Professional Documents
Culture Documents
The Martyrdom of Burhan Wani and The Recent Indian Violence in Indian-Held Kashmir
The Martyrdom of Burhan Wani and The Recent Indian Violence in Indian-Held Kashmir
in Indian-held Kashmir
by Fahad Nabeel, Hassan Riaz and Zeeshan Muneer
Research Brief
C
S
C
R
www.cscr.pk
Introduction
The Kashmir dispute, lingering on for more than 60 years now, has led to two major wars
between India and Pakistan. The dispute was supposed to be settled as per the UNSC
resolutions. Pakistan still maintains that resolution of the dispute lies in the implementation
of the UNSC resolutions. On the contrary, India has refused to abide by the international
obligations of holding a free and fair plebiscite in the Jammu and Kashmir. Instead, India still
maintains more than 700,000 security men in the Indian-held Jammu and Kashmir (IHJK). The
Indian forces have been involved in grave human rights violations and war crimes against the
population of the Kashmir valley. Continuous torture, killings of innocent civilians, draconian
laws in the form of AFSPA and PSA, etc have created discontent among Kashmiris forcing them
to join groups fighting against the Indian rule in the valley.
Burhan Muzaffar Wani was also one of the several Kashmiri youngsters who joined the HuM,
one of the several Kashmiri groups fighting Indian rule in the IHK. Mistreatment of Burhan and
his brother in 2010 by the Indian forces compelled him to become a part of the armed rebellion.
He was an iconic freedom fighter of the renewed arms struggle against Indian forces. Burhan
utilized the social media platform to inspire Kashmiri youth to join him. On 8th July 2016,
Burhan, along with his two associates, was martyred by the Indian forces in south Kashmir.
Burhans martyrdom coincides with Indian Supreme Courts ruling that the Indian Army and
the paramilitary forces cannot use excessive and retaliatory force during counter-insurgency
operations in disturbed areas [like Indian-held Jammu and Kashmir].
Following Burhans martyrdom, wide-scale protests took place all around the valley. In order to
contain the protests, Indian forces resorted to firing on innocent civilians killing more than 60
persons and wounding over 5,500. Analysts believe that Burhans martyrdom will inspire more
people to join the armed rebellion and will spur the renewed Kashmir freedom movement.
C
S
C
R
www.cscr.pk
and revealed his identity. He started appealing young Kashmiris to join the armed struggle. His
viral pictures and videos made him a household name in the IHK. He was made a member of
HuM in 2011 due to his popularity on social media. Burhan's elder brother, Khalid was killed
by the Indian army on April 13, 2015. The army claimed that Khalid was a freedom fighter
sympathizer. However, the Jammu and Kashmir police said that it could not confirm whether
Khalid had joined the armed rebellion.
The death of his elder brother did not deter Burhan from pursuing the cause of freedom by
fighting the Indian forces. Burhan was made the commander of HuM. The government of India
announced Rs 1 million bounty for information leading to Burhans arrest. This coupled with
social media campaigns and popularity enabled Burhan to include at-least 30 local educated
Kashmiris in his group. Burhan, in his videos, clearly stated that he is not against Hindus living
in Kashmir and ensured them that they will not be attacked. He was only against the Indian
Army which is responsible for uncountable atrocities in the IHK.
Recently, Burhan released a video in which he warned to attack separate colonies for Sainiks
and Kashmiri Pandits if they are set up in the valley. In addition, he recently reached out to
Hindu pilgrims assuring them a peaceful Amarnath Yatra, which started from July 2, in the
following words:"A BSF officer had recently said that militants have planned to attack the Amarnath yatra. His
statement is absolutely untrue and false. Let me assure you (pilgrims) that we have no plans
to attack Amarnath yatra. They (Hindu pilgrims) are coming here to fulfill their religious duties
and we have nothing to do with it,"
C
S
C
R
www.cscr.pk
C
S
C
R
www.cscr.pk
concern over the casualties due to clashes in the IHK. Chinese Foreign ministry spokesman Lu
Kang called for proper settlement of the Kashmir issue through peaceful means.
Following Nawazs party victory in Azad Jammu and Kashmir elections, the Pakistani PM said
that that we are waiting for the day when the IHK becomes Pakistan. The next day, Sushma
Swaraj, Indian External Minister, replied back that the dream of making the IHK a part of
Pakistan would never come true.
