on diversion 

of land to Shri Amarnath 

Shrine Board (SASB) has led 

to the ouster of Ghulam Nabi Azad 

government in Jammu & Kashmir. 

On July 7, Azad made an emotional 

speech in state assembly while moving 

the motion for a trust vote. He 

listed his achievements, praised the 

generosity of the central government 

in liberally funding various projects 

to the state and decried separatists. 

But instead of asking for a division of 

votes to prove his majority he opted 

out and tendered his resignation to 

governor Narendra Nath Vohra. 

Azad sought to redeem some 

moral ground by claiming that he 

did not want to stick to his position 

amid an ugly Jammu versus Kashmir 

battle. Nevertheless, Azad was faced 

with a very real threat of losing the 

trust vote in the assembly in a highly 

surcharged atmosphere. Events leading 

to Azad’s dramatic exit were triggered 

by the flip-flop of the state 

government on the diversion of 800 

kanals of land to SASB. 

The SASB is entrusted with the 

responsibility of conducting the 

annual Amarnath yatra. Broadly, its 

mandate is to provide facilities to the 

pilgrims who visit the holy cave of 

Shri Amarnath in south Kashmir. In 

fact, it would be more appropriate to 

say that it creates and regulates facilities 

for the pilgrims. 

The cave is located in a snowfall 

area far beyond the tree line on higher 

reaches and can be accessed only 

for about three months in a year. For 

the rest of the year it remains under 

heavy snow and, thus, is difficult to 

reach. 

The facilities created for the pilgrims 

are temporary in nature and 

comprise mainly pre-fabricated huts, 

mostly toilets, since it does not make 

sense to try to create any permanent 

or even semi-permanent structures 

on glaciers 

So the land was diverted, temporarily, 

for the duration of the pilgrimage, 

to the SASB by the state 

government led by the Azad. 

Incidentally, the allotment was made 

Azad sought to redeem 

some moral ground by 

claiming that he did 

not want to stick to his 

position amid an ugly 

Jammu versus Kashmir 

battle 

by the government on the recommendations 

of the forest ministry 

headed by Qazi Mohammed Afzal, 

his cabinet colleague Tariq Hamid 

Qarra and Deputy Chief Minister 

Muzaffar Hussein Beigh. All the 

three gentlemen belong to the 

Peoples Democratic Party (PDP), a 

coalition partner in Azad-led government. 

The three PDP ministers headed 

the forest, law and the tourism 

ministry, respectively. Besides, Mr 

Beigh was the number two in the 

state cabinet. 

Azad took rather unusual step of 

addressing a press conference and 

going on record in public that the 

inputs of the trio formed the very 

basis of land allotment. Speaking to 

reporters in summer capital Srinagar 

on June 25, he categorically said that 

his cabinet colleagues from PDP 

were involved in the process of land 

allotment, from the very beginning! 

His statement came in the wake of 

PDP leader Mufti Mohammed Sayeed’s 

demand for cancellation of allotment 

of land. Earlier, Azad had offered to 

convene an all-party meeting to 

thrash out the issue. This olive 

branch mainly meant for Mufti was 

torn to shreds rather unceremoniously. 

Mufti first threatened to part ways 

with the Congress over what PDP 

termed as an ‘anti-Kashmiri move’ 

and then actually did this. 

74 




Part of the diverted land falls under Ganderbal, the 

electoral constituency and virtual fief of the Abdullahs for 

decades till Qazi Afzal trounced Omar in 2002 assembly 

elections. Farooq sensed an opportunity of nailing down 

his bete noire and thus threw the proverbial first stone by 

questioning the wisdom of the land allotment to SASB 

though initially there was no reaction in the valley against 

the move. Farooq Abdullah’s reaction to the land allotment 

was not strident or tough. Yet it made news. And 

then all hell broke loose after the then chief executive officer 

of the Shri Amarnath Shrine Board Arun Kumar made 

a statement which communalised the whole situation. 

Kumar has ever since been attached to the general 

administration department, as punishment for alleged 

violation of civil services rules (CSR). In his defence, 

Kumar says that he stepped in only when rumours about 

Hindu colonisation of Kashmir valley by the SASB 

became rather vicious. He also pointed out that it was his 

duty as Chief Executive Officer (CEO) of the SASB to try 

to set the records straight. In fact, the timing of the whole 

episode also made it very peculiar. It happened when Lt 

Gen (retd) S K Sinha, the then governor, was about to 

demit office (he did so on June 25) and as chairman of the 

SASB he left it to Kumar to speak about. 

At that time, rumours were floating in Kashmir that 

the SASB was hatching a sinister conspiracy to change the 

essentially Muslim demography of the Kashmir valley. 

Several local newspapers had written, either directly or 

insinuated that large numbers of Hindus would be 

brought in from outside and settled on the land diverted 

to the SASB. Never mind the fact that it is not possible for 

anyone to settle on such heights where not a blade of 

grass grows. The newspapers also conveniently glossed 

over the fact that under Article 370, no outsider can 

become a permanent resident of Jammu & Kashmir. 

Separatists fanned these rumours and mobilised large 

crowds for protest. This led to death of five persons 

across the valley. 

The two mainstream political opponents fighting for 

the Kashmiri Muslim votes, the NC led by father-son duo 

of Farooq and Omar Abdullah, and the PDP led by fatherdaughter 

combine of Mufti Mohammed Sayeed and 

Mehbooba Mufti, are largely to blame for what happened. 

They made no effort whatsoever to counter the 

bogey of Hinduisation of Kashmir. Of the two, the PDP 

will have to take a large share of the blame as it was a part 

of the ruling coalition when it all started. 

When contacted for their comments, most of the NC 

leaders explained why they kept quiet and looked the 

other way: As opposition party, it was not their responsibility 

to help the government. Going a step further, they 

also accused the government of failing to solicit its support 

for normalising the situation. Not that Congress 

party, which was leading the government, did not contribute 

to vitiate situation by failing to scotch rumours of 

Hindu colonisation of Muslim Kashmir. 

— The writer is a Jammu-based freelance journalist 

Pilgrims’ needs 

Treacherous yatra route and inclement 

weather should not leave room for petty 

politics 

Twelve years ago, a raging snowstorm claimed 

lives of 250 pilgrims. When the calamity 

struck, hundreds of them were stranded without 

shelter amid inclement weather on way to the 

cave shrine. Fewer people used to undertake the yatra 

then, in the year 1996 to be precise, as the total number 

of pilgrims seldom touched one lakh. 

Stung by all-round criticism, the central government 

set up the Nitish Sengupta committee to suggest 

remedial measures to prevent recurrence of similar 

tragedy. The committee suggested regulation of the 

pilgrimage, registration of the pilgrims and creation 

of robust temporary shelters for pilgrims during the 

yatra. 

In 2000, the state government headed by Farooq 

Abdullah created the Shri Amarnath Ji Shrine Board 

(SASB), mainly to look after the Amarnath pilgrims. 

The board became functional from the next year, 

beginning February 2001. 

It was to follow the pattern of Shri Mata Vaishno 

Devi Shrine Board (SMVDSB). The SMVDSB was created 

in 1986 when 14 lakh pilgrims used to visit 

Vaishno Devi. By 2007, this figure had crossed 70 lakh 

and in the near future it is likely to touch one crore per 

annum. The similarities between the two boards end 

here. 

The SMVDSB inherited land, buildings and other 

assets from Dharmarth Trust and Vaishno Devi is the 

second richest Hindu shrine in India after Shri 

Tirupati. In contrast, the SASB does not own land 

anywhere on Amarnath yatra route or elsewhere. Yet, 

it is supposed to provide facilities matching with 

those provided by the Vaishno Devi Shrine Board. 

Thus, the SASB was forced to request the government 

to identify and allocate land for creation of temporary 

facilities for the Amarnath pilgrims. The need 

for this can be imagined if one is to consider 51 deaths 

of pilgrims – 48 of natural causes and three in accidents 

-- until July 15 after this season’s Yatra commenced 

on June 17. 

A case is also pending before a Division Bench of 

the Jammu & Kashmir High Court regarding allocation 

of land for pilgrim facilities and other matters 

related to Amarnath yatra. 

– SKS 




Centuries’ subjugation 

kicks off a bitter struggle 

Kashmir’s past is marked by worst kind of alien 

rules starting from sixteenth century when Mughals 

took over the region, followed by Sikhs and Dogras. 

Ruled by outsiders time and again, a feeling of 

subjugation crept in the hearts of Kashmiris. These 

processes have played a role in forming modern-day 

Kashmiri consciousness where old perceptions 

linger through, forcing leaders from Sheikh 

Abdullah to Yasin Malik to cling to the Kashmiris' 

right to self-determination. Farrukh Fahim traces 

the tumultuous history 

The formation of collective consciousness 

of a common 

Kashmiri has been determined 

by number of factors, the most 

important being the public perception 

of history. Kashmir’s occupation 

by Mughals and their successive subjugation 

by Pathans, Sikhs and 

Dogras, have left in the minds of a 

common Kashmiri a memory of continued 

suppression and attendant 

economic and political oppression. It 

was this sentiment that played a role 

in mobilisation during the nationalist 

movement of 1930s pioneered by 

Sheikh Mohammad Abdullah. 

Mughal and Afghan rule 

The incorporation of Kashmir valley 

into Mughal India in the year 

1586, after the Chak rule is considered 

to be the beginning of the end of 

Kashmir’s independence. Kashmir 

remained the northern most point of 

Mughal empire for nearly two centuries. 

Mughal rule in Kashmir 

transformed it in the context of its 

political and economic condition. 

This rule introduced Kashmiris to a 

pattern of government, where a governor 

was sent to administer the 

province and demand taxes. 

The rapacity of the Afghans after 

the Mughal rule marks the end of 

Kashmir’s independence. In Kashmiri 

folklore, Afghans, owing to their 

oppressive rule, came to represent 

the greatest ‘other’. Afghan domination 

lasted for little over 50 years. The 

period is generally regarded as one 

of the darkest in Kashmiri history. 

Sikhs and Dogras 

Sikh army entered Kashmir on 

4th July, 1819, starting a new phase of 

tyranny and oppression. In the 

words of Prem Nath Bazaz, a 

Kashmiri historian, this change of 

76 




masters ‘proved but a change of king 

log for a king stork’. Describing the 

Sikh rule, Moorcraft, an English traveler 

reflected, ’Sikhs looked at 

Kashmiris ‘a little better than the cattle. 

The murder of a native Sikh was 

punished with a fine to the government 

ranging from 16 to 20 rupees, of 

which four were paid to the family of 

the deceased if a Hindu, and two if 

he was a Mohammedan’. During this 

dark phase in Kashmir’s history, people 

were in a most abject condition 

‘subjected to every kind of extortion 

and oppression’. Under Sikh rule 

Kashmir was ruled by 10 governors. 

Out of these, five were Hindus, three 

Sikhs, and two Muslims. Sikhs consistently 

followed anti-Muslim policies 

in Kashmir, subjecting the majority 

population of the Kashmir valley 

to severe hardship in relation to the 

practice of religion. It was also during 

this phase that the central 

mosque of Srinagar, the Jama Masjid 

was ordered to be closed and 

Muslims of Kashmir were not 

allowed to say azan (call to prayer). 

Sikhs tried to establish a ‘Hindu’ 

state where cow slaughter was 

declared a crime and a complete ban 

was passed against cow slaughter, 

lands attached to several shrines 

were also resumed on state orders. 

Their emphasis on ‘setting Hindu 

and Sikh beliefs was a part of an 

attempt to articulate a Sikh identity 

separate from that of the Mughals. 

The effect of Sikh rule, according to 

Prem Nath Bazaz, dealt a severe 

blow to the pride of the local people. 

‘The people of the valley came to be 

known as zulum parast (the worshipers 

of tyranny) as they gradually 

forgot their glorious martial traditions 

and became timid and cowardly’. 

Under Sikh rule 

Kashmir was ruled by 

10 governors. Out of 

these, five were 

Hindus, three Sikhs, 

and two Muslims. 

Sikhs consistently 

followed anti-Muslim 

policies in Kashmir, 

subjecting the majority 

population of the 

Kashmir valley to 

severe hardship 

With the battle of Subraon, the 

Sikhs lost their independence. The 

treaty of Amritsar between British 

and Dogras signed on 16th of March 

1846, gave way to Dogra rule in 

Kashmir. 

British while recognising the neutrality 

of Gulab Singh in the first 

Ango-Sikh war rewarded Gulab 

Singh, a vassal of defeated Sikh king 

Maharaja Ranjit singh. The Treaty of 

Amritsar referred to as ‘sales deed’, 

was frequently condemned from ‘different 

quarters of Kashmiri society’. 

Muhammad Iqbal, while expressing 

his anguish wrote: 

Each hill, each garden, field, Each 

farmer too they sold. 

A nation for a price, That makes my 

blood ice-cold 

With this treaty Gulab Singh’s 

estate included besides his native 

Jammu, the Himalayan kingdom of 

Kashmir, Ladakh and Baltistan. Thus 

the newly created entity of Jammu & 

Kashmir joined the ranks of princely 

states as sovereign entity with British 

crown being the sovereign overlord. 

Both British and Dogra government’s 

respective pursuits for legitimacy, 

allowed the latter to pursue a 

policy where the state of Jammu & 

Kashmir was transformed from a 

state ruled over by a Hindu into a 

Hindu state. Over the subsequent 

years, the overtly Hindu tone of the 

political authority and the complete 

denial of all rights to the Kashmiri 

Muslim community (as Kashmiri 

Muslims were largely left out of the 

power sharing arrangements of the 

Dogra state) resulted in articulation 

of political allegiances along communal 

lines. 

A nucleus of new generation of 

political leaders, trained at Aligarh 

Muslim University, and headed by a 

schoolteacher Sheikh Muhamad 

Abdullah, soon established a reading 

room association in Srinagar to discuss 

questions of social and political 

change. A similar group called 

Young Men’s Muslim Association 

was formed in the southern city of 

Jammu. These young political 

activists attempted to organise a deputation 

to present a list of grievances 




to the Dogra Maharaja. These initiatives 

by new generation of Kashmiri 

Muslim political activists announced 

the arrival of organised political 

mobilisation in Kashmir. This initiative 

however ended in a riot on the 

streets of Srinagar, killing 21 persons 

when the Maharaja’s police opened 

fire on protesters on July 13, 1931. 

This became a turning point in the 

history of political mobilisation in 

Kashmir. In the words of Mohamad 

Ishaq Khan, a Kashmiri historian, it 

was for the first time that ‘dumbdriven 

cattle’ raised the standard of 

revolt. 

Soon after this incident, and formally, 

immediately after, Kashmir’s 

first regional party -- the All Jammu 

& Kashmir Muslim Conference was 

formed under the leadership of 

Sheikh Muhammad Abdullah. This 

was also an important event in the 

history of organised protest in 

Kashmir, as it was for the first time 

that Kashmiri Muslims sought to 

build a wider base of support among 

the agricultural and artisan classes of 

the valley. Initially starting with the 

demand for bigger share in the civil 

services for educated Muslim youth, 

the proprietorship, and reduction of 

land revenue, the Muslim 

Conference soon demanded the right 

to freedom of speech and expression 

and more significantly right to establishment 

of a democratic government 

with a responsible executive. In the 

year 1938, the party decided to redefine 

the basis of its politics on secular 

lines. Finally in the year 1939, at its 

annual convention Muslim 

Conference was accordingly 

renamed All Jammu & Kashmir 

National Conference. 

