Human Rights Report - March to August 2020
INTRODUCTION
Past 365 days remain the darkest period in the recent history of Indian occupied Jammu and Kashmir, in which Kashmiris witnessed an ugly face of India’s neocolonialism and its consequences that have manifested on the ground in many striking ways.
The year saw the loss of Kashmir’s special status guaranteed to it under article 370 of 0the Indian constitution and dissolution of the state into two union territories under the so-called Jammu and Kashmir reorganization act 2019. The secretly drafted Act, rightly censured as an act of colonization, was introduced and finally passed by the Indian parliament without any prior consultation with main stakeholders i.e. people of Indian occupied Kashmir. Not taking into account the constitutional, legal and above all the international aspects of Kashmir dispute, the decision to robe Kashmiris’ of their identity was implemented and executed in a dangerously authoritarian way.
Before embarking on its colonial project, the Modi government in a brazen violation of the international law subjected the Jammu and Kashmir State and its entire population under severe military lockdown; people were virtually caged in their houses, the political leadership of all sorts were either arrested or detained in their own homes; all means of communication were cut and a complete media shut-down was enforced in the region. Thousands of mostly the youth were arrested, a curfew and internet blackout imposed, and even several journalists associated with local and international media outlets were detained under the PSA for covering the incidents of violence taking place in the valley. Members of civil society, intellectuals, lawyers and academicians were taken into custody to ensure a grave-yard silence in the region.
As far as the abrogation of article 370 is concerned, India had been remorselessly engaged in eroding this constitutional provision since the day when it was incorporated in the Indian constitution. From 1950 to 2019, forty- seven presidential orders on the state of Jammu and Kashmir have been passed, and these orders in effect enabled parliament of India to make laws for the state of Jammu and Kashmir on 94 out of 97 subjects. Despite all these erosions and modifications made to the Article 370, there were some Indian laws which were not applicable to the state of Indian occupied Kashmir and also, the state had some special laws not found in the books of Indian const laws. It also had a symbolic and sentimental value for the people of Indian Occupied Jammu and Kashmir.
In furtherance of the Reorganization Act, the government of India passed domicile law, which in effect gives residency rights and privileges to any non-state subject by showing a bear 5 minimum stay, or education in Kashmir. In a grand scheme of changing the demography of the state of Indian Occupied Jammu and Kashmir, the Domicile Law gives clean and easy residency rights to the members of Indian occupational forces (and their children) who have been brutalizing the population of Kashmir from years together. Following the suite of Nazi Germany, the fascist Modi regime is hell-bent to strip the Kashmiris of birthrights and flood with a population of Hindu fanatics.
Even during the complete military siege and communication blackout, the Indian army and other paramilitaries conducted siege and search operations, resulting in the killing of innocent youth in fake encounters and demolition of properties.
The Indian government has used the COVID lockdown and consequent restrictions on public participation as an opportunity to introduce a slew of new policies. Most of these actions appear to have been taken in a haste to push for legislative changes in the absence of public consultation and suspension of democratic participation. The stakeholders, who are most affected by these laws, have been kept out of the loop. A similar approach has been adopted while introducing the New Kashmir Policies of 2020 which include – Media Policy, Hydropower and Renewable Energy Policy, Real Estate Policy, Education Policy, Pharma Policy, New Industrial Policy, etc. Unilateral and non-participatory decision making appears to be the modus operandi of the present regime.
Document in hand will cover the incidents that took place in Indian Occupied Jammu and Kashmir in the past year to strengthen the argument that Indian policies in Indian occupied Kashmir are against spirits of International law, UN resolutions on Kashmir and the pledges that Indian government made at national and international level during the early days of Kashmir dispute.
EXTRA-JUDICIAL KILLINGS
Case # 1
| Name | Mudasir Ahmad Bhat |
| Resident of | Sopore |
| Agency Involved | 32 RR and SOG |
| Place of Incident | Shutloo village in Rafiabad area of north Kashmir’s Baramulla District |
| Date of incident | March 31, 2020 |
Testimony: A resident of Sopore, Mudasir Ahmad Bhat was assassinated at Shutloo village in Rafiabad area of north Kashmir’s Baramulla District on March 31, 2020 by the shooting of a joint team of 32 RR and Special Operation Groups. On the pretext of cordon and search operation, the soldiers belonging to Indian army entered into this area of Sopore and fired indiscriminately on civilians. Mudasir died on spot after receiving multiple bullet injuries.