On 23rd July, Indian home minister Rajnath Singh visited the IHK for a two-day visit. He urged
the youth not to engage in stone-pelting and also asked the security forces to refrain from
using the pellet guns against the protesters as far as possible. Rajnath also asked Pakistan to
refrain from encouraging Kashmiri youth to take up arms.
The United States has expressed concerns over the recent unrest in the IHK and called on
all sides to make efforts to find a peaceful solution to the issue. The US State Department
spokesperson John Kirby said that the US was in close contact with the Indian government
over the issue.
The European Union (EU) expressed grief over the killings of civilians in IHK on 28th July.
Michael Mann, the EU spokesperson, urged for calm and maintenance of law and order in the
IHK. Mann said that Pakistan and India should involve the Kashmiris in the dialogue process.
The spokesperson also added that the EU continues to monitor the situation in the IHK and is
in constant touch with the Pakistani and Indian authorities.
Mass killings
Enforced disappearances
Torture
Rape
Sexual abuse
Political repression
Suppression of free speech
Kashmir is one of the most heavily militarized places in the world. The Indian Army has been
given immunity to commit human rights violations in Kashmir in the form of Armed Forces
Special Powers Act (AFSPA) and Public Safety Act (PSA).
The AFSPA permits the armed forces to arrest and enter any property without a warrant. They
are authorized to fire upon or otherwise use force and even causing the death of any person if
the security person believes it necessary for the maintenance of public order.
Whereas through PSA, a person can be detained for the period of two years without any
trial vis-a-vis the detaining authority does not disclose the facts of detention. These special
powers make the people of IHK live in a state of constant fear of arbitrary arrests, enforced
disappearance, sexual harassment, torture and custodial death.
According to Kashmir Media Service, since 1989, 94,391 Kashmiris have lost their lives, 7,058
custodial killings took place, 135,052 civilians were arrested, and 106,071 houses or buildings
have been destroyed. In addition, the Indian forces have widowed 22,816 women, orphaned
107,569 children and gang-raped or molested 10,193 women.
Both Human Rights Watch (HRW) and Amnesty International (AI) have pointed out grave
5
C
S
C
R
www.cscr.pk
human rights violations in Indian-held Kashmir. The AI has indicated that The Muslim majority
population in the Kashmir Valley suffers from the repressive tactics of the security forces. Under
the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir)
Special Powers Act and Public Safety Act, security forces have extraordinary powers to shoot
suspected persons.
The AI highlighted extra-judicial killings of
HUMAN RIGHTS VIOLATIONS
the innocent people by Indian security forces
in its July 2, 2015 report. The report points
Jan. 1989 to June 30, 2016
out Tens of thousands of security forces are Total Killings*
94,391
deployed in Indian-administered Kashmir Custodial Killings
7,058
the Armed Forces Special Powers Act allows Civilians Arrested
135,052
troops to shoot to kill suspected militants or Structures Arsoned/
106,071
arrest them without a warrant not a single Destroeyd
member of the armed forces has been tried Women Widowed
22,816
107,569
in a civilian court for violating human rights Childern Orphaned
in Kashmir this lack of accountability has in Women Gang-raped/
10,193
turn facilitated other serious abuses India Molested
has martyred 100,000 people. More than
8,000 disappeared (while) in the custody of army and state police. Minar Pimple, a senior
director of global operations at Amnesty, said that till now, not a single member of Indian
security forces have been tried for human rights violations in a civilian court.
In a 2015 report by the International Peoples Tribunal on Human Rights and Justice in Kashmir,
and the Association of Parents of Disappeared Persons (APDP), 972 Indian security men were
blamed for a range of human rights abuses carried out between 1990 and 2014. The 972
individuals include:
In September 2015, the Indian Army Northern Command confirmed the life sentences awarded
to six Army personnel for the 2010 killing of three youths in a fake counter. It was for the first
time, that Indian Army personnel were awarded life terms on such a charge.
In August 2011, the Jammu and Kashmir State Human Rights Commission found 2,730 bodies
dumped into unmasked graves in Kashmir. The whereabouts of thousands of other missing
Kashmiris is unknown. According to a report, 17,000 people, mostly women, have committed
suicide during the last 20 years in the valley.
