Ramanisblog

Tag: JAMMU KASHMIR

  • Article 370 Text and The Unknown Background

    The new Government led by Narendra Modi is caught in a controversy over the remark of a Minister that Article 370 of the Constitution of India will be

     

    scrapped.

     

    Mehbooba Mufti on Article 370.Image.jpg.
    Mehbooba Mufti on Article 370.

     

    The Article ostensibly grants special status to  Jammu and Kashmir,India.

     

    Or is it?

     

    Omar Abdulla the hereditary Chief Minister of Jammu and Kashmir(His father, Grand father, reported to be a step brother of Jawaharlal Nehru) have b

     

    been Chief Ministers) tweeted .

     

    ‘ Come clean on Article 370’

     

    Let us seen what is ‘unclean’ in repealing this Act?

     

    Many may not aware of the Full Text of this act.

     

    The Text of Article 370 of The Constitution of India, granting Special Powers to Jammu and Kashmir.

     

    370. Temporary provisions with respect to the State of Jammu and Kashmir.

    (1) Notwithstanding anything contained in this Constitution,—

    (a) the provisions of article 238 shall not apply now in relation to the state of Jammu and Kashmir;
    (b) the power of Parliament to make laws for the said state shall be limited to—

    (i) those matters in the Union List and the Concurrent List which, in consultation with the Government of the State, are declared by the President to correspond to matters specified in the Instrument of Accession governing the accession of the State to theDominion of India as the matters with respect to which the Dominion Legislature may make laws for that State; and
    (ii) such other matters in the said Lists as, with the concurrence of the Government of the State, the President may by order specify.

    Explanation: For the purpose of this article, the Government of the State means the person for the time being recognized by the President on the recommendation of the Legislative Assembly of the State as the Sadr-i-Riyasat (now Governor) of Jammu and Kashmir, acting on the advice of the Council of Ministers of the State for the time being in office.[1][a]

    (c) the provisions of article 1 and of this article shall apply in relation to that State;
    (d) such of the other provisions of this Constitution shall apply in relation to that State subject to such exceptions and modifications as the President may by order specify:
    Provided that no such order which relates to the matters specified in the Instrument of Accession of the State referred to in paragraph (i) of sub-clause (b) shall be issued except in consultation with the Government of the State:
    Provided further that no such order which relates to matters other than those referred to in the last preceding proviso shall be issued except with the concurrence of that Government.

    (2) If the concurrence of the Government of the State referred to in paragraph (ii) of sub-clause (b) of clause (1) or in the second proviso to sub-clause (d) of that clause be given before the Constituent Assembly for the purpose of framing the Constitution of the State is convened, it shall be placed before such Assembly for such decision as it may take thereon.

    (3) Notwithstanding anything in the foregoing provisions of this article, the President may, by public notification, declare that this article shall cease to be operative or shall be operative only with such exceptions and modifications and from such date as he may specify:
    Provided that the recommendation of the Constituent Assembly of the State referred to in clause (2) shall be necessary before the President issues such a notification.[2]

     

    ”

    Jawahar Lal Nehru The handsome Harrow educated aristocrat who gave up a life of luxury to join the freedom movement. Babu’s choose heir and darling of the masses, he had a fatal flaw. He cared for personalities rather than issues and institutions, be it selection of Lord Mountbatten as the first Governor General of free India, retaining a senior British officer as the Commander-in-Chief of India Army or backing Sheikh Abdullah to the hilt – his choices were unfortunate. Finally the Chinese aggression of 1962 shattered his image of a world statesman.

    Sardar Patel The Iron Man of India — silent, strong and pragmatic with a complete hold on congress party organization — rightly credited with creating a unified India by integrating 565 princely states in it — he would have included Kashmir also in it if allowed to do so by Nehru. The only blot on him was the insinuation that he failed to protect his beloved Bapu. The slur only hastened his end in Dec 1950.

    Nehru’s promise that Article 370 was a temporary provision and will get eroded over a period of time has turned out to be a chimera.

    Sheikh Mohammed Abdullah Charismatic Kashmiri leader who never let go of his dream of ruling an independent Kashmir even while masquerading as a secularist — architect of Article 370 along with Nehru. He must share with Nehru the grave consequences. Lion of Kashmir brought Nehru under his spell from 1938 onwards to the extent that in May 1947 when he was arrested by the Maharaja for sedition, Nehru represented Sheikh as his lawyer and was even arrested in Jun 1947 by the Maharaja while trying to enter J&K. Finally Nehru had to eat the humble pie by arresting Sheikh Abdullah for sedition on 9 Aug 1953.

    Maharaja Hari Singh The Maharaja saw an opportunity at the end of British Raj to keep Kashmir as the Switzerland of the East. Trying to repeat history when his ancestors – Maharaja Gulab Singh and Ranbir Singh gained handsome dividends by keeping aloof during the Sikh War and Great Mutiny, Hari Singh tried to sign a standstill Agreement with India and Pak at the time of independence, Pakistan signed, India declined. Maharaja died a lonely man, forced to abdicate and exiled from his beloved land.

