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Human Rights Challenges in Jammu and Kashmir: A Call for Dignity, Freedom, and Justice

As the world marks International Human Rights Day under the theme “Dignity, Freedom, and Justice for All,” it is critical to turn our attention to the long-standing human rights challenges in Jammu and Kashmir. 

The history of Jammu and Kashmir is intertwined with complex geopolitics and territorial disputes. The region has been embroiled in a long-standing conflict, with both India and Pakistan claiming sovereignty. Unfortunately, the local population has often been caught in the crossfire of political tensions, leading to numerous violations of human rights. 

The presence of armed forces in Jammu and Kashmir has led to numerous violations of human rights. These include the excessive use of force by security personnel, the plight of half-widows, the separation of families, arbitrary detentions, disappearances, and restrictions on freedom of speech. The impact of armed conflict on civilians, especially women, and children, further emphasizes the need to address these issues. 

However, when we compare the Human Rights Violations in Pakistani-Administered Kashmir and Indian Administered Kashmir, the Human Rights violations are much more prevalent in the later one. 

Indian-administered Jammu and Kashmir is known for having one of the highest military-to-civilian ratios in the world, making it a densely militarized zone. The Indian Government’s decision to abrogate Articles 370 and 35A opened the door to severe human rights violations in Jammu and Kashmir. This move has deprived the people of the region of their basic right to self-determination and the ability to choose their future through a plebiscite, which was suggested by the United Nations. Several international human rights reports document the frequent violations occurring in Indian-administered Kashmir almost every month. 

The Amnesty report underscores the drastically intensified repression in the region, pointing to violations of Article 3 (right to life, liberty, and security of person), Article 9 (arbitrary arrest, detention, or exile), Article 19 (freedom of opinion and expression), Article 21 (right to participate in government), Article 10 (right to a fair and public hearing), and Article 12 (no arbitrary interference with privacy). 

The international community recognizes the importance of upholding human rights standards in areas affected by conflict. The Indian government has committed to complying with various international agreements and treaties that safeguard basic human rights. In the interest of promoting peace and stability, it is necessary to assess the adherence to these standards when examining the situation in Kashmir and taking appropriate measures to address any violations that may have occurred. 

To gain a comprehensive understanding of the impact of the conflict, it is imperative to take into account the perspectives of Kashmiri civilians. The personal experiences of individuals, families, and human rights activists on the ground provide valuable insights into the challenges they face daily. These narratives underscore the urgency of addressing the human rights situation in Kashmir. 

In light of increasing concerns, numerous esteemed international organizations, including Amnesty International, have called for impartial investigations into alleged human rights violations. The pursuit of justice for victims is an essential component of the road to lasting peace. By acknowledging these calls and collaborating with international bodies, a resolute commitment to upholding human rights principles can be demonstrated. 

To achieve progress, it is essential to adopt a comprehensive and inclusive approach. Dialogue and cooperation between all stakeholders, including the affected communities i.e. the Kashmiris, are crucial for building trust and finding sustainable solutions. The international community can play a positive role in facilitating talks between India and Pakistan and encouraging a peaceful resolution that upholds the principles of dignity, freedom, and justice for all. 

As we observe International Human Rights Day, we acknowledge the situation in Kashmir as a reminder of the persistent challenges faced by people living in conflict zones. By recognizing the historical context, comprehending the human rights violations, and encouraging open dialogue, we can work towards a future where the values of dignity, freedom, and justice are upheld for all, fostering a world where no one is left behind. It is our shared responsibility to advocate for a peaceful and equitable resolution to the Kashmir conflict, ensuring a brighter and more secure future for the region and its inhabitants. 

Sources 

The data is collected from different International Organizations like the United Nations, Amnesty International, and Human Right Watch.  

https://www.hrw.org/world-report/2023/country-chapters/india
https://www.amnesty.org/en/wp-content/uploads/2021/06/asa200021995en.pdf

https://www.ohchr.org/Documents/Countries/IN/KashmirUpdateReport_8July2019.pdf

About Writer 

The Writer Aleena Zafar has recently completed her MPhil in Strategic Studied and is a Human Right Activist 

 Photo: (AP Photo/Dar Yasin)

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