HUMAN

Vol. 9No. 5

J&K

www.humanrightsjournal.com

RIGHTS
Perspective
Sept-Oct, 2011

Bimonthly Review of Jammu and Kashmir Affairs with Human Rights Perspective

L'affaire Kunan Poshpura

ustice Syed Bashir-ud-Din, chairman J&K State Human Rights Commission, and Javed Kowsa, member of the Commission, in their joint report have directed the government to make a final enquiry into the Kunan Poshpura incident. They have also recommended that legal action should be taken against the Director Persecution who had advised the government to close the case after paying Rs. Two lakhs as compensation to each alleged raped woman. According to records, during the intervening night of 23rd and 24th February 1991 armed forces personnel committed mass rape on 31 women. Kashmir Valley was shut down for several days in protest against this barbaric incident. Later, in a house to house survey Shabnam Qayum, Editor Qaumi Waqar, asserted that the number of rape victims was 51. His report was published in the form of a book entitled Kashmir Outraged and was widely circuited (including to the American Congress). The State Human Rights Commission and the State government depended on the recommendation of the two members of the Press Council of India, BG Verghese and Vikram Rao, to whom the inquiry was entrusted. They had, in their report, exonerated the suspected personnel of the armed forces. I rushed to Kunan Poshpura to verify the facts and at a press conference in Delhi exposed the findings of the report of representatives of the Press Council. Since the members of the Press Council and Editor of the Illustrated Weekly, the eminent writer Khushwant Singh, were my friends, it added to my embarrassment.

My press release was published by the Illustrated Weekly of India as an article. I stand by facts as I witnessed them. It may be recalled that the Press Council had entrusted this enquiry to the Verghese Committee mainly on the role of media in or about Kashmir, on receiving a request from the army headquarters. There was nothing in the report to justify the campaign of militant nationalists to

SHRC directive to the government to make a final inquiry into the Kunan Poshpura incident after nineteen years should serve as a reminder to us that justice delayed is justice denied. And that expressions like national interest, Human Rights, and democratic values should converge in practical policy.
condemn the Human Rights bodies in the country. Also, the Press Council panel made no claim that the security forces had committed no excesses. While there is room for differences between the panel and others-media persons and Human Rights activists-over judgments on specific incidents, there was no difference on the fact that excesses were committed. The report of the panel devoted maximum

attention and space to the infamous case of alleged rapes of Kunan Poshpura. It completely exonerated the army of all the charges made against its jawans in this case. The verdict on one case, inter alia, does not imply that all the complaints against the army and other security forces are fake. Verghese Committee referred to complaints against the other security forces only in passing as they were beyond its purview. One, in fact, wished that the government invited this very committee or any other nominated by the Press Council to study the role of other para-military forces, because they come in day-to-day contact with the civil population, while the army is mainly deployed to guard the frontiers. Second, these forces are not as rigorously trained as the army is. The media had picked up the news about Kunan Poshpura incidents from the FIR lodged with the police by the District Magistrate in which he reportedly stated that he 'felt ashamed to put in black and white the kind of atrocities and their magnitude brought to my notice on the spot.' 'The armed forces behaved like violent beasts,' he added. The government spokesman immediately described the allegation as planted (by a government officer?). After the visit of the Divisional Commissioner to the spot, the official spokesman reiterated that the allegation was found baseless. But the Divisional Commissioner denied having conducted any enquiry and told the press that it was a serious matter which required "a high(Contd. on page 2)

For Urgent Attention of Our Readers

From now on, we will be publishing limited hard copies of the J&K Human Rights Perspective. Kindly let us know whether you will like to receive it on email, which is quicker and surer way of getting it, or continue receiving it by post. If the former, please send your email address to: balraj_puri1@rediffmail.com or institute.jk.affairs@gmail.com

ONE

September-October, 2011

L'affaire Kunan Poshpura...

(Contd. from page 1)

level enquiry". Without specifically referring to the incident, the then Union Home Minister admitted during those days that "some shameful incidents" took place involving excesses by the security forces. A former Chief Justice of the State High Court, after conducting a non-official enquiry, confirmed the allegations. Can anybody deny that the above facts made out a prima facie case for demanding a fair enquiry? This is what media commentators and some political and Human Rights activists demanded. If they had not done so, they would not have been worth their salt. A Brigadier of the army did conduct an enquiry into allegations against his men. But under the Indian Army Act, his report could not be made public. The state government entrusted the enquiry to an Assistant Superintendent of Police, who never completed the enquiry. Verghese Committee, in its report, pointed out a number of discrepancies in the statements of the alleged victims of the incident, statements of the government officers, including the district magistrate and the chief medical officer. It came to a firm conclusion that the 'Kunan rape story stands totally unproven and completely untrue.' If the conclusion was correct, the conduct of the government in avoiding a credible enquiry which could have vindicated the honour of the army becomes all the more indefensible. Who served the national interest better: those who demanded an enquiry of those who described the demand as anti-national and thus allowed the country to be defamed all over the world? Enquiries by an army officer or a police officer in such cases lack credibility. But why even their reports have not been made public so far? Perhaps, the members of the committee would concede that their report, too, is no substitute for a proper and formal enquiry. The next incident that the committee examined happened at Pazipora, where 25 persons were allegedly killed and a number of women raped by the army. In this case, too, the police registered a case. The doctor in the Kupwara District Hospital corroborated that the five women brought to her from Pazipora "were all definitely victims of rape."

