New Delhi: Delay in announcement of legislative election dates, grant of overweening powers to the lieutenant-governor pre-election, targeted attacks, armed attacks in Jammu and South Kashmir, abuse of civil rights, custodial deaths, and drug abuse — these are some of the key concerns flagged in a 2024 report titled ‘Jammu and Kashmir: A Human Rights Agenda for an Elected Administration’.
The report, which ThePrint has accessed, has been drafted by a forum for human rights in Jammu and Kashmir comprising an informal group of citizens, including former government secretaries and officials like Gopal Pillai (former home secretary, Government of India); former judges of the Supreme court, like Justice A.P. Shah; other high court judges like Justice Bilal Nazki, Justice Anjana Prakash, and Nirupama Rao; retired Army personnel like Lieutenant-General H.S. Panag; writers; historians; NGO founders; and lawyers.
The report also flags concerns over rise of crimes against Scheduled Castes (SCs) and Scheduled Tribes (STs), against women and children, problem of unemployment, impact of Kashmir’s local industries, crackdown on media, alleged use of Pegasus-like software, continuing militancy, cases of suicide and depression among local residents. It recommends release of all political detainees who were put into preventive detention on or after 4 August, 2019.
The Forum raises concerns about the arrests of journalists and human rights activists like Irfan Mehraj, Abdul Aala Fazli and Sajad Gul, who continue to remain behind bars.
The report also states that Jammu and Kashmir human rights, women’s and information commissions must be reconstituted and recommends the constitution of a child rights commission as well.
In August 2019, Jammu and Kashmir’s special status under Article 370 was removed and the state was divided into and demoted to two Union territories.
ThePrint reached the spokesperson of the Ministry of Home Affairs via text. This report will be updated if and when a response is received.
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Elections, statehood & rehabilitation
The report states that the delay in the announcement of the election dates “has given rise to speculation that the legislative assembly might be postponed beyond the Supreme Court’s deadline of 30 September, possibly on grounds of rising militant attacks”.
The analysis of the findings hint that this delay might play into the “hands of spoilers”. The panel recommends that to avoid these issues in the valley the elections should be held before the deadline cited by the top court and that the dates should be announced immediately.
“The deep hunger of the people of Jammu and Kashmir for an elected administration was demonstrated by their turnout for the Lok Sabha elections. At 58.46 percent, it was the highest turnout in 35 years, leading the chief election commissioner to a hopeful prognosis for the legislative assembly election,” the report says.
It also recommends that all candidates should be given a level playing field in light of the allegations levelled by the Opposition candidates during the panchayat elections. Further the report also recommends that a timeline for restoration of statehood must be provided and proposes restoration of the elected Kargil and Leh hill councils.
To ensure civilian security, the report also seeks that authorities to fall in line with the recent rulings of the Jammu and Kashmir High Court and the Supreme Court to avoid misuse of the Unlawful Activities (Prevention) Act (UAPA) and AFSPA and recommends action against security forces found guilty of torture, custodial death or other violations of human rights.
“Release action-taken reports on the December 2023 torture of 25 men from Poonch-Rajouri and custodial killing of three, the December 2020 Hokersar deaths, the July 2020 extra-judicial killing of three Rajouri youth in Shopian, and the alleged custodial death of Irfan Ahmed Dar of Sopore, and the status of subsequent prosecutions,” the reports says.
The report mentions that after elections are over, a human rights cell must be established. “Ensure that community leaders are involved in facilitating the return of Kashmiri Pandits, noting that Mirwaiz Umar Farooq has recently appealed for their return. Without local support, returnees will not be safe, and their reintegration will prove extremely difficult,” the report reads.
In order to rehabilitate the residents and ensure overall development, the committee recommends the state’s economy must be set free from “restrictive controls and prioritise support for locally owned companies, especially medium and small enterprises as well as those involved in agriculture, tourism and environmental protection or regeneration”.
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