Role of civil society organizations in Indian’s new Kashmir policy

Name: Atta Muhammad Kamboh-1203

Submitted to: Dr. Ahmad Raza khan
Subject: Civil Society Organizations
Year: 2 Semester-4
Department of Political Science
Government College Lahore
  Abstract

Civil societies have been a great source of the uplift of oppressed voices against the
tyranny and aggression forged by the mightier on the poorer in the world. It can play its
progressive role in resolving the bone of contention between two nuclear armed
nations; Pakistan and India which since their inception has been a great magnificent
issues in both countries and the South Asia. There have been taken many initiatives but
nothing could be a seed of fruit of resolvable for conflict due to Indian created turmoil
situation in Kashmir and their brutal policies to crush the Muslim Kashmir in order to
hoist the flag of “Hindutva”. In this assignment, I would highlight the enlightened work
of civil societies which not only exposed the gloved covered hands of brutal Indian
army wetted by the blood of innocent Muslim Kashmiris but also represented the
demands and wills of Kashmiris to the government of Pakistan that How the brutality
are harshened to the Kashmiris by Indian army and through this all collective efforts
by the working Pakistani civil societies, the government of Pakistan became able to
highlight the Kashmir issue and Brutal naked aggression on Kashmiris by Indian
government at the United Nations and all world forums through a civil societal
gathered sources and materials in order to expose the real face of Indians on the
globe.

 Introduction

Civil society organizations mainly known in a short form as (CSOs) are the non-governmental
organizations or associations which work to manifest the interests and general will of the
citizens of any state which operate under the framework of law. It is considered the ‘Third
sector’ of any state which links with the common and collective interests of the individuals of
the state. They are basically autonomous groups which are mainly organized by the community
for their particular pursuits. They are directed to work autonomously under the provisions of law
by the state.

‘Civil Society is basically a network of people, groups or community that is

organized to work for the interest and welfare of the citizens of the state having no
profiteering objectives and no aim to take over the reins of the government’.1

1
United Nations Organization, ‘Intro to Civil Scoiety’.
According to United Nations, ‘Civil Society refers to the space for collective actions around
shared interests, purposes and values, generally distinct from government and commercial
for-profit actors’. Civil society is consisted of all Non-governmental organizations (NGOs),
Private voluntary organizations (POVs), Trade unions, Charity Clubs, Labor unions and all that
such groups which becomes the source to the uplift of voice of the peoples of society.

 Origin of concept of Civil Society

The term ‘Civil Society’ can be traced back to the respective works of Marcus Cicero- a Roman
philosopher which is very famous to his ‘Stoicism concept’, and other ancient Greek
philosophers. It is merely considered as a normative concept of ‘Civic values’. The CSOs provide
opportunities to all individuals to better participate in the process to strengthen the democratic
values of any state. It lies between the individual and the state. For example, there is a great
role of Civil Society in the historical records such that It is well documented as an evidence to
the history that the ‘Civil Societies’ played a significant contributed role to the epic freedom
struggle of Pakistan movement like Muslim Educational Conferences organized by Sir Syed
Ahmad Khan 1886 etc.

The earliest notion of civil society as a non-political entity was emerged in 18th century in
Europe when there was struggle going-on for democracy. ‘The concept of civil society has never
been static rather it evolved and changed time to time’.

Although the Friedrich Hegel was the first philosopher who provided a concrete idea of Civil
Society. He believed that ‘Civil Society is the organized part of society which only works for
particular section and devotes to a particular group’. But its view about Civil Society was
derogative, decisive or ridiculous. But after it, the views of Karl Marx came about the Civil
Society in which he described it as exploitative, subversive and authoritarian society. He was
basically against the ‘Capitalism’. So, he considered the Civil Society as a tool of Capitalism.
After the Marxist, the Liberal theorist described it as, there exists a two things; one is ‘Civil
Society’ and the other one is ‘state’. Both are different to each other but there lies a state
market between each other. But the Modern theorists retarded this concept about Civil Society
as made by Liberalists and considered it as ‘umbrella term which consists on various groups
other than market and state. It includes (NGOs), Interest groups and voluntary
organizations’2.

2
Michael Edwards, ‘Introduction: Civil Society and the Geometry of Human Rights’, Oxford University Press.
 Role of CSOs in India’s new Kashmir policy

Kashmir dispute has been remained a major conflict between India and Pakistan since its
inception. It has been under Indian military occupation since October 1947. The people of
Jammu and Kashmir have been granted the right of self-determination under the UN
Charter, and under several UN Security Council resolutions, more specifically under UN
(UNCIP) resolution of August 13, 1948, and January 5, 1949. These UN resolutions have
affirmed that, the question of accession of the State of Jammu and Kashmir to India or
Pakistan will be decided through the political democratic method of free and impartial
plebiscite. The status of Kashmir has been hotly debated since the partition of British India
and there had been fought four wars between India and Pakistan, the most recent, the
Kargil War, occurring in 1999. Kashmir's people have suffered immensely from the ongoing
conflict between South Asia's two nuclear powers. Their plight finally garnered
international attention in the closing decades of the past century only because of the
active role of ‘Civil Society Organizations’. Since then, the peoples of Kashmir are
struggling for their political and birth rights. Indian forces of occupation have committed
massive human rights violation in Kashmir.

