“The worst of the Indian state has always been played out in Kashmir, and the events preceding and following (abrogation of) Article 370 are only a more horrific testament to that,” note the authors of the latest fact-finding report titled, ‘Imprisoned Resistance: 5th August and its Aftermath’. The report was released in Bengaluru and Delhi on Thursday by five of the 11 member-team which prepared the report following their week-long (October 26-November 4) visit to the conflict-ridden state. Thursday was also incidentally the day that the reorganisation of the state (now two separate Union Territories). ‘No normalcy’ is the new normal The 160-page long report counters the government narrative of normalcy returning in the state by narrating multiple instances of deserted market places, courts, empty schools and colleges, lower mental health patients, lack of public transport, restriction to free movement, continuation of arbitrary detentions in addition to the excesses committed by the forces already reported in national and international media. To elucidate their point, the authors cited one newspaper advertisement in multiple publications in Valley urging businesses to run “as usual” as reported by few media houses. “Closed shops, no public transport?” read the government ads on the front pages of Kashmir’s newspapers on October 11, 2019. The report also claims images of traffic flow in Srinagar shown in certain media was done by creating roadblocks to artificially create traffic jams and then recorded by drone cameras. This report was compiled by Aarti Mundkur (Advocate, Bengaluru), Amit Sen (Psychiatrist, New Delhi), Clifton D’ Rozario (Advocate and All India People’s Forum, Bengaluru), Gautam Mody (New Trade Union Initiative, New Delhi), Lara Jesani (Advocate, Mumbai and People’s Union for Civil Liberties), Mihir Desai (Senior Advocate, Mumbai and People’s Union for Civil Liberties), Nagari Babaiah (People’s Democratic Forum, Bengaluru), Ramdas Rao (All India People’s Forum, Bengaluru), Saranga Ugalmugle (Advocate, Mumbai/Goa) Swathi Seshadri (Independent Researcher, Bengaluru) and Veena Gowda (Advocate, Mumbai and People’s Union for Civil Liberties). The speakers noted that while this is not the first time that an abuse of human rights and excesses by the armed forces in Kashmir has been reported, the new normal since the first week of August is unprecedented. While the Narendra Modi-government has championed itself on making Kashmir an “integral part of India” with this move, the report says it had an effect of “proverbial last straw that erodes whatever hope that may have existed of a peaceful and just resolution of the people’s demands for democracy.” Clifton told TNM, “We had searched for 'normalcy' or essence of democracy in all the areas that we could travel. And on the day when we returned, another team (of activists) were sent back. We were also asked in many places from where we have come. If the security forces did not see a Kashmiri face, they were fine with us moving around. So for a local there, in terms of mobility, you are constantly under surveillance and asked 'where are you going?'.” Another member of the team, Swathi, said, “There were somewhat given liberty as they might have looked like tourists with backpacks and they had divided themselves into groups of 2-3. But all the time, there was always a fear that we might be sent back.” Violence As otherwise reported in the media, this team also noted extreme and traumatic forms of physical, sexual and emotional abuse unleashed on the Kashmiri people. These including illegal detentions of minors and instances of torture with loudspeakers on, for the surrounding community to hear the victim scream and deaths due to pellets. The report also mentions under reported issues such as businesses including media houses shutting down or downsizing, destruction of property and excesses during night raids on entire villages in reply to isolated incidents of stone pelters. Peculiar accounts recorded in the report state — “People said that sometimes plain clothed army officers impersonating as mujahideens by sporting beards and long hair would knock on a door in the village and forcibly enter and demand for food. Usually this is done during the day. Such visits would be followed by night raids conducted by the army, which would allege that the family had entertained mujahideens and pick up young men, harass the family members and raid the house using that excuse.” Medical report showing pellet injuries of 17-year-old Asrar who died after authorities claimed he was hit by a stone Mental health The report also documented the deterioration of mental health services in Srinagar and smaller towns in the face of shutdown. “Amongst other incidents, people told us that youngsters are experiencing symptoms of heart attacks. The doctor who they accessed with great difficulty, informed them that it was an anxiety attack and that 70% of young boys and girls who visited him were suffering from depression. A young girl told us how she woke up in the morning shivering despite wearing a sweater and a blanket,” the report said. Resistance The report talks about the voluntary hartals that people resorted to even though gradually the lockdown is being eased and the clampdown on communication have been reduced after a blanket blackout. “All commercial establishments are voluntarily closed except for two hours in the morning and in the evening. This is part of their resistance against what they term a ‘military occupation’, and they are confident to continue with it indefinitely, since they have been trained all these years to adjust to such a situation,” the report reads. This continues as mainstay businesses like apple farming and tourism suffer. Even those employed in the industrial area outside Srinagar lost their jobs including those in the Rangreti Industrial Park. Anchar in Shoura where locals dug up roads to and put in road blocks to disallow the armed forces from entering the area. Basis of the report The report was prepared based on the team’s visit to Bemina, Tengpora, Galwanpora, Anchar, Illahi Bagh areas in Srinagar and multiple villages in districts of Pulwama, Shopian, Kulgam, Baramulla. Other than meeting residents, they also visited various courts and interacted with lawyers, and High Court judges including the Chief Justice and the State Human Rights Commission (including meeting with Justice (Rtd.) Bilal Nazki, Chairperson) Juvenile Justice Board (JJB) and Child Welfare Committee (CWC). They also met with psychiatrists, medical health professionals, therapists, counsellors and social workers who are providing mental health services. In addition to their own findings, the authors have also summarised the history of Article 370, political developments over the years with respect to Jammu and Kashmir with mention of history of unmarked graves and systematic disappearances. Four-point recommendation by the authors 1. Recognise that a dispute exists between people of Jammu and Kashmir and the Indian government. 2. Repeal the Jammu & Kashmir Public Safety Act 1978 and the Armed Forces (Jammu & Kashmir) Special Powers Act 1990. 3. Withdraw all army and para-military forces from civilian areas of Jammu and Kashmir. 4. Open a transparent unconditional dialogue with the people of Jammu and Kashmir and their representatives so as to address peoples’ aspirations to determine and define their own destinies through democratic means and to find a political solution that respects the democratic will of the people in accordance with human rights and international law.