The committee did not visit Pazipora for want of time and did not examine the victims, their relatives or those who had made allegations. But it has pointed out discrepancies in the following versions of the incident on the basis of the information it collected from official sources. One, by Justice Farooqi; two, as reported in India Week, by N.V Subramanian and Brij Raj Singh (who certify six cases of rape); and three, by Sukhmani Singh, whose report was published by the Weekly; and four, by the Asia Watch (the US-based Human Rights group). The committee reported that a court of enquiry was instituted by the local army authorities which found that the reports of excesses to be false. Does an enquiry by the local army authorities against its own jawans, the level of which is not known and the report of which was not released to the press, carry any conviction? As the Verghese Committee has not conducted even a semblance of an enquiry, its verdict, too, carries no better conviction than the four versions it has rejected. It challenges the veracity of the charge of killings on the ground that post-mortem was not conducted on 13 bodies. Whose lapse was it? Even if only 12 persons had been killed, were they innocent or militants? One silly argument used by the committee to belittle the allegations of rape is that 'one of the unwed girls who was allegedly raped reportedly got married some months later to nobody's shame.' Is it shameful to marry a raped girl? In view of the seriousness of the allegations, supported by four prestigious non-official enquiries, absence of any public enquiry by the government or the Verghese Committee can only be regretted. Referring to another incident of the army firing at Zakura on August 1, 1990, which according to press reports took a toll of 22 lives, the committee admitted that it had no direct knowledge and was unable to comment on it. But it quotes the army version without getting it checked from any non-official source. The facts, confirmed by official sources, are as follows. A big procession was passing through the Zakura crossing near Hazratbal. It moved at right angle to the left. Five army vehicles came from the right hand side of the crossing. The policemen on duty at the crossing asked the army

vehicles to stop (as per the FIR report) till the procession passed. But they went ahead. Three of the vehicles were given the passage by the processionists. But the fourth was stuck and delayed in a scuffle. The army version is that 'it was stoned, anti-India slogans were shouted and efforts made to snatch weapons from the Jawans. Thereupon the troops fired in self-defence. Three vehicles were ahead of the procession. The Jawans in them started firing to rescue those who they feared were trapped in the rear. The firing from both sides, therefore, took a heavy toll of human life.' Whatever be the official version of the incident, it was never alleged that the processionists were armed. Why should unarmed processionists try to provoke the armed Jawans by stoning them or snatching a rifle from one of them? It appears that the army men were provoked by anti-India slogans. As such slogans have often been cited as a provocation for firing by the security forces, the issue must be settled at the highest level, that is, political, whether non-violent and nonterrorists ex-pressions of anti-India feelings deserve nothing short of death by a firing squad. In any case, wasn't the Zakura incident a fit case for a public and impartial enquiry? The Committee quoted a few cases in which the guilt of the army men was established and they were punished. These cases include unauthorized and arbitrary detention of BBC correspondent Yusuf Jameel, rape of a Canadian woman in Srinagar, another of a woman in Awantipur and killing of six persons near Pakherpura. In addition, the report quoted early incidents involving para-military forces in which action was taken and which include the Anantnag bridal rape case (May 1990) and the burning down of shops and houses in Handwara (October 1990). In other cases, the Committee simply quoted the army version without conducting its own enquiry or giving its comments. Be that as it may be, the SHRC directive to the government to make a final inquiry into the Kunan Poshpura incident after nineteen years should serve as a reminder to us that justice delayed is justice denied. And that ex-pressions like national interest, Human Rights, and democratic values should converge in practical policy. BALRAJ PURI
J&K HUMAN RIGHTS Perspective

TWO

September-October, 2011

REPEAL OF AFSPA AND DAA

An open letter from Amnesty International to Members of the Jammu and Kashmir Legislative Assembly
s the session of the Jammu and Kashmir legislative assembly opens in Srinagar, Amnesty International is writing to all members of the legislative assembly (MLAs) to raise human rights concerns in the house and ensure that such issues are not ignored during the session. Although there appears to be a consistent decrease in the overall numbers of members of armed groups operating in Jammu and Kashmir (J&K), human right violations continue to remain a significant and widespread concern in the state. Amnesty International calls on all MLAs to raise human rights issues during the assembly session and call upon the state government to take immediate action required to remedy the situation. In particular, Amnesty International asks you to raise the specific issues below. While not an exhaustive list of human rights concerns in the state, discussion on these would indicate the commitment to human rights of the state legislative assembly and be an important step towards improving the human rights of all residents of Jammu and Kashmir. INVESTIGATION INTO UNMARKED GRAVES Over 2700 unmarked graves have been identified by an 11-member police investigation team of the State Human Rights Commission (SHRC) in four districts of north Kashmir. Despite claims of the local police that the graves contained dead bodies of "unidentified militants", the report points out that 574 bodies have been identified as disappeared locals. The police report concludes that there is "every probability" that the remaining over 2100 unidentified graves "may contain the dead bodies of [persons subject to] enforced disappearances." On 16 September 2011, the SHRC directed that the bodies should be identified using all available means and techniques including DNA profiling and dental examination and other forensic pathology techniques. However recommendations of the SHRC have often been ignored by the state government in the past. It is therefore imperative that MLAs call upon the