    The Drama Unfolds

    Having finalized the text of Article 370 with Sheikh Abdullah, Nehru brought in Gopalaswamy Ayyangar, IAS, as a minister without portfolio to help him deal with Kashmir portfolio and plead the case of Article 370 in the Constituent Assembly. Gopalaswamy Ayyangar had been prime minister of Kashmir for six years with Maharaja Hari Singh. When Sardar Patel expressed his misgivings, this is what Nehru had to say on Dec 27, 1947.

    “Gopalaswamy Ayyangar has been especially asked to help in Kashmir matters. Both for this reason and because of his intimate knowledge and experience of Kashmir, he had to be given full latitude. I really do not know where the States Ministry (Sardar Patel’s ministry) comes into the picture except that it should be kept informed for the steps taken. All this was done at my instance and I do not propose to abdicate my functions in regard to matters for which I consider myself responsible. May I say that the manner of approach to Gopalaswamy was hardly in keeping with the courtesy due to a colleague.”

    It speaks volumes of Patel’s loyalty to a colleague that despite his own and others misgivings, he managed to convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said “Jawaharlal Royega”.

    The Sardar thereupon resigned and the matter fell in Gandhiji’s lap to bring the two colleagues together. During this period, V Shankar, IAS was the personal secretary to Patel and had maintained a record of all events. It is clear from these records that Nehru finalized the draft of Article 370 alongwith Sheikh Abdullah without even informing Patel. Thereafter it fell to Gopalaswamy Ayyangar to get the draft passed in the Constituent Assembly discussions. The proposal was torn to pieces by the Constituent Assembly and also Congress Party Executive.

    Nehru, who was abroad at the time, swallowed his pride and rang up Patel and requested him to get the Article 370 approved It speaks volumes of Patel’s loyalty to a colleague that despite his own and others misgivings, he managed to convince the members of Constituent Assembly and Congress Party Executive. But to V Shankar he said “Jawaharlal Royega”. V Shankar, in his record has described the meeting of the Congress Executive Committee “The meeting was one of the stormiest I have ever witnessed barring the party meeting which discussed the proposition relating to Rajaji becoming the first President of Indian Republic. The opinion in opposition to Gopalaswamy’s formula was forcefully and even militantly expressed and the issue even brought in the sovereignty of the Constituent Assembly to draw up the Constitution without being tied down to the apron-strings of the Kashmir State Constituent Assembly. In such a situation even Maulana Azad was shouted down.

    The Party was in uproar. The Sardar had to plead that because of the international complications, a provisional approach alone could be made leaving the question of final relationship to be worked out according to the exigencies of the situation and mutual feelings and confidence that would have been by then created. Once the Sardar had taken charge, all opposition to the draft was silenced” And how Nehru responded to this great act of loyalty on part of Sardar? On 24 July 1952, after Sardar was no more, Nehru made a detailed statement on Kashmir in the Parliament on slow integration of Kashmir into India Union and mentioned that “Sardar Patel was all the time dealing with these matters.” Even Gopalaswami Ayyangar was dismayed at this blatant lie and mentioned to V Shankar “It is an ill return to the Sardar for the magnanimity he had shown in accepting Panditji’s point of view against his better judgment.”

    Consequences of Article 370

    Article 370 has been the biggest impediment to integration of J&K State into Indian Union. That it was incorporated in the Indian Constitution by the machination of two individuals – Shiekh Abdullah and Nehru is all the more regrettable. Nehru had to eat the humble pie when he had to arrest the Sheikh for his divisive and anti national stance on 8 Aug 1953 but he did not let go of his concept of keeping J&K a separate entity. In 1957, some top leaders of National Conference led by Mr Qasim split the party and formed a group called Democratic National Conference (DNC).

    Article 370, included in the Constitution on a temporary provision should have been gradually abrogated. This has not happened in sixty years.

    It had abrogation of Article 370 on its agenda. Nehru would not brook any opposition to his policy of keeping J&K a separate entity. He told the leaders that a new threat (China) is emerging and it is an inopportune time to raise this issue and forced them to drop their demand. Nehru thereafter decided to withdraw the Kashmir conspiracy case against Sheikh Abdullah. This case had been going on since May 21, 1958. The formal orders however were issued by Govt of India on 8 April 1964.

    It is often forgotten that J&K state is not a homogeneous entity. Apart from Valley Muslims, Jammu has a predominantly Hindu population while Ladakh has a mix of Buddhist and Muslims. Then you have the Gujjars & Bakarwals. Why is Article 370 detrimental to the full integration of J&K state into Indian Union. Firstly the Central Govt can make laws only with concurrence of the State govt, practically giving it the Veto power. Article 352 and 360 for declaration of national and financial emergency respectively cannot be applied in Kashmir. While a citizen of India has only Indian citizenship, J&K citizens have two citizenships. Anti Defection Law is not applicable to J&K. No outsider can buy property in J&K state.