The role of CSOs for highlighting ‘Kashmir dispute’ at the world forums is unanimous.
Since its operation and working to expose the brutality of Indian government and its
aggressive policy against the ‘Innocent Kashmiris’ have got more intentions in Pakistan.
In one of them is the famous CSO operating significantly in representing the ‘Violence
over the Kashmiris in Indian occupied Kashmir’ which is under name of ‘Kashmir
Institute of International relation’ mainly known as (KIIR) in Pakistan. It has been
working from its day one to represent the importance of the ‘Fundamental rights of
Kashmiris peoples’ in the Indian occupied Kashmir. It not only represented the voiceless
voices of Kashmiris to the all over Pakistan but also at the UNO and their working forums
at different countries. There have many evidences collected by different smaller and
larger CSOs operating for the resolution of Jammu and Kashmir conflict which shows the
record of the death tolls of Kashmiris peoples and tortures, rapes of Kashmir women,
kidnapping and other kind of violence which are considered unethical to the
humanitarian values and respect of mankind. These evidences had been approved by
the ‘Amnesty International’- a world-wide largest CSO operating. There are quoted here
at their following words,
 "The most common torture methods are severe beatings, sometimes while the
victim is hung upside down, and electric shocks. People have also been crushed with heavy
rollers, burned, stabbed with sharp instruments, and had objects such as chilies or thick sticks
forced into their rectums. Sexual mutilation has been reported".3
(Amnesty International Organizations, March 1992)

"Sexual molestation, beatings, threats of violence, and electric shock are the most common
forms of torture in Kashmir.”
(Amnesty International Organization)

Through the evidences put by the CSOs the ‘Amnesty International’ had said many times that
“Indian army personnel facing charges of serious violations of human rights must stand trial.”
There are many rallies, corner meetings held in various months to revive the feelings of pain and
brutality forged on the innocent Kashmiris among the different communities living in Pakistan.
There are many notions taken in which the solution to Kashmir dispute are presented by the
CSOs and their community peoples. And there exists only one solution, and that is
commencement of Plebiscite.
The ‘Research society of international law’- an CSO operating has expressed the violation of
the legal rights given by the ‘Indian constitution’ in Islamabad to the World community
especially the UNO by the help of ‘MOFA Pakistan’ to aware the integration of International
law articles on ‘Human rights’. It had clearly stated that,
Recently, the Article 370 of the Indian Constitution is purportedly the article on which the
Princely State of Jammu & Kashmir is reported to have acceded to India. While many
provisions of Article 370 that granted special status to J&K had been diluted by extending 94
of the 97 subjects in the Union list to the region and 260 of the 395 Articles of the Constitution
of India to the state,4 Indian-administered J&K still retained certain provisions for those that it
defined as permanent residents, effectively denying outsiders from buying property, holding
government jobs, or enrolling in government colleges in the state. The 5 August measures in
Kashmir were a watershed event in the region’s history. The special status of the region
granted through Article 370 was abrogated through a Presidential Order, which also went on
to bifurcate the J&K state into two union territories. This maneuver by the Modi government,

3
Statement on ‘Human rights’, Amnesty International.
4
Ahmer Bilal, Jamal Aziz, ‘The Status of Jammu and Kashmir under International law’, Research Society of
International law, Islamabad.
besides infringing on international law, is also in direct contravention of Indian Constitution
itself and has thereafter been challenged in the Indian Supreme Court. Specifically, the order
was in contravention of international law vis-à-vis the definition of an occupying power under
Article 42 of Hague regulations 1907 to India in Kashmir,5 whereby it is prohibited for an
occupying power to annex a territory under its unlawful control.
The Occupied Jammu & Kashmir has been under lockdown since Aug 5, 2019. The BJP revoked
Article 370 of the Indian constitution that allowed special rights for Jammu & Kashmir, such as
the ability to make its own laws when it came to permanent residency, property ownership, and
fundamental rights. It also barred non-Kashmiris from owning land or settling there.6 A cruel
lockdown and communications blackout followed immediately afterwards. This mass
confinement came as Kashmiris were expected to protest against such blatant attempts to
change the demographics of their region, which threatens to erase their identity and right to
their homeland. The Kashmiris have been suffering the ignominy of restrictions since August
2019 not because of a biological genome, but because a virus of hate, prejudice and intolerance,
that has been systematically manufactured in the laboratory of the RSS, the ideological wart
head of India’s ruling party, the Bharataya Janata Party. The occupied valley has been under
curfew and lockdown since Aug 5, 2019. This bloody lockdown is being brutally enforced by
900,000 Indian troops, making the region the most militarised zone in the world. The people are
caged within their homes with virtually one soldier standing outside every house, transforming
the place into a gigantic prison.