government to ensure that sufficient resources are provided on an urgent basis for such identification by an independent body. The state government must also ensure that all past and current allegations of enforced disappearances are promptly, thoroughly, independently and impartially investigated and that, where there is sufficient evidence, anyone suspected of responsibility for such crimes is prosecuted in proceedings which meet international fair trial standards. REPEAL OF THE PUBLIC SAFETY ACT In March 2011, Amnesty International released a report in Srinagar calling for an end to administrative detentions in Jammu and Kashmir and a repeal of the Public Safety Act (PSA). In the previous session of the assembly the Chief Minister claimed that the report would be studied thoroughly, the suggestions made in it would be examined carefully and amendments carried out in the law. In mid July, state Law Minister Ali Muhammad Sagar reportedly told a press conference in Srinagar that the Law Department had approved amendments in the PSA. In August officials from the Home department confirmed that they were examining the issue, but Amnesty International is unaware of any legislation that has been introduced by the Government to amend or repeal the PSA. Detentions under the PSA continue on a regular basis and a number of political leaders and activists remain detained without charge of trial. Amnesty International urges MLAs to call upon the state government to inform the assembly of the steps undertaken towards repeal of the PSA, along with any time frame that may have been set for it. AMENDMENT OF THE JUVENILE JUSTICE ACT A violation of human rights of particular concern noted in the Amnesty International report was the detention of children under the PSA - in particular boys above the age of 16 who are considered adults as per the Juvenile Justice Act (JJA). This is inconsistent with both the central juvenile justice legislation and the United Nations Convention on the Rights of the Child, to which India is a signatory.

On 20 April 2011 at a workshop on the Juvenile Justice System in Udhampur, the Chief Minister indicated that the gaps in the JJA would be filled and asked the Law Department to look into this issue. Officials of the Social Welfare department and the Law Department were also quoted in press reports in late June stating that a new legislation on juvenile justice was likely to be tabled in the September session of the state assembly. These words must be translated into action. Amnesty International calls upon the MLAs to ensure that legislation is introduced to amend or replace the JJA, in order to bring it in line with international law and standards. In June 2011 Amnesty International initiated a global petition calling upon the J&K government to amend the JJA. Over 10,600 members and supporters of Amnesty International worldwide have signed the petition which has been sent to the Chief Minister. The amendment of the JJA would be a step in the right direction, and its effective implementation - in particular the expeditious formation of Juvenile Boards / Courts in all districts - will ensure that all children and teenagers in Jammu and Kashmir in conflict with the law will have an opportunity to reform and be rehabilitated. DE-NOTIFICATION OF "DISTURBED AREAS", REPEAL OF DISTURBED AREA ACT AND ARMED FORCES SPECIAL POWER ACT Press reports indicate that the state government is seeking to de-notify parts of the state previously notified as "disturbed areas" under the Jammu and Kashmir Disturbed Areas Act (DAA). The Indian Home Minister has also stated that the areas de-notified as disturbed areas by the state government would also be de-notified by the central government with respect to the Armed Forces (Jammu and Kashmir) Special Powers Act (AFSPA). This would be a welcome first step to remove the operation of the DAA and AFSPA from parts of the state. However MLAs must further call for a repeal of both legislations as they violate international human rights law and standards. (Amnesty International, September 26, 2011)

THREE

J&K HUMAN RIGHTS Perspective

September-October, 2011

HUMAN RIGHTS UPDATE

Incidents of human rights violations given below are such specimen in which victims are innocent civilians, whosoever be responsible for the violations.