The new party sought to expand 

its base through its political programme 

called Naya Kashmir (New 

Kashmir). The Bill of Rights stipulating 

‘equality of the rights of all citizens 

irrespective of nationality, religion, 

race or birth in all spheres of 

life’ reached out to all classes of people 

in the state. By incorporating a 

peasants charter advocating transfer 

of all agricultural land to actual 

tillers of the soil, a Workers Charter 

ensuring basic rights and better 

These initiatives by 

new generation of 

Kashmiri Muslim 

political activists 

announced the arrival 

of organised political 

mobilisation in 

Kashmir. This initiative 

however ended in a 

riot on the streets of 

Srinagar, killing 21 

persons when the 

Maharaja’s police 

opened fire on 

protesters on July 13, 

1931 

working conditions, and a Charter of 

Women’s Rights in the political, economic, 

social, legal, educational and 

cultural spheres, a concerted effort 

was made to enlist the support of 

large sections of the society. 

Naya Kashmir was the blueprint 

of the political philosophy of the 

National Conference, and presented 

the agenda of how it would exercise 

state power. A scheme of constitutional 

reforms based on the democratic 

elective principle from local 

pachayats to the national assembly 

along with a responsible and responsive 

executive was envisaged. It 

advocated universal adult franchise 

with weightage for the minorities, 

including Kashmiri Pandits, Sikhs 

and Harijans during the transitional 

period. The national economic plan 

envisaged planned development 

with safeguards against exploitation, 

ensuring that economic power 

would not be centralised in any section 

of society. Recognising the multilingual 

character of Jammu & 

Kashmir (Kashmiri being the dominant 

language only in the valley and 

some parts of Jammu), the Naya 

Kashmir manifesto designated Urdu 

as the official lingua franca. 

With Muslim league movement 

for Pakistan gaining momentum, 

National conference was aspiring to 

steer a different course of action 

away from the concept of two-nation 

theory. The very proposition of accession 

meant losing the hitherto 

autonomous status enjoyed by the 

state since its creation on the one 

hand, and facing the prospects of 

division of the state and its people on 

religious ground on the other. This 

meant a certain death of the secular 

dream cultivated by the National 

Conference since its birth in 1939. In 

order to have its secular pluralist 

democratic programme materialsed, 

it became imperative for National 

Conference to ensure that the ethnoreligious 

composition of the state 

remains intact and its autonomy and 

geographical unity is safeguarded. 

For National Conference this was 

possible only if the state was transformed 

from an autocratic state into 

a representative liberal democracy. 

The ultimate goal for National 

Conference, therefore, was not to 

submerge with the secular nationalism 

in the mainland India, but to 

maintain its own identity and autonomy 

albeit supported by its close ally, 

the Indian National Congress 1 . 

With the introduction of historical 

land reforms and complete transformation 

of rural Kashmir, hundreds 

and thousands of newly 

empowered peasant families started 

viewing Shiekh Abdullah as the chief 

architect of this transformation. 

Commenting on what became the 

most drastic piece of land reforms in 

the subcontinent, Nehru said, 

‘I confess that I look with some envy 

on the speed and clarity with which they 

(Kashmir government) have performed 

this task there, considering the enormous 

trouble we had have in various states of 

India, the difficulties, the obstruction 

and the delays that we had to face, and 

so, I became a little envious when I saw 

this was done in Kashmir.’ 

Post 1947 Politics 

Shiekh Abdullah had heralded 

his transformation from vehement 

78 




political activist against Dogra rule in 

the Princely State of Jammu & 

Kashmir to prime minister, since 

1947. He dominated the Kashmiri 

political scene for over 30 years 

(whether in jail or in office) until his 

death in 1982. 

The Naya Kashmir manifesto put 

forward by National Conference was 

clearly based on a Jacobin conception 

of popular sovereignty, augmented 

by a generous dollop of Bolshevism 2· 

in the socio-economic sense of the 

programme. In Naya Kashmir proposals 

Shiekh Abdullah made a powerful 

case for the conversion of Jammu 

& Kashmir into an independent state, 

which he described as a ‘South Asian 

Switzerland’, perhaps in alliance 

with an India free from British rule 

but not an integral part of it. He 

dreamt of an independent Jammu & 

Kashmir, a secular polity, rooted in 

Kashmiri Islam. Sheikh Abdullah 

argued on number of occasions that 

the Hindu minority in the state had 

more in common with the Muslim 

majority than it had with the Hindus 

elsewhere in the Indian sub-continent. 

Loy Hendrson, the United 

States ambassador to India, who visited 

Sheikh Abdullah in September 

1950, reported: 

In discussing future of Kashmir, 

Abdullah was vigorous in restating his 

opinion that it should be independent; 

that overwhelming majority population 

desired this independence; and that he 

had reason to believe that some Azad 

Kashmir leaders (read Pakistan 

Occupied Kashmir) desired independence 

and would be willing to cooperate 

with leaders of National Conference if 

there were reasonable chance such cooperation 

would result in independence 3 . 

Shiekh Abdullah became the 

undisputed head, with the title of 

prime minister of the popular interim 

government in March 1948. His 

covert dealings with Azad Kashmir 

(read Pakistan Occupied Kashmir) 

leaders, and his disclosure to the 

United States ambassador to India 

(that was repeated in the talks 

between American Democrat Adlai 

Stevenson and Sheikh Abdullah), 

challenged the finality of the accession 

of the state of Jammu & Kashmir 

to India, something that was the 

most disturbing feature for the 

Government of India 2 . Sheikh’s disclosures 

to the foreign visitors made 

India apprehensive about his intentions, 

and he came to be regarded as 

a ‘loose canon’ in Indian political 

annals. With Sheikh Abdullah 

becoming the prime minister an 

absolute ruler, Indian government 

seemed to be in a hurry to devise 

some fresh constitutional checks that 

would involve not only the structure 

of the internal government of the 

State but also the state’s formal relationship 

with the Indian Union. 

The Indian Constitution (creation 

of Constituent Assembly) perforce 

gave to the state of Jammu & 

Kashmir special status enshrined in 

Article 370 of the Indian 

Constitution, which effectively limited 

the powers of the Indian Union 

Parliament to the three matters; 

Defence, External Affairs and 

Communications. Apart from the 

three powers reserved to the Indian 

Union, everything else was supposed 

to be the proper concern of government 

of Jammu & Kashmir. Some 

interpreters like Alastair Lamb, view 

the inclusion of this provision in the 

context of Jammu & Kashmir as an 

autonomous polity under Indian 

protection, with implications that it 

might evolve in time to full independence. 

The Praja Parishad agitation in 

Jammu, Jana Sangh agitation in Delhi 

for the complete integration of 

Jammu & Kashmir with India, Dr 

Shyama Prasad Mukherji’s death in 

Srinagar, brought criticism against 

Sheikh and his government in 

Srinagar, across India. Sheikh 

Abdullah in the meantime found 

ample support for his own allegations 

that India was ‘secular only in 

name but basically communal and so 

Kashmir can have no honorable 

place’ in India. Government of India 

soon realised that ‘sheikh was looking 

for a semi-independent status 

where the Indians would protect him 

while he would benefit economically 

from the tourist industry and other 

sources of Kashmiri wealth, free 

from interference from what he 

regarded as the Hindu dominated 

government in New Delhi.’ By 1953 

New Delhi and Abdullah had fallen 

apart. So in August 1953 Abdullah 

was arrested, and one of his top lieutenants, 

Bakshi Ghulam Mohamad 

was installed as new Prime Minister. 




Plebiscite front 

In the aftermath of the dismissal 

and arrest of Sheikh Abduallah, 

Mirza Afzal Beg took over the reins 

of politics in Kashmir. Patronised by 

Shiekh Abdullah, he founded 

Plebiscite Front in 1955. With the 

arrest of Shiekh Abdullah, introduction 

of Jammu & Kashmir 

Constitution 4· and growing resentment 

of common masses against 

New Delhi, Plebiscite Front immediately 

gained popularity. 

During January 1958, Shiekh 

Abdullah was released, with a rousing 

welcome by his followers at 

Srinagar, Abdullah said: 

Pandit Nehru is a great man, a close 

associate of mine and I still respect him. 

It is in the nature of man that during 

adversity the flower thrown by a friend 

appears heavier and more injurious than 

the stone thrown by an enemy. 

Criticising National Conference 

(read official) led by Bakshi for its 

undemocratic actions, Shiekh 

Abdullah challenged the claim of 

irrevocability of accession saying: 

The present government’s claim of 

Kashmir being integral part of India is a 

worthless claim, adding that the government 

which is not true representative of 

the people cannot take the finality of 

accession to the hearts of the people 5·. 

The Kashmir Accord 

The Indian government associated 

Plebiscite Front with the activities 

of the militant group Al-Fatah. 

Imposing a blanket ban on Plebiscite 

Front, around ‘lakhs of politically 

conscious members of the outlawed 

Plebiscite Front’ were arrested or 

debarred from participating in any 

political activity, ‘clearing the path 

for a walk-over for the Congress’. In 

March 1972, Syed Mir Qasim came to 

power by winning with a comfortable 

majority. There were protests 

against the alleged rigged elections 

by opposition leaders, which 

although refuted by Mir Qasim initially, 

were later confirmed by him in 

his memoirs in these words: 

‘If the elections were free and fair, the 

victory of the Plebiscite Front was a forgone 

conclusion. And, as a victorious 

party, the Front would certainly talk 

form a position of strength that would 

irritate Mrs Ghandhi who might give up 

her wish to negotiate with Shiekh 

Abdullah. That in turn would lead to 

confrontation between the centre and the 

Jammu & Kashmir’ 9·. 

After Mir Qasim’s election, he 

began to relax a number of restrictions 

on his opponents. In April 1972, 

Begum Abdullah was allowed to 

return to the state, political prisoners 

were released and in June the internment 

order on Abdullah and Mirza 

Afzal was lifted. The ban on 

Plebiscite Front was also lifted, providing 

a political platform to Shiekh 

Abdullah. With the creation of 

Bangladesh, and in the light of 

changing circumstances Sheikh 

Abdullah started shifting emphasis 

from the demand of plebiscite to 

greater autonomy within the Indian 

Union. In his memoirs Abdullah justifies 

this shift and his agreement to 

what came to be known as Kashmir 

accord in following words: 

We only wanted Article 370 to be 

maintained in its original form… Our 

readiness to come to the negotiating table 

did not imply a change in our strategy. 

Thus it seems that Abdullah 

wanted a pre-1953 status for Jammu 

& Kashmir, something that was 

never conceded by New Delhi. Syed 

Mir Qasim stepped aside as the chief 

minister of Jammu & Kashmir to 

make way for Abdullah. The Delhidetermined 

circumstances of an 

emasculated Abdullah’s return to 

office amounted to a clever evasion 

of the Kashmir conflict rather than a 

substantive solution to it. The 1975 

elections saw Abdullah sweeping 

polls in the valley and winning by a 

clear majority. It seemed for time 

being that Kashmir issue was about 

to reach its logical end, but as soon as 

Abdullah realised that his decision to 

sign an agreement with government 

of India (Kashmir accord) was seen 

as a compromise by a common 

Kashmiri, Abdullah abandoned it in 

a matter of weeks. There was bitterness 

among Kashmiris regarding 

what they considered as ‘sell out’. 

‘A lady (Indira Ghandhi) had 

tamed the toothless Lion of Kashmir’ 

was the lead story in the in Kashmiri 

press. In April 1975, Abdullah again 

talked about possible merger of his 

state with Azad Kashmir. In May 

1975 he invited Congress members in 

the state assembly to join his 

Plebiscite Front, Congress resentment 

against this act resulted in 

widening rift between the two parties. 

The authoritarian streak in 

Shiekh Abdullah’s National 

Conference became quite evident 

from 1976 onwards. National 

Conference thus made its own contribution 

to the subversion and retardation 

of democratic development in 

Jammu & Kashmir. 

The valley of Kashmir witnessed 

an unprecedented increase in the frequency 

of demonstrations, many of 

which were countered by police violence. 

The organisations like Jamiat-e- 

Islami, the Jamiat-e-Tuluaba, Mahaz-e- 

Azadi and People’s League were 

active in these protests. This was also 

the period when a shadow underground 

organisation carrying systematic 

acts of violence and ‘sabotage’ 

with a name ‘Al- Fatah’ came 

into existence. Whatever be the background 

of the underground ‘Al- 

Fatah’ the fact is that it was used by 

Indian State to justify a direct attack 

The Indian government 

associated Plebiscite 

Front with the 

activities of the 

militant group Al- 

Fatah. Imposing a 

blanket ban on 

Plebiscite Front, 

around ‘one million 

politically conscious 

members of the 

outlawed Plebiscite 

Front'... 

80 




on Shiekh Abdullah and the 

Plebiscite Front, to prevent the 

Front’s participation in the upcoming 

elections. Some 350 supporters of the 

Plebiscite Front, including Sheikh 

Abdullah and Mirza Afzal Beg were 

arrested. The arrests were justified 

on the grounds that the Plebiscite 

Front was involved in subversive 

activities in the state, presumably 

associated with ‘Al-Fatah’. In another 

major development on January 1971, 

some young Kashmiris, who were 

apparently armed with a hand 

grenade and a pistol, hijacked an 

Indian airliner named ‘Ganga’ en 

route from Srinagar to Jammu. 

Seeking asylum in Pakistan, the airliner 

was taken to Lahore. The hijackers 

demanded from the Government 

of India, to release 36 political prisoners 

said to be the members of an 

organisation called the Kashmir 

National Liberation Front. The 

hijacking drama ended with hijackers 

setting the aircraft ablaze after 

taking out the passengers. Amidst all 

drama and confusion, the world 

came to know about Kashmir 

Liberation Front. Its existence was a 

surprise for many. It was supposed to 

be the same group calling itself the 

‘Plebiscite Front’ (not to be confused 

with the Plebiscite Front party 

founded by Mirza Afzal Beg of 

which, however it was in some ways 

an informal offshoot). Al Fatah was 

among one of the biggest ‘subversive’ 

groups in Kashmir during this 

period. A guerilla outfit that had over 

200 people. The group recruited 

youngsters, set up ‘safe houses’ and 

embarked on gun-running on a large 

scale. Ghulam Rasool Zahegeer and 

Abdul Rashid Dar a lawyer from 

south Kashmir, Fazle Haq Qureshi 

resident of North Kashmir, Muhmad 

Yousuf Mir, from downtown 

Srinagar, Hamidullah Bhat, 

Muhammad Husseien and 

Muhammad Salim Gilkar were 

among the earliest members of Al 

Fatah, who were ‘rehabilitated’ by 

National Conference government 3 

after it came to power. 

A charismatic, but somehow 

mysterious figure Maqbool Bhat 

from the border district of Handwara 

was among the earliest members of 

the Front. One time journalist in 

Peshawar, he had been regularly 

crossing the Kashmir ceasefire line 

since 1958. He was arrested in 1966, 

and sentenced to death later after his 

re-arrest for the alleged murder of an 

Indian official during the course of 

an armed robbery in the valley of 

Kashmir. He was finally hanged in 

Delhi’s Tihar Jail exactly a week 

before his 46th birthday. 

The radicalised generation in 

Kashmir valley, flying the Jammu & 

Kashmir Liberation Front’s banner of 

independence, emerged as a force of 

mass uprising. In 1990 it was essentially 

the old National Conference- 

Plebiscite Front brand of politics that 

got radicalised under the new leadership 

of a militant younger generation, 

rebelling against India. 

The front articulated the vision of 

an independent state based on a federal, 

parliamentary political system. 

Each of the five federating units, 

namely, Kashmir valley, Jammu 

province, Ladakh, Azad (or occupied 

Kashmir), and Gilgit and Baltistan 

would enjoy autonomy with elected 

provincial governments. Each 

province can be subdivided into districts 

and these districts will have 

their own internal arrangements. 