    The beneficial laws such as Wealth Tax, Gift Tax & Urban Land Ceiling Act and intermarriage with other Indian nationals do not operate in J&K State. Even Article 356 under which President of India can impose his rule in any state cannot be enforced in J&K without consent of the Governor who himself is an appointee of the President. State of J&K can refuse building of any cantonment on any site or refuse to allot land for defence purposes.

    Article 370, included in the Constitution on a temporary provision should have been gradually abrogated. This has not happened in sixty years. In fact whenever someone mentions this, vested interests raise an outcry that legitimate rights of Kashmiris are being trampled upon. Stated agenda of National Conference is return to pre 1953 status. Why should a state of Indian Union have a special status? It conveys a wrong signal not only to Kashmiris but also to the separatists, Pakistan and indeed the international community that J&K is still to become integral part of India, the sooner Article 370 is done away is better.

     

     

    Citation.

     

    Text of the Act from wiki.

    Article 370 The Untold Story.

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  • Parliament Attacker Afzal Guru On His Life ,Mission

    I am posting the article by the Executive Editor of The Caravan magazine:  He conducted this interview when he was the India reporter for the US public radio, Pacifica.

    Afzal Guru, who attacked Indian Parliament.
    Afzal Guru, who attacked Indian Parliament.

    One may notice that he has no Historical information on the issue of Jammu and Kashmir, nor the Political ambition of Pakistan nor has he any regrets.

    Worse still, he does seem to talk of Freedom but seems unclear as what it means to whom or what it entails to the families of those he killed.

    The people who mastermind pick people who absolute have no knowledge of the subject.

    All the more reason that facts of Kashmir issue has to be simplified and spread among the people.

    I have posted a couple of articles in a simple form

    Story:

    The Afzal Guru Interview.

    Posted On Sunday, February 10, 2013 , Mumbai Mirror cover story

    A rusted table, and behind it, a well-built man in uniform holding a spoon in his hand. Visitors, all of them looked habituated to the procedure, queued up to open their plastic bags containing food, allowing it to be smelled, sometimes even tasted. The security man’s spoon swam through curries thick with floating grease – malai kofta, shahi paneer, aalu baingan, and mixed vegetables.

    As the visitors opened tiny bags of curries, the spoon separated each piece of vegetable from the other mechanically. After ‘frisking’ the food of a middle-aged woman, the spoon was dipped in water in a steel bowl nearby. It then moved to the plastic bags of the next person in the queue, a boy in his early teens.

    By this time, the water in the steel bowl had acquired all kinds of colours, the floating oil setting off rainbow hues in the light of the winter afternoon.

    Around 4.30 pm, it was my turn. The man left the spoon on the table and frisked my body, top to bottom, thrice, thoroughly. When the metal detector made a noise, I had to remove my belt, steel watch, and keys.

    The man on duty bearing the badge of the Tamil Nadu Special Police (TSP) looked satisfied. I was allowed to enter now. This was the fourth security drill I had to go through to get into the High Risk Ward of Prison No. 3 in Tihar Central Prison. I was on my way to meet Mohammad Afzal, one of the most talked about men in contemporary times.

    I entered a room with many tiny cubicles. Visitors and inmates were separated by a thick glass and iron grills. They were connected through microphones and speakers fixed on the wall. But the audibility was poor, and people on either sides of the glass strained their ears, touching them to the wall to listen to each other. Mohammad Afzal was already at the other side of the cubicle.

    His face gave me an impression of unfathomable dignity and calmness. He was a slight, short man in his mid-thirties, wearing a white kurta-pyjama, with a Reynolds pen in his pocket. A very clear voice welcomed me with the utmost politeness.

    “How are you, sir?”

    I said I was fine. Was I to return the same question to a man on deathrow? I was apprehensive for a second, but I did. “Very fine. Thank you sir,” he answered with warmth. The conversation went on for close to an hour, and continued a fortnight later with a second mulakat. Both of us were in a hurry to answer and ask whatever we could in the time we had. I continuously scribbled in my tiny pocket book. He seemed to be a person who wanted to say a lot of things to the world. But he often reiterated his helplessness to reach people from the current stature of ‘condemned for life’. Excerpts of the interview.

    There are so many contradicting images of Afzal. Which Afzal am I meeting? Is it? But as far as I’m concerned there is only one Afzal. That is me. Who is that Afzal?

    (A moment’s silence.)

    Afzal is a young, enthusiastic, intelligent, idealistic young man. Afzal, a Kashmiri influenced, like many thousands in the Kashmir Valley, in the political climate of early 1990s.

    Who was a JKLF member and crossed over to the other side of Kashmir, but in a matter of weeks got disillusioned and came back and tried to live a normal life, but was never allowed to do so by the security agencies, who inordinate times picked me up, tortured the pulp out of me, electrocuted me, dipped in petrol, smoked in chillies you name it.