Cabinet approves ordinance on PSA amendments

Detention Period Reduced, Minors to Be Spared

Srinagar, Oct 28: Amidst controversy surrounding the revocation of Armed Forces Special Powers Act from certain pockets in Jammu and Kashmir, the ruling coalition, National Conference and Congress, in a major move Friday approved an ordinance to do away with some harsher clauses contained in Public Safety Act. The state Cabinet which met under the chairmanship of Chief Minister Omar Abdullah here okayed promulgation of the ordinance titled "The Jammu and Kashmir Public Safety Act (Amendment) Ordinance 2011" thus approving among other recommendations that a minor (under 18 years of age) would no longer be detained under PSA. Besides, the detention period under PSA shall be reduced from the existing one year to three months in case of public disorder and from otherwise 2 years to six months in a case involving security of the State. However, in both situations there is provision for revision and the detention period can be extended to 1 year and 2 years respectively. The ordinance was necessitated since state legislature is not in session, it would be now send to Governor for his consent and promulgation. The ordinance provides that a detainee under PSA would be communicated in his/her own language about grounds of detention and all the formalities for slapping PSA on an accused shall be completed within six weeks instead of eight weeks as was given under the existing provisions of the Act. Besides, Chairman of Public Safety Advisory Board can be appointed for two terms only. Officials claimed it is for the first time that major amendments have been proposed in the Act. This is for the 6th time that the law is to be amended. "Yes, some major amendments have been effected in the law for the first time," said a top official. An in-house committee in the Law Department had approved the amendments and sent them to the state Home Department - the concerned implementing administrative department on the PSA - for approval. Government's move follows mounting pressure on it by international human rights watch-dog, Amnesty International, asking state to revoke Public Safety Act. In its report released on detentions in JK under PSA last year, the AI termed the Act as "lawless law." "Hundreds of people are detained under the PSA in J&K, many of them political activists and youth suspected of throwing stones at security forces. Instead of charging and trying persons suspected of committing offences in a fair trial in a court of law, the authorities continue to circumvent the rule of law by resorting to the PSA," the Amnesty report said. The High Court Bar Association argues that over 35,000 persons have been detained under PSA since 1989. Since long it has been accusing state authorities of treating boys above age of 16 as adults and detaining them without trial under the PSA and ordinary criminal law, holding them in regular prisons along with the adult prisoners. As per the J&K Juvenile Justice Act, 1997 (J&K JJA) juveniles are defined as boys under age of 16 and girls under age of 18. The Juvenile Justice (Care and Protection of Children) Act 2000 operating in other states defines children as those under the age of 18 in line with the UN Convention on the Rights of the Child (CRC). (Greater Kashmir, October 29, 2011)

Prominent journalist beaten up by police

Srinagar: Well-known Indian author and journalist David Devadas, a fellow with the Nehru Memorial Museum and Library in Delhi and author of a book on Kashmir, was beaten up by personnel of the Jammu and Kashmir Police in Srinagar on September 5. In a letter written to Chief Minister Omar Abdullah, David Devadas, an old Kashmir watcher said that on September 5, when he was crossing the Rambagh bridge in his car in evening in heavy traffic, he heard a loud bang at the back of his car. His car was hit by another car. It was a security vehicle which was part of a convoy. One of the vehicles had a car flying the national flag. Devadas claims, "Those who were in this convoy had apparently got the impression that my car was obstructing their way, and became angry with me for this reason." In few minutes, more policemen came and started hitting him with hands and metal lathis and abused him. In spite of such serious assault, policemen have filed an FIR against Davadas, saying that he made a `jaan-leva hamla' (lethal attack) against them when their convoy had passed his car. Devadas says, "At no point of time during this incident did I resort to using force against police persons, even in self-defence. They further made a baseless allegation that I had a pistol. I made it clear to them that I was not carrying any pistol. On mentioning that I was a journalist, they threatened that they would teach me a lesson in the police station. Further, they continued to use profanities and issued threats." Devadas says, "At no point of time during this incident did I resort to using force against police persons, even in self-defence. They further made a baseless allegation that I had a pistol. I made it clear to them that I was not carrying any pistol. On mentioning that I was a journalist, they threatened that they would teach me a lesson in the police station. Further, they continued to use profanities and issued threats." Devadas, who lives in Kashmir since long, knew that it's not wise to accompany policemen to police station. He insisted that he should be checked right there with help of witnesses. "I requested him to search me on the spot in front of passers-by who were witnesses before taking me anywhere. I told him the men in the security detail had accused me of having a pistol and that I therefore wished for the veracity of this allegation to be established
(Contd. on page 5)

FOUR

J&K HUMAN RIGHTS Perspective

September-October, 2011

Human Rights Update...

(Contd. from page 4)

in front of independent witnesses from the public." says Devadas. However, he was not given any choice. Nobody agreed to search him. He was forced to sit in police vehicle. "Even after having volunteered to board the vehicle, the police personnel, instead of respecting my action, seized me by my hair and pulled, pushed, kicked and forced me into the back of the jeep. My shirt was torn across my torso at this point. In the jeep, I was further beaten, abused and kicked, while my head was held down at the floor of the jeep by my hair. I was unsure of my fate, and what would follow inside the police station." When Devadas was bleeding in the police station, various policemen kept asking him where his pistol is. Devadas alleges that when he was beaten by police mercilessly policemen taunted that, "Get your home ministry to withdraw the disturbed areas order" that gives him such power. Devadas has written to CM that, "He also told me angrily that what had happened to me was nothing compared to what Kashmiri journalists have experienced. (Kashmir Times, Sept 13, 2011)

recovery in the tourist trade as the flow of visitors dried up. More than 110 people were killed in 2010 alone, mostly in firing by security forces to quell violent protests. The number of visitors "to the valley this summer should serve as a loud message for change of travel advisories issued by various countries regarding Jammu and Kashmir," Chief Minister Omar Abdullah said. (AEP, Sept 17, 2011)

