In a sea of rights violations, ranging from enforced disappearances to fake encounters to rape, every drop of justice is welcome. One, Bashir Ahmad Lone and his accomplices approached the three men, Shahzad Ahmad Khan, Riyaz Ahmad Lone and Muhammad Shafi Lone, with the promise of getting them jobs in the army. They accompanied him to Machil where he allegedly handed them over at a price of Rs50,000 each. They were then reportedly shot dead in a staged gun battle near the Line of Control and buried by the army as Pakistani infiltrators, with the army personnel recovering the ‘reward’ bounty of reportedly Rs150,000 each. On April 30,2010, the army announced that three militants had been killed in an encounter. The worried relatives, fearing the worst, approached the authorities for help in identifying those killed in the encounter. The police, under huge public pressure, launched an inquiry into the incident; the bodies were exhumed and found to be of the three youths from Baramulla. The agitation, in which over 123 boys died, continued for over two months, the army started the court-martial process, with court-martial proceedings now ordered against a colonel (the commanding officer of 4 Rajput Regiment), a major and four others.
This will be significant only if it heralds a new dawn in the history of justice in J&K. The deaths at the hands of security forces, in one way or the other, have scarred the people of this border state, with repression and victimisation becoming the norm. It is imperative for the authorities to one, work towards ensuring an end to rights violations at the hands of security forces; to ensure immediate justice instead of the customary cover-ups; and to return the state to civilian control by withdrawing the army from the entire Valley, as necessary first steps before the larger political issues can be taken up.
But even these minimalist first steps cannot be taken without full cooperation from Pakistan. Both Pakistan and India need to realise that there can be no alternative to peaceful dialogue. Pakistan has to realise that its policy of intervention has not earned it any goodwill in J&K where the new generation, born and brought up in conflict, is fed up with the violence and the oppression and wants out. The ‘goodwill’ that the Pakistani establishment was always happy about amongst sections in the Valley has dissipated entirely with even the few pro-Pakistan elements that remain, finding it impossible to say so without severe reaction from the vocal, articulate and highly political young Kashmiris.
The India-Pakistan dialogue has become meaningless for the Kashmiris, who see in it little more than an official cacophony favouring the status quo. The meetings between visiting Pakistani leaders to New Delhi and select representatives of the Hurriyat and other such organisations are also no longer regarded as important or meaningful within the Valley, but just more of the same old and redundant responses. The Kashmiris have moved far ahead of the dialogue that was set up years ago, and unless the new aspirations are taken into account by New Delhi and Islamabad, J&K will continue to simmer and fester, erupting when least expected, into an uncontrollable situation with possibly disastrous consequences for all. New Delhi has to realise that people cannot be contained by force, and Islamabad has to realise that bloody terrorism cannot substitute for reasoned, mature, responsible dialogue and peace. The people of J&K must not be held hostage to wars and conflict not of their making.
Published in The Express Tribune, December 28th, 2013.
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COMMENTS (36)
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@muhammad iqbal: Indeed..!!! How sweet it ALL is.... you know...!!
Kashmiri people must be given the right for self determination. that is the only solution for which UNO advised and also Nehru the great Indian leader had promised.but India a big country with no vision cannot do it. It believes in might is right .Bloodshed of poor Kashmiris is of no significance for it.People of India Pakistan and Kashmir are paying the heavy price for the short sightedness of the leaders No worthwhile progress is possible in this region because of this problem. We have accepted illeteracy. ignorance and poverty as our lot..
@Gratgy: We gave it to China as they also claimed sovereignty over it, and we recognized they were a quickly developing country. To promote friendship between us we gave it to them. They call it Aksai Chin.
@Moiz Omar: We took about 45% of Kashmir in 1948
So you agree you invaded Kashmir when it was Independent lol!. Do you still have 45% of Kashmir now??? It seems you just have 35% now? What happened to the rest? Did it evaporate or did you sell it to someone??
@Moiz Omar: Conquered?
@Seema Mustafa
If China can handle Tibet , 10 times bigger than Kashmir , we can surely handle kashmir . A single nuke will wipe out all islamists from valley .
@Moiz Omar: Pure simple foolishness. Mr. Nehru thought he would expose Pakistan but then he was wrong.
Why did you guys go the United Nations then? Why didn't you simply capture all of Kashmir if you could?
@Tom: We took about 45% of Kashmir in 1948. We were neutral in 1965, though you guys didn't attack East Pakistan so I will give you that. In 1971, about 1/3 of our military defected to Bangladesh and you guys had the numerical advantage even before that.
@Moiz Omar: Sorry. In 1948" Pakistan army had almost reached Srinagar. Then he maharaja signed instrument of accession and the Indian army joined he battle and pushed the Pakistani army to the point where the current LoC is. If Nehru had not gone to UN and complained which resulted I ceasefire, India would have succeeded in pushing the intruders out completely.
So if you think your army was victorious, you are simply wrong.
Repatriate us Pandits back to the valley first.
@Moiz Omar:
Try taking it by force again like in '48.'65, 1971. Inda gave you back an area of 13000 sq/km, in west pakistan but kept Kargil and adjacent areas in '71. Next time they will keep whatever they capture and then you can cry again.!!!
@Vakil:
Show me one map from anywhere on the planet which labels Baluchistan as a Disputed land.
@Vakil: Balochistan is an integral part of Pakistan.