The idea of a secular Independent 

republic of Jammu & Kashmir put 

forward by Jammu & Kashmir 

Liberation Front bear a striking 

resemblance to the contents of a 

working paper submitted by Balraj 

Puri to the Jammu & Kashmir State 

People’s Convention in 1968, led by 

Shiekh Abdullah, which was attended 

by practically all popularly-based 

political forces in the valley. These 

recommendations, according to Bose 

are reminiscent of the principle of 

‘subsidiarity’, a key part of the political 

architecture of the new European 

Community (EC). Under this principle, 

each level of government 

(Brussels, the national capitals, and 

sub-state entities like the German 

Lander) stays clear of all decisions 

that can be taken at a lower level. 

In the backdrop of the alleged 

rigged elections of 1987 Jammu & 

Kashmir Liberation Front resurfaced 

after remaining dormant for over 20 

years. Jammu & Kashmir Liberation 

Front led within the valley by the 

core HAJY· (Hamid, Ashfaq, Javed 

and Yasin) group emerged as one of 

the most prominent radical organisation 

in the 1980s campaign of azadi 

against the Indian state. Jammu & 

Kashmir Liberation Front found spir- 




itual inspiration in the specific 

Islamic traditions rooted in the mystical 

piety of Kashmiri Sufi saints. 

The Jammu & Kashmir Liberation 

Front’s strategy may be divided into 

four components: establishing an 

organisational base and devising 

military strategy; pursuit of international 

support; mobilising popular 

support. 

In 1990 the simmering rebellion 

of 1988-89 (aftermath of rigged elections) 

came to boil in the form of a 

mass resistance to the Indian rule in 

Kashmir valley. Starting with a total 

boycott of 1989 late-November parliamentary 

elections, this phase is 

characterised by massive protests 

and extensive mass mobilisation, 

which was on account of a very 

strong wave of alienation doing 

rounds in the lives of ordinary 

Kashmiris. More or less similar alienation 

in a different context was put to 

use by Sheikh Abdullah against a different 

set of actors and now it was 

the turn of Jammu & Kashmir 

Liberation Front. 

Huge azadi rallies were organised 

during this phase and one of 

them took place 1 March 1990, where 

around 3,000 people gathered in the 

town of Charar-e-Sharief, 30 kilometers 

from Srinagar, at the shrine and 

mausoleum of the valley’s patron 

saint, the fourteenth century Sufi 

mystic Sheikh Noorudin Noorani, 

and took a collective oath, in the 

presence of Jammu & Kashmir 

Liberation Front leaders to struggle 

for ‘Kashmir’s right to self-determination’. 

Indian state was finding it 

difficult to tackle the uprising owing 

to its mass character as workers, 

lawyers, engineers, schoolteachers, 

and storeowners, doctors former 

MLA’s and Jammu & Kashmir Police 

joined and supported the movement. 

In the absence of any alternative 

channels of collective action and 

protest the shrines and mosques 

emerged as the focal point of popular 

mobilisation and resistance. 

The collective yearning of people 

of Kashmir for independent existence 

took a more militant form in 

the years that followed the early 

uprising of 1990s. Frequently government 

installations and offices considered 

as symbols of Indian states 

authority and ‘occupation’ became 

the targets of violence. The guidelines 

issued to its members by JKLF 

titled ‘Freedom or Martydom’ gave 

comprehensive instructions to the 

‘freedom fighters’ and exhorted them 

to follow such guidelines strictly. 

These guidelines/instructions pertaining 

to guerilla or underground 

activities were by and large the Urdu 

translations of Mao’s and Che 

Guevara’s formulations or at least 

were influenced by them. In these 

instructions it was strictly urged that 

‘each guerilla or ‘freedom fighter’ 

must show impeccable moral conduct 

and strict self-control and teach 

the local population the guerilla 

band so that they see the advantage 

of aiding the insurgency4. 

By 1993, with complete take-over 

of the movement by Pakistan’s intelligence 

agencies, JKLF almost lost its 

military ascendancy to the radical 

Jihadist outfits. In the year 1994, 

Yasin Malik the leader of JKLF 

renounced the armed struggle and 

called for unilateral ceasefire. 

In the year 2005, when a Bus service 

was started between ‘Azad 

Kashmir’ and ‘Occupied Kashmir’, 

Jammu & Kashmir Liberation Front, 

under Yasin Malik while supporting 

the peace initiative taken by India 

and Pakistan, tried to enlist the support 

for the cause of independence 

by collecting around 15 lakh signatures 

across Jammu & Kashmir and 

regarded the campaign as a ‘mandate 

of trust’ and ‘Kashmiri people’s 

verdict for peace and inclusion in 

ongoing peace talks between India 

and Pakistan’. 

Jammu & Kashmir Liberation 

Front during the moderate political 

phase tried to address its constituency 

inside Jammu & Kashmir and was 

vigorously involved in improving 

diplomatic relations in India, 

Pakistan and other countries. JKLF 

and its chairman Yasin Malik also 

tried to clarify in various forums the 

reason for a ‘limited militant struggle’ 

in his speeches: 

‘From 1953 to 1975, Shiekh 

Abdullah fought through a non-violent 

By 1993, with 

complete take-over of 

the movement by 

Pakistan’s intelligence 

agencies, JKLF almost 

lost its military 

ascendancy to the 

radical Jihadist outfits 

movement for right to self-determination. 

He was a secular and a pure nonviolent 

but Indian state did not like 

him…..’ 

The three excruciating incidents, 

the imprisonment of Yousuf Shah, by 

Mughals, and his subsequent death 

in exile, the frequent internment of 

Sheikh Abdullah by government of 

India, and to a large extent the death 

sentence of Maqbool Bhat (Founder 

member of JKLF) and his burial in 

Delhi’s Tihar Jail, serves as a ready 

reference to collective memory of 

Kashmiris. 

— The writer is a research student 

with Delhi University’s school of social 

work studying protest movements and 

collective action 

Endnotes 

1 Sumantra Bose,2003, Kashmir: Roots of 

Conflict, Paths to Peace 

2 Lamb, 1991 

2 Ideas inspired by Soviet model. 

3 Refer to- United States, Department of State, 

Foreign Relations of the United States 1950, 

Volume V. The Near East, South Asia and 

Africa, Washington, D.C, 1978, pp.1433-35. 

4 It declared Jammu & Kashmir as an integral 

part of the Union of India and extended for 

the first time, the jurisdiction of Indian 

Supreme Court to Jammu & Kashmir. 

5 Awaz-I-Haq, (Urdu), Collection of speeches, 

SM Abdullah, Plebiscite Front, Peoples Press, 

Jammu, 1958 p25. 

3 Al Fatah Angle India Today, Feb,29,1984 

· The Abbreviation HAJY indeed has a very 

significant symbolic connotation. 

4 Jagmohan, Kashmir Today, Present, Past, 

Future 392,Seminar 

82 



Trapped by bruises of 

history, the yearning for 

peace and desire to come 

out of the vicious cycle of 

violence has been getting 

stronger throughout 

Kashmir. It is time the 

leadership grabs the 

opportunity and ushers 

Kashmir into a new era, 

writes Sajid Iqbal 

Kashmir... Does any other 

word conjure up such 

extreme emotions? It conveys 

beauty, vulnerability, culture and turmoil. 

Turmoil supersedes the other 

three in peoples' conscience: the 

"Kashmir issue" is what everyone 

must talk about. It is what everyone 

must have an opinion on. But, having 

been born in Kashmir, I see the irony 

in talking about the "issue", and the 

"solution", which is often what no 

one has the time or the inclination to 

contemplate. Deliberating the issue, 

one has the tendency to lose perspective. 

It is time to clear the air on 

Kashmir. I endeavour to do just that. 

Justo Pastor Benitez had 

observed, "Peace is preferable to a place 

in history." Yet politicians of both 

Kashmir’s chance 

for peace 

India and Pakistan have the unique 

opportunity of having both when it 

comes to Kashmir. So where is the 

political will? There could be many 

answers to that. Playing safe could be 

one. To politicians on either side of 

the border, or even the Line of 

Control, status quo is always preferable 

to change: they are then dealing 

with something they know. 

People theorise so much about 

the origins of the dispute, its dimensions 

and nuances, that they either 

don't look for a solution, or they simply 

can't. They don't have the foresight. 

Also, so many people have so 

much at stake that to even think of an 

end to this tension is unthinkable. 

Vested interests, in terms of, power, 

money, influence, all hangs in the 

balance. In this regard, India, 

Pakistan and the Kashmir issue can 

be compared to the United States, the 

Soviet Union and the Cold War, right 

up to the fall of the Iron Curtain. 

Both justified excessive expenditure 

on national security, regular hikes in 

successive defence budgets, and 

both fed a burgeoning defence 

industry. The political establishments 

of both countries needed to 

hang on to the dispute. This holds 

true, not only for the mainstream 

political leaders of India and 

Pakistan, but also for leaders of both 

Kashmirs, whether mainstream, separatist 

or militant. To them, the 

“issue” is a political lifeline. 

But should they choose to act, one 

wonders what would be the best 

time to do so. I say the opportunity 

has never been better. General 

J.J.Singh, the Chief of Army Staff, 

recently said that cross-border infiltration 

in the state of Jammu & 

Kashmir has reduced drastically in 

the past year. This cannot simply be 

attributed to the onset of winter in 

the Kashmir valley, when infiltration 

levels have traditionally been low. It 




is now a year-round phenomenon. 

The atmosphere is relaxed, with no 

major incident of violence reported 

from Kashmir in the past several 

months. Confidence Building 

Measures (CBMs) initiated by the 

two countries have been wellreceived 

by all, especially the common 

man in Kashmir. The two 

Kashmirs are now connected by the 

Srinagar-Muzaffarabad bus service, 

for the first time since independence. 

To me, this marked the turning point 

towards peace in Kashmir. There are 

talks of opening up that same road 

for trade between the two sides. Even 

the worst doomsday prophet would 

have to admit that there prevails a 

sense of peace and normalcy in 

Kashmir. General Singh, in a recent 

interview with a leading national 

daily, said, "We (the Army) can consider 

relocating troops if the State 

Government tells us so. We did withdraw 

from Punjab and Mizoram 

after the violence levels came down." 

Of late, leaders at both the national 

and regional levels have reflected 

this positive mindset. While the 

Peoples Democratic Party (PDP), a 

regional party part of the present 

coalition government in Jammu & 

Kashmir, has put forth "self-rule" as a 

possible beginning to a lasting resolution 

of the Kashmir issue, the 

This laudable effort 

show that people 

are thinking of 

conflict-resolution 

in the subcontinent. 

The 

solution to the 

Kashmir conflict 

can only be a 

political one 

National Conference, the principle 

Opposition, has repeatedly demanded 

"autonomy" for the state. While 

both these ideas have their merits, 

what these parties haven't done is 

give details of what exactly they propose. 

While autonomy may be construed 

as a reversion to the pre-1953 

position in Kashmir, wherein the 

state had its own President, Prime 

Minister, Legislature and Supreme 

Court, the concept of self-rule 

remains vague on specifics. 

This laudable effort show that 

people are thinking of conflict-resolution 

in the sub-continent. The solution 

to the Kashmir conflict can only 

be a political one. If history has 

taught us anything, it is that there is 

no military solution to the issue. 

Three wars and a proxy war that has 

lasted 18 years should be proof 

enough for even the most battlehardened 

military man that peace is 

the only option. In this background, 

let us now move on to discussing 

specific solutions to the Kashmir 

issue, put forth from various quarters 

over the past 60 years. 

The plebiscite 

One has to start with the 

plebiscite. The United Nations 

Security Council in its various resolutions 

on Kashmir sanctioned this 

plebiscite in the late 1940s, after 

Prime Minister Jawaharlal Nehru 

had taken the Kashmir issue to the 

United Nations. This plebiscite, if 

held, calls on the Kashmiri people to 

vote whether they want to stay with 

India or Pakistan. It may be noted 

that independence is not an option in 

this plebiscite. However, India has 

historically been opposed to such a 

plebiscite being held in Kashmir. So 

that is not an option. 

The Dixon plan 

Then one can talk about the 

Dixon plan. It was proposed by Sir 

Owen Dixon, a Judge of the 

Australian High Court who came to 

the subcontinent as the United 

Nations' Representative for India 

and Pakistan pursuant to the 

Security Council's Resolution of 

March 14, 1950. It assigned Ladakh to 

India, the Northern Areas and 

Three wars and a 

proxy war that has 

lasted 18 years 

should be proof 

enough for even the 

most battlehardened 

military 

man that peace is 

the only option 

Pakistan-Occupied Kashmir (POK) 

to Pakistan, split Jammu between the 

two, and envisaged a plebiscite in the 

Kashmir Valley. India, though initially 

warm to the idea, later rejected it. 

Besides, it would entail mass exodus 

from various parts of the state into 

both countries, which would almost 

certainly result in a situation similar 

to the one that arose during the partition 

of India in 1947, with heavy 

bloodshed, anarchy and mayhem. 

These are the two most talked about 

options. 

An undivided Kashmir 

Then there is alignment of undivided 

Kashmir with either India or 

Pakistan. The opinion in Kashmir 

concerning this option is so fractured 

that it is untenable. It would result in 

the same eastern-western massmigration 

and the same problems 

thereafter. The non-Muslims in the 

state would almost certainly prefer 

staying in India, with the Muslims 

being split between the two. But religion 

is not the sole yardstick for 

understanding whose allegiances lie 

where. There is culture to take into 

account, along with language, class, 

region and all the usual factors. That 

makes the political situation in the 

state uniquely complex. Besides, 

alignment of the state with one 

nation would not be acceptable to the 

84 




other, as both have territorial claims 

on Kashmir. The support for independence 

within the state is similarly 

fractured along religious, cultural, 

linguistic, class and regional lines, 

besides being unacceptable to the 

nation-states of India and Pakistan. 

Even in separatist and militant circles 

there is no consensus on whether to 

align with Pakistan or go independent. 

This is aptly demonstrated by 

the fact that while Syed Ali Shah 

Geelani's hard-line Tehreek-e- 

Hurriyat is a pro-Pakistan outfit, the 

All Parties Hurriyat Conference 

(APHC) is in favour of Kashmiri selfgovernance. 

The same applies to militant 

groups. There is just no consensus. 

What there is consensus on is easing 

the strife of the people of undivided 

Kashmir. Taking that as the gospel, I 

would like to discuss the four-point 

solution to the Kashmir issue proposed 

by Pakistan President General 

Pervez Musharraf late last year. 

The four-point solution 

It envisions soft or porous borders 

in Kashmir with freedom of 

movement for the Kashmiris, exceptional 

autonomy or "self-governance" 

within each region of Kashmir, 

phased demilitarisation of all regions 

and finally, a "joint supervisory 

mechanism," with representatives 

from India, Pakistan and all parts of 

Kashmir, to oversee the plan's implementation. 

At the time of the proposal, 

in December last year, there was 

no pressure on Musharraf to suggest 

it, save moral pressure. But now, his 

very survival as President is under 

threat, what with the Iftikhar 

Chaudhry fiasco, the Lal Masjid 

blunder and the controversial deportation 

of Nawaz Sharif. He urgently 

needs to redeem himself in the eyes 

of the public, and what better way 

than to deliver on Kashmir. India 

needs to seize the opportunity and 

engage him over his proposal. This is 

one solution that is to everyone's 

advantage. With extremists baying 

for his head, he may not last much 

longer. 

The second part of the solution 

envisages exceptional self-governance 

within Kashmir. The Indian 

Constitution, under Article 370 

already grants exceptional status to 

the state of Jammu & Kashmir. So 

what possible problem can there be 

in taking that status a step further? 

This is especially true in light of the 

fact that originally, under the 

Instrument of Accession governing 

the accession of the state to India, 

Kashmir had its own Prime Minister, 

President and Supreme Court. POK 

continues to have them till this day. 

