The Forum for Human Rights in Jammu and Kashmir (FHRJK) released a report addressing concerns about the ongoing militancy that poses a significant challenge in the region, as Jammu and Kashmir (J&K) finish their second year as a Union Territory. Led by former Supreme Court judge Justice Madan B. Lokur and ex-Kashmir interlocutor Radha Kumar, FHRJK functions independently to shed light on the political and social situation of the area.
Background
On 5th August 2019, the Indian government repealed the special constitutional status accorded to Jammu and Kashmir under Article 370 of the Constitution, further abrogating Article 35A. Consequently, the erstwhile state was bifurcated into two union territories – Jammu-Kashmir (with a legislature) and Ladakh (without a legislature). This period also marked the imposition of a strict telecommunications lockdown to prevent violent unrest, detention of political leaders and dissidents, and the enforcement of Section 144 of the Indian Penal Code.
Key Findings from the FHRJK Report
The report scrutinizes multiple aspects, primarily focusing on human rights abuses, arbitrary detentions, restrictions on assembly and censorship imposed on local media houses in J&K. It acknowledges the government’s efforts but concludes that the implemented measures fall short of public expectations. The document also holds counter-insurgency as a priority over public, civilian and human security concerns.
Reasons for Continued Militancy in J&K
Ever since the constitutional changes were wrought, there has been widespread protests from a section of the populace against it. The controversial decision to let non-residents purchase land in J&K has caused dissent among locals. Coupled with the misuse of draconian legislation like the Public Safety Act (PSA) and Unlawful Activities Prevention Act (UAPA), this has contributed to the continuation and escalation of militancy in the region.
Government & Judiciary Actions
In attempts to mitigate these issues, initiatives for promoting industrial development have been taken. For instance, the Department for Promotion of Industry and Internal Trade has rolled out a New Central Sector Scheme that provides four distinct incentives such as Capital Investment Incentive, Capital Interest Subvention, Goods & Service Tax Linked Incentive and Working Capital Interest Subvention. Another measure, the AB-PMJAY SEHAT Scheme provides free insurance coverage to all residents of J&K, assuring financial cover of up to Rs. 5 lakh per family.
Political Developments and Judicial Interventions
The Indian and Pakistani Directors-General of Military Operations agreed to curb infiltration by armed groups, fostering hopes for peace. The Union government also sought to conduct elections but insisted that it would be for a Union Territory assembly, a decision contested by regional parties who demand reinstatement of statehood before participating in any polls. On responding to petitions against internet shutdowns and curbs on civil liberties, the Supreme Court ruled that such suspensions could only be temporary, and are subject to judicial review.
Path Forward
The Human Rights forum suggests the release of all remaining political detainees, repeal of the PSA and other related legislations. Encouraging local community involvement in facilitating the return of Kashmiri Pandits is also recommended. Peace in J&K can be attained by implementing the progressive vision of former Prime Minister Atal Bihari Vajpayee – Kashmiriyat, Insaniyat, Jamhooriyat, which encompass the inclusive culture, humanitarianism and democracy of the Kashmiri people.