    And falsely implicated in a case, with no lawyer, no fair trial, finally condemned to death. The lies the police told was propagated by you in the media. And that perhaps created what the Supreme Court referred to as “collective conscience of the nation”. And to satisfy that “collective conscience”, I’m condemned to death. That is the Mohammad Afzal you are meeting.

    (After a moment’s silence, he continued.)

    But I wonder whether the outside world knows anything about this.

    Can we begin with your life? Your life before the case…

    It was a turbulent political period in Kashmir when I was growing up. Maqbool Bhatt was hanged. The situation was volatile. The people of Kashmir decided to fight an electoral battle once again to resolve the Kashmir issue through peaceful means. Muslim United Front (MUF) was formed to represent the sentiments of Kashmiri Muslims for the final settlement of the Kashmir issue.

    Administration at Delhi was alarmed by the kind of support that MUF was gaining, and in the consequence, we saw rigging in the election on an unprecedented scale.

    And the leaders who took part in the election and won by a huge majority were arrested, humiliated and put behind bars. It is only after this that the same leaders gave the call for armed resistance. In response, thousands of youth took to armed revolt. I dropped out from my MBBS studies in Jhelum Valley Medical College, Srinagar.

    I was also one of those who crossed to the other side of Kashmir as a JKLF member, but was disillusioned after seeing Pakistani politicians acting the same as the Indian politicians in dealing with Kashmiris.

    I returned after few weeks. I surrendered to the security forces, and you know, I was even given a BSF certificate as a surrendered militant. I began to start life anew. I could not become a doctor but I became a dealer of medicines and surgical instruments on commission basis. (Laughs.)

    With the meagre income, I even bought a scooter and also got married. But never a day passed by without the scare of Rashtriya Rifles and STF men harassing me. If there was a militant attack somewhere in Kashmir, they would round up civilians, torture them to pulp. The situation was even worse for a surrendered militant like me. They detained us for several weeks, and threatened to implicate us in false cases and we were let free only if we paid huge bribes…

    Once, I had to bribe the security men with all that I had to escape from the Humhama STF torture camp. DSP Vinay Gupta and DSP Davinder Singh supervised the torture. One of their torture experts, Inspector Shanti Singh, electrocuted me for three hours until I agreed to pay Rs 1 lakh as bribe. My wife sold her jewelry and for the remaining amount, they sold my scooter.

    I left the camp broken, both financially and mentally. For six months I could not go outside home because my body was in such a bad shape. I could not even share the bed with my wife as my penile organ had been electrocuted. I had to take medical treatment to regain potency…

    If you could come to the case, what were the incidents that led to the Parliament attack case?

    After all the lessons I learned in STF camps, which is either you and your family members get harassed constantly for resisting, or cooperate with the STF blindly, I had hardly any options left, when DSP Davinder Singh asked me to do a small job for him. That is what he told, “a small job”. He told me that I had to take one man to Delhi.

    I was supposed to find a rented house for him in Delhi. I was seeing the man first time, but since he did not speak Kashmiri, I suspected he was an outsider. He told his name was Mohammad (Mohammad is identified by the police as the man who led the five gunmen who attacked Parliament. All of them were killed by the security men in the attack).

    When we were in Delhi, Mohammad and I used to get phone calls from Davinder Singh. I had also noticed that Mohammad used to visit many people in Delhi. After he purchased a car, he told me now I could go back and gave me Rs 35,000 saying it was a gift. And I left for Kashmir for Eid.

    When I was about to leave to Sopore from Srinagar bus stand, I was arrested and taken to Parimpora police station. They tortured me and took me to STF headquarters, and from there brought me to Delhi.

    In the torture chamber of the Delhi Police Special Cell, I told them everything I knew about Mohammad. But they insisted that I should say that my cousin Showkat, his wife Navjot, S A R Geelani and I were the people behind the Parliament attack.

    They wanted me to say this convincingly in front of the media. I resisted. But I had no option than to yield when they told me my family was in their custody and threatened to kill them. I was made to sign many blank pages and was forced to talk to the media and claim responsibility for the attack by repeating what the police told me to say…

    Rajbeer Singh allowed me to talk to my wife the next day. After the call, he told me if I wanted to see them alive I had to cooperate. Accepting the charges was the only option in front of me if I wanted to see my family alive, and the Special Cell officers promised they would make my case weak so I would be released after sometime. Then they took me to various places and showed me the markets where Mohammad had purchased different things. Thus they made the evidence for the case.

    The police made me a scapegoat in order to mask their failure to find the mastermind of the Parliament attack. They have fooled the people. People still don’t know whose idea it was to attack Parliament. I was entrapped into the case by Special Task Force (STF) of Kashmir and implicated by the Delhi Police Special Cell.

    The media constantly played the tape. The police officers received awards. And I was condemned to death.

    Why didn’t you find legal defence?