Jammu & Kashmir is 

the only state in the 

Indian Union that has 

its own Constitution: 

under Article 370, the 

President of India, on 

the aid and advice of 

the Council of 

Ministers of the Union, 

has blanket powers to 

apply, or to revoke the 

application of, any law 

to the state, upon 

consultation with the 

Constituent Assembly 

of the state 

Jammu & Kashmir is the only state in 

the Indian Union that has its own 

Constitution: under Article 370, the 

President of India, on the aid and 

advice of the Council of Ministers of 

the Union, has blanket powers to 

apply, or to revoke the application of, 

any law to the state, upon consultation 

with the Constituent Assembly 

of the state. There is thus no legal 

obstacle to the proposed self-governance. 

The third constituent of the proposal 

is demilitarisation. This is a 

demand that is echoed by every 

quarter of political thought in the 

state, whether mainstream, seperatist 

or militant. The PDP has been 

demanding it. The Pakistan-based 

militant alliance called the United 

Jihad Council (UJC) has been 

demanding it. Both factions of the 

Hurriyat have been demanding it. 

Pakistan has been demanding it too. 

So let us try and understand what 

demilitarisation actually means. It is 

the demand to remove troops from 

civilian areas of the state. What possible 

problem can there be when the 

army chief himself favours it? Syed 

Salahuddin, the chairman of the UJC, 

in an interview to the Urdu-language 

Current News Service (CNS) in 

November last year, said that,” We 

(the militants) are ready to announce 

a truce even today, but for that, India 

will have to accept our three conditions," 

the conditions being, “All prisoners 

should be released unconditionally, 

strength of troops (should) 

be cut down to the pre-1989 position, 

and human rights violations (should) 

be stopped." Demilitarisation is thus 

a pre-condition for everyone. This is 

understandable since troop presence 

only provokes violence, as it is they 

who are targeted by extremists, not 

civilians. Civilians are only caught in 

the cross-fire: the Indian Army has 

often been accused of gross violation 

of human rights in Kashmir, especially 

by Human Rights Watch and 

Amnesty International. The situation 

worsens because of the blanket 

immunity available to security forces 

under special laws such as the 

Disturbed Areas Act, the Public 

Safety Act and the Armed Forces 

(Jammu & Kashmir) Special Powers 

Act (AFSPA), where they can arrest 

and detain at will and on the flimsiest 

of grounds. A classic example of 

this blatant disregard for civil liberties 

is section 4 (c) of the AFSPA 

which empowers the armed forces to 

"arrest, without warrant, any person 

who has committed a cognizable 

offence or against whom a reasonable 

suspicion exists that he has committed 

or is about to commit a cognizable 

offence and may use such 

force as may be necessary to effect 

the arrest". Were the Indian government 

to demilitarise civilian areas in 




Kashmir, human rights violations 

would automatically nosedive, 

bringing relief to an oppressed populace. 

Demilitarisation would therefore 

be advantageous to everyone, 

especially when infiltration is at its 

lowest ebb ever. 

Finally, there is the joint supervisory 

mechanism. This should be 

acceptable to both India and 

Pakistan, as it would enable them to 

exert some form of influence in 

Kashmir affairs. At the same time, it 

would jointly enable them to oversee 

the plan's implementation in its true 

spirit, and to keep a check on excesses 

made by each other. Only the 

details need to be ironed out. 

Such a solution would involve no 

redrawing of boundaries, no human 

rights violations and no secession. It 

would facilitate free movement of 

Kashmiris to every part of the state 

and would also address the Kashmiri 

concerns of self-governance and 

demilitarisation. It would also enable 

the two countries to take forward 

other aspects of their bilateral relations, 

once they have successfully 

removed the thorn of Kashmir from 

their common flesh. In short, except 

for a few fanatics, it would be acceptable 

to everyone. 

I believe that the only 

workable solution to 

the problem is making 

the border in the state 

irrelevant. After all, is 

a border anything but 

an imaginary line 

between two countries 

President Musharraf has said that 

history offered only "fleeting 

moments" to resolve complex issues 

like Kashmir, and the prevailing 

international atmosphere, as well as 

improved relations between the two 

countries, offered the "ideal opportunity" 

for him and Prime Minister 

Manmohan Singh to resolve it. It is 

time for some out-of-the-box thinking 

on Kashmir. The clock, as they 

say, is ticking... 

The Indian response 

The Indian establishment has 

been making the right kind of noises. 

Prime Minister Manmohan Singh has 

said he welcomes the "new ideas and 

thoughts expressed from Pakistan"; 

they can help "resolve all pending 

issues" which must be approached 

"with an open and friendly mind." 

But the time for such ambiguities is 

passé. Both countries need to sit 

down and hammer out the particulars 

of this option. 

I believe that the only workable 

solution to the problem is making the 

border in the state irrelevant. After 

all, is a border anything but an imaginary 

line between two countries? If 

undivided Kashmir is one state, what 

possible harm can come out of letting 

its people treat it that way? Imagine 

the relief it will bring to people who 

have been divided by sixty years of 

hatred. Imagine the kind of positive 

political impact that the leaders of 

India and Pakistan can make on the 

hearts and minds of the Kashmiri 

people, who will be free to move all 

over the state. 

— The writer is a law student at 

Symbiosis, Pune 

86 




International Law and Kashmir 

Looking through the prism of international law, Sheikh Showkat Husain traces the 

development of the right to self-determination to human rights issue, arguing that 

it is for the UN to make India and Pakistan act 

Relevance of UN Resolutions on 

Kashmir has been subject of 

debate for a long time. 

Previously it was Indian State that 

disputed their applicability. Recent 

postures of Pakistani president have 

created doubts about commitment of 

Pakistan to these. Some Kashmiri 

leaders by endorsing General 

Musharaff policies have also depicted 

their non-seriousness with regard 

to United Nations role regarding 

Kashmir. This has been done despite 

the fact that the UN resolutions are 

the only internationally valid instruments, 

which provide basis for 

recognition of J&K as a disputed territory 

under International law. 

Role of United Nations 

India after securing a deed of 

accession from Maharaja Hari Singh 

This transformed 

Kashmir dispute into a 

multilateral problem 

involving people of 

Kashmir, United 

Nations, Pakistan and 

India. United Nations 

Resolutions also 

provided for ceasefire 

and withdrawal of 

troops 

of Kashmir proceeded to United 

Nations Security Council alleging 

Pakistan of intervention. United 

Nations Security Council while 

admitting Indian complaint refused 

to acknowledge Kashmir as its legitimate 

part. It recognised people of 

Kashmir as the principal party to this 

dispute who should be given a 

chance to decide their future through 

exercise of the Right of self-determination. 

This right was proposed to be 

exercised under United Nations 

supervision thus making it a legitimate 

guarantor of self-determination. 

This transformed Kashmir dispute 

into a multilateral problem 

involving people of Kashmir, United 

Nations, Pakistan and India. United 

Nations Resolutions also provided 

for ceasefire and withdrawal of 

troops. For this purpose a military 

observers group was deputed to 

supervise adherence to the ceasefire. 

Although United Nations was 

approached under chapter VI of the 

UN Charter yet the decision taken by 

it reflected that its resolutions were 

not exclusively based on this chapter. 

While adopting the resolutions it 

relied upon chapter I that states the 

purpose of the United Nations “To 

develop friendly relations among 

nations based on respect for the principle 

of equal rights and self determination 

of peoples (Article 1(2))”. 

United Nations Security Council also 

kept in view Article 55 of chapter IX 

that imposes an obligation upon 

member states to pursue for peaceful 

and friendly relations among nations 

based on respect for principle of 

equal rights and self-determination 

of peoples. The interim measures 

which included ceasefire and deputation 

of United Nations Military 

Observers Group is based upon 




Article 40 of chapter VII of United 

Nations, a view which International 

authorities on UN Peacekeeping 

Higgins & Roselyn confirm. The fact 

that there does not exist any provision 

for deputing of United Nations 

peacekeeping mission under chapter 

VI makes it obvious that the dispute 

over J&K although referred to United 

Nations under this chapter didn’t get 

deliberated exclusively under chapter 

VI. The resolutions apart from 

Chapter VI are based upon other portions 

of the UN Charter including 

chapter VII. 

Elections 

After a short span of cooperating 

with the UN, India conducted elections, 

facilitating entry of 72 out of 75 

members to the Constituent 

Assembly of the state unopposed. 

These ‘elections’ were portrayed substitutes 

for the exercise of right of 

self-determination. United Nations 

through several resolutions rejected 

this contention and made it clear that 

creation of Constituent Assembly in 

Indian administered part of Kashmir 

or conducting of elections will not be 

deemed to be exercise of right of selfdetermination 

in accordance with 

United Nations Resolutions. UN 

Security Council declared that “the 

convening of a Constituent Assembly as 

recommended by the General Council of 

the “All Jammu & Kashmir National 

Conference” and any action that 

Assembly may have taken or might 

After Shimla 

agreement India 

proceeded to United 

Nations and asked it 

to withdraw its 

observer’s mission 

from the state. United 

Nations refused to 

accept the Indian plea 

attempt to take to determine the future 

shape and affiliation of the entire state or 

any part thereof, or action by the parties 

concerned in support of any such action 

by the Assembly, would not constitute a 

disposition of the state in accordance 

with the above principle” (UN Security 

Council Resolution 24 January 1957).” 

Another significant development 

was Shimla Agreement (1972) signed 

by India and Pakistan wherein the 

parties agreed to resolve all the disputes 

between them including that of 

Kashmir mutually. After this agreement 

India proceeded to United 

Nations and asked it to withdraw its 

observer’s mission from the state. 

United Nations refused to accept the 

Indian plea. Although United 

Nations Charter (Article 52, para 1) 

allowed regional arrangements for 

dealing with matters relating to 

maintenance of international peace 

and security these measures however, 

have to be consistent with the purposes 

and principles of United 

Nations Charter. In case there is a 

conflict between regional arrangements 

and obligations of States 

under United Nations Charter, their 

duties under United Nations Charter 

will prevail. In this case Indian interpretation 

of the Shimla Agreement 

amounted to denial of the objectives of 

United Nations as laid down in Article 

1(2) i.e. fostering friendly relations 

between nations based on respect for 

right of self-determination. 

The right of self-determination 

The development on the normative 

front were more significant and 

in favour of right of self-determination. 

The right found place within 

The Covenant on Civil and Political 

Rights (1966) and The Covenant on 

Economic, Social and Cultural Rights 

(1966). It was enumerated as a 

human right in their very first 

Articles. Besides these instruments 

importance of this right was asserted 

in various resolutions of the UN 

General Assembly. Among these the 

most important ones are 1514 of 14 

December 1960, titled as 

“Declaration on Granting of 

Independence to Colonial Countries 

and Peoples” Resolution 2625 of 24th 

October 1970 relating to “PRINCI- 

Besides these 

instruments 

importance of this 

right was asserted in 

various resolutions of 

the UN General 

Assembly. Among 

these the most 

important ones are 

1514 of 14 December 

1960, titled as 

“Declaration on 

Granting of 

Independence to 

Colonial Countries and 

Peoples” 

PLES OF INTERNATIONAL LAW 

CONCERNING FRIENDLY RELA- 

TIONS AND COOPERATION 

AMONG STATES”. In both these resolutions 

the right of self-determination 

was identified with people of 

colonised territories, whereas there 

was no such mention within The 

Covenant on Civil and Political 

Rights and The Covenant on 

Economic Social and Cultural Rights. 

For a long time there was a debate 

throughout the world relating to 

applicability of this right. The third 

world countries were vocal for this 

right for the colonies and non-self 

governing territories in traditional 

sense of the term. They were not 

ready to concede it to groups that 

wanted to secede from the existing 

states. The third world countries 

were not ready for fragmentation of 

any state on the basis of use of right 

of self-determination because people 

to them only meant the people of 

colonies and non self governing territories. 

This reservation has become 

88 




Prof. Gros Espiell 

special rapporteur of 

the United Nations 

Sub-commission on 

Minorities have made 

it clear that the right of 

self-determination has 

achieved the status of 

jus-cogens i.e. preemptory 

norm of 

general international 

law 

obsolete after recognition of this 

right for all peoples within the 

Covenants. After the end of cold war 

applicability of right of self-determination 

has been practically extended 

to so many areas and territories of 

the world, which were not colonies in 

traditional sense of the term. 

Examples of such territories are 

Central Asian Republics, Ukraine, 

Baltic States, Czech and Slovakian 

Republics, Croatia, Macedonia, 

Bosnia, East Timor, Eritrea, Quebec 

province of Canada and 

Montenegro. People of these areas 

were allowed to exercise right of selfdetermination 

and given choice of 

separation from existing sovereign 

states. 

India while ratifying The 

Covenant on Civil and Political 

Rights and Covenant on Economic 

Social and Cultural Rights made a 

reservation with respect to right of 

self-determination. Such a reservation 

is of little importance now in 

view of the fact that several authorities 

including Prof. Gros Espiell special 

rapporteur of the United Nations 

Sub-commission on Minorities have 

made it clear that the right of selfdetermination 

has achieved the status 

of jus-cogens i.e. pre-emptory 

norm of general international law. It 

must be remembered that treaties 

and reservation to norms of juscogens 

are not allowed under international 

law. 

Self-determination 

It is obvious from the preceding 

discussion that right of self-determination 

is strongly rooted in international 

law. Its recognition as human 

right does not allow any one to deviate 

from this right or use it on behalf 

of the people who are entitled to it. 

Human rights are inalienable. The 

statements to the contrary on the part 

of remote controlled politicians do 

not carry any weight. These statements 

reflect their interests. Any 

solution reached after compromising 

right of self-determination is destined 

to face the same fate, as was 

that of Shimla Agreement. Failure of 

Kashmiris to secure the right of selfdetermination 

is the result of incapability 

of those who plead it for them. From 

New York to Srinagar role of representation 

of Kashmiris has been 

assumed by those who are bereft of 

any understanding of International 

Law and commitment to Kashmir 

cause. They are unfamiliar with any 

appreciation of legal and political 

dimensions of the Kashmir problem 

and unfit for any serious discourse 

and deliberation. Pakistan too has 

kept the issue hostage to American 

strategic interests. 

Problem of minorities has not 

been an impediment to exercise of 

this right anywhere in the world. 

Twenty-two percent dissenters to 

independence of East Timor were 

made to go along with the majority. 

In case of Montenegro, the decision 

was taken in favor of secession with 

55 percent votes in favor and 44 percent 

against. In case of Quebec, 

province of Canada, decision for status 

quo was taken with a margin of 

just one percent votes. Forty-nine 

percent voters favored secession 

whereas 51 percent supported continuation 

of status quo. In Kashmir 

the problem can be addressed by 

granting minority dominated areas 

Kashmir is a human 

rights issue. Selfdetermination 

is an 

inalienable human 

right. It can’t be made 

hostage to anything 

like strategic interests 

of regional powers... 

right of secession from the entity to 

which majority decides to join 

through a UN sponsored plebiscite. 

Absence of third option is an issue 

which relates to modus-operandi 

rather than the principle. Once there 

is an agreement on the principle even 

third option can be accommodated. 

Kashmir can be addressed as a 

problem concerning real estate 

between India and Pakistan or an 

issue relating to human rights of a 

people. The real estate approach does 

admit the propositions of joint management 

and self-governance. 

Human rights approach to the problem 

doesn’t provide an avenue for 

such a dispensation. Kashmir is a 

human rights issue. Self-determination 

is an inalienable human right. It 

can’t be made hostage to anything 

like strategic interests of regional 

powers, integration of Central Asia 

with South Asia or American apprehensions 

relating to nature of an 

emerging entity after exercise of 

right of self-determination. The 

Kashmir problem has to be 

addressed for the sake of Kashmiris 

and nothing else. The most important 

reason for failure of peace process 

is that it is for resolution of 

Kashmir for the sake of everything 

other than restoration of inalienable 

right to self-determination for the 

people of Kashmir. 

