Human Rights Violations in Jammu and Kashmir:
By Dr. Shagufta Ashraf
The Kashmir conflict, which has been ongoing for over 70 years, remains one of the most complex territorial disputes in the world. At its core, the conflict revolves around the Kashmiri people’s fight for self-determination—a right that is central to international law, particularly under the United Nations Charter. The situation in Jammu and Kashmir, which is currently administered by India, raises significant concerns about human rights violations, as the Kashmiri population continues to endure oppression and systemic abuse.
This article explores the human rights violations in Jammu and Kashmir within the context of the UN Charter, with a focus on the Kashmiri people’s right to self-determination, freedom from oppression, and protection from discriminatory practices. These violations are assessed against key provisions of the UN Charter, which emphasizes the right to self-determination and the protection of human rights.
The Right to Self-Determination Under the UN Charter:
One of the foundational principles of the United Nations Charter is the right to self-determination. This right is enshrined in Articles 1(2) and 55, which assert that all peoples have the inherent right to determine their political status and freely pursue their economic, social, and cultural development.
Article 1(2) of the UN Charter states:
“To develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples…”
This establishes that all people, no matter where they live, have the right to choose their own political structure. Similarly, Article 55 emphasizes the UN’s commitment to promoting social progress and improving living standards by respecting the self-determination of all peoples.
The UN’s position on Kashmir’s self-determination is reflected in several resolutions from the UN Security Council and the UN General Assembly, which call for a plebiscite so that the people of Kashmir can decide their future. However, these efforts have been blocked and delayed due to the geopolitical interests of India and other global powers. This ongoing denial of the Kashmiri people’s right to self-determination is a clear violation of the principles outlined in the UN Charter.
Systemic Human Rights Violations:
The human rights situation in Indian-administered Jammu and Kashmir has garnered widespread international concern, with reports of grave violations that include extrajudicial killings, enforced disappearances, arbitrary detentions, torture, and sexual violence. These abuses have intensified since the Indian government revoked Article 370 in 2019, which granted Jammu and Kashmir special autonomy. These violations not only infringe upon the basic rights of the Kashmiri population but also contradict numerous provisions of the UN Charter and international human rights law.
1. Right to Life and Protection from Arbitrary Detention (Article 3 of the Universal Declaration of Human Rights)
The right to life is guaranteed by Article 3 of the Universal Declaration of Human Rights (UDHR), and it is one of the most fundamental human rights. However, the excessive use of force by Indian security forces in Jammu and Kashmir has led to thousands of deaths, many of which are extrajudicial. The Armed Forces (Special Powers) Act (AFSPA) grants immunity to security personnel for actions carried out during operations, which has led to widespread abuses. Human rights organizations such as Amnesty International and Human Rights Watch have condemned this law for enabling arbitrary killings and extrajudicial executions.
Additionally, the Public Safety Act (PSA) allows for arbitrary detention without trial, often for extended periods. This practice not only violates international human rights standards but also deepens the sense of fear and injustice among the Kashmiri people.
2. Torture and Inhumane Treatment (Article 5 of the UDHR)
Torture, cruel, inhuman, or degrading treatment is strictly prohibited under Article 5 of the UDHR. Yet, reports of torture by Indian security forces in Jammu and Kashmir remain widespread. Activists, political leaders, and ordinary civilians who speak out or demand greater autonomy have been subjected to physical abuse, psychological torment, and sexual violence. The Convention Against Torture, to which India is a signatory, is frequently violated in Kashmir, with documented cases of detainees being subjected to beatings, electric shocks, and other forms of torture.
3. Freedom of Expression and Assembly (Article 19 of the UDHR)
Article 19 of the UDHR guarantees everyone the right to freely express their opinions and to peacefully assemble. However, in Jammu and Kashmir, these rights are routinely suppressed. Curfews, internet blackouts, and restrictions on public protests have become common tools used by the Indian government to stifle dissent. The targeting of journalists and political leaders further undermines freedom of expression. In 2019, after the revocation of Article 370, one of the longest internet shutdowns in history was imposed in Kashmir, severely restricting the flow of information and preventing the local population from voicing their concerns.
4. Discrimination and Minority Rights (Article 2 of the UDHR)
Article 2 of the UDHR ensures that all people are entitled to their rights without discrimination. However, policies such as the dilution of Article 35A, which protected the special rights of Kashmiri residents, have fueled concerns about the erosion of Kashmir’s cultural and political identity. These changes are seen as discriminatory by many Kashmiris, further alienating them from the Indian state. The UN Committee on the Elimination of Racial Discrimination (CERD) has raised alarms over potential violations of the rights of Kashmir’s indigenous population due to these demographic shifts.
India’s Compliance with UN Resolutions:
India’s actions in Kashmir are in direct contradiction to several UN Security Council Resolutions, particularly Resolution 47 (1948), which calls for a plebiscite allowing the people of Kashmir to decide their future. Despite repeated international calls for a peaceful resolution, India has consistently rejected external intervention, maintaining that Kashmir is an integral part of India. This position disregards the internationally recognized right of the Kashmiri people to determine their own political status.
The UN Declaration on the Granting of Independence to Colonial Countries and Peoples (1960) affirms that all peoples have the right to self-determination. Despite this, the Kashmiri people have been denied this basic right for decades by the Indian government.
Conclusion
The ongoing human rights violations in Jammu and Kashmir, particularly in the context of the region’s struggle for self-determination, represent a serious violation of the principles outlined in the United Nations Charter. The Kashmiri people’s denial of their right to self-determination, combined with the systematic violations of their basic human rights, demands urgent international attention. The international community must continue to advocate for accountability, support peace efforts, and ensure that the rights of the Kashmiri people are respected by international law.