    I had no one to turn to. I did not even see my family until six months into the trial. And when I saw them, it was only for a short time in the Patiala House Court. There was no one to arrange a lawyer for me. As legal aid is a fundamental right in this country, I named four lawyers whom I wished to have defended me. But the judge, SN Dhingra, said all four refused to do the case.

    The lawyer whom the court chose for me began by admitting some of the most crucial documents without even asking me what the truth of the matter was. She was not doing the job properly, and finally she moved to defend another fellow accused. Then the Court appointed an amicus curie, not to defend me, but to assist court in the matter. He never met me. And he was very hostile and communal. That is my case, completely unrepresented at the crucial trial stage.

    What is the condition in jail?

    I’m lodged in solitary confinement in the high risk cell. I’m taken out from my cell only for a short period during noon. No radio, no television. Even the newspaper I subscribe to reaches me torn. If there is a news item about me, they tear that portion apart and give me the rest.

    Apart from the uncertainty about your future, what else concerns you the most?

    …Global developments. I took to the news of the execution of Saddam Hussain with utmost sadness. Injustice, so openly and shamelessly done. Iraq, the land of Mesopotamia, the world’s richest civilisation, that taught us mathematics, to use a 60-minute clock, 24-hour day, 360-degree circle, is thrashed to dust by the Americans…

    Which books are you reading now?

    I finished reading Arundhati Roy. Now I’m reading Sartre’s work on existentialism. You see, it is a poor library in the jail. So I will have to request the visiting Society for the Protection of Detainees and Prisoners Rights (SPDPR) members for books.

    There is a campaign in defence for you…

    I am really moved and obliged by the thousands of people who came forward saying injustice is done to me. The lawyers, students, writers, intellectuals, and all those people are doing something great by speaking against injustice. The situation was such at the beginning, in 2001, and initial days of the case that it was impossible for justice-loving people to come forward.

    When the High Court acquitted SAR Geelani, people started questioning the police theory. And when more and more people became aware of the case details and facts and started seeing things beyond the lies, they began speaking up.

    Members of your family have conflicting opinions on your case?

    My wife has been consistently saying that I was wrongly framed. She has seen how the STF tortured me and did not allow me to live a normal life. She also knew how they implicated me in the case. She wants me to see our son, Ghalib, growing up. I have also an elder brother who apparently is speaking against me under duress from the STF. It is unfortunate what he does, that’s what I can say.

    See, it is a reality in Kashmir now, what you call the counter insurgency operations take any dirty shape – that they field brother against brother, neighbour against neighbour. You are breaking a society with your dirty tricks.

    What comes to your mind when you think of your wife, Tabassum, and son, Ghalib?

    This year is the tenth anniversary of our wedding. Over half that period I spent in jail. And prior to that, many a time I was detained and tortured by Indian security forces in Kashmir. Tabassum witnessed both my physical and mental wounds. Many times I returned from the torture camp, unable to stand, all kinds of torture… She gave me hope to live. We did not have a day of peaceful living. It is the story of many Kashmiri couples…

    What do you want him to grow up as?

    Professionally, if you are asking, a doctor. Because that is my incomplete dream. But most importantly, I want  him to grow without fear. I want him to speak against injustice. That I am sure he will be. Who else knows the story of injustice better than my wife and son?

    (While Afzal continued talking about his wife and son, I could not help but recollect what Tabassum told me when I met her outside the Supreme Court in 2005, during the case’s appeal stage. While Afzal’s family members remained in Kashmir, Tabassum dared to come to Delhi with her son, Ghalib, to organise defence for Afzal.

    Outside the Supreme Court New Lawyers chamber, at the tiny tea stall on the roadside, she chatted in detail about Afzal. While sipping and complaining about the excess sugar in the tea, she talked about how Afzal enjoyed cooking.

    One picture she painted struck me. It was one of the few precious private moments in their lives: when Afzal would not allow her to enter the kitchen, but would make her sit on the chair nearby and he would cook, holding a book in one hand, a ladle in the other and read out stories for her.)

    If I may ask you about the Kashmir issue, how do you think it can be solved?

    First, let the government be sincere to the people of Kashmir. And let them initiate talk with the real representatives of Kashmir. Trust me, the real representatives of Kashmir can solve the problem. But if the government considers the peace process as a tactic of counter insurgency, then the issue is not going to be solved. It is time some sincerity is shown.

    Who are the real people?

    Find out from the sentiments of the people of Kashmir. I am not going to name x, y or z. And I have an appeal to the Indian media; stop acting as a propaganda tool. Let them report the truth. With their smartly worded and politically loaded news reports, they distort facts, make incomplete reports, build hardliners, terrorists et al. They easily fall for the games of the intelligence agencies…

    Also, you tell me how are you going to develop real trust among Kashmiris when you send out the message that India has a justice system that hangs people without giving them a lawyer, without a fair trial?

    Nine security men were killed in the Parliament attack. What is it that you have to tell their relatives?