—The writer is a lecturer of law at 

University of Kashmir 


89


A religious rage 

or more 

The self-determination 

movement in Kashmir has 

been mobilised along 

religious identities. Yet, 

religion is just another 

aspect of a movement 

that is mainly sociopolitical, 

writes 

Khalid Wasim Hassan 

The right to self-determination 

is commonly used to justify 

the aspirations of an ethnic 

group that self-identifies as a nation 

towards forming an independent 

sovereign state. It is not only territorial 

and political aspects but also the 

religious and cultural identity of people 

that influence the nature of these 

movements. Self-determination 

movements, which led to national 

freedom to erstwhile colonies in Asia 

and Africa, now carry connotations 

of being regressive and antiquated, 

especially if people are mobilised on 

the basis of religion. 

Similar to many self-determination 

movements’ processes, religion 

became an important political tool to 

advocate and sensitise Kashmiris 

about the idea of self-determination 

in Kashmir. The Kashmiri self-determination 

1 movement, whose roots go 

back to the uprising against the 

Dogra regime in the 1930s and after 

1947 against India’s control saw the 

assertion of Muslim identity but the 

movement at large, is a political 

movement of people to determine their 

own political future. The various religio-political 

organisations with distinct 

and opposing ideologies have 

mobilised the card of ‘Kashmiri 

Muslim Identity’ at different stages 

of the movement. 

The roles of Islam and the assertion 

of Kashmiri Muslim identity in 

the political movement of Kashmir 

90 




have been overemphasised. No 

doubt religious symbols played an 

important role in the mobilisation 

but there has been a presence of a 

secular moderate voice in the selfdetermination 

movement. It becomes 

important to engage with the discourse 

of religious identity vis-à-vis 

self-determination movement in 

Kashmir in the current political scenario 

at regional and international 

level levels when all political movements 

where religious identity 

becomes a source of mobilisation, are 

seen as terrorist movements. 

Pre-1947 period 

The process of formation and 

assertion of political identity vis-àvis 

the question of religion has been a 

complex one in Kashmir. The initial 

stage of evolution of political consciousness 

has been defined by the 

assertion of the Muslim identity as a 

consequence of socio-economic situation 

in which the community was 

placed during the Dogra rule 2 . The 

objective situation in which Kashmiri 

Muslims were placed, in comparison 

to the dominant classes which were 

mainly Hindus from Kashmir as well 

as Jammu led Kashmiris to perceive 

their deprivation in terms of their 

religious identity. Sufi (1949) notes 

that the Dogra regime was totally 

unsympathetic towards the aspirations 

of the people and in its attitude 

towards the valley, it was as foreign 

to it as the British were to India. It 

was not only economic and political 

conditions but also, the nature of the 

state vis-à-vis Muslims subjects that 

led to demand of rights on religious 

terms (Rai, 2004). The political movement 

of Kashmiri Muslims against 

Dogra regime was looked at as communal 

by some sections of the Pandit 

community. While the process of 

politicisation of the community of 

Muslims of Kashmir was a result of 

the consciousness of their situation of 

deprivation and utter powerlessness, 

the politicisation of Hindus was a 

step towards maintenance of their 

position of dominance. 

The articulation of political 

demands in specific Muslim context 

laid the basis for the political movement 

of Kashmir but it could not 

define the politics of Kashmir for a 

long time. There was an attempt for 

the secularisation of the political 

identity. It was in this context that the 

Muslim Conference was changed 

into National Conference whose 

membership was open to all irrespective 

of caste, creed or religion 3 . 

Punjabi (1995) argues that there was 

a resistance against this conversion 

of Muslim Conference into National 

Conference, mainly by leadership 

from Jammu and Mirwaiz Yusuf 

The objective situation 

in which Kashmiri 

Muslims were placed, 

in comparison to the 

dominant classes 

which were mainly 

Hindus from Kashmir 

as well as Jammu led 

Kashmiris to perceive 

their deprivation in 

terms of their religious 

identity 

Shah from Srinagar, which later led 

to revival of the Muslim Conference. 

Though there was an ideological difference 

between the two parties, but 

either of them could not do away 

with the idea of ‘Kashmiri Muslim 

identity’ and its leaders used 

mosques and shrines as their popular 

bases. 

Although the various attempts of 

secularisation of its organisation, the 

National Conference could not 

attract large number of Hindu masses 

either from the valley or from 

other parts of the state. It came under 

criticism from Praja Parishad (vanguard 

of Jan Sangh in J&K) for 

regional and religious bias on one 

side and from other side by Muslim 

Conference for its closeness to Indian 

National Congress 4 and its negligence 

for the cause of Kashmiri 

Muslims. This pre-1947 period 

becomes important reference point 

for the ongoing self-determination 

period because religion and politics 

became inextricably intertwined in 

defining and expressing the protest 

of Kashmiri Muslims against their 

rulers, which happens to continue 

even now. 

Competing nationalism(s) 

The post 1947 period saw the politics 

around Kashmir conflict as of 

competing nationalist visions and 

religious identity of Kashmiris once 

again came to fore front. Varshney 

(1999) recognises that Kashmir problem 

at its core is the result of three 

forces: religious nationalism represented 

by Pakistan, secular nationalism 

epitomised by India and ethnic 

nationalism embodied in what 

Kashmiris call Kashmiryat. The inclusion 

of Kashmir into Indian Union 

was considered necessary not only 

for fighting an older and larger battle 

of secular nationalism vis-à-vis 

Pakistan’s two nation theory but for 

confronting its old ideological adversary 

at home – that is Hindu nationalism. 

Pakistan, which was formed 

on the notion of a ‘nation for 

Muslims of sub-continent’, also 

claimed for this Muslim majority 

state 5 . Rai (2004) argues that both 

narratives of nationalism stress on 

the Muslim nature of Kashmir and 

Kashmiris. 

Apart from the broad narratives 

of Indian and Pakistani nationalisms 

based on secularism and religion 

respectively, there was a third narrative, 

which defined Kashmiri nationalism 

as distinct from the former two. 

Kashmiryat as an ideological tool 

was used to define ‘Kashmiri nationalism’ 

first by National Conference 

and latter by its offshoot Plebiscite 

Front 6 which was in favour of right to 

self-determination. The same idea 

was carried by the pro-independence 

groups like JKLF as an ideological 

tool for secular credentials of the selfdetermination 

movement in latter 

years. The historiography of Kashmir 

was explained by Kashmiri 

Nationalists not as periods of Hindu 

to Muslim to Sikh rulers but from an 




age of Kashmiri rulers to non- 

Kashmiris, which include Dogra 

rule, as well as Indian State. There 

were some religio-political groups 

like Awami Action Committee led by 

Mirwaiz and Jamat-e-Islami which was 

active in rural Kashmir gave more 

emphasis to the Muslim character of 

Kashmiri nationalism and Pakistani 

version of religious nationalism 

(Chowdhary 1998). The meaning and 

structures associated with Indian 

nationalism have become unimportant 

in terms of relating itself to the 

daily experiences of the Kashmiri 

Muslim population. 

Reassertion of Muslim identity 

The process of reassertion of the 

Muslim identity in Kashmir is closely 

linked to the politics of separatism 

arising mainly out of widely prevailing 

deep-rooted discontent against 

existing political arrangements. The 

period of four decades after 1947 saw 

the state sponsored violations of 

democratic rights of citizens on the 

one hand while on the other there 

was an attempt to bring permanent 

union of Kashmir with India. There 

The Kashmiri selfdetermination 

movement became 

more vocal in post- 

1989 period as it took 

the form of armed 

insurgency. The 

slogans in favour of 

Azadi (freedom) in the 

rallies organised by 

the various political 

groups were backed by 

some other slogans 

with ‘Islamic’ 

connotations 

The migration of 

Kashmiri Pandits to 

Jammu and other 

cities in India made 

the self-determination 

movement appear 

sectarian and 

fundamentalist 

was interference from the Centre to 

the extent that installation of puppet 

regimes and election rigging became 

a common phenomenon (Manor, 

2001; Bose, 2003). The arrest of 

Sheikh Abdullah in 1953 followed by 

‘Congressisation’ of National Conference 

and dilution of Article-370 by 

which Indian Constitution recognised 

Kashmir's 'special status' 7 

resulted in a gradual erosion of mass 

base of Kashmir’s politics. 

The Kashmiri self-determination 

movement became more vocal in 

post-1989 period as it took the form 

of armed insurgency. The slogans in 

favour of Azadi (freedom) in the rallies 

organised by the various political 

groups were backed by some other 

slogans with ‘Islamic’ connotations. 

Mosques became the readymade 

community centre to organise, agitate, 

protest and mobilise. According 

to Puri (1990b) and Bose (1997), 

mosques and shrines were used, as 

there were no democratic spaces for 

dissent and protest available. 

Besides assertion of ‘Muslim 

identity’, the movement came up 

with two different ideologies -- one 

adhering self-determination movement 

as purely secular and political 

movement and the second as struggle 

of Muslims to safeguard their 

religious interests. The ideological 

polarisation between the two strands 

divided the militant ranks with different 

goals of ‘complete independence’ 

and accession to Pakistan 

respectively (Punjabi, 2000). The secular 

nationalist strand of the movement 

was spearheaded by several 

organisations and parties, the foremost 

being JKLF which demanded 

that the state of Jammu & Kashmir as 

it existed prior to 1947 be united as 

‘one fully independent and truly 

democratic state’ (Malik, 1994; Khan, 

1995). On the other hand there were 

Islamist groups that gave more 

emphasis on the Muslim identity of 

Kashmiris in this self-determination 

movement. The Islamists lacked 

popular support in the valley due to 

their strict adherence to Islamic ideology, 

which came in conflict with 

local traditions. The nationalist 

groups who based the self-determination 

movement on ethno-cultural 

basis could not do away with the 

‘Kashmiri Muslim Identity’ while the 

strict adherence to Islamic ideology 

of Islamist groups was put under 

check by local traditions, belief system 

and customs. 

The migration of Kashmiri 

Pandits to Jammu and other cities in 

India made the self-determination 

movement appear sectarian and fundamentalist. 

Teng (1995) and Swami 

(2007) view self-determination 

movement in Kashmir not as a political 

movement but a Jihad for separate 

homeland in India which has led 

to extermination of Hindu population. 

The pro-independence militant 

groups claim that attacks on Pandits 

were not because of their religious 

identity but their positions in the 

state agencies. The number of 

Muslims killed by militants due to 

their anti-movement stand exceeds 

than the number of Pandits killed 8 . 

The division of “us” and “them” was 

more of political reasons than due to 

religious ones. 

The involvement of Pakistan in 

the self-determination movement of 

Kashmir has made many scholars to 

view it merely as religious movement, 

taking its roots to two-Nation 

theory. Apart from being involved in 

the Kashmir issue right from 1947, 

Pakistan is accused of being responsible 

of providing military support 

and training to Kashmiri militants 9 . 

Wirsing’s work (1994) argues that 

Pakistan was only interested in those 

‘Muslim separatists’ who wanted to 

merge Kashmir with Pakistan, and 

92 




denied all assistance to the pro-independence 

militant groups. According 

to Noorani (2000) and Bose (2003) the 

enormous and unexpected popular 

support for pro-independence 

groups with Kashmiri secular identity 

alarmed Pakistan as much as 

India. Shouting pro-Pakistani slogans 

and denouncing India do not 

necessarily imply a will to integrate 

with Pakistan or an Islamic resurgence 

among the Muslim population 

a stereotypical image of Kashmiri 

Muslims. 

In brief the political reality can be 

perceived with reference to the multiple 

political responses available in 

Kashmir and of these responses, the 

religious dimension is merely one. 

There has been sufficient assertion of 

the Muslim political identity and the 

relative erosion of the secular political 

ethos, yet it is difficult to argue 

that fundamentalism has completely 

overtaken the politics of ‘Kashmiri 

Nationalism’. The discourse of post 

1989 self-determination movement 

saw the growth of religio-political 

groups who perceived the political 

reality of Kashmir in terms of the 

Muslim Identity of its people and 

were critical about Kashmiri nationalist 

discourse. The basic issues for 

the people still remain the right of 

self-determination to decide their 

political future. The demand of 

rights in the language of religion and 

articulation of protest through religious 

symbols has made this movement 

to appear purely as a religious 

movement. 

—The writer is a research scholar 

with the Institute for Social and 

Economic Change, Bangalore 

References: 

Behera, Navnita Chadha (2000), State 

Identity and Violence: Jammu, Kashmir and 

Ladakh, New Delhi, Manohar. 

Bose, Sumantra (1997), The Challenge in 

Kashmir Democracy, Self-Determination 

and a Just Peace, New Delhi, Sage 

Publications. 

Bose, Sumantra (2003), Kashmir: Roots of 

Conflict, Paths to Peace, New Delhi, 

Vistaar Publications. 

Chandra, Prakash (1985), ‘The National 

Question in Kashmir’, Social Scientist, 

vol.13, no. 6. 

Hassnain, F.M (1988), Freedom Struggle 

in Kashmir, New Delhi, Rana 

Publishers. 

Kannabiran, K.G (1991), ‘Abuses of 

Article 370’ in Ashghar Ali Engineer 

(ed.), Secular crown on Fire: The Kashmir 

Problem, Delhi, Ajanta Publications. 

Khan, Ammanullah (1995), ‘Kashmir 

Tangle -The only Way Out’, Frontier 

Post, December 6. 

Lamb, Alastair (1991), Kashmir a 

Disputed Legacy: 1840 to 1990, Karachi, 

Oxford University Press. 

Malik, Yasin (1994), Our Real Crime, 

Srinagar, JKLF. 

Noorani, A.G (2000), ‘Contours of 

Militancy’, Frontline, vol-17, issue 20, 

September 30-October 13. 

Puri, Balraj (1990), ‘The Challenge of 

Kashmir’, Economic and Political Weekly, 

January 27. 

Puri, Balraj (1990b), ‘KASHMIR 

Defending National-Cultural Identity’, 

Economic and Political Weekly, March 3. 

Rai, Mridu (2004), Hindu Rulers, Muslim 

Subjects-Islam, Rights and The History of 

Kashmir, New Delhi, Permanent Black. 

Sikand, Yoginder (2002), ‘Changing 

Course of Kashmiri struggle: From 

National liberation to Islamist Jihad?’, 

Economic and Political Weekly, January 

20. 

Sufi, G.M.D (1949), Kashmir: Being a 

History of Kashmir (From Earliest Times to 

Our Own), Vol.II, Lahore, University of 

Punjab. 

Swami, Parveen (2007), INDIA PAK- 

ISTAN and the SECRET JIHAD The 

covert war in Kashmir, 1947-2004, 

London, Routledge. 

Teng, M.K (1995), ‘Violation of Human 

Rights – Whose?’ in Verinder Grover 

(ed), The story of Kashmir: Yesterday and 

Today, New Delhi, Deep and Deep 

Publications. 

Tremblay, Reeta Chowdhari (1996-97), 

Nation, Identity and the Intervening 

Role of the State: A study of Secessionist 

Movement in Kashmir, Pacific Affairs, 

vol. 69, no.3. 

Varshney, Ashutosh (1991), “INDIA, 

PAKISTAN, AND KASHMIR 

Antinomies of Nationalism” ASIAN 

SURVEY, vol. XXXI, no. 11 

Wirsing, Robert G (1994), India, Pakistan 

and the Kashmir Dispute: On Regional 

Conflict and Its Resolution, New York: St. 

Martin’s Press. 

Endnotes 

1 The term Self-determination is used here 

instead of Separatist or Secessionist because 

it is Self-determination (Haq-e-Khud- 

Idariyat in Kashmiri language) that is being 

used in Kashmir by various political groups 

and large sections of people. People who are 

entitled to self-determination can be debated. 

2 The State of Jammu & Kashmir came under 

the Dogra rule when British transferred it by 

the Treaty of Amritsar of March 16, 1846 to 

Gulab Singh by what amounted to be a sale 

deed for the sum of Rs 75,00,000 

3 The first political party, All Jammu & Kashmir 

Muslim Conference was established in 1932. 