C
S
C
R
www.cscr.pk
Conclusion
The immediate task for the Indian security forces is to control the ongoing unrest in the
Kashmir Valley, but containing the armed rebellion will be a difficult task for the Indian security
forces. The death of Burhan Wani will spur the armed rebellion against Indian forces in coming
months as many youths may join the freedom struggle. The recent uprising in the IHK has
resulted in the call for a political solution to Kashmir issue by numerous Indian politicians and
analysts. The international community has also reiterated the call for solving the Kashmir issue
through peaceful means. It is important for India to give a chance to the Kashmiri people to
decide about their future. The numerous UNSC resolutions have called for holding a free and
impartial plebiscite so that people of J&K can decide about their future.
C
S
C
R
www.cscr.pk
Reference
Pandey, Alok and Deepshikha Ghosh. Army Can't Use 'Excessive Force' In Disturbed
Areas, Says Supreme Court. NDTV, July 09, 2016. http://www.ndtv.com/india-news/
army-cant-use-excessive-force-in-manipur-says-supreme-court-1429286
"Why the Death of Militant Burhan Wani Has Kashmiris Up in Arms." BBC News.
Accessed July 13, 2016. http://www.bbc.com/news/world-asia-india-36762043
Lone, Shahid. KASHMIR IS BLEEDING AGAIN.| Modern Diplomacy, JULY 13, 2016.
http://moderndiplomacy.eu/index.php?option=com_k2&view=item&id=1578:kashmir-isbleeding-again&Itemid=867
Islah, Mufti. Hizbul Commander Burhan Wani Killed in Encounter in Kashmir. News18,
July 8, 2016. http://www.news18.com/news/india/hizbul-commander-burhan-wanikilled-in-encounter-in-kashmir-1267434.html
"The Unpredictable Consequences of Burhan Wani's Death .com India News."
Rediff. Accessed July 13, 2016. http://www.rediff.com/news/column/the-unpredictableconsequences-of-burhan-wanis-death/20160711.htm
Krishnamachari, S. V. Kashmir tense after Hizbul Mujahideen militant Burhan Wani's
killing. International Business Times, July 9, 2016. http://www.ibtimes.co.in/kashmiredge-after-hizbul-mujahideen-militant-burhan-wanis-killing-686048
"Burhan Wanis Killing And Its Aftermath." Swarajya. Accessed July 13, 2016.
http://swarajyamag.com/politics/burhan-wanis-killing-and-its-aftermath.
Rafiq, Zahid. Violence breaks out in Tral after youth killed in gun battle with Army.
The Hindu, April 15, 2015. http://www.thehindu.com/news/national/other-states/
violence-breaks-out-in-tral-after-youth-killed-in-gun-battle-with-army/article7102391.ece
"12 Dead, Scores Injured As Kashmir Boils over Killing of Militant Burhan." Http://www.
deccanchronicle.com/. Accessed July 13, 2016. http://www.deccanchronicle.com/nation/
current-affairs/090716/kashmir-valley-locked-down-as-tension-rises-over-killing-ofburhan-wani.html
Islah, Mufti. Hizbul Commander Burhan Wani Killed in Encounter in Kashmir. News18,
July 8, 2016. http://www.news18.com/news/india/hizbul-commander-burhan-wanikilled-in-encounter-in-kashmir-1267434.html
"Hizbul Mujahideen's Burhan Wani: Kashmir is on the Edge After the Death of
22-year-old Militant Who Used Facebook As a Weapon Quartz." Quartz. Accessed July
13, 2016. http://qz.com/727911/kashmir-is-on-the-edge-after-the-death-of-22-year-oldmilitant-who-used-facebook-as-a-weapon/
"A Day After Death, Hizbul Militant Burhan Wani Talk of Twitter | India-news
| Hindustan Times." Http://www.hindustantimes.com/. Accessed July 13, 2016. http://
www.hindustantimes.com/india-news/a-day-after-death-hizbul-militant-burhan-wanitalk-of-twitter/story-cJbSt482sYznMzqiexEIMK.html
Hizbul Mujahideen terrorist Burhan Wani killed in J&K encounter. The Times of India,
July 8, 2016. http://timesofindia.indiatimes.com/india/Hizbul-Mujahideen-terroristBurhan-Wani-killed-in-JK-encounter/articleshow/53121685.cms
"Kashmir on Boil After Face of New Militancy, Burhan Wani, is Shot Dead."
The Indian Express. Accessed July 13, 2016. http://indianexpress.com/article/india/
india-news-india/jk-valley-on-boil-after-face-of-new-militancy-burhan-wani-is-shot-deadhizbul-mujahideen-2902395/.