    In fact, I share the pain of the family members who lost their dear ones in the attack. But I feel sad that they are misled to believe that hanging an innocent person like me would satisfy them. They are used as pawns in a completely distorted cause of nationalism…

    (An ear-splitting electric bell rang. I could hear hurried conversations from the neighbouring cubicles. This was my last question to Afzal.)

    What do you want to be known as?

    (He thought for a minute, and answered)

    As Afzal, as Mohammad Afzal. I am Afzal for Kashmiris, and I am Afzal for Indians as well, but the two groups have an entirely conflicting perception of my being. I would naturally trust the judgment of Kashmiri people, not only because I am one among them, but also because they are well aware of the reality I have been through, and they cannot be misled into believing any distorted version of either a history or an incident.

    I was confused by this last statement of Mohammad Afzal, but on further reflection, I began to understand what he meant. This was a time before clear accounts of the strife had begun to emerge from Kashmiri voices; the source of knowledge on Kashmir for most Indians were textbooks and media reports. To hear about the history of Kashmir and incidents in the state from a Kashmiri was usually a shock to most Indians – as it was to me as I listened to Afzal.

    Two more bells. It was time to end the mulakat. But people were still busy conversing. The microphone was put off. The sounds from the speaker stopped. But if you strained your ear, and watched his lip movements, you could still hear him. The guards made rough round-ups, asking everyone to leave. As they found visitors reluctant to leave, they put the lights off. The mulakat room turned dark.

    In the long walk out from Jail No 3 of the Tihar jail compound to the main road, I found myself in the company of people in clusters of twos and threes, moving out silently – mother, wife and daughter; or brother, sister and wife; or friend and brother; or someone else. Every cluster had two things in common.

    They carried an empty cotton bag back with them. Those bags had stains of malai kofta, shahi paneer and mixed vegetables, many caused by the spills from the rash frisking of the TSP man’s spoon. The second thing in common, I observed, was that they all wore inexpensive winter clothes, torn shoes, and outside Gate No 3 they waited for Bus No 588, the Tilak Nagar-Jawaharlal Nehru Stadium bus, that perhaps took them to Dhaula Kuan main junction – they were the poor citizens of this country.

    I remembered former president Abdul Kalam’s musing on how poor people were the awardees of capital punishments. My interviewee was also one. When I had asked him how many ‘tokens’ (the form of currency allowed in the jail) he had, he said “enough to survive”.

    The writer, now the Executive Editor of The Caravan magazine conducted this interview when he was the India reporter for the US public radio, Pacifica

    ► DSP Davinder Singh asked me to do a small job for him. I had to take one man to Delhi, rent a house for him

    ► I am Afzal for Kashmiris, and I am Afzal for Indians as well, but both have an entirely conflicting perception of my being.

    http://kractivist.wordpress.com/2013/02/11/a-rare-interview-of-afzal-guru-in-tihar-jail-and-i-was-condemned-to-death-deathpenalty-kashmir/

    Related;

    http://ramanisblog.in/2013/02/16/whose-is-kashmir-pakistan-indiathe-other-side/

    http://ramanisblog.in/2013/02/16/whose-kashmir-pakistans-2/

     

  • Rape By Indian Army Hides Behind AFSPA Amend

    While the country seems to heave a sigh of relief on the promulgation of an ordinance  amending rape Law in India, people do not seem to be aware of the rape by The Indian Army, especially in the North East.

    Hiding behind Army’s impunity and specially under AFSPA(Armed Forces Special Powers Act), the army never discloses authentic statistics and action take on these rape case, despite vociferous protests from the north East.

    Nor does the media cover it in detail, in fact North East News does not coveage atall unless there is incursion by the Chinese or Bangladesh!

    For them rape in Delhi is more important than that!

    AFSPA is all right.

    But what prevents the Army in being transparent on Rape issues, as though it will impinge on its and The nation’s Honor?

    Such criminals are soldiers are not soldiers.

    AFSPA must be amended to make this information and the action taken by the Army Public and The Supreme Court may take suo moto action.

    “Booker Prize winner, noted writer and social activist Arundhati Roy said that rape is like an entertainment of sort for some people of the country and rape is also considered as an entertainment material in Indian cinema. While taking part in an interaction program at the North East Book Fair which started here on Sunday, Roy said, “Since my childhood, I have been watching Tamil movies in which rape scenes are common. People enjoy watching these scenes and the directors also know the pulse of the people. For many people, rape is an entertainment.”

    Rapes in Manipur
    Rapes in Manipur
    Protest Against Rapes by Indian Army
    Protest Against Rapes by Indian Army

    “Rape takes place for different reasons. The persons behind Delhi girl rape have pathological problems which sometimes trigger criminal behaviour. But motives behind maximum of rape cases in conflict areas like Jammu & Kashmir and Manipur are different. In these States, the Indian army and the police are using rape as a weapon of domination.”

