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| {{about|Human rights abuses in Indian-administered portion of Kashmir|human rights abuses in the whole of Kashmir|Human rights abuses in Kashmir}} | |||
| {{Use British English|date=March 2013}} | |||
| {{Use dmy dates|date=March 2013}} | |||
| {{Human rights abuses in Jammu and Kashmir}} | |||
| ]s in the Indian-administered ] state are an ongoing issue. The abuses range from mass killings, ], torture, ] to political repression and suppression of ]. The ], ] (CRPF), ] (BSF) and various separatist ] groups<ref>{{cite news|title=Ten Killed In Kashmir Bomb Blast|url=http://abcnews.go.com/International/story?id=82930|accessdate=6 April 2015|publisher=abc NEWS|date=10 August 2000}}</ref><ref>{{cite news|title=Four killed in Kashmir bomb blast|url=http://news.bbc.co.uk/2/hi/south_asia/4698705.stm|accessdate=6 April 2015|publisher=BBC|date=20 July 2005}}</ref> have been accused and held accountable for committing severe human rights abuses against ].<ref name="Rnews">{{cite news|url=http://www.rediff.com/news/column/kashmiri-pandits-remain-refugees-in-their-own-nation/20120119.htm|title=23 years on, Kashmiri Pandits remain refugees in their own nation|accessdate=15 September 2012|newspaper=Rediff News}}</ref><ref name=Hindwan>{{cite journal|last=Hindwan|first=Sudhir|title=Policing the police|journal=Indian Defence Review|year=1998|volume=13|issue=2|editor1-first=Bharat|editor1-last=Verma|page=95|publisher=Lancer|issn=0970-2512}}</ref><ref name=Hartjen>{{cite book|last=Hartjen|first=Clayton|title=The Global Victimization of Children: Problems and Solutions|year=2011|publisher=Springer|isbn=978-1-4614-2178-8|edition=2012|author2=S. Priyadarsini|page=106}}</ref> | |||
| Crimes by militants are said to be incomparable with the larger scale abuse by Indian state forces.<ref name="Kazi">{{Cite book|url=http://www.oxfordislamicstudies.com/article/opr/t343/e0165?_hi=0&_pos=1|title=Gender and Militarization in Kashmir|last=Kazi|first=Seema|work=Oxford Islamic Studies Online|publisher=Oxford University Press|year=|isbn=|location=|pages=|quote=Sordid and gruesome as the militant record of violence against Kashmiri women and civilians is, it does not compare with the scale and depth of abuse by Indian State forces for which justice has yet to be done.|via=}}</ref> Some rights groups say close to 100,000 people have died since 1989<ref>{{Cite news|url=https://tribune.com.pk/story/228506/40000-people-killed-in-kashmir-india/|title=40,000 people killed in Kashmir: India|last=|first=|date=|work=The Express Tribune|access-date=}}</ref> while the official figures from Indian sources state the estimates of number of civilians killed due to the insurgency in the range of 16,725 <ref name="fact">{{cite web|url= http://www.kashmirtimes.in/newsdet.aspx?q=29912 |title=Ultras kill 16,725 civilians in J&K in 24 years}}</ref> to 47,000 civilians, in which 3,642 civilians were killed by security forces.<ref name="jammu-kashmir.com">{{cite news |url=http://www.jammu-kashmir.com/archives/archives2003/kashmir20031121c.html |title=Kashmir Death Toll Hits 1,980 in 2003 |work=The Washington Post |date=21 November 2003}}</ref><ref name="in.reuters.com">{{cite news| url=http://in.reuters.com/article/topNews/idINIndia-36624520081121 | title=India revises Kashmir death toll to 47,000 | date=21 November 2008 | agency=Reuters}}</ref><ref name="cnn.com">{{cite news| url=http://www.cnn.com/2009/WORLD/asiapcf/03/23/kashmir.fighting/index.html | publisher=CNN | title=Kashmir fighting death toll hits 19 | date=23 March 2009 | accessdate=5 May 2010}}</ref><ref name="hindustantimes.com">{{cite news |url=http://www.hindustantimes.com/StoryPage/StoryPage.aspx?sectionName=&id=7667cb02-681b-4e08-b3f8-765cf1d23170&Headline=India+revises+Kashmir+death+toll+to+47%2c000+ |title=India revises Kashmir death toll to 47,000 |agency=Reuters |work=Hindustan Times |date=21 November 2008}}</ref> The Jammu and Kashmir Coalition of Civil Society organisation states that there have been over 70,000 killings, 8000 plus forced disappearances, mass torture and sexual violence, the majority committed by Indian armed forces, and that these cases have had zero prosecution in civilian courts.