Rafiq, Zahid. A journey into the heart of Kashmir's crisis. Al Jazeera, July 15,
2016. http://www.aljazeera.com/indepth/features/2016/07/journey-heart-kashmircrisis-160715115636351.html#
'Clueless' Mufti's ignorance over Burhan Wani led to Kashmir unrest: Congress.
Business Standard, July 30, 2016. http://www.business-standard.com/article/
current-affairs/clueless-mufti-s-ignorance-over-burhan-wani-led-to-kashmir-unrest8
C
S
C
R
www.cscr.pk
congress-116073000125_1.html
Several injured as Indian atrocities in held Kashmir enter 23rd day. Dunya News, July
30, 2016. http://dunyanews.tv/en/Pakistan/347073-Several-injured-as-Indian-atrocitiesin-held-Kashm
Saha, Abhishek. Mumbais leading eye doctor treats pellet gun victims in Kashmir.
Hindustan Times. http://www.hindustantimes.com/india-news/mumbai-s-padma-shriwinning-eye-doctor-treats-pellet-gun-victims-in-kashmir/story-LehL0qlxlrUjyctZPijBQN.
html
Nawaz Sharif expresses shock over killing of Burhan Wani. The Indian Express, July 11,
2016. http://indianexpress.com/article/india/india-news-india/nawaz-sharif-expressesshock-over-killing-of-burhan-wani-2907159/
Pakistans view on Burhan Wani reflects its association with terrorism: Govt. The
Indian Express, July 12, 2016. http://indianexpress.com/article/india/india-news-india/
pakistan-burhan-wani-kashmir-violence-terrorism-govt-india/
United Nations chief Ban Ki-moon concerned over Kashmir situation. Hindustan Times,
July 11, 2016. http://www.hindustantimes.com/india-news/united-nations-chief-ban-kimoon-concerned-over-kashmir-situation/story-5JMtntZWk4Ff5gWfy1x2GP.html
UN chief calls for maximum restraint to curb Kashmir strife. The Tribune, July 12,
2016. http://www.tribuneindia.com/news/jammu-kashmir/un-chief-calls-for-maximumrestraint-to-curb-kashmir-strife/264839.html
Masoodi, Nazir. PDP Leader Demands Probe Into Burhan Wani's Killing, Says Rules
Violated. NDTV, July 14, 2016. http://www.ndtv.com/india-news/pdp-leader-demandsprobe-into-burhan-wanis-killing-says-rules-violated-1431605
Nirmal rebuffs Baig, says no to inquiry into Burhans killing. The Tribune, July 16, 2016.
http://www.tribuneindia.com/news/jammu-kashmir/community/nirmal-rebuffs-baigsays-no-to-inquiry-into-burhan-s-killing/266551.html
UN chief offers mediation between India, Pakistan. Greater Kashmir, July 14, 2016.
http://www.greaterkashmir.com/news/kashmir/un-chief-offers-mediation-betweenindia-pakistan/222931.html
Sharif calls Burhan a martyr, sparks another India-Pak war of words. The Indian
Express, July 16, 2016. http://indianexpress.com/article/india/india-news-india/sharifcalls-burhan-a-martyr-sparks-another-india-pak-war-of-words-2916744/
Pakistan raises Kashmir issue with UN officials. The Indian Express, July 21, 2016.
http://indianexpress.com/article/india/india-news-india/pakistan-raises-kashmir-issuewith-un-officials-2925247/
Abuses in Kashmir: OIC slams India. Arab News, July 15, 2016. http://www.arabnews.
com/node/953956/world
China 'concerned' over deadly Kashmir clashes. Business Standard, July 18, 2016.
http://www.business-standard.com/article/pti-stories/china-concerned-over-deadlykashmir-clashes-116071801316_1.html
Waiting for the day Kashmir becomes Pakistan: Nawaz. Dawn, July 22, 2016. http://
www.dawn.com/news/1272477/waiting-for-the-day-kashmir-becomes-pakistannawaz?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+dawnnews+(Dawn+News)
Stop dreaming about Kashmir joining Pakistan, Sushma tells Nawaz. The Express
Tribune, July 22, 2016. http://tribune.com.pk/story/1147849/dream-kashmir-becomingpakistans-part-wont-come-true-sushma-tells-nawaz/
Balasubramanian , Shyam. Avoid using pellet guns, Rajnath Singh tells security forces
on Kashmir visit. The Times of India, July 24, 2016. http://timesofindia.indiatimes.