The prominent leaders of this party were 

Shiekh Abdullah from Kashmir Valley and 

Chowdhary Ghulam Abass from Jammu. 

The same was renamed as National 

Conference. However, Gulam Abass split the 

party and named his faction as Muslim 

Conference. This came to play a significant 

role in Kashmir politics during 1940s. 

4 Indian national Congress as well as Muslim 

League attempted to influence the political 

movement in Kashmir with their respective 

ideologies. 

5 This claim of Pakistan on the basis of religion 

became weak after the creation of 

Bangladesh. Even though the Bengalis of 

East Pakistan decided to go with Pakistan 

because of a common religion – Islam, the 

assertion of a separate Bengali identity started 

taking shape with the launching of an agitation 

for adoption of Bengali as a national 

language 

6 Plebiscite Front was formed in 1955 by Mirza 

Afzal Beg after the dismissal of Shiekh 

Abdullah. It was main political group that 

was critical about finality of Accession and 

made demand for Plebiscite. It was banned 

in 1971 under unlawful Activities 

(Prevention) Act. The Indra-Shiekh Accord 

of 1973 in which Shiekh Abdullah accepted 

complete accession of Kashmir to India and 

dropped the idea of Self-determination 

annoyed its leaders. 

7 In accordance with Article 370 as a condition 

for Instrument of Accession, the Indian 

Parliament could legislate only on three subjects 

– defence, foreign affairs and communication, 

while all residuary powers were vested 

with Jammu & Kashmiri. Now the meaning 

of Article 370 remains that people from 

outside J&K cannot own immovable property. 

However, Article 370 is being challenged 

by right wing parties. 

8 ‘209Kashmiri Pandits killed since 1989, say 

JK cops in First report’-www.Indianexpress. 

com/story/3v547.html 

9 The US State Departments report (1994) on 

global terrorism validates India’s claims that 

there was official Pakistani support to 

Kashmiri militants. Some support came from 

private organisations such as Jamat-i-Islami. 




Press trussed 

by draconian laws 

The Press in J&K has seen 

many instances of 

suppression, both by the 

state government and those 

opposed to the state. But 

The Fourth Estate has 

valiantly fought 

back for the sake of 

people’s rights, writes 

Professor SM Afzal Qadri 

Press all over the world is considered 

as the mirror of the 

society. History acknowledges 

the contribution of the press in the 

success of almost all the major struggles 

and movements of the world. It 

is the primary responsibility of each 

member of the press to be unbiased, 

impartial, and report every event 

objectively. Any lapse on the part of 

the press may lead to chaos and confusion 

in the society. That is why a 

common man trusts and expects that 

whatever media projects will be correct 

and true. Once they sensationalise 

the issue and are biased in their 

reporting, their integrity becomes 

doubtful. That is why the need arises 

to control the press by enacting laws. 

But these laws were never meant 

to undermine the use of the press in 

any manner and the objective of the 

laws was never to use the press for 

political gains. Its utmost aim was to 

apprise the people of the society 

about the ongoing events in a particular 

society. Which would otherwise 

mean that one of its objectives definitely 

was to apprise the people 

about the ongoing peoples movements 

as well. Unfortunately the 

press is not allowed to highlight the 

events relating to such movements, 

because of pressures from government. 

As a legitimate way to curb 

any such reporting the legislature 

has passed many Acts in order to not 

allow the press to report the truth 

more particularly in the conflict 

regions like J&K. 

The constitution of India has 

given due importance to freedom of 

the press. It is one of the fundamental 

rights, but this right is not unbridled 

and is subject to certain controls. 

An honest journalist has to face 

a number of odds in performing his 

daily duties, which can go to the 

extent of losing lives. Role of the 

press becomes more difficult when 

the journalists have to work in a conflict 

situation. The Kashmir valley is 

facing a conflict since last many years 

and the last 20 years have seen the 

worst kinds of human rights violations. 

There have been civilian 

killings at the hands of security 

forces, local police and governmentsponsored 

gunmen. Rapes, murders, 

custodial violence, disappearance 

has become the norm of the day and 

all these things need to be reported in 

the press in order to highlight the 

plight of a Kashimiri who has been 

fighting for their rights for decades. 

In such a situation it becomes an 

imperative for the local and national 

media to report all such cases of 

human rights violations. In such situations 

if a person is honest in his 

reporting and news analysis it is a 

big achievement. Some times while 

in the process of appeasing both warring 

factions, truth is undermined. 

In order to curb the voice of a suffering 

Kashmiri and to restrict news, 

the State of J&K has enacted a number 

of laws to regulate the working of 

press. The anti-Press Laws in the 

being many, some of them are 

referred to as under 

94 




Another threat faced 

by press fraternity is 

their abduction by 

unknown persons. The 

recent abduction of a 

veteran journalist 

Shujat Bukhari is an 

example 

(a) Rule 34 of the J&K Public 

Security Rules, 1946 binds the newsmen 

to disclose the sources of their 

information and prescribes three 

years imprisonment with fine as a 

punishment for not doing so. Rule 35 

provides five years imprisonment for 

contravention of order to public 

newspapers after pre-censorship. 

Rule 36 prescribes three years imprisonment 

for contravening an order 

"prohibiting performance of any 

drama containing any prejudicial 

report". Rule 65 (b) prescribes three 

years imprisonment for contravention 

of an order requiring shopkeepers 

to keep open the shops for conduct 

of essential business and not to 

observe hartal. 

Section 10 of the Press & 

Publication Act, 1932 empowers 

the government to seize printing 

presses used for printing newspapers 

containing "any words, signs 

or visible representation" which 

(a) incite commission of any cognizable 

offence, (b) directly or 

indirectly expresses, approves, or 

admires any such offence and (c) 

to bring into hatred or contempt 

the government established by 

law to excite disaffection towards 

the government or make malicious 

attacks on the government 

or any of its ministers or misinterprets 

the policies and activities of 

the government." 

Section 153 (a) of the Ranbir Penal 

Code prescribes seven years 

imprisonment for promoting 

hatred between different sections 

of the people on ground of religion, 

region, place of birth, etc 

 

 

besides doing acts prejudicial to 

maintenance of harmony. 

Sections 190 (a), 296 (a) and 505 of 

the code dealing with "statements 

conducive to cause fear or public 

alarm" and carrying imprisonment 

up to three years also take 

care of writings aimed at fomenting 

communalism. 

Section 8 of the Public Safety Act, 

1978 provides detention without 

trial of persons including journalists 

for "acting in any manner 

prejudicial to security of state or 

maintenance of public order and 

maintenance of services and supplies 

essential to the community". 

The security of the state embodies 

most of the genuine fields of a 

reporter. 

Section 25 & 25 A of the J&K 

Customs Act, 1958 empowers the 

government to detain any packet, 

newspaper, books if it contains 

any material which is punishable 

under section 121-130, 153 A, 295 

of Ranbir Penal Code". 

Although the purpose of these 

laws ought to have been to control 

and regulate the working of the press 

but often these laws are misused to 

gauge the press in order to stop the 

objective reporting of events. The 

state’s power to forfeit any printing 

press where any paper is published if 

that paper contains any material 

which incites any act of murder 

under or any act of violence Act 1908 

can be easily used against journalists. 

Similarly the power of a district magistrate 

to forfeit the press/newspaper 

is the easiest way to deal with the 

people who are reporting any kind of 

human rights activity, which directly 

or indirectly involves the state government 

or its functionary. The various 

sections of J&K Public Safety Act 

1978 can be used to restrict the freedom 

of press. 

The press in the state especially 

in the valley witnessed worse situation 

but they performed their duties 

boldly; they had to face and convince 

both parties without surrendering 

there basic norm of objectivety. There 

have been times when certain sections 

of the press were biased in 

favour of militants but the instances 

are negligible. There are cases when 

newspaper offices were raided, ransacked, 

equipments damage, and 

pressmen being humiliated and 

assaulted while performing their 

professional duties. In a recent incident 

on 29th of June 2008, security 

forces in Srinagar dealing with an 

incident of lathicharge beat up two 

photojournalists. Gunmen killed a 

prominent journalist in his office in 

early nineties and culprits are still at 

large. The killing of veteran photojournalist 

Mushtaq Ali in a parcel 

bomb blast is a mystery till date. 

Nobody could do any thing except 

naming residential colonies of pressmen 

after his name. Veteran valley 

based journalists like Yousuf Jameel, 

Zaffer Mehraj, NDTV cameraman 

Zafer Iqbal had a close shave with 

death. Parwaiz Sultan became the 

victim of bullets of unknown gunmen. 

Another threat faced by press fraternity 

is their abduction by 

unknown persons. The recent abduction 

of a veteran journalist Shujat 

Bukhari is an example. His abduction 

was followed by another abduction 

of a correspondent of a local daily. 

Those who resort to these tactics 

want that press should not report 

objectively but they should toe the 

line, which suits the parties, whose 

news they are supposed to carry. 

If we analyse the role of press in 

the state especially, the valley we will 

find that they have to walk on razor’s 

edge. Journalists were killed during 

periods of turmoil but no one was 

punished by the state for any such 

killing. The recent decision of the 

state to stop telecasting some 

Pakistani channels in the valley is 

another example of restricting freedom 

of expression in the state of 

J&K. 

Whether amid such stringent 

press laws in J&K the scribes are in a 

position to write boldly and objectively 

or not can well be imagined. 

Yet, the members of this press community 

have contributed a lot to the 

ongoing movement and have shown 

the ultimate professionalism often at 

the cost of their lives. 

— The writer is a Professor of Law 

at University of Kashmir 




Disabled at the 

mercy of fate 

Jammu and Kashmir like other conflict zones in the world has a significant number of 

disabled individuals. But the state response as well as the larger civil society remains 

indifferent, writes Sajid Iqbal 

"Democracy is a government of the 

people, by the people, for the people." 

stated Abraham Lincoln. 

"Democracy means simply the bludgeoning 

of the people, by the people, for 

the people." observed by Oscar Wilde 

One the ideal, the other, the 

heartbreaking reality... 

Compounding the already 

abysmal human rights situation in 

the state of Jammu and Kashmir is 

the gross neglect of persons with disabilities 

by society in general and the 

state in particular. The existing 

approach seems to be to wish away 

all forms of disability from fashionable 

Kashmiri society. The armed 

conflict in the state has led to an 

alarming increase in the numbers of 

the disabled. There are 302,670 persons 

with disabilities, constituting 

about three percent of the total population 

of the state, as per the Census 

of 2001. Unofficial estimates overtake 

that figure, as it only takes into 

account persons that are registered 

as differently-abled. Prior to the year 

2001, no census was ever conducted 

specific to persons with disabilities, 

and even this was done on the directions 

of the Supreme Court of India. 

Consequently, there are no figures 

available that definitively state the 

extent of disabilities in the State 

before the outbreak of insurgency. 

It is common knowledge, however, 

that disability in all its forms was 

relatively unknown in Kashmir until 

the beginning of the turmoil. 

Kashmiris were, by and large, a 

healthy, able and vibrant people. 

Besides, it is telling that the kinds of 

disabilities found in Kashmir and 

other militancy-affected areas today 

are unique to conflict zones around 

the world, be it physical or psychological 

disabilities. For instance, 

limbs lost because of landmine 

explosions are typical of any conflict 

zone. The same is, unfortunately, an 

all too familiar sight on the streets of 

Kashmir. Similarly, cases of trauma 

consequent to incidents of violence 

are found in abundance, though, at 

first glance, they may not be easily 

discernible. Partial and total paralysis, 

resulting from both shrapnel 

wounds and bullet injuries, has 

reached epidemic proportions. 

The Disabilities Act 

That the state has turned a blind 

eye to the needs of the differentlyabled 

would be only partially true. 

Token noises have, without doubt, 

been made, in that a law, namely, the 

Jammu and Kashmir Persons with 

Disability in figures 

Total population of J&K = 10143700 

No of Disabled in Kashmir Region = 5476970 

No of Disabled in Jammu Region = 4430191 

Ladakh Region = 4430191 

Disabled Population = 302670 

Disabled Male = 171816 

Disabled Females = 130854 

Rural Males Disabled = 229718 

Urban Males Disabled = 42373 

Rural Disabled Females = 100275 

Urban disabled Females = 30579 

96 




Disabilities (Equal Opportunities, 

Protection of Rights and Full 

Participation) Act, 1998 (hereinafter 

referred to as the Disabilities Act) has 

been enacted. But like so many other 

legislations, there exists a wide gap 

between its enactment and implementation. 

Only 57,474 persons get 

pension from the state government, 

under sundry schemes such as the 

Integrated Social Security Scheme 

(ISSS), run by the Jammu and 

Kashmir Social Welfare Department, 

and the pension scheme run by the 

Jammu and Kashmir Council for the 

Rehabilitation of Militancy Victims, 

both formulated under the 

Disabilities Act. Even that pension 

varies between a paltry Rs 300-500 a 

month. 

Another damning indictment of 

the political machinery of the state is 

that it neither has required educational 

facilities for the differentlyabled 

people, nor has the mainstream 

educational network been 

enabled for people with special 

needs. Livelihood issues of such persons 

have also been swept under the 

carpet. The Act also provides for 

three percent reservation in employment 

for the physically challenged, 

which is in proportion to their numbers. 

Notwithstanding this, according 

to the Census of India, 2001, more 

than 80 percent of the adult workforce 

among differently-abled persons 

cannot find work. 

Even such persons as are 

employed or such children as who go 

to school from among persons with 

disabilities, do so only ostensibly, or 

for namesake. A barrier-filled environment 

ensures that such persons 

stay at home. Even when they venture 

out, they do so at the cost of 

their dignity. The result? Persons 

with disabilities are forced to waste 

away, doing little or nothing, and 

putting an often unwelcome financial 

burden on their families. This 

compounds problems of psychological 

trauma and depression among 

these persons, the extent of which we 

can only speculate about. An entire 

block of the population is thus rendered 

useless and severely traumatised. 

This story of indifference does not 

end here. Under Section 33 of the Act, 

The needs of this 

section of population 

should 

compassionately be 

assessed and the 

necessary investments 

made to ensure that 

those who can attend 

the common school 

and health systems 

are enabled to get 

urestricted access to 

such facilities and 

persons with special 

needs are catered to 

separately 

the state is responsible for taking 

measures to make transport facilities 

accessible to persons with disabilities, 

by taking steps such as adapting 

rail compartments, vessels and waiting 

rooms in such a way as to make 

them accessible to such persons. 

This, however, is most often 

observed in breach. The process cannot 

even be said to have been set in 

motion. Similarly, Section 15(a), read 

with Section 19(b) of the Disabilities 

Act, provides for the removal of 

architectural barriers from schools, 

colleges and other institutions 

imparting vocational and professional 

training. Not one such institution 

in the State adheres to this statutory 

prerequisite, the result being that differently-abled 

children have no 

option but to stay away from school. 

This is borne out by relevant statistics: 

even though Section 15(a) of the 

Disabilities Act provides for free education 

for children with disabilities 

up to the age of 18 years, yet more 

than a third of the 36,714 children 

with disabilities in the state are out of 

school. This particularly distressing 

revelation was made in a survey conducted 

by the Jammu and Kashmir 

Department of Education in 2003- 

2004. 

Interventions 

Short-term measures to tackle this 

would include the payment of a substantial 

amount as ex-gratia by the 

government in all cases of disabilities 

attributable to the armed conflict, 

along with the continuation and 

enhancement of schemes such as the 

ISSS where pensions are no more 

than a pittance. This would ensure 

that persons with disabilities are not 

embarrassed with meagre pay checques 

of Rs 300 a month, and would 

go a long way in bringing them 

much-needed succour. 