<ref>{{Cite news|url=https://kashmirobserver.net/2016/local-news/karadzic-prosecute-all-accused-hr-violations-kashmir-jkccs-4777|title=Like Karadzic, Prosecute All Accused of HR Violations in Kashmir: JKCCS|last=|first=|date=|work=Kashmir Observer|access-date=}}</ref> India accuses the ] for abusing human rights in ] by violating the ceasefire and continuing to kill ],<ref>{{cite news|title=Pakistan Violated Ceasefire In Jammu And Kashmir 685 Times In 8 Months|url=http://www.huffingtonpost.in/2015/02/24/pakistan-ceasefire_n_6741672.html|accessdate=6 April 2015|publisher=Huffington Post|date=24 February 2015}}</ref><ref>{{cite news|title=Kashmir: India says eight civilians injured in Pakistan firing|url=http://www.bbc.com/news/world-asia-india-24666123|accessdate=6 April 2015|publisher=BBC|date=25 October 2013}}</ref><ref>{{cite news|title=1 killed, 9 injured as Pakistan trains guns on civilians|url=http://www.thehindu.com/news/national/four-civilians-injured-in-pakistan-firing/article6751022.ece|accessdate=6 April 2015|publisher=The Hindu|date=3 January 2015}}</ref><ref>{{cite news|title=Pakistan continues to violate ceasefire, kills 5 civilians|url=http://www.hindustantimes.com/india-news/jammu-5-dead-25-injured-in-one-of-the-most-serious-ceasefire-violations-by-pakistan/article1-1272092.aspx|accessdate=6 April 2015|publisher=Hindustan Times|date=7 October 2014}}</ref><ref>{{cite news|title=Pakistan violates ceasefire yet again; 2 civilians killed in J&K|url=http://timesofindia.indiatimes.com/india/Pakistan-violates-ceasefire-yet-again-2-civilians-killed-in-JK/articleshow/40746643.cms|accessdate=6 April 2015|publisher=The Times of India|date=23 August 2014}}</ref> a claim which is totally rejected by Pakistan who blames Indian army for the violation of ].<ref>{{cite news|title=LoC violation: Indian forces target Harpal sector in Sialkot|url=http://dunyanews.tv/index.php/en/Pakistan/239867-LoC-violation-Indian-forces-target-Harpal-sector-/articleshow/239867|accessdate=10 May 2015|publisher=Dunya News|date=7 October 2014}}</ref> Diplomatic cables obtained by ] revealed that the ] had briefed US officials in Delhi in 2005 about the use of torture from 2002–2004 by security forces against hundreds of detainees suspected of being connected to or having information about militants.<ref>{{cite news|url=https://www.theguardian.com/world/2010/dec/16/wikileaks-cables-indian-torture-kashmir | location=London | work=The Guardian | first=Jason | last=Burke | title=WikiLeaks cables: India accused of systematic use of torture in Kashmir | date=16 December 2010}}</ref><ref>{{cite web|url=https://www.theguardian.com/world/us-embassy-cables-documents/30222|title=US embassy cables: Red Cross clashes with India over treatment of detainees|publisher=The Guardian|date=16 December 2010|accessdate=6 December 2014}}</ref> | |||
| Research scholar Mozammel Haque states that India has committed a ] of Kashmiri Muslims to quell their uprising.<ref>{{Cite journal|last=Haque|first=Mozammel|date=1991|title=Muslim Kashmir Facing Genocide|url=http://www.jstor.org/stable/41393911|journal=Pakistan Horizon|volume=44|issue=3|pages=48|doi=10.2307/41393911}}</ref> In a 1993 report, ] stated that Indian security forces "assaulted civilians during search operations, tortured and summarily executed detainees in custody and murdered civilians in reprisal attacks"; according to the report, militants had also targeted civilians, but to a lesser extent than security forces. Rape was regularly used as a means to "punish and humiliate" communities.<ref name="HRW-935">{{cite web|title=Rape in Kashmir: A Crime of War|url=https://www.hrw.org/sites/default/files/reports/INDIA935.PDF|publisher=]|year=1993|accessdate=21 July 2012}}</ref> Scholar Seema Kazi says it is used as a weapon of war by the state against the population.<ref>Kazi, Seema. ''Between democracy and nation: Gender and militarisation in Kashmir''. Diss. London School of Economics and Political Science (United Kingdom), 2008.</ref> A 2010 US state department report stated that the Indian army in Jammu and Kashmir had carried out ]s of civilians and suspected insurgents. The report also described killings and abuse being carried out by insurgents and ].