Indian Soldier: A Man Without Human Right



Indian Soldier: A Man Without Human Right

Zeid Ra’ad Al Hussein, UN High Commissioner on Thursday proposed a first of its kind report on the abuse of Human Rights in the Jammu & Kashmir region, which according to him, is being caused by the “excessive force” acting in the line of control region. In the 49 Page report titled, Report on the Situation of Human Rights in Kashmir: Developments in the Indian State of Jammu and Kashmir from June 2016 to April 2018, and General Human Rights Concerns in Azad Jammu and Kashmir and Gilgit-Baltistan”, he called the “chronic impunity for violations committed by security forces” and said that the political nature of the conflict had masked the “untold suffering” of millions of people.

The main focus of the 49-page report is the use of reported “excessive force” by soldiers in the Indian state of Jammu and Kashmir, although it also examines a range of rights violations in Pakistan-Administered Kashmir.

In Indian-Administered Kashmir, the report details how large demonstrations erupted in Jammu and Kashmir two years ago after Indian security forces killed the leader of an armed group.

Stated in the Report

Some of the heads stated under the report are - “Lack of access to justice and impunity”, “Military courts and tribunals impeding access to justice”, “Administrative detention”, “Excessive use of force”, “Killings perpetrated in 2018”, “Use of pellet-firing shotgun”, “Arbitrary arrests and detention including of children”, “Torture”,  “Enforced disappearances”, “Violations of the right to health“, “Restrictions on the right to freedom of expression”, “Reprisals” against human rights defenders and restrictions on journalists”, “Violations of the right to education” and “Sexual violence”.

It notes how “excessive force” led to the deaths of an estimated 145 civilians from mid-2016 to April this year. The report calls for recheck of the Armed Forces (Jammu & Kashmir) Special Power Act, stating that it is completely arbitrary and has resulted in the complete death of legal redress in the J& K region.

Any resolution of the political situation in Pakistan-administered Kashmir and Indian-administered Kashmir “must entail a commitment to end the cycles of violence and ensure accountability for past and current abuses by all parties”, Zeid said.

India Responds

India has upfrontally rejected the UN High Commissioner’s Report. “India rejects the report. It is fallacious, tendentious and motivated,” external affairs ministry spokesperson Raveesh Kumar said, questioning the intent behind the publication of such a report, which he described as a selective “compilation of largely unverified information”.“It is overtly prejudiced and seeks to build a false narrative,” he said, adding that it violated “India’s sovereignty and territorial integrity.”

“Pakistan is in illegal and forcible occupation of a part of the Indian state through aggression. We have repeatedly called upon Pakistan to vacate the occupied territories. The incorrect description of Indian Territory in the report is mischievous, misleading and unacceptable. There are no entities such as “Azad Jammu and Kashmir” and “Gilgit-Baltistan,” the spokesperson said.

Author’s Take

One of the easiest things in the world and a much prevalent move in India is to sit in an air conditioned room, surrounded by every single amenity and condemn the Armed forces working day and night so that the person condemning him and other citizens can live peacefully. Mr. Zeid is certainly one of those, although he is no citizen of India.

Indian political parties such as National Conference, INC and CPI weren’t already criticizing the army enough that now we have a foreign diplomat criticizing them as well. More than this report, people responsible for this image of Indian Army in J& K region, are political parties and a bunch of “Liberal & Secular” journalists, who only show the infliction of injury upon the J&K people and not the army personals.

Ayub Pandit, a senior officer in the J&K Police, was lynched outside a Mosque and his dead body was stripped naked on the streets, while he was just pursuing his duty as a policemen. But this is everyday schedule of the forces in Kashmir so not a Human Right violation.

Earlier a photo went viral, thanks to the “liberal” mainstream media, where an army vehicle runs over a stone-pelter, and it then became a violation of Human Rights. Obviously, the Twitter was flooded with tweets. Later in a detailed video and interview of army personals in the vehicle, it was observed that they were surrounded by 300-400 stone-pelters, trying to turn the vehicle upside down and they almost got successful in grabbing arm of one of the senior officers, leaving no option for the army people but to get out of there as fast as they could. But this is everyday schedule of the forces in Kashmir so not a Human Right violation.

Aurangzeb, the Rifleman of the army, posted in Pulwama Sector of J& K Region was abducted and then brutally mutinied because he was involved in the encounter of a terrorist. The terrorists disfigured his face and launched the video as well. But this is everyday schedule of the forces in Kashmir so not a Human Right violation.

And so I believe, Mr. Zeid didn’t find it necessary to include these events in his reports.

A Change of Attitude

Indian soldiers in J&K have always been subject to abuse by the separatists and their supporters in Kashmir, political parties have used them to their advantages and have even maligned them (a political leader once called the Army Chief as “Roadside Criminal”) and the “intellectuals”, “Seculars” & “Liberals” have never failed to cast a doubt on their character and question every single move of theirs. If such is scenario within the country, what else can be expected from foreigners?

This report from the UN High Commission, is a wakeup call for each and every one of those who have always portrayed Indian Army under exclamations and question mark.

A Soldier never complains, “Service before self” is his motto and he is the reason for your peaceful lives. All he demands is support from his countrymen. You might prefer different political parties, political parties differ in opinion, a constructive criticism is always welcomed but at least we can pledge one thing that is never to question the credibility of the Man, who selflessly works day and night to insure we are safe. If we can’t even do this much, are we even fit enough to be Indian?

(Disclaimer: The information provided in this article is given only to provide helpful information and understanding on the subject/topic of law discussed. The contents of this article are not the views of Amie Legal and Amie Legal does not take any responsibility or liability for the opinions expressed by the Author herein.)

Armed Forces (Jammu & Kashmir) Special Power Act
Human Rights
Indian air Force (IAF)
Indian Army
Indian Navy
Jammu and Kashmir
National Human Rights Commission (NHRC)

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