145 applications for return of Kashmiri militants worked out

Jammu : The Jammu and Kashmir police today said that out of 700 applications filed by relatives and parents of Kashmiri militants to facilitate their return to the state, 145 had been worked out. "Till now, 700 applications have been received, and of those, 145 have been worked out and others are in process," Director General of Police (DGP) Kuldeep Khoda said. He was talking to reporters after inaugurating Amar Jawan Jyoti at Police Martyr's Memorial here. The applications were filed in Rajouri, Doda, Kupwara, Baramulla, Kishtwar, Shopian and Bandipora districts. The return and rehabilitation policy of the state government aims at facilitating the return of ex-militants who belong to Jammu and Kashmir and had crossed over to PoK for training in use of arms and explosives but had later given up terror activities due to change of heart and were willing to return to the state. On the issue of mass grave in Poonch district, Khoda said, "These graveyards, let me tell you, are in the area where there is habitation, and the buried include militants, and people died of natural causes. "If anybody has any particular complaint then definitely we will look into it," he said. To a question about the presence of Indian Mujahideen (IM) in the state, the DGP ruled it out. Referring to HuJI's e-mail sent from Kishtwar owning responsibility for the Delhi High Court blast, Khoda said, "National Investigation Agency (NIA), which is probing the case, has taken the arrested persons to Delhi for further investigations." (Indian Express, Sept 22, 2011)

the state alongwith name, parentage, address, offences under which they are facing trial alongwith place of detention. Untoo had also sought details of number of person detained under PSA and number of persons convicted in the militancy related cases and the offences under which they were convicted. He had also sought information about the number of persons awarded capital punishment and the persons who have been convicted in the militancy related cases. Besides, Untoo had sought information about number of female prisoners detained under PSA or any substantive offence alongwith their names and place of detention. However, Deputy Inspector General Prisons Department informed the applicant that in terms of section 8(i) of RTI Act, the information cannot be furnished. (Kashmir Dispatch, Sept 25, 2011)

98 hawala related arrests in J&K since 2009

Security agencies have arrested 98 persons and seized over Rs 1 crore since 2009, as part of efforts to check pumping of hawala money into Jammu and Kashmir for funding secessionism and militancy. The arrests were made in connection with the hawala transactions over the past two and a and Rs 1.23 crore in Indian currency was recovered from them, the state government on Tuesday informed the Legislative Assembly. Of the arrested persons, 48 were found misusing trade across the Line of Control (LoC) and Rs 73,34,410 along with encashed cheque worth Rs one lakh recovered from them. The highest number of 66 arrests were made in 2009 and Rs 77 lakh was recovered that year. Only 15 persons were arrested and nearly Rs 10 lakh seized from them in 2010 - the year when Kashmir witnessed massive separatist sponsored protests ringing normal life to almost standstill between June and October, leaving nearly 120 persons dead. As many as 17 persons were arrested till July this year and Rs 36,17,000 were recovered from them, the government said replying to a question by Chaman Lal Gupta (BJP) regarding recovery of hawala money in the state. The money was meant for Hurriyat Conference, Jammu and Kashmir Liberation Front, Islamic Students Front, Mass Movement, Peoples Conference, Mahaz-e-Azadi and Democratic Freedom Party, besides militant outfits - Hizbul Mujahideen, Lashker-e-Toiba, Jaish-e-Mohammad, Al-Badr, Harkat-ulMujahideen, Al-Umer, Jamiat-ul-Mujahideen, Al-Burq and Islamic Front. (PTI, September 27, 2011)
(Contd. on page 7)
J&K HUMAN RIGHTS Perspective

Tourism boost in Indian Kashmir as violence ebbs

"More than 700,000 tourists have visited Kashmir this year," a senior government tourism official told AFP. "This has been the best tourist season since the insurgency began in the state." The insurgency in Indian Kashmir has left more than 47,000 people dead according to the official count. Rights groups say the number of dead and missing totals at least 70,000. "With the return of peace and normalcy the tourism sector has started showing significant resurgence," Indian Kashmir governor N.N. Vohra told a tourism conference that wound up on Friday. He added that this year's visitors included 21,000 foreigners. In 1988, nearly a million tourists visited the region known as the "Switzerland of the East" for its snow-capped mountains, freshwater lakes and breathtaking landscapes. But their numbers dwindled after the revolt began. Visitors started returning in large numbers after nuclear-armed India and Pakistan launched a peace process in January 2004 to settle six decades of hostility sparked by their rival claims to Kashmir. A total of 500,000 tourists visited in 2008, before the troubles escalated. But massive anti-India unrest over the last two summers appeared to dash hopes of a

Govt refuses to provide info about prisoners under RTI

State Government has refused to provide details of number of under-trials and number of persons convicted in the militancy related cases in J&K under Right to Information Act (RTI). The RTI application filed by a human rights activist Ahsan Untoo had sought information which included number of under trials facing charges regarding the militancy activities in