<ref name="USgov2010">{{cite web|url=https://www.state.gov/j/drl/rls/hrrpt/2010/sca/154480.htm |title=2010 Human Rights Reports: India |publisher=State.gov |accessdate=2012-03-10}}</ref> In 2010, statistics presented to the Indian government's ] showed that for the first time since the 1980s, the number of civilian deaths attributed to the Indian forces was higher than those attributed to insurgents' actions.<ref>{{cite news|url=http://articles.timesofindia.indiatimes.com/2010-09-07/india/28239581_1_crpf-personnel-security-forces-afspa|title=For the first time, security men kill more civilians than terrorists in J&K|work=]|date=7 September 2010|accessdate=29 June 2012}}</ref> The Indian Army claims that 97% of the reports about the human rights abuse have been found to be "fake or motivated" based on the investigation performed by the Army.<ref name="DNA">{{cite news|title=Why Kashmiris want the hated AFSPA to go|url=http://www.dnaindia.com/india/report_why-kashmiris-want-the-hated-afspa-to-go_1615040|accessdate=15 September 2012|newspaper=Daily News Analysis}}</ref> However, a report by the US State Department said, "Indian authorities use Armed Forces Special Powers Act (AFSPA) to avoid holding its security forces responsible for the deaths of civilians in Jammu and Kashmir."<ref>{{Cite web|url=http://www.greaterkashmir.com/news/front-page/india-uses-afspa-to-obscure-civilian-killings-in-kashmir-us-report/214789.html|title=India uses AFSPA to obscure civilian killings in Kashmir: US Report|website=www.greaterkashmir.com|access-date=2016-04-15}}</ref> | |||
| Militant violence led by the ] has caused ethnic cleansing of several hundred thousands of ], who before their exodus comprised an estimated 3% of the ]'s population.<ref name="Forsythe">{{citation|last=Tolley|first=Howard B., Jr.|title=Encyclopedia of Human Rights, Volume 3|url=https://books.google.com/books?id=1QbX90fmCVUC&pg=RA2-PA306&dq=encyclopedia+of+human+rights+jklf&hl=en&sa=X&ved=0CBoQ6AEwAGoVChMI1OqE_uf5yAIVxiOUCh38wQvs#v=onepage&q=encyclopedia%20of%20human%20rights%20jklf&f=false|year=2009|page=306|chapter=Kashmir|location=New York|publisher=Oxford University Press|editor=David P Forsythe|isbn=978-0-19-533402-9|accessdate=23 September 2012}}</ref> According to ], the militant organisations forced the Hindus residing in the Kashmir valley to flee and become refugees in Delhi and Jammu. There is controversy regarding whether the P]s left due to fear of violence or were encouraged by the government to leave in order to undermine the support for militant movements.<ref>Asia Watch, Kashmir Under Siege (May 1991), pp.147–151</ref> It is alleged that Kashmiri militants have been assisted and supported by Pakistan's ] (ISI). The chief perpetrators were the ] and the ]. Ethnic cleansing continued till a vast majority of the ] were evicted out of the valley after having suffered many acts of violence, including sexual assault on women, arson, torture and extortion of property.<ref name="Rnews" /><ref name="Forsythe" /> Some of the separatist leaders in Kashmir reject these allegations. The Indian government is attempting to reinstate the displaced Pandits in Kashmir. The remnants of Kashmiri Pandits have been living in ], but most of them believe that, until the violence ceases, returning to Kashmir is not an option.<ref name="BBCuk" /> | |||
| ==Indian Armed Forces== | |||
| Thousands of Kashmiris have been reported to be killed by Indian security forces in custody, extrajudicial executions and enforced disappearances and these human right violations are said to be carried out by Indian security forces under total impunity.<ref>{{cite web|url=https://www.amnesty.org/en/library/asset/ASA20/022/2002/en/97c3d0a6-d779-11dd-b024-21932cd2170d/asa200222002en.html |title=Document – India: Jammu/Kashmir government should implement human rights program | Amnesty International |publisher=Amnesty.org |date=27 October 2002 |accessdate=2012-10-01}}</ref><ref>http://lib.ohchr.org/HRBodies/UPR/Documents/session13/IN/JS22_UPR_IND_S13_2012_JointSubmission22_E.pdf</ref> Civilians including women and children have been killed in "reprisal" attacks by Indian security forces. International NGO's as well as the US State Department have documented human rights abuses including disappearances, torture and arbitrary executions carried out during India's counter-terrorism operations.<ref name="Forsythe"/> | |||