However, such measures cannot 

substitute concerted efforts on part of 

the state to make them stand on their 

own feet, as it were. Stricter implementation 

of the reservation policy 

for persons with disabilities needs to 

be ensured, so that deserving persons 

actually get jobs earmarked for 

them. The creation of a mechanism at 

the government level to earmark jobs 

for the differently-abled and vigorous 

follow-up to ensure that the staff 

selection agencies actually provide 

the said jobs to the differently-abled 

would go a long way in ameliorating 

their lot. 

In the longer-term, state policy as 

well as non-governmental organisations 

have to be influenced to do 

more by way of improving educational, 

health and livelihood opportunities 

for the differently-abled. The 

needs of this section of population 

should compassionately be assessed 

and the necessary investments made 

to ensure that those who can attend 

the common school and health systems 

are enabled to get urestricted 

access to such facilities and persons 

with special needs are catered to separately. 

The state and NGOs must also 

explore avenues of self-employment 

for such people as the state cannot be 

expected to shoulder the entire 

responsibility. Only then can the differently-abled 

be said to be equal citizens, 

and, from that moment on, our 

society shall be truly democratic. 

Nearer the ideal and farther from the 

heart-breaking reality… 

 


4 words And Images:general.qxd 8/1/2008 8:08 PM Page 98 


Verses beat venom 

One of the victims of the political turmoil in Kashmir has been Kashmiri literature. While 

writers and writings have suffered severely, there remain quite a few sobering voices, 

rather verses, writes Neerja Mattoo 

“I am in blood stepped in so far that 

should I wade no more 

Returning were as tedious as go o’er” 

The hopelessness of Macbeth’s 

words is an apt summing up of 

the situation in which most 

Kashmiris in the valley found themselves 

in the recent past. Writers are 

supposed to be the voice of those 

who cannot speak for themselves 

and thus their work, no matter what 

flights of imagination prompt it, mirrors 

the dominant mood of the times. 

Our writers, however, were neither 

the protagonists in the ‘action’, nor 

were their voices of much consequence 

in the raging debate. What is 

known as the ‘ongoing struggle’, in 

the journalese of Kashmir, had no 

use for literature unless it could be 

used to reinforce a certain ideology. 

In this scenario, most valleybased 

writers preferred silence rather 

than made-to-order eloquence. 

Today, however, interestingly 

enough, the literary scene in 

Kashmiri presents a paradox also. 

There is fear of speaking, yet the 

desire to speak cannot be suppressed. 

The suffering and pain have 

left no one unaffected, making people 

much more articulate, eager to 

express themselves in prose and 

poetry, and what is more, get published. 

Those who sought refuge outside 

have also became so voluble that 

vast numbers of books are produced, 

mostly poetry. 

The first thing that strikes one 

when looking critically at the literature 

of the past two decades in 

Kashmiri, is the cleavage between the 

valley-based and the Jammu or elsewhere 

based writers, not only in their 

themes but even in the vocabulary 

and diction. For the former the dominant 

themes are death and destruction, 

suffering on a large scale, a dark 

cloud of uncertainty, while for the 

latter there are also the loss of 

‘Paradise’, which was home, nostalgia 

and anguish. A sense of helplessness 

broods over a landscape painted 

in red and black in most creative literary 

works these days. The circumstances 

in which the Kashmiris live 

have put their faith in humanity 

under severe test. One of the most 

powerful voices of modern Kashmir 

and the prestigious Gyanpith award 

winner Rehman Rahi also seems 

affected by the malaise as is evident 

in his 1995 poem, ‘Khodaya’. 

The poem adopts the interrogatory 

mode, as though in an atmosphere 

of fear all certainties are dead. It goes 

like this: 

It may not be possible to speak, what 

can one do? 

But the heart mightn’t bear the burden, 

what can one do? 

The rose cannot but bloom, can it? 

Carry the burning flame of love it 

must, what can one do? 

Its petals are torn to bits on the thorn, 

Head crowned with a turban of blood, 

what can one do? 

The tone of the poem is one of 

despair before a cruel destiny, which 

affects all humanity. What is noticeable 

is that the poet is not a subject, 

but an object, that is, things happen 

to him, he does not make them happen. 

This sense of powerlessness is a 

recurring theme. 

These lines from a Ghulam Nabi 

Nazir’s ghazal, is yet another example 

of this blood imagery. 

In couples we placed the stars, with 

drops of our blood 

And passed the night in phrasing a 

love-letter 

And adorned the dust with the red of 

poppies 

As mentioned earlier, thematically, 

however, most of them have withdrawn 

into a personal sorrow or narrow 

communal grooves. They seem 

to play a repetitive tune for a particular, 

limited audience. It is as though 

writers have carved out separate constituencies 

for themselves: the heroes 

of one group have become the villains 

for another. Sadly, the legacy of 

shared tradition, coupled with a freeflowing, 

uninhibited individual talent, 

is in tatters. It seems that a tight 

circle has been drawn around these 

groupings and most writers are content 

to operate within these, forgetting 

how restricting to their vision it 

is. The works of those who are producing 

what they term as ‘literature 

in exile’ are full of the theme of displacement 

and nostalgia for a lost 

home, idyllic in memory. There is 

anger, the pain of betrayal, but the 

love for the sights and sounds of the 

beloved land and its people as they 

are in their memory, a longing for a 

whole way of life, shines through the 

pain. 

Says Moti Lal Saqi in his poem, 

‘Myon Shahar’ (My Town): 

I remember that sweet old town! 

The simple and straight, hand-kissing 

town, 

I could die for it. 

The sons of darkness lit a pyre on its 

brow 

And swept its streets with blood, 

And now it twists the neck that once 

held the head so high… 

Would anyone dare leave a window 

open?… 

I would go home to my village 

98 




This city has stolen my rest… 

My head on a stone in the willowgrove, 

I’d sleep and sleep till end of day. 

The shade of chinar in these mine eyes 

I’d drain the spring and cool myself. 

A debilitating feature of present 

day Kashmiri poetry is that it is too 

burdened with the present. We find a 

tendency to almost luxuriate in grief, 

a cultivation of emotions of self-pity, 

leading to self-absorption, which 

saps the vigour of an artistic creation. 

Victim hood seems to be the theme of 

choice. The ideal of the Keatsian 

“Negative capability” through which 

the artist’s own self does not constantly 

intrude upon the scene is 

hardly in evidence. There is no separation 

between the one who suffers 

and the one who creates something 

out of that suffering. Apart from this 

tendency to de-universalise the text, 

it also leads to a growing cleavage 

between the concerns of the poets 

based in the valley and those who 

have left it. In their diction and 

choice of symbol and myth too, a 

turning away from each other has 

crept in. But there are a few who 

refuse to fall in this trap. 

Apart from the vaakhs of Bimla 

Raina, which, being mystical in content 

are far above sectarian concerns 

and addressed all humanity, the two 

poems quoted below from translation, 

are exceptional because though 

dealing with the here and now, they 

succeed admirably in rising above a 

limited constituency. One is the celebrated 

painter-poet Ghulam Rasool 

Santosh’s ‘Baala Aadan Myon Tohi 

Ma Dyunthvon’ (Did You Happen To 

See My Lost Childhood?) and the 

other is Naseem Shafai’s ‘ Ba, Na 

Thsai Na Aks’ (I -- Neither Shadow 

Nor Reflection). Santosh consciously 

weaves in the Islamic, Saivite and 

Sufi symbols and myths into the fabric 

of his poem to fashion a garment 

of Kashmir’s composite culture. It 

reverberates with resonances of a 

common heritage, the joy and richness 

of the past and the desolation of 

the present scene. Thus it beckons 

one to a shared human, universal 

concern: 

The Nagin and Parbat, my history manifest! 

Satisar and Nilnag, Eternal Truth! 

At Kashyap’s call was revealed the 

land. 

Even now the Veth flows naked, chanting 

his name. 

How often she hid underground, at 

sight of sin! 

Today our heads are buried, weighted 

by her curse. 

Fortified with faith, how Budshah 

sailed the lamps in her stream, 

And celebrated her birthday with vermilion 

dots. 

The world could see its face in it, so 

pure and limpid the mirror of my 

land! 

But what do I see now with eyes motheaten? 

Do I pluck out the stars and ask the 

It also leads to a 

growing cleavage 

between the concerns 

of the poets based in 

the valley and those 

who have left it. In 

their diction and 

choice of symbol and 

myth too, a turning 

away from each other 

has crept in 

question— 

Did you by chance see my lost childhood? 

With our tongue purified the Kalma we 

read—a fountain of knowledge! 

The many who came, their truths we 

fashioned in our way, 

Embraced the raging fire of faith, 

And drank their wisdom in one deep 

draught. 

Did you by chance see my lost childhood? 

In Naseem Shafai’s poems, we 

hear a woman’s voice, strong and 

bold, speaking for all womanhood 

and transcending, in its sweep, all 

sectarian boundaries. Hers is a feminist 

discourse, but neither shrill, nor 

strident. Her references are to 

women whose life and works make 

up the stuff of our collective consciousness 

and whose words ring in 

our collective memory. They suggest 

that gender sensitisation would 

enrich the whole of humanity. 

The first is titled, “The Wail”: 

Once upon a time there was a Queen. 

At the end of every day, she would wait, 

With the doors thrown open, 

For her little princes to come home. 

Little hesitant, a bit afraid, 

She’d ask her neighbours, women like 

her, 

“Are your children also out, still? 

My own have quite forgotten their 

home! 

God alone knows where they have 

strayed, 

The grains of rice grow cold in the 

plate!” 

(B) 

She is the one whom one day someone 

told something. 

And her doors and windows were suddenly 

shut. 

But in the dead of night, the ocean broke 

its bounds, 

And the neighbours heard a long, 

unending wail— 

“Do not die on me, you are so young! 

Do not die, your nails but barely 

henna-tipped!” 

The image of the ocean has traditionally 

been used in Kashmiri literature 

as a symbol for the material 

world, from which the mystics, 

whether Islamic or Saivite, have 

sought to be ferried away. But here 

the poet uses it as a symbol of the 

boundless world of suppression, 

repressed feelings and constricting 

restrains of propriety that women 

have always had to live with. Sooner 

or later the bounds must give way 

and a bereft mother’s wail heard. 

This is one way a woman writer, 

apart from articulating the grief of 

Kashmiri women who have lost their 

promising sons to the insurgency, is 

also recording a protest against the 

long silence imposed on women. The 




image of the ‘henna-tipped nails’ is, 

however, a common motif in 

Kashmiri romantic poetry. Here 

Naseem is, consciously building 

upon a tradition to make a modern 

statement. The familiarity of the 

image, normally associated with celebrations, 

makes the situation even 

more poignant. 

The second poem is titled “I -- 

Neither Shadow Nor Reflection”: 

Like always you came and stood at the 

door, saying nothing. 

Had I a fistful of words, I would deck 

your lips with them, 

And hear those flaming words that 

you always desire. 

Your face alone I could not read, but 

the heat of your glance I felt. 

Felt it in my blood that you’d come 

today, come for me alone 

In my mind I knew that now when 

you come 

It would be to listen to my breaths 

alone 

You would enter my ravaged breast 

like the breath of spring 

But you are still there, rooted to the 

spot 

And the thread of my words is 

snapped. 

You have no idea of the shapes you cast 

me in! 

I came like Lal and weeping I rose at 

the waning of the night 

And woke you up, O mad one, and 

you learnt to speak. 

I was Habba Khotun and called you 

my sky 

Called myself the earth and you a 

cover over all my secrets! 

Became your garden and asked you to 

come and taste its wealth. 

What rival of mine seduced you and 

drew you away from me? 

Tarry a while and remember---it was 

me that held you in my lap and 

sang: 

‘I would deck you up under the cherry 

trees!’ 

I kept all the fasts, praying you’d stay 

a while 

Through the night read all the Koranic 

verses for love of you! 

Should you come as Krishna, assuming 

numerous guises, 

I will still be Meera, with you at each 

step you take. 

Should you pay heed to slander and 

ask me to prove myself, 

I will stand in the flames and still keep 

chanting,’Ram, Ram’! 

God commanded me, ‘Go, inhale the 

fragrance from that bottle, 

To you a Messiah will be born, though 

without the ceremonies of henna and 

the 

nuptial. 

As mother of Jesus, as Mary ,how my 

value rose! 

But the abrasions of calumny trailed 

my steps from day one 

Did you ever seek my consent? Ah, the 

faces you gave me 

Was any one of them actually mine? 

The subject is that of 

the displacement and 

consequent endless 

pain and suffering of a 

Kashmiri pandit family 

forced to live in a 

refugee camp in the 

hot plains of Jammu— 

an alien climate, but 

the story is given a 

universal dimension 

When I wept and shed tears, you 

said,’You have no forbearance’ 

When I tried to speak, you stifled me 

with a kiss! 

No, I am not like you, nor the image of 

me in your dreams 

You are you—and I have my own 

being, 

Should you want to race, in me you’ll 

find a competitor 

I am a separate being ant that is what 

you have to know. 

Alone as Adam, forgotten you’d be 

As each angel bowed to you, exhausted 

he’d be 

Who would know of you if I hadn’t 

tempted you 

That apple tree in Eden—it was I who 

showed it and you saw. 

Come, go down in me and plumb my 

depth for a while 

And know that I am something beyond 

beauty of form and face. 

Come on, descend like Krishna from 

the skies and worship me 

Come on, as Rama come and let me 

put you through a trial by fire 

Lal saw me in Shiva’s embrace and 

told you of it— 

It was me, me alone but still you did 

not know! 

Should you again abandon a Habba in 

midway somewhere, 

What if she too turned away from you 

in disgust, would you put her to 

death? 

If knowledge dawns on you even 

today, then come, 

If you find your way. I’ll know you’ve 

really come 

Today for me alone, to stand by me, 

with me, a real Adam! 

Then I’ll know that now you know—I 

am me, neither shade nor reflection. 

The appeal of this poem is universal. 

Apart from the powerful 

theme, the variety of allusions 

throughout weaves a rich tapestry. 

This is the voice of a subject, not an 

object, so far only found in our mystical/spiritual 

poetic tradition. In secular 

literature it is an original note, 

hence most welcome. 

In the field of fiction we once 

again come across the tendency to 

brood over the present, which leaves 

most with only a limited time/space 

interest. But in some outstanding 

short stories like Rattan Lal Shant’s, 

Thsen (Disconnection) this limitation 

has been overcome. The subject is 

that of the displacement and consequent 

endless pain and suffering of a 

Kashmiri pandit family forced to live 

in a refugee camp in the hot plains of 

Jammu— an alien climate, but the 

story is given a universal dimension. 

The characterisation and concerns 

show a fine understanding of human 

nature. It could thus be the tragedy 

of anyone, anywhere, any time. 

Instead of indulging in self-pity, the 

author achieves a rare objectivity. 

— The writer is former principal 

and head of Women’s College, Srinagar 

100 




The forgotten voices 

The Kashmir conflict might have brought further fetters on an already constricted world 

for the Valley’s women. Yet, some of them not only put up a valiant fight to come through 

trying moments, they also have a story to tell, which is so different from those normally 

heard from men. Amrit Dhatt reviews Speaking Peace, a collection of narratives of women 

in Kashmir 

South Asia has played host to a 

great deal of violent conflict 

predicated on ethno-nationalist 

lines. While it has been written about 

extensively, women’s voices and 

experiences have never been at the 

forefront. Kashmir, the most well 

known conflict zone, is one of the 

longest running conflicts in the 

world and has an appallingly large 

record of human rights abuses. 

Women in the Valley have experienced 

war in ways that are distinct 

from men’s experiences. The adversity 

of women’s experiences needs to 

be recognised and understood in a 

comprehensive manner. The incidences 

of women headed households, 

rape and forced veiling highlight 

the ways in which women are 

structurally disadvantaged and face 

an oppression that is two-fold. Not 

only are they innocent civilians 

caught in the crossfire, they are also 

fighting for equality within a context 

that does not allow them that freedom. 