FIVE

September-October, 2011

Progressive Literary Movement in Kashmir

Book by G N Khayal Reviewed by Dr. Farooq Fayaz ecent historical scholarship has started a systematic process to look at material other than conventional sources. These include, among other things, comparative study of literary cultures, linguistic structures, and psycho-social archetypes for understanding the variegated shades of human concerns. Under such a widened and enlarged space of historical inquiry, the documentation of the history of Kashmiri literature with specific focus on Progressive Literary Movement in Kashmir, by Ghulam Nabi Khayal, is a commendable addition. Khayal's canvas of literary disposition is wide enough as the celebrated writer has been continuously contributing in three languages for the last fifty years on wide variety of themes pertaining to literature, history, culture and art of Kashmir. The author has at his credit some thirty titles. For his invaluable contribution to Kashmiri language and literature, he has been presented various awards which among others include prestigious Sahitya Akademi and J&K Cultural Academy Awards. This work is, in fact, a part of the bigger research project assigned to Gh. Nabi Khayal by Sahitya Akademi, New Delhi under its Writers in Residence scheme. The project is aimed at enriching the literatures of various Indian regional languages by having new and research based publications prepared by selected writes and research scholars of repute. The concept of Progressive Writers Movement was in fact a brain child of some progressive young intellectuals in reaction to the fascist, colonial, communal, racial, imperialistic and capitalistic forces on the global map. In India, the architect of the Movement was Sayad Sajjad Zaheer who established All India Writers Association in Lucknow on April 10, 1936, in tune with Indian Progressive Writers Association set up in London in 1935. The Progressive Writers Movement in

Kashmir passed through a period of an unusual ferment in its intellectual, political, literary and social life in the 1940s and 1950s. I was a frequent visitor to Kashmir and found each visit very rewarding. I came in close contact with stalwarts in almost all these fields, who continue to be my source of inspiration. Ghulam Nabi Khayal has done a commendable job in keeping our link with this treasure alive and provide a valuable link to the 5000 years old cultural heritage of Kashmir. Balraj Puri
Kashmir was initiated under the influence of Urdu Progressive Writers in the postPartition fragile political clime. The movement played a significant role in shaping a distinctive literary behaviour which condemned political vandalism, communal outcry, feudal exploitation, and stood for social amity, universal brotherhood, plural social fabric and human love. The fifties of the twentieth century presented a complex but fluid political situation. Divergent historical forces had become active to draw the future destiny of the pre-Partition feudal state. The reactionary forces too were active enough to find a space to address their communal agenda. At this critical phase of Kashmir's political history, the writers associated with Progressive Literary Movement came forward with literary disposition and commitment, and through their writings, a kind of cultural clime was formed that facilitated the promotion of cultural pluralism, linguistic connectivity, social coherence, universal brotherhood and human love. By writing this book, G.N. Khayal has done a commendable job. The writer seeks to explore the roots and the genesis of the Progressive Writers Movement. While constructing his thesis in regional setting, he never loses sight of historical processes at global level, which culminated in the expression of socialistic thought. In this connection, he refers to the impact of industrial capitalism, Marxian concept of history and the outburst of socialist and labour Movements towards the closure of nineteenth century. He also takes note of the impact of Russian Revolution of 1917 on Indian political scene in general and on Kashmir's personality in particular. By placing the literary discourse of forties and fifties in the rich Kashmiri poetic tradition, initiated by Shaivite-Lalla and Sheikh Nur-ud-din Reshi, Khayal attempts to seek legitimacy for it. He, for example, quotes two verses, one each of Lal Ded and Sheikh Nur-ud-din Reshi that symoblize Kashmir's rich cultural ethos. The idol and the temple are but stone; Stone, they are and nothing else; Wise Pandit, whom dost thou worship Unite they mind and breath in him alone - Lal Ded No wonder, borne of the same father and mother One bear no ill will to each other Should our love bind us all alike Hindu and Musalman Then only god is pleased with us - Sheikh Nur-ud-din Reshi Prior to the formal initiation of Progressive Writers Movement, the author admits that Mahjoor and Azad had set in motion a new poetic idiom in terms of expression, style and theme, but it was the Movement that provided an intellectual foundation for the new Kashmiri literary corpus, thus helping enrich the literary content and artistic merit of Kashmiri language The author refers to two collections entitledGaye ja Kashmirand Yawan Nehj, published under the banner of Progressive Writers Movement, which offered in a period of great historical crises a rightful perception of resistance against tyranny and aggression of popular folklore within days. Alongside the initiation of new themes and forms in Kashmiri Literary corpus,
(Contd. on page 8)

SIX

J&K HUMAN RIGHTS Perspective

September-October, 2011

Human Rights Update...

(Contd. from page 5)

27 terrorists killed in Jammu and Kashmir this year: Army

NEW DELHI: Foiling a large number of infiltration bids across the Line of Control (LoC), the Indian Army has killed 27 terrorists this year and arrested four in Jammu and Kashmir. Meanwhile, around 40 terrorists succeeded in sneaking past the security forces this year, sources in the Indian Army said here. This year 27 terrorists were killed and four arrested while trying to cross the LoC. Out of the 175 terrorists trying to enter the Indian territory, only 35 to 40 have succeeded, they said. Last year, out of 495 terrorists, who made an attempt to enter J&K, 125 were gunned down by the soldiers deployed in the threetier counter-insurgency grid. Around 90 terrorists were reported to have succeeded in entering J&K in 2010. In the last three years, maximum number of 10 terrorists were arrested by the Army in 2009, when 480 terrorists tried to cross over the borders. In 2009, 110 terrorists were killed. 10 insurgents were also arrested then, they said. They said they have managed to map all the infiltration routes and launch pads used by the insurgents, which has helped us plug the loopholes, they said. ( PTI, Sep 29, 2011)