According to the ‘Observer research Foundation’, the reasons for the hurried abrogation of
Article 370 may be twofold. Firstly, by hastening the abrogation of Article 370, India was
reaffirming its autonomy and independent decision making, irrespective of its relationship
with any other country. This should be a cause of concern among the proponents of Indo–US
strategic partnership, since New Delhi is unlikely to play an auxiliary role when it comes to
India’s own interests. Secondly, the continuing Afghan peace process and India being
sidelined in it despite investment outlays of $2 billion USD in the country may be another
reason for the rushed decision. India is certainly unhappy with Pakistan’s central role in the
process and may have liked to shift Pakistan’s attention to sabotage the Afghan peace
process.7

5
ICRC, ‘Occupation and international humanitarian laws’, questions & answers session.
6
‘Kashmir: the other forgotten lockdown’, Dawn news, 2020.
7
Observer research foundation, ‘An Afghan pretext behind Kashmiri’s reorganization’.
 The CSOs prepared a report on the 0n-going situation and put it to the PM Imran Khan which is
stated as following,
‘There are more than 800,000 Indian security forces in J&K for less than 500 armed fighters.
According to a J&K police report this latter number actually hovers around 200. This
demonstrates the ludicrous pretense of such a massive deployment for “security and order”
against an armed struggle, indicating that such measures are instead aimed at keeping the
entire Kashmiri population in a state of subjugation. This heavy presence of military
personnel is also an indication that India is geared up for any cross-border military action. In
the past as well, India has repeatedly tried to divert attention away from popular uprisings in
the region by heating up the Line of Control (LOC) or mobilizing forces against Pakistan as
shown by Operation Parakaram, Operation Brasstacks, and the latest increase of 1,400% in
ceasefire violation incidents along the LOC over the past decade. Moreover, India is acquiring
the latest weapon systems, such as the S-400 from Russia and Rafale jet fighters from France.
This indicates a growing aggressive posture. Moreover, the ultranationalist leadership will
look to climb further up the escalatory ladder in any future scenario, as it will be emboldened
by the acquisition of these platforms’.8

There is a CSO which may be find as an active civil organization operating since many years
under the name of ‘Peace and Culture organization’ headed by ‘Mishal Malik’- a wife of
Huriyat leader ‘Yasin Malik’- a man struggling and imprisoned many times, faced tortures for
the sake of Jammu and Kashmir liberation as to form an independent state where the
Kashmiris could live safely and freely from the brutality of Indian soldiers. Mishal Malik as a
chairperson of ‘Peace and culture organization’ has been trying for restoration of 370 article
which were abrogated on 5th August 2019. She believed that once the Indian government has
made the life of innocent Kashmiris brutal, there are being taken many initiatives to demolish
the status of Kashmir state as the abrogation of 370 article is one of them initiatives being
taken to crush the land of Kashmiris to lost their identities in India. The Peace and Culture
organizations is found as an active front-footer which live up the brutality of Indian over
Kashmiris peoples among the Pakistani community and the other communities of the world.
The peace and culture organization under the leadership of Mishal Malik organizes many
conventions, held public conferences and different functions in different universities of the
Pakistani country to aware the young and older generation that How the Kashmiris are being
denied from their fundamental rights. How the Kashmiris women are being raped and forced
to be nude before the Indian army soldiers when they come out from their houses for their
family men bail out who are imprisoned and tortured by Indian army. By having their fruitful
efforts, there are many societies under the name of ‘Kashmir society’ have established in
different universities which invite the leaders, social activists and political ministers to

8
A report, ‘Kashmir Institute of International relation’
address the issue of Kashmir and aware the world especially UNO about the brutality of
Indians over Kashmiris peoples in Indian occupied Kashmir.

 Conclusion

So the role of CSOs is unanimous and significant one in showing the world communities the
horrific and worsen condition and the barbaric circumstance created by Indian government
policies to wipe out the race of Kashmiris peoples from their motherland to the world. There
are now many communities got aware by the forged brutality and the intense circumstances
which are facing by Kashmiris under Indians new policy unethical to the humanitarian values
around the world by the significant role of CSOs. It can be said very evidently and claimed
before the International forums like UNO, Security Council, UN Human Rights Commission by
the representatives of Pakistan through the collective evidences prepared by CSOs that this is
how Kashmiris are being oppressed and their blood are shed down mercilessly. There are now
many foreign human-loving communities well-aware about the conditions of innocent
Kashmiris in India occupied state. This were made possibly only by the significant and undying
role paid by the efforts and courage of Civil Society Organizations.

 References

United Nations Organization, ‘Intro to Civil Scoiety’.

Michael Edwards, ‘Introduction: Civil Society and the Geometry of Human Rights’, Oxford
University Press.
Statement on ‘Human rights’, Amnesty International.
Ahmer Bilal, Jamal Aziz, ‘The Status of Jammu and Kashmir under International law’, Research
Society of International law, Islamabad.
ICRC, ‘Occupation and international humanitarian laws’, questions & answers session.
‘Kashmir: the other forgotten lockdown’, Dawn news, 2020.
Observer research foundation, ‘An Afghan pretext behind Kashmiri’s reorganization’.
A report, ‘Kashmir Institute of International relation’