The oppression of women in 

Kashmir is not specific to one religious 

group, as war is accompanied 

by a culture of misogyny that is experienced 

by all groups. 

In Speaking Peace: Women’s 

Voices from Kashmir, Urvashi 

Butalia has compiled women’s 

diverse experiences from Kashmir 

and, as a result, has contributed significantly 

to the dialogue on 

Kashmir. Diverse narratives, authors, 

stories, perspectives and styles are 

used in this collection in an attempt 

to unveil the complexities of 

women’s experiences. The book is 

also a platform for the projection of 

women’s voices on the conflict; this is 

significant because the public dialogue 

on the conflict leaves very little 

space for women’s perspectives. 

Through this book, Butalia has transformed 

the conflict in Kashmir from 

a political problem to a human problem. 

The book gives the issue human 

Book : Speaking Peace: 

Women’s Voices 

Editor: Butalia, Urvashi) 

Publisher: Kali for Women 

New Delhi 

Price: Rs 300 (paperback) 

Page: 618 

ISBN: 81-86706-43-7. 

faces, emotions, and perceptions. 

Speaking Peace allows us to hear what 

alternative interpretations of war and 

peace sound like. 

Butalia, in her introduction, is 

clear about the aim of this book: “it 

aims to mark a moment in the history 

of the conflict, a moment when the 

presence of women, whether as victims, 

agents, or perpetrators can no 

longer be ignored, a moment which 

makes it clear that any initiative for 

peace and resolution of the conflict 

must take women into account and 

involve them centrally.” She spells 

out the ways in which the conflict has 

created a situation of tremendous 

trepidation and uncertainty in 

women’s lives. She also raises a very 

important question that is seldom 

heard: “Does the ‘return’ of peace 

then mean going back to the conditions 

that existed - the status quo - 

before conflict broke out, no matter 

how terrible those conditions might 

be?” 

Butalia’s question is significant 

and opens up space for more critique 

of this unchallenged idea of azadi, 

which is presumed to bring peace. 

For instance, what does ‘peace’ mean 

for women whose levels of violence 

have escalated in the home? Does 

freedom from violence extend to the 

private domain as well as the public? 

These are questions that Butalia does 

not claim to have answers to but she 

asks them in order to show that the 

negative repercussions of conflict are 

not confined to the public sphere. 

Moreover, if women are expected to 

fight for azadi or a new status quo, 

then these questions are imperative 

because it will be a futile fight if 

peace does not extend to all spheres 

of society. Issues that are presented in 

the book have been taken in order to 

extract themes and patterns, to produce 

a critical analysis on gender and 

conflict in Kashmir. 




Violent past 

The first chapter is an excerpt 

from a book entitled, This Happened 

in Kashmir. In this narrative, Krishna 

Mehta recounts her struggles after 

1947, when she lost her husband and 

began fending for herself and her 

young family. The book was first 

published in 1954 and is a valuable 

document of the trials and tribulations 

that so many women had to 

endure around the time of partition. 

Mehta’s experiences are unique to 

her; being in a position of power and 

affluence before 1947 allowed her to 

bring her family to safety in Srinagar. 

Conversely, there are certain aspects 

of Mehta’s story that hold true for 

women all over South Asia during 

her time. Many Muslim and Sikh 

families tried to help the Mehtas 

when they were fleeing from persecution, 

however, when their own 

lives were put in danger, Mehta and 

her children were turned away. 

Many families recount tales of kindness 

from neighbors from religions 

that were being pitted against each 

other. There are numerous stories of 

Muslims, Sikhs, and Hindus showing 

acts of kindness and compassion 

towards one another while outside 

their homes, marauders were massacring 

people of rival faith. Tales of 

bloodshed are commonplace when 

trying to make sense of what happened 

in 1947, and they are often 

used to teach society the lessons of a 

shameful history. The instances of 

compassion, however, can also be 

valuable history lessons for they 

demonstrate tolerance. 

Another theme that can be 

extracted from Mehta’s narrative is 

the idea that a woman’s honour is 

worth more than her life. Mehta 

describes how she reacts to reports of 

the raiders coming after her family: 

“I woke up Shiva Dayal and told 

him,’ if the raiders come, before anything 

happens to them, slay the girls 

one after the other with that sword 

hanging from the wall.’ The girls did 

not seem to be horrified at the 

prospect of being slain. The thought 

of the raiders worried them more.” 

Mehta’s experience of choosing death 

for both herself and her daughters 

102 

over sexual violation by warring religious 

groups is not unique. Many 

women were killed by their families 

when they were faced with the threat 

of rape. Mehta’s experience reinforces 

the fact that women’s bodies 

became targets of violence used to 

defeat “enemies”. Rape can be used 

as a weapon of war because the rape 

of a woman signfies humiliation of 

her entire community. A woman’s 

sexual purity is seen as a source of 

honour for the community, and violation 

of that so called purity occurs 

at the individual and collective levels 

when a woman is raped. This is institutionalised 

violence and what is so 

disturbing about these events is that 

they were justified because a 

woman’s honour, a community’s 

honour, and sexual purity are all 

inextricably linked. The mass rapes 

that occurred during partition cannot 

be separated from the socio-cultural 

factors that enabled them to occur in 

the first place. Mehta’s story produced 

haunting images and reflections 

on what was a gross negligence 

of human life. 

Shakti Bhan Khanna recalls her 

experiences of being forced to flee 

Srinagar in 1989 in “Leaving Home.” 

The images and voices she depicts 

are disturbingly similar to Mehta’s 

narrative from 1947. Khanna begins 

her narrative with, “We left Kashmir 

in 1989. It was a Saturday. An ordinary 

day.” Khanna also speaks about 

pleading with neighbors to hide her 

from impending attacks on her and 

her family: “They were Muslims, and 

they were very kind. They gave us 

shelter but they advised me to leave 

Srinagar immediately.” Mehta faced 

the same situation in 1947 and this 

demonstrates that the lessons of partition 

were never fully realised. 

Intolerance and religious communalism 

never completely subsided and 

they have violently resurfaced, following 

the same alarming patterns. 

Khanna also demonstrates that 

women’s honour is still highly 

Mehta’s experiences are unique to her; being in a 

position of power and affluence before 1947 

allowed her to bring her family to safety in 

Srinagar. Conversely, there are certain aspects of 

Mehta’s story that hold true for women all over 

South Asia during her time 

revered and women are expected to 

guard it, even if that involves suffering. 

Another chapter within the book 

that produces a poignant account of 

women’s experiences in Kashmir is 

“Women’s Testimonies from 

Kashmir.” This chapter is an extract 

taken from the Women’s Initiative’s 

report in 1994, an investigation conducted 

by a four-member, all women 

team. This report raises questions 

about the future of raped women, 

widows, and half widows and where 

they fit into the azadi movement. The 

plights of these women have not 

gained the support and sympathy of 

the leaders. Rather, the leadership 

feels that these problems will be 

automatically solved when azadi 

comes. The lack of support structures 

and even understanding on the part 

of the leaders forebodes that the 

future of these women looks bleak 

and it is unreasonable to think that 




these issues will conveniently disappear 

when the nation is free. This 

ideology is reminiscent of nationalist 

rhetoric in the Quit India Movement. 

There was always the promise that 

women would be emancipated along 

with the nation and that promise was 

never fulfilled. Is the movement in 

Kashmir more egalitarian than separatist 

movements in the past? This is 

something that will be revealed once 

Kashmiris are given their long overdue 

right to self-determination. 

Dichotomies of war 

This piece also adds another 

dimension to the dialogue on women 

in Kashmir because it deconstructs 

the dichotomy of woman as the victim 

and man as the perpetrator. One 

reason why there is hostility towards 

women’s movements is because of 

the misconception that men are the 

enemy, pitted against women. In 

reality, women and men need to 

come together in order to fight 

repression because women are also 

perpetrators of violence. This piece 

does an excellent job of stressing this 

point by talking about the ideologies 

of a particular women’s group in 

Kashmir: “The Dukhtaran-E-Milat 

has lost ground today mainly 

because it attempted to impose the 

burqa on Kashmiri women. Their 

aggressive campaign to put college 

girls in burqas, completely covering 

the body and face, went to the extent 

of throwing coloured powder on 

girls who refused.” Violent conflict 

opens up space for negotiating traditional 

gender roles and identities. 

This means that where men are traditionally 

seen as violent and women 

as peacekeepers, wartime allows for 

a negotiation of such roles. For 

instance, there have been instances 

where women’s groups in Kashmir 

have been willing to pick up arms if 

they felt the need. It goes to show 

how violence permeates through all 

of society and it is not confined to the 

male sphere. There are instances 

where women as perpetrators of violence 

need to be analysed further and 

taken into account when there are 

discussions about the victimisation 

of women in Kashmir. Speaking Peace 

does a good job in bringing this issue 

to the fore. 

In, “A View from Kashmir,” 

Hameeda Bano discusses the intricacies 

of growing up as a woman 

amidst violent conflict. Bano states, 

“Fighting for my human rights as a 

woman took precedence over the 

political struggle, since it directly 

Fighting for my human 

rights as a woman 

took precedence over 

the political struggle, 

since it directly 

concerned my own life, 

which was 

considerably restricted 

by my parent’s 

decision to marry me 

off at an early age 

concerned my own life, which was 

considerably restricted by my parent’s 

decision to marry me off at an 

early age. This was a lonely agonising 

struggle that left me wounded, 

even though I succeeded, at long last, 

in changing the fixed attitudes and 

perceptions about women that many 

people close to me had, I established 

my right to choose.” What is fascinating 

about Bano’s revelation is that 

she fearlessly expresses the controversial 

struggle that so many women 

in the valley face. There are women’s 

groups in the valley, such as 

Dukhtaran-E-Milat, that feel that the 

struggle for the nation should take 

precedence over any other struggle. 

This is a dilemma for the Kashmiri 

women, and while it is very personal, 

its repercussions extend beyond the 

lives of individual people. It is unrealistic 

to expect the women’s movement 

in Kashmir to have constructed 

an all-encompassing plan of action 

but it is still important to ask questions 

and contemplate alternatives. 

Defining the Problem 

Anybody who wants to have a 

comprehensive understanding of 

Kashmir should read this book. 

Whereas most literature on Kashmir 

attempts to present solutions, Butalia 

begins by defining the problem by 

presenting a range of women’s experiences 

(through interviews, personal 

reflection pieces, extracts from official 

reports and newspaper articles). 

A comprehensive definition of the 

problem includes women’s voices-- 

not just women as victims, but 

women as full members of Kashmiri 

society, as agents of peace-building, 

as perpetrators of violence. While 

each and every chapter is valuable, 

the few discussed here really get to 

the crux of the issue while simultaneously 

sparking long overdue critical 

debates. 

A writer and researcher Cynthia 

Enloe comments, “As one learns to 

look through feminist eyes, one 

learns to ask whether anything that 

passes for inevitable, inherent, traditional, 

or biological has in fact been 

made. 1 ” It is imperative that we question 

patriarchal constructions of gender 

in order to reveal how their 

oppressive nature plays out. Ethnonationalist 

conflict zones are especially 

precarious, as the demand for 

women’s rights often gets silenced in 

the face of the nationalist movement. 

In every nationalist project in the 

world, women have been an integral 

component; however, no nationalist 

project in the world has treated men 

and women as equal members of the 

collective. When ethnic relations are 

combined with the day-to-day realities 

of conflict zones, women’s experiences 

can reveal much about a phenomenon 

that is not widely understood. 

Endnote 

1 Enloe, Cynthia. 1990. Bananas, Beaches and 

Bases: Making Feminist Sense out of 

International Politics. Berkley: University of 

California Press. 




To know is to be 

Right to Information Act deserves right selucidation to benefit public at large. A 

handbook for its use is a welcome addition, writes Suresh Nautiyal in his review 

The observation of Lawrence 

Petters that nobody has a more 

sacred obligation to obey the law 

than those who make the law is enormously 

complimentary to the 

Abraham Lincoln’s definition that a 

democracy is government of the people, 

for the people and by the people. To 

ensure that such dictums work free 

flow of information to the citizens is 

necessary. This paves the way for 

proper functioning of institutions 

and to keep public discourse and 

democratic framework on a right 

track. The Article-19 (1) (a) of the 

Indian Constitution provides for the 

freedom of expression because the 

government functions must be transparent 

and that State should be prevented 

from deceiving people. The 

Right to Information Act, 2005 – an 

unprecedented and special legislation 

– by imposing the obligations on 

every public authority to provide 

information to the person seeking it 

is actually graduation of what 

Lincoln or Petters observed in the 

first place and above all what Article- 

19 of the Constitution commits. 

The RTI, 2005 embodies statutory 

provisions for the implementation of 

the informative aspects of democratic 

form of governance. In other 

words, the right to freedom of speech 

and expression that the citizens have 

under the Article-19 of the 

Constitution, gives automatic right to 

information to the citizens. It also 

empowers citizens to know how the 

government and its organs are functioning 

– thus enabling them to seek 

any information from the government, 

inspect any government documents 

and works, records; take 

notes, extracts or certified copies of 

the documents or records; take certified 

samples of material; and obtain 

information in form of printouts, 

diskettes, floppies, tapes, video films, 

cassettes or in any other electronic 

mode or through printouts. Some 

laws on right to information even 

empower citizens to officially inspect 

any government work or to take 

sample of material used in any work. 

Of course, there are certain restrictions 

like the State under clause (2) of 

Article-19 is entitled to impose reasonable 

restrictions inter alia in the 

interest of the State. And the very 

enactment of the RTI is to provide for 

setting out the practical regime of 

right to information for citizens to 

secure access to information under 

the control of public authorities, in 

order to promote transparency and 

accountability in the working of 

Book : Handbook on the 

Right to Information 

Author: PK Das 

Publisher: Universal Law 

Publishing Company, 

Delhi 

New Delhi 

Price: Rs 395 (paperback) 

Page: 618 

every public authority, the constitution 

of a central information commission 

and state information commissions. 

Universal Publishing Company’s 

Handbook on the Right to Information 

Act, second edition-2008, has it all. 

PK Das – a reputed author of legal 

books, who has written books on 

subjects ranging from murder trials 

to domestic violence and food security 

– has compiled and penned this 

book, quite authoritatively. 

Handbook on the Right to 

Information Act is divided into thirteen 

parts such as introduction; the 

RTI Act, 2005; other related laws; 

allied acts and rules; international 

conventions and declaration; reports 

and guidelines; Supreme Court on 

RTI; high courts on RTI; central information 

commission decisions; state 

laws on the right to information; fee 

structure of states; important notifications 

and allied information and 

specimen forms. 

The book also contains the right 

to information act, 2005; the RTI (regulation 

of fee and cost) rules, 2005; 

the central information commission 

(appeal procedure) rules, 2005; the 

Lok Sabha secretariat RTI (regulation 

of fee and cost) rules, 2005; the Rajya 

Sabha secretariat RTI (regulation of 

fee and cost) rules, 2005; the central 

information commission (management) 

regulations, 2007; the official 

secrets act, 1923; the public records 

act, 1993, the public records rules, 

1997; the freedom of information act, 

2002; relevant provisions of allied 

acts and rules; relevant provisions of 

reports and guidelines; Supreme 

Court judgments on RTI; high court 

judgments on RTI; central information 

commission decisions, state laws 

on RTI; fee structure of states; and, 

important notifications and allied 

information. 

The handbook would be able to 

create awareness about the right to 

information and can be useful as a 

friendly guide for the Bench, Bar, 

NGOs, students, journalists, 

activists, and anybody interested in 

the subject. The Universal Law 

Publishing Company too deserve 

credit for bringing out such a work. 

 

104 COMBAT LAW JULY-AUGUST 2008

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