com/india/Dont-use-pellet-guns-Rajnath-Singh-tells-security-forces-on-Kashmir-visit/
articleshow/53365721.cms
US expresses concern over Kashmir unrest, says in touch with Indian govt. Hindustan
Times, July 30, 2016. http://www.hindustantimes.com/india-news/us-expresses-concernover-kashmir-unrest-says-in-touch-with-indian-govt/story-tr5tCQMc3FpXf5CVtfZF6H.html
9
C
S
C
R
www.cscr.pk
Kashmir unrest: EU calls for calm, urges India and Pak to involve Kashmiris in the
dialogue. DNA, July 29, 2016. http://www.dnaindia.com/india/report-kashmir-unresteu-calls-for-calm-urges-india-and-pak-to-involve-kashmiris-in-the-dialogue-2239091
Rather, Muhammad Arif, and Sushma Devi. "CONCEPTUAL UNDERSTANDING OF HUMAN
SECURITY AND ITS CHALLENGES: A CASE STUDY OF KASHMIR VALLEY." International
Multidisciplinary Research Journal, January 2015. Accessed July 31, 2016. http://aygrt.
isrj.org/UploadedData/4955.pdf
Shaukat, Sajjad.Amritsar Treaty: Endless agony of Kashmiris. Pakistan Observer,
March 17, 2016. http://pakobserver.net/2016/03/17/amritsar-treaty-endless-agony-ofkashmiris/
Zulfiqar, Taimur. Kashmir on fire. The Manila Times, July 18, 2016. http://www.
manilatimes.net/kashmir-on-fire/274587/
Burke, Jason. Indian forces in Kashmir accused of human rights abuses cover-up. The
Guardian, September 12, 2015. https://www.theguardian.com/world/2015/sep/12/
indian-forces-kashmir-accused-human-rights-abuses-coverup
Ehsan, Mir and Pranav Kulkarni. Machil fake encounter case: Army confirms life
sentences for its six army personnel. The Indian Express, September 8, 2015. http://
indianexpress.com/article/india/india-others/machil-fake-encounter-case-life-sentencesof-six-army-personnel-confirmed/
India: Investigate Unmarked Graves in Jammu and Kashmir. Human Rights Watch,
AUGUST 24, 2011. https://www.hrw.org/news/2011/08/24/india-investigate-unmarkedgraves-jammu-and-kashmir
Banday, Khalil A. Kashmir: Paradise or a Barricaded Valley. The Milli Gazette, June 28,
2016. http://www.milligazette.com/news/14460-kashmir-paradise-or-a-barricaded-valley
Ahmad, Wajahat. Kashmir And The United Nations. CounterCurrents.org, August 27,
2008.http://www.countercurrents.org/ahmad270808.htm
Kashmir - The History. Pakistan Mission to the United Nations. http://www.pakun.org/
kashmir/history.php
RAMACHANDRAN, SUDHA Kashmir needs big political steps to stop mounting
violence. Asia Times, JULY 11, 2016. http://atimes.com/2016/07/kashmir-needs-bigpolitical-steps/
http://atimes.com/2016/07/kashmir-needs-big-political-steps/
Burhan Killing: Kashmir Valley locked down, 4 Injured In Clashes. Nagpur Today, July 9,
2016. http://www.nagpurtoday.in/burhan-killing-kashmir-valley-locked-down-4-injuredin-clashes/07091249
Iqbal, Sheikh Zafar and Divyanshu Dutta Roy Burhan Wani More Dangerous In Death
Than In Life, Says Omar Abdullah. NDTV, July 09, 2016. http://www.ndtv.com/indianews/burhan-wani-more-dangerous-in-death-than-in-life-says-omar-abdullah-1429592
UJC pays tribute to Burhan, his associates. Greater Kashmir, July 10 2016. http://www.
greaterkashmir.com/news/front-page/ujc-pays-tribute-to-burhan-his-associates/222552.
html
Shah, Fahad. Burhan Wanis killing could fuel a new-age militancy in Kashmir. DailyO,
July 10 2016. http://www.dailyo.in/politics/burhan-wani-kashmir-hizbul-mujahideenomar-abdullah-millitancy-social-media-tral-srinagar/story/1/11659.html
10
C
S
C
R
www.cscr.pk
Hassan Riaz
Copyright 2016 Center for Strategic and Contemporary Research. All Rights Reserved
11