    “In North India, rape is used as means of domination by the upper caste and it is not even punished,” she said, adding, “Rape is seen as a matter of feudal entitlement in many parts of India.” Roy further said that security forces often rape women in Jammu & Kashmir and Manipur by talking the advantage of the draconian Armed Forces (Special Powers) Act (AFSPA). “Despite being well aware of the problem, the government is not doing anything to repeal AFSPA from the conflict ridden States. In the name of crushing Maoist movement, the government is planning to enforce AFSPA in Chattisgarh,” she said.

    http://kanglaonline.com/2012/12/the-indian-army-and-the-police-use-rape-as-a-weapon-of-domination-arundhati-roy/

    Over 20,000 people have been killed in the last five decades due to ongoing conflict in Manipur. Today more than 30 armed groups operate in Manipur – ranging from small outfits to organizations with several thousand members. Besides them, dozens of battalions of the Indian Army and several units of Indian paramilitary forces are stationed throughout Manipur. Manipur is one of the most conflict-ridden states in India. Women and children of Manipur suffer most in this conflict. Every year 300 widows are born in the state as a result of arm violence.

    In Manipur, violence against women is increasing. There were 269 cases of violence against women during the period between January and October of 2012 as per record published by local newspapers. The above cases include 21 rape cases, two rape and murder cases, 16 suicide cases, 7 molestation cases, 4 kidnapping cases, 56 missing cases and 78 trafficking cases. There has been a steep rise in crime against women in Manipur despite the emergence of a large number of women’s vigil groups and civil bodies and higher recruitment in the police department. There are various forms of violence against women. Violence at home – it can be physical abuse, it can verbal abuse. Then, there is violence in public places such as buses, trains where women are sexually harassed. Then we have a third form of violence where there is conflict, where there is structured conflict going on since decades. Women in Manipur face all the three types of violence. Manipur has the second highest rate in domestic violence in the country.(kanglaonline)

    “Yes, the forces are an extremely professional bunch but what can’t be denied is that the inner face of their discipline, respect and order comprises of facts which state that in 1991, about 100 women, including minors, the elderly, pregnant and disabled were allegedly raped by a 4th Rajputana Rifles Unit in Kunan poshpora, Kupwara. The centre has to give the J&K Government some powers through which a direct role can be played in the decisions which deal with the fate of not only the officer in question but also the victim who is a civilian.”(couchtripper.com)

    “The Army on Friday ordered an internal probe into allegations that its soldiers had abducted and raped a woman in Kulgam district, even as Chief Minister Omar Abdullah promised strict action against the guilty.

    The medical examination of the 32-year-old woman, who accused army personnel of abducting and raping her sparking protests in the area, has revealed no marks of torture or violence on her body, according to highly placed sources.

    They said the swabs taken from the woman have been sent for forensic laboratory in Srinagar. “If any foreign bodies are found in the swabs, the same will be subjected to DNA testing for ascertaining the identity of the bearer.”

    General Officer Commanding of the Army’s 15 Corps Lt General S A Hasnain said an internal probe has been launched into the case and strict action will be taken against the guilty but cautioned that the allegations may have been levelled to “defame the force” and disturb the peace.

    “If there is any truth in the allegation, then it is a criminal act against which strict action must be taken.

    Related articles

    Jeevan Reddy Commission to Review AFSPA.

    It must be recognised, at the same time, that the
    deployment of armed forces or para military forces of the Union
    to restore public order in any part of the territory of India, or to
    protect a State from internal disturbance is, and ought to be, an
    exception and not the rule. The deployment of armed forces for
    the said purposes should be undertaken with great care and
    circumspection. Unless it is absolutely essential for the aforesaid
    purposes, the armed forces of the Union should not be so
    deployed, since too frequent a deployment, and that too for long
    periods of time, carries with it the danger of such forces losing
    their moorings and becoming, in effect, another police force, a
    prey to all the temptations.

    http://www.hindu.com/nic/afa/afa-part-iv.pdf

  • Whose is Kashmir Pakistan India,The Other Side.

    As Indians we have been(at least I) shown only the other side of the Story.

    Patriotism not withstanding, I believe in hearing both sides of the arguments.

    The stand of India is known to us all.

    What about the Pakistani stand?

    Ina highly volatile argument it is normal fo the parties to doctor Documents that lend credibility.

    This depends on which side you are on.

    Instead of arriving at a conclusion, the parties arrive at a conclusion and try to present fact to sut their convenience.

    The following is the Pakistani argument with ‘facts’ , ‘Maps’ and ‘Documents’

    The Story:

    The Pakistan (IVC) and China. Indus Valley 5000 years ago The Pakistan China Nexus:
    The Pakistan (IVC) and China. Indus Valley 5000 years ago The Pakistan China Nexus:

    * 5000 years ago, it was Bharata Varsha, there were no British nor Pakistan!( refers to image caption)

    All agreements of British governments with either rulers or states also lapsed on 15th of August 1947. Since the state of Jammu and Kashmir was a Princely State with a special autonomous status, therefore, it can be very conveniently said, that on 15th day of August 1947, the Maharaja Sir Hari Singh was not the permissible ruler of the state of Jammu and Kashmir as all his treaties with British India lapsed on that day. Once he was not a ruler of the state, he had no right to sign the instrument of accession (if at all he signed that) with the new Indian dominion. This title to the state was granted to him by the British Government (East India Company) under the Treaty of Amritsar (Kashmir Sale deed) signed on 16 March 1846 and lapsed on the appointed day of 15th August 1947.