| United Nations has expressed serious concerns over large number of killings by Indian security forces.<ref>Report of the Special Rapporteur on extrajudicial, summary and arbitrary executions, E/CN.4/1994/7, paragraph 327</ref> Human Rights groups have also accused the Indian security forces of using ],<ref>{{cite web|author=United Nations High Commissioner for Refugees |url=http://www.unhcr.org/refworld/country,,CSCOAL,,IND,,498805f12d,0.html |archive-url=https://archive.is/20130416031510/http://www.unhcr.org/refworld/country,,CSCOAL,,IND,,498805f12d,0.html |dead-url=yes |archive-date=16 April 2013 |title=Refworld | Child Soldiers Global Report 2001 – India |publisher=UNHCR |date=19 February 1997 |accessdate=2013-02-23 }}</ref> although the Indian government denies this allegation.<ref name="Hartjen" /><ref group="note">The Indian Government claims that even though children can join the armed forces, they are not formally enrolled into regular service before the age of 18. In Jammu and Kashmir, the Indian army has armed local Village Defence Committees (VDC) – primarily Hindus – in Doda, Udhampur and the border districts to assist security forces in anti-insurgency operations.(HRW, Behind the Kashmir Conflict: Abuses by Indian Security Forces and Militant Groups Continue, op. cit.; Bukhari, S., "Militants kill 19 in Jammu", The Hindu, 21 July 1999.) So far more than 15,000 inhabitants, reportedly including teenagers, have joined these self-defence groups.("Jammu & Kashmir: the new vigilantes: despite lack of proper training and sophisticated arms, Village Defence Committees are proving invaluable in the fight against militancy in the state", India Today, 11 October 1999.) <br> | |||
| <br> | |||
| At the Asia-Pacific Conference on the Use of Children as Soldiers in May 2000 the representative of the state government of Jammu and Kashmir denied the involvement of children in VDCs. He acknowledged that there may have been some instances of young boys taking up arms to defend themselves under attack, but that there was "no policy to encourage young boys to become members of the Village Defence Committees."</ref> Torture, widely used by Indian security sources, whose severity is described as beyond comprehension by Amnesty International, has been responsible for the huge number of deaths in custody.<ref>https://www.amnesty.org/en/library/asset/ASA20/033/1995/en/28f7013b-f893-11dd-b378-7142bfbe1838/asa200331995en.pdf</ref> | |||
| ], citing a WikiLeaks report, quotes the International Committee of the Red Cross (ICRC) that Indian security forces were physically abusing detainees with beatings, electrocutions and sexual interference. These detainees weren't Islamic insurgents or Pakistani-backed insurgents but civilians, in contrast to India's continual allegations of Pakistani involvement. The detainees were "connected to or believed to have information about the insurgents". According to ICRC, 681 of the 1296 detainees whom it interviewed claimed torture. US officials have been quoted reporting "terrorism investigations and court cases tend to rely upon confessions, many of which are obtained under duress if not beatings, threats, or in some cases torture."<ref name="Telegraph-20101217">{{cite news |url=http://www.telegraph.co.uk/news/worldnews/wikileaks/8208084/WikiLeaks-India-systematically-torturing-civilians-in-Kashmir.html |title=WikiLeaks: India 'systematically torturing civilians in Kashmir'|last=Allen|first=Nick|date=17 December 2010 |website=telegraph.co.uk|publisher=Telegraph Media Group Limited|accessdate=11 March 2012|location=London}}</ref> | |||
| Amnesty International accused security forces of exploiting the ] (AFSPA) that enables them to "hold prisoners without trial". The group argues that the law, which allows security to detain individuals for as many as two years "without presenting charges, violating prisoners’ human rights".<ref>{{cite web|last=Huey |first=Caitlin |url=https://www.usnews.com/news/articles/2011/03/28/amnesty-international-cites-human-rights-abuse-in-kashmir |title=Amnesty International Cites Human Rights Abuse in Kashmir |publisher=Usnews.com |date=28 March 2011 |accessdate=2012-10-01}}</ref> The Army sources maintain that "any move to revoke AFSPA in Jammu and Kashmir would be detrimental to the security of the Valley and would provide a boost to the terrorists."<ref>{{Cite news|url=http://timesofindia.indiatimes.com/india/Army-opposes-Omars-plans-to-revoke-AFSPA-Report/articleshow/4197012.cms|title=Army opposes Omar's plans to revoke AFSPA: Report - Times of India|work=The Times of India|access-date=2017-05-06}}</ref> | |||