Case # 2
| Name | Ghulam Hassan Wagay & Sirajuddin Khatana |
| Agency Involved | Indian Army |
| Place of Incident | DH Pora, Kulgam |
| Date of incident | April 1, 2020 |
Testimony: Indian forces barged into the houses of DH Pora, Kulgam village and shot down poor civilians, including Ghulam Hassan Wagay and Sirajuddin Khatana on April 1, 2020.
Case # 3
| Name | Mohammad Saleem |
| Agency Involved | Indian Army |
| Place of Incident | Fatehpora, Anantnag |
| Date of incident | April 2, 2020 |
Testimony: On April 2, 2020, a joint team of soldiers belonging to Indian army conducted a midnight raid on some residential houses in different parts of Fatehpora, Anantnag District. The forces fired countless bullets during this brutal operation causing the on spot death of Mohammad Saleem.
Case # 4
| Name | Shahid Malik, Saddam Malik & Waqar Farooq |
| Agency Involved | Indian Army |
| Place of Incident | Dambal, Kulgam |
| Date of incident | April 4, 2020 |
Testimony: On April 4, 2020, a joint team of soldiers belonging to Indian army conducted a midnight raid on some residential houses in different parts of Dambal, Kulgam District. The forces fired countless bullets during this brutal operation causing the on spot death of Shahid Malik, Saddam Malik and Waqar Farooq.
Case # 5
| Name | Sajad Ahmed from Daramdora, Shopian, Adil Hussain from Liver Anantnag, and Umar Nazir, also from Liver Anantnag, Sajad Ahmed from Daramdora, Shopian and Sartaj Ahmed from Yaripora Kulgam. |
| Agency Involved | Indian Army |
| Place of Incident | Jungle areas of Northern Kupwara town |
| Date of incident | April 5, 2020 |
Testimony: Sajad Ahmed from Daramdora, Shopian, Adil Hussain from Liver Anantnag, and Umar Nazir, also from Liver Anantnag, Sajad Ahmed from Daramdora, Shopian and Sartaj Ahmed from Yaripora Kulgam were assassinated by India Para Special Forces Squad 1, Indian army, the Para 4 Special Forces on April 5, 2020. They launched the CASO in the Jungle areas of Northern Kupwara town.
Case # 6
| Name | Shamima Begum, Gulzar Ahmad, Javid Ahmad |
| Agency Involved | Indian Army |
| Place of Incident | Keran Kupwara |
| Date of incident | April 12, 2020 |
Testimony: On April 12, 2020, a joint team of soldiers belonging to Indian army conducted a midnight raid on residential houses in different parts of Keran Kupwara District. The forces fired countless bullets during this brutal operation causing the on spot death of Shamima Begum, Gulzar Ahmad and Javid Ahmad.
Case # 7
| Name | Abdul Hameed |
| Agency Involved | Indian Army |
| Place of Incident | Redwani, Kulgam |
| Date of incident | April 12, 2020 |
Testimony: On April 12, 2020, a joint team of soldiers belonging to Indian army conducted a midnight raid on residential houses in different parts of Redwani, Kulgam District. The forces fired countless bullets during this brutal operation causing the on spot death of Abdul Hameed.
Case # 8
| Name | Adil, Asif, Ashiq Hussain, Basharat Hussain |
| Agency Involved | Indian Army |
| Place of Incident | Shopian Kashmir |
| Date of incident | April 17, 2020 |
Testimony: On April 17, 2020, a joint team of soldiers belonging to Indian army conducted a midnight raid on some residential houses in different parts of Shopian Kashmir. The forces fired countless bullets during this brutal operation causing the on spot death of Adil, Asif, Ashiq Hussain and Basharat Hussain.\
Case # 9
| Name | Basharat Shah, Tariq Bhat, Waqeel Dar, Uzair Bhat |
| Agency Involved | Indian Army |
| Place of Incident | Melhora, Shopian |
| Date of incident | April 22, 2020 |
Testimony: On April 22, 2020, Indian army conducted a midnight raid on residential houses in different parts of Melhora, Shopian Kashmir. The forces fired countless bullets during this brutal operation causing the on spot deaths of Basharat Shah, Tariq Bhat, Waqeel Dar and Uzair Bhat.