@1984:
The elaborate scenario you have presented with sister, brother etc., doesn't hold water because it starts off with the premise that Kashmir was Pakistan's to begin with ! We all know how much validity there is to that assumption
Dear madam,Seema Mustafa, There is one and only one way to "Bringing peace to Kashmir" Please stop importing terror and terrorists to Kashmir in the grab of jehadi.
Unlike Pakistan,We are neither defending nor denying. With right intent and full vigor we have investigated and the culprits will be punished. We are proud to be a civilized society that respect human rights and people do not disappear where supreme Court finds itself soo helpless. no one not even the most cherished institutions are infallible. We respect our armed forces but do not worship them blindly.
Paskitan should realise and Islamabad should know this.................you are living in India and writing up on a conflicting issue,,,Kashmir.Are you advocating for Kashmiris or India? Youknow better about Kashmir still you have direct access to Sirinagar,you must now and realise the pain of Kashmiri people too.Simple fornula is both India-Pakistan should sit together and sortout a permanent solution.No second view...... Both are claimg their legitimate and legal right and ignoring the third Party that is Kashmiri people.
Rishi kashyapp will be rolling in dirt as he sees what the Kali Yuga dirt bottom feeders does in Kashmir.
@Moiz Omar: You tried to invade Kashmir by force using tribal non state actors and you failed miserably.
@3rdRockFromTheSun:
"No Indian govt, no matter how pacifist or enamored of Pakistan; will ever permit another break-up of the current Indian territory."
What you are saying is essentially the same as the story of a girl who was kidnapped and forcefully married by a bandit, and when after years of search her brother finds her, the bandit refuses to let her go on the basis that she is her wife now. Think for a moment if the girl in story was you sister, would you still accept the bandit's claim?
There is no doubt in my mind that a majority of Kashmiris do not want to join Pakistan. Maybe in 1947, but certainly not now. After all, my people are not stupid. They know what a mess Pakistanis have made of their country since 1947. Why would they chose to be a part of an unstable country with a failed economy, where they would be second class citizens to a punjabi majority when they can be a part of a thriving democracy with a rising economy and solid established democratic institutions. It's a no brainer as they say in New York..
Kashmir problem is world recognized dispute. It is the problem of all J&K districts though only Jammu District has some reservations which will be sort out cordially after solution. Kashmiris cannot be made hostages for the ill-treatment of Indian Muslims. Further more the have opted for the same in 1947 while as Kashmiris have not and they fight their till date.
The people of J&K must not be held hostage to wars and conflict not of their making.
Agreed, then let them decide what they want...those politically-aware youth are for their basic right of self-determination.
It is time for Kashmiris to pursue peace and begin to behave like normal human beings - apologize to the Kashmiris they murdered and threw out for the sin of following the wrong religion, compensate them and bring them home with honor. They can then live peacefully with self respect where they are.
Why was Pakistan created? As a homeland for Muslims of the Indian sub continent. I hope the message is clear.
@Moiz Omar: Your argument about Hyderbad, Goa and even Junagadh may possibly be accurate, but remember the SAME applies to Balochistan vis-a-vis Pakistan...
Madam Mustafa Good articles. This one and your previous one on US.
The seed to all the problems that Pakistan is going through and to its self-destructing mentality can be attributed to Kashmir.
Pakistan would have been a much different and much prosperous country today if it had given up on Kashmir in 1947.
Well, it still doesn't have that part of Kashmir! And it is getting harder and harder - almost impossible - to get it.
So, as they say, go figure.
No Indian govt, no matter how pacifist or enamored of Pakistan; will ever permit another break-up of the current Indian territory. It is time this fact was clear to those in Kashmir and in Islamabad. India knows it is unrealistic that it will ever get back Pakistan's side of Kashmir (as per the Accession document) and has given up its claim on that territory. It is time for the Kashmiris and Pakistanis to do the same.
And for those that will bring up the 'UN Referendum' - the first pre-condition for a referendum is for Pakistan to completely withdraw (its troops and immigrants from other parts of Pakistan) from its side of Kashmir. And the referendum is to have only 2 choices - become 'Independent' or 'merge with India' - 'merging with Pakistan' is not a valid choice as per the UN Referendum regulations.
And let's be real - there is no chance Pakistan or India or even China for that matter, will ever permit an 'Independent' Kashmir.
So, status quo is the only solution.
How about instead of disputing with us Pakistanis on Kashmir, you just stop occupying the part of Kashmir you occupy and give it to us? How can you claim Kashmir even with it signing the Instrument of Accession to India, when you guys invaded Junagadh and by force integrated it into India when they signed the Instrument of Accession to Pakistan? And you guys even invaded and by force occupied two other territories which refused to be part of India, the former state of Hyderabad and Goa! You have NO right over Kashmir!
Madame Mustafa: Your 5 paragraph article titled 'Bringing Peace to Kashmir' could have been easily condensed into a 10 word statement: " Find ways to stop Pakistan from sending terrorists into Kashmir'
This truth when it comes out is never pretty. Thought your advice to both countries was pragmatic but alas will fall on deaf ears.
Why does not she writes these kinds of articles in India? If Kashmiris are given 'Freedom' then what will happen to Indian Muslims? Indian Muslim will get 'Modi Treatment' or "Ahemdia Treatment" as administered in Pakistan.Kashmir problem is basically in three districts only. Kashmiris need to find solution under Indian constitution or they should accept what Jinnah and Gandhi accepted: that is move to Pakistan. Kashmiri have become very radicalized Islamist and not willing to accept anything less. Even Pakistan can't do much under the circumstances.