    The Instrument of Accession to the Union of In...
    The Instrument of Accession to the Union of India signed on 26 October 1947, and accepted the following day. (Photo credit: Wikipedia)

    The fake article of accession. Image via Wikipedia. All the dates are wrong. Notice the over-writing and the bad format.The people who were supposedly there to sign the article were not present in the same city at the time when this fake article was ostensibly signed. This article was in direct contradiction of the already existing standing agreement between the Dogra ruler and Pakistan

    * Where is the original with out overwriting?(I refer to image cation)

    The fake article of accession. Image via Wikipedia. All the dates are wrong. Notice the over-writing and the bad format.The people who were supposedly there to sign the article were not present in the same city at the time when this fake article was ostensibly signed. This article was in direct contradiction of the already existing standing agreement between the Dogra ruler and Pakistan

    Besides, on July 25, 1947 in his address to special full meetings of the Chamber of Princes held in New Delhi, Lord Mountbatten categorically told all princes of Princely States that they were practically free to join any one of dominions; India or Pakistan. He however clarified that, while acceding to any dominion they could take into account geographical contiguity and wishes of the people. In case of the State of Jammu and Kashmir, either of the above factors was favouring state’s accession to Pakistan, butMaharaja Hari Singh did not accept this basic precondition of accession.

    Indian claim that its forces landed Srinagar Airport on October 27, 1947, only after signatures on Instrument of Accession by Maharaja and theIndian government is also fallacious. Indeed, a heavy contingent of Patiala State was involved in fighting against the Kashmiri rebellions in Uri Sector on 18 October 1947, which means that they were very much inside the State’s territory much earlier than October 27, 1947.

    http://rupeenews.com/2013/02/is-delhis-claim-on-kashmir-legal/

  • Unmarked Graves,Kashmir’s Torture Trail Videos

    Kashmir’s Torture Trail [couchtripper]

     

    Kashmir’s Torture Trail – Raped By Soldiers [couchtripper]

    The issue of Human Rights by The Fundamentalists is one thing.

     

    By The Government?

    Unmarked Graves in Kashmir
    Kashmir -Unmarked Graves

     

    Media Too!

     

    One feels extremely shameful even to talk of the genocide of the Tamils in Sri Lanka.

     

    Let’s set our house in order as well.

    http://www.guardian.co.uk/world/video/2012/jul/10/kashmir-torture-trail-video

    Story:

    Indian authorities should immediately open an independent, transparent, and credible investigation into the unmarked graves discovered in Jammu and Kashmir state, Human Rights Watch said today. An inquiry by the police investigation team of the Jammu and Kashmir State Human Rights Commission (SHRC) has found 2,730 bodies dumped into unmarked graves in four of the state’s 14 districts. Thousands of Kashmiris have been forcibly disappeared during the last two decades of violence, their whereabouts unknown.

    http://www.hrw.org/news/2011/08/24/india-investigate-unmarked-graves-jammu-and-kashmir

    More than 2,000 corpses, believed to be victims of Kashmir‘s long-running insurgency, have been found buried in dozens of unmarked graves in the divided region, an Indian government human rights commission report has said.

    The graves were found in dozens of villages on the Indian side of the line of control, the de facto border that has split the former kingdom betweenIndia and Pakistan for nearly 40 years.

    “At 38 places visited in north Kashmir, there were 2,156 unidentified dead bodies buried in unmarked graves,” the inquiry found.

    Though campaigners and community leaders in Kashmir have long said such graves exist – and often provided extensive documentary evidence to back up their claims – the report is the first official statement confirming their existence.

    Released over the weekend, its publication is the result of a three-year inquiry by an 11-member team led by a senior police official.

    Up to 70,000 people died in the 22-year insurgency in Kashmir, which pitted armed separatist groups, many backed by Pakistan, against New Delhi‘s rule.

    The worst of the violence occurred during the mid-1990s when a vicious struggle pitted thousands of militants against Indian security forces supplemented by locally-hired irregulars. Human rights abuses were routine with militants intimidating local communities and killing so-called spies while Indian authorities resorted to abductions, torture and extra-judicial executions on a wide scale. The graves appear to date from this period.

    Kashmir is India’s only Muslim-majority state and the struggle rapidly took on a religious dimension. The victims in the mass graves had been buried by local communities.

    http://www.guardian.co.uk/world/2011/aug/21/kashmir-unmarked-graves-thousands-bodies