Case # 10
| Name | Asif Ahmad |
| Agency Involved | Indian Army |
| Place of Incident | Lawarmunda, Qazigund, District Anantnag |
| Resident of | Kakapora locality of Pulwama |
| Date of incident | April 27, 2020 |
Testimony: Asif Ahmed from Kakapora locality of Pulwama was killed in a gunfight with Indian Army on April 27 along with two of his associates in Lawarmunda, Qazigund area of Anantnag District.
Case # 11
| Name | Riyaz Naikoo |
| Agency Involved | Joint party of the army’s 55 Rashtriya Rifles, Central Reserve Police Force (CRPF), and the Indian police |
| Place of Incident | Beighpora village of south Kashmir’s Pulwama District |
| Date of incident | May 6, 2020 |
Testimony: On May 6, 2020, the Joint party of the army’s 55 Rashtriya Rifles, Central Reserve Police Force (CRPF), and the Indian police launched a cordon and search operation in Beighpora village of south Kashmir’s Pulwama District and killed Riyaz Naikoo. During these clashes in Pulwama, at least fourteen soldiers got injured too. This incident raged protests across the region causing the Indian government to snap the mobile internet later that day.
Case # 12
| Name | Hazim Bhat |
| Age | 14 |
| Agency Involved | The joint party of the army’s 55 Rashtriya Rifles, Central Reserve Police Force (CRPF) and Indian police |
| Place of Incident | Handwara |
| Date of incident | May 6, 2020 |
Testimony: The joint party of the army’s 55 Rashtriya Rifles, Central Reserve Police Force (CRPF), and the police assassinated a 14 year old boy named Hazim Bhat in Handwara, during a pretext of Cordon and search operation which resulted in massive shootings by Indian army.
Case # 13
| Name | Unknown |
| Father Name | Ghulam Nabi Shah |
| Agency Involved | Central Reserve Police Force |
| Place of Incident | Himalayan region of kashmir |
| Date of incident | May 6, 2020 |
Testimony: Indian soldiers fatally shot a young man at a checkpoint in the Himalayan region of Kashmir on residents and officials, triggering anti-India protests and clashes in the disputed region. India’s Central 8 Reserve Police Force said the man was driving a car and ignored signals to stop at two checkpoints in the western outskirts of Srinagar, the region’s main city. It said the soldiers feared sabotage because a military convoy was passing by at the time. It said in a statement that a soldier shot the victim “when the car didn’t stop despite warning shots.” The victim’s father, Ghulam Nabi Shah, denied the police account, saying his son did not drive through any checkpoints, and that soldiers first stopped him and then shot him.
Case # 14
| Name | Peer Mehrajuddin |
| Age | 25 years old |
| Resident of | Makhama village of Beerwah |
| Agency Involved | Central Reserve Police Force (CRPF) |
| Place of Incident | Kawoosa crossing on Srinagar –Gulmarg highway |
| Date of incident | April 4, 2020 |
On May 11, 2020, Peer Mehrajuddin, 25 years old, resident of Makhama village of Beerwah, was killed when CRPF personnel opened fire on his vehicle which jumped a security checkpoint in Budgam District on Srinagar-Gulmarg highway. He was rushed to SMHS hospital in the city where he succumbed to his injuries.
Case # 15
| Name | Adil Wani, Shahid Thokar |
| Agency Involved | Indian army’s 21-RR, 15-RR, 30-RR, SOG, 92-CRPF and Para-9 launched search ops in the forest. |
| Place of Incident | Manzgam, Kulgam |
| Date of incident | May 25, 2020 |
Testimony: Indian army’s 21-RR, 15-RR, 30-RR, SOG, 92-CRPF and Para-9 launched search ops in the forest. Adil Wani and Shahid Khokar, both were shot down by the Indian forces during a search operation in Manzgam, Kulgam.
Case # 16
| Name | Moulana Masood Azhar |
| Agency Involved | Army’s 55 Rashtriya Rifles and Indian Army |
| Place of Incident | Astan Mohalla, Kangan area of Pulwama |
| Date of incident | June 3, 2020 |
Testimony: On June 3, 2020, Moulana Masood Azhar was shot dead by the occupation forces of India including the Army’s 55 Rashtriya Rifles, during CASO in Astan Mohalla, Kangan area of Pulwama.
