ARTICLE
Human Rights in the Indian Kashmir
as an Element of the India–Pakistan Conflict in 1989–2015
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Publication date: 2015-12-31
Stosunki Międzynarodowe – International Relations 2015;51(4):219-236
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ABSTRACT
Kashmir remains one of the focal points in relations between India and Pakistan.
The problem of human rights violations in Indian-administered Kashmir gained
importance when widespread anti-Indian insurgency began in the Kashmir Valley in
1989. Since then it has been one of the focal points of the protracted Kashmir conflict
between India and Pakistan. The Kashmiri insurgents received military support
from the militants infiltrating the ‘line of control’ from the Pakistan-administered
Kashmir, with the approval of the ISI, Pakistan’s intelligence, and its army. Pakistan
has always denied these allegations. Nevertheless, the insurgence exacerbated the
situation along the ‘line of control’ and directly affected India’s decision to tighten
the rules in Jammu and Kashmir (J&K). Such policy still determines the everyday
life of the people in J&K. There are several acts that pave the way for impunity
of armed forces, among them Jammu and Kashmir Pubic Safety Act (PSA) and
Armed Forces Special Powers Act (AFSPA). Taking into consideration the fact, that
according to the PSA maintenance of public order means ‘promoting, propagating,
or attempting to create, feelings of enmity or hatred or disharmony’ it is easy to
conclude that anyone who is inconvenient for the government or for the armed
forces, may be incarcerated without real charge or trial. This problem has been
a subject of thorough research by both local and international non-governmental
organizations. As a result many reports have been published, for example Everyone
Lives in Fear: Patterns of Impunity in Jammu and Kashmir by Human Rights Watch,
and others. The above mentioned legislative acts and the restrictions imposed by
security forces in Kashmir remain important point of reference in anti-India rhetoric
of political and military establishment of Pakistan and serve as a useful tool for
building a negative image of India as a country where massive violations of human
rights are being perpetrated against Muslims in J&K. At the same time the problem
of human rights in Azad Kashmir or Gilgit Baltistan is being purposely neglected by
Pakistani authorities. This fact does not, however, take the responsibility from Indian
government to address the human rights problems in Indian Administered Kashmir.