NC worker dies in police custody

Srinagar, Sept 30: An elderly National Conference worker from Bijbehara, Islamabad allegedly died in custody of Crime Branch of Jammu and Kashmir Police here during the preceding night after being called for investigation following a complaint against him. However, the family members of deceased said that he was called by a minister to his home after which he died. The government has ordered a probe by sitting High Court judge into the matter. The family members of Syed Mohammad Yousuf son of Syed Ghulam Ahmad of Loktipora, Bijbehara said he received a phone call from a minister yesterday morning. "He summoned him to his residence in Srinagar for an important meeting," they said while protesting in Press Enclave here. The deceased's nephew Adil Bashir said he had received a phone call from him (minister) yesterday morning. "The minister asked him to

come to his residence in Srinagar in the evening for some important meeting. He went to minister's residence and called home after reaching their. During conversation over phone, we could hear some noise and heated arguments between two sides," he said. He said while the conversation was yet to be finished, the phone line dropped. "He never picked up the phone again. We called him continuously till 12 pm. However, nobody responded over phone from the other side and eventually the phone went switched off," he said. The family members said in the morning they approached a senior police officer and sought Syed's whereabouts, who had recently migrated to Pampore from Bijbehara, Islamabad. They alleged that Syed's body was recovered from Crime Branch wing of police. "Police told us that he died of cardiac arrest in the morning. However, we want to know if he had died in the morning why he did not pick up the call during the night and why police didn't inform us about his death due to heart attack," they said. They relatives claimed that Syed had close affiliations with NC party and Chief Minster knows him personally. "After his retirement as teacher, he joined NC and started campaigning for it. In 2008 assembly elections, he campaigned for same minister at various places in his constituency," said Syed's brother, Syed Mohammad Shafi. The body of the deceased was handed over to his relatives after conducting of post mortem by a team of doctors at Police Control Room to ascertain the exact cause of death. Shafi said that they have lodged a complaint at Police Station Batamaloo. A wire news agency PTI quoting sources reported that that the deceased and two other persons - National NC workers Mohammad Yousuf and Abdul - were picked up by Crime Branch sleuths yesterday after a complaint that a police officer in Chief Minister's security - Shabir Ahmad - was allegedly involved in taking bribe for favours. The officer has been shifted from Chief Minister's security and posted as Deputy Superintendent of Police (Headquarters) in Kulgam district of South Kashmir. However, police termed his transfer as a routine matter. When contacted, IGP Kashmir S M Sahai refused to comment over the matter. However, IGP crime Raja Aijaz Ali said a judicial inquiry has been ordered into the incident. "All other necessary actions would be taken," he said. An official spokesman said government has formally requested the Chief Justice of High Court to appoint a sitting Judge to conduct an inquiry into the circumstance leading to death of Syed Mohammad Yosuf of Bijbehera.

MoS Home Nasir Aslam Wani told Rising Kashmir that government has ordered a timebound judicial probe into the incident to unravel the truth. (Greater Kashmir, September 30, 2011)

Reopen Kunan Poshpora 'mass rape case' SHRC

Srinagar, Oct 19: The State Human Rights Commission (SHRC) on Wednesday asked the state government to re-open the Kunanposhpora "mass rape case" that sent shudders across the Valley in 1991. Sources told Greater Kashmir the SHRC also recommended Rs 2 lakh compensation for each victim and asked the government to prosecute the then Director Prosecution. This is for the first time such a step has been taken by the Commission. The move came after the SHRC recorded evidences in the case. The Commissioner Secretary Home B R Sharma said the government has not received the copy of the recommendations as yet. "We will study it first and then take the action accordingly," Sharma added. Kunanposhpora, a small village in frontier district of Kupwara, witnessed one the worst incidents in the history of Kashmir's political turmoil - the alleged mass rape - during the intervening night of February 23 and 24 in 1991, allegedly by the soldiers of 4 Raj Rifles of 68 Brigade. After the incident Police had lodged an FIR under section 376, 452 and 342 at police station Trehgam against the Army. To get the case reopened has been the long pending demand of the locals. "As the militancy was at its peak in 1991, not much could be done and investigations were left half way," a police official said. "None of the erring soldiers were either arrested or booked." Soldiers, according to the locals, cordoned off the village on that fateful night and asked men to assemble in an open ground. "Later they barged into our houses and outraged the chastity of women irrespective of age. They didn't even spare a 5-year-old child and 95year-old lady. Those who tried to save the dignity and honour of their sisters, mothers and wives were beaten mercilessly," locals allege. Residents of Kunanposhpora have been living with social stigma for the past 20-years. After the incident many women who were married in other areas were divorced. "Even today marriage proposals of the girls are turned down. Many girls have become overage and their chances of getting married are bleak," they added. (Greater Kashmir, October 20, 2011)

Editor Office Phone

: BALRAJ PURI Associate Editor: ELLORA PURI : Karan Nagar, Jammu - 180 005 (J&K) INDIA. : 91-191-2542687, 2543556 Mobile: 94191-02055 E-mail : balraj_puri1@rediffmail.com
Back issues are also available on our website www.humanrightsjournal.com
J&K HUMAN RIGHTS Perspective