Case # 17
| Name | Nadeem Ahmad |
| Resident of | Sunigam village of Kulgam |
| Agency Involved | Indian Army’s 19 RR, special operation group ( SOG) of JK police and CRPF |
| Place of Incident | Shangus belt of southern Kashmir’s Anantnag District |
| Date of incident | June 29, 2020 |
Testimony: On June 29, an Indian army’s 19 RR, special operation group ( SOG) of JK police and CRPF cordoned off Khul- Chuhar, Ranipora village and killed Nadeem Ahmad from Sunigam village of Kulgam, in Shangus belt of southern Kashmir’s Anantnag District.
Case # 18
| Name | Yawar Ahmad Bhat R/o HatigamKanelwan village of Bijbehara & Ukash Ahmad Sheikh R/o Bugam village of Kulgam |
| Agency Involved | Indian Army, army’s 3RR, special operations group ( SOG) of police and CRPF |
| Place of Incident | Waghama village of Bijbehara in south Kashmir’s Anantnag District |
| Date of incident | June 30, 2020 |
Testimony: On June 30, 2020, Yawar Ahmad Bhat from Hatigam-Kanelwan village of Bijbehara and Ukash Ahmad Sheikh of Bugam village of Kulgam were killed by firing of Indian Army, army’s 3RR, special operations group ( SOG) of police and CRPF, in Waghama village of Bijbehara in south Kashmir’s Anantnag District, during a cordon and search operation. Police took the bodies to Handwara in northern Kashmir for burial. Some family members were allowed to participate in their last rites.
Case # 19
| Name | Hilal Ahmad Malik |
| Resident of | Mohanpora |
| Agency Involved | A joint team of special operation group (SOG) of police, army’s 34 RR and CRPF |
| Place of Incident | Arreh- Mohanpora village of south Kashmir’s Kulgam District |
| Date of incident | July 4, 2020 |
Testimony: On July 4, 2020, a cordon and search operation was launched by a joint team of special operation group ( SOG) of police, army’s 34 RR and CRPF in Arreh- Mohanpora village of south Kashmir’s Kulgam District. A man named Hilal Ahmad Malik was shot down during this CASO. He was a resident 9 of Mohanpora. Clashes between youths and security forces were reported around the gunfight site. The administration once again snapped the 2G mobile internet service in the District to thwart any attempts of protests.
Case # 20
| Name | Bashir Ahmad Khan |
| Age | 65 years old |
| Resident of | Srinagar |
| Agency Involved | CRPF |
| Place of Incident | Sopore area of Baramulla District. |
| Date of incident | July 4, 2020 |
Testimony: On July 4, 2020, Bashir Ahmad Khan, aged 65, resident of Srinagar was assassinated by CRPF personnel in Sopore area of Baramulla District. Pictures of the killed civilian’s three- year old grandson near his body went viral on social media, evoking outrage. Quoting local eyewitnesses, Khan’s family says he was brought down from his car by CRPF personnel and shot dead, a charge denied by police. On Saturday afternoon, Vijay Kumar along with SSP Srinagar Haseeb Mughal visited the family, assuring them of an impartial investigation into the killing. “I visited the family to pay my condolences. I not only heard their grievances, but also cleared all aspects,” IGP Kashmir said. “I also assured an impartial investigation to the family,” he said, adding, “If the family wants to see CCTV footage of that incident, they can be shown.” Farooq Ahmad Khan, elder son of the deceased, said that they demanded judicial inquiry into the incident. “We told the IGP that we don’t need employment or compensation. If they plead guilty, we will leave it there,” he said. The wife of the deceased has retired as SI in J&K Police while his daughter is still serving in the department.
Case # 21
| Name | Mudasir Ahmad |
| Resident of | Laribal Kakpora, Pulwama |
| Agency Involved | Indian army’s 53RR, special operations group (SOG) of JK Police and CRPF |
| Place of Incident | Gusoo village of south Kashmir’s Pulwama District |
| Date of incident | July 7, 2020 |
Testimony: On July 7, 2020, Indian army’s 53RR, special operations group (SOG) of JK Police and CRPF launched a cordon and search operation in Gusoo village of south Kashmir’s Pulwama District. Mudasir Ahmad, resident of Laribal Kakpora, Pulwama was shot down immediately. He died on the spot. His death brought huge protest sessions from all over the area. Police took his body and buried it in north Kashmir. Meanwhile, 2G internet services in the District remained shut to thwart any attempts of protests.
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