SEVEN

September-October, 2011

Meeting of Core Group on Elderly Persons

The National Human Rights Commission organised the first meeting of its newly constituted Core Group on protection and welfare of elderly persons on the 9th June, 2011. The meeting was chaired by Mr. P.C. Sharma, Member, NHRC. Some of the important issues discussed during the meeting are as follows: Persuading the States to notify the Maintenance and Welfare of Parents and Senior Citizens Act 2007, Sensitizing the civil society, NGO's and the government machinery on the issues of older persons for taking prompt action against the person abusing their rights. Standardization of old age homes and social auditing of programmes and services meant for the welfare of elderly persons. Abuse of elderly persons by their close relatives mainly sons and daughter-in-law and non registration of complaints against the abuser and the reasons thereof. Abandoning older persons on the streets Dementia and Alzheimer related health problems of the elderly persons, their treatment and available facilities. Creating appropriate health and other infrastructural services for the elderly.

Progressive Literary ...

(Contd. from page 6)

Govt contradicts its earlier claim

Say 1378 persons disappeared in 20 years
Srinagar, Oct 3: The State government on Monday claimed that only 1,378 persons have disappeared in Jammu and Kashmir during the past 20 years, while as four fake encounters have taken place in the state since 2002. In a written reply to the clubbed query of Peoples Democratic Party (PDP) legislator Choudhary Zulfikar Ali and MLA Langate Er. Rashid, the government informed the House that only 1,378 persons have disappeared during last 20 years. The reply states that 121, 13, 23,195,275,76,235,225,19,17, 19,03,05,03,47 and 52 persons have gone missing respectively from Anantnag. Kulgam, Bandipora, Baramulla, Pulwama, Budgam,, Kupwara, Srinagar, Ganderbal, Shopian, Rajouri, Poonch, Reasi, Ramban, Doda and Kishtwar districts since the armed rebellion broke out in the valley. The number provided by the present regime contradicts the figures of the previous regimes. In July 2002, the then Home Minister of National Conference government, Khaild Najeeb Suharwardy had said that 3,184 persons were missing since 1989. Next year on June 11, Peoples Democratic Party led government claimed 3,744 persons are missing in Jammu and Kashmir since 1989. Ten days latter, the number of missing persons was put at 3931. The present government led by National Conference put the number of disappeared persons at 3,429 persons in 2009. In a written reply the n it had stated that 1,062 persons are missing from Kashmir zone and remaining 2,367 were from Jammu The information to the clubbed query also revealed that ex-gratia relief of Rs one lakh has been paid to the next of kins of 740 disappeared persons. About the compensation to families of other disappeared persons, it says, "five hundred and thirty cases are under process and 108 cases have rejected due to adverse report from the police. Meanwhile the government also disclosed that 1215 cases were registered during 2010 unrest in different districts of the state. The reply stated that challans have been produced in 472 cases, while 637 cases are under investigation. It also states 100 cases are untraced and remaining six have not been admitted. Four fake encounters have been reported in Jammu and Kashmir since 2002, the reply added. (Greater Kashmir, October 4, 2011)

the credit for introduction of creative prose also goes to the efforts of the progressive writers. The new lot of celebrated short story writers like Som Nath Zutshi, Akhtar Mohi-ud-din, Amin Kamil, Bansi Nirdosh, Ali Mohammad Lone and others owe their literary existence to a great extent, to this literary movement. In this connection, the first Kashmiri literary journal Kong Posh deserves special mention for providing enough space for the promotion of Kashmiri prose. Khayal, however, while examining the role of Progressive Writers Movement for widening the literary canvas of vernacular literature points to the fact that by strict adherence to ideological commitment, the progressive writers created a kind of thematic monotony which was later rejected by a new team of modern writers. The author strongly argues that it was the direct result of the recurring literary debates, organised by progressive writers that literary personalities like Nadim, Rahi, Firaq, Kamil Akhtar, Azim, Nirdosh,Ali Mohammad Lone, Zutshi, Taj Begum Renzu, Pran Kishore, G.R. Santosh, Arjun Dev, Majboor, Abdul Sattar Ranjoor, Khayal and others were introduced to Kashmiri literary history. Khayal, being an eyewitness to various literary and political developments, records information about the sociopolitical profile of the state that offers penetrating insights into the character and health of Kashmiri society at a very critical phase of its history. The budding research scholars, who intend to work on contemporary socio-cultural history of Kashmir, are sure to benefit from his scholastic insight. The rich glossary and the photo feature have added to the beauty of the work under debate. The English translation of some progressive literary pieces at the end of the book deserves appreciation. It is an attempt to acquaint non-Kashmiri readers with the pulse of 1940-60, which determined the literary personality of Kashmiri language. The work, with its literary beauty, is a commendable addition to the history of Kashmiri literature and criticism.

EIGHT

J&K HUMAN RIGHTS Perspective

Edited, Printed and Published by Balraj Puri for Institute of Jammu & Kashmir Affairs, Karan Nagar, Jammu. Printed at ESS ESS ESS Offset Press, Wazarat Road, Jammu.