| Former ] ] rejected the accusations that the action was not taken in the cases of human rights violations by Army personnel. On 24 October 2010, he has said that 104 Army personnel had been punished in Jammu and Kashmir in this regard, including 39 officers. He also said that 95% of the allegations of human rights abuses against Indian Army were proved to be false, of which he remarked, had apparently been made with the "ulterior motive of maligning the armed forces". Going into details, he said: 'since 1994, 988 allegations against the Army personnel were received in Jammu and Kashmir. Out of these, 965 cases were investigated in which 940 were found to be untrue, accounting for 95.2%, leaving only 25 genuine allegations.'<ref>{{Cite news|url=http://www.dnaindia.com/india/report-104-armymen-punished-for-human-rights-violations-in-jk-gen-vk-singh-1457257|title=104 armymen punished for human rights violations in JK: Gen VK Singh {{!}} Latest News & Updates at Daily News & Analysis|date=2010-10-24|work=dna|access-date=2017-04-24|language=en-US}}</ref> However, according to Human Rights Watch, the military courts in India, in general, were proved to be incompetent to deal with cases of serious human rights abuses and were responsible in covering up evidence and protecting the involved officers.<ref name=":11">{{Cite web|url=https://www.hrw.org/legacy/about/projects/womrep/General-42.htm|title=Rape by Security Forces: The Pattern of Impunity|last=|first=|date=|website=www.hrw.org|access-date=2017-05-01}}</ref> Amnesty International in its report in 2015, titled ''“Denied”-Failures in Accountability in Jammu and Kashmir'', says, "...with respect to investigations, an inquiry that is conducted by the same authority accused of the crime raises serious questions about the independence and impartiality of those proceedings”, adding that according to the international law, an independent authority that is not involved in the alleged violations has to investigate such crimes.<ref>{{Cite web|url=http://kashmirreader.com/2016/09/03/96-complaints-against-army-rejected-by-goi-under-colonial-afspa-amnesty/|title=96% complaints against army rejected by GoI under ‘colonial’ AFSPA: Amnesty|last=Correspondent|first=Reader|date=2016-09-03|website=Kashmir Reader|access-date=2017-05-01}}</ref> | |||
| In the later revelations on 24 September 2013 made by General V. K. Singh, he said that the state politicians of Jammu and Kashmir are funded by an Army secret service to keep the general public at calm and this activity is there since the partition.<ref>{{cite web|url=http://articles.timesofindia.indiatimes.com/2013-09-24/india/42359670_1_gen-vk-singh-v-k-singh-former-army-chief|title=Paying ministers nothing new in J&K, former Army chief Gen VK Singh|publisher=indiatimes.com|accessdate=2013-10-11}}</ref><ref>{{cite web|url=http://www.greaterkashmir.com/news/news/jk-ministers-on-army-payroll-gen-singh/155853.html|title=JK ministers on Army payroll: Gen Singh|publisher=greaterkashmir.com|accessdate=2013-10-09}}</ref> | |||
| ===Indian Army=== | |||
| The soldiers of the 4th ] of the ] on 23 February 1991 launched a search operation in a village ], in the ] of Jammu and Kashmir and allegedly gang raped 53 women of all ages.<ref name="Joshi1999">{{cite book|author=Manoj Joshi|title=The Lost Rebellion|url=https://books.google.com/books?id=pS5uAAAAMAAJ|date=January 1999|publisher=Penguin Books|isbn=978-0-14-027846-0}}</ref>{{rp|490}} Later, interviews of victims and eyewitnesses were documented into a short film '']'' which was prevented from being broadcast.<ref>{{cite video | people = Billal A. Jan (Director) |url=https://www.youtube.com/watch?v=foe-6ePl75I&feature=youtube_gdata_player | title = Ocean of Tears (Excerpt) | medium = Youtube | publisher = PSBTIndia | location = Jammu and Kashmir |year = 2012 }}</ref><ref>{{cite web|url=http://english.samaylive.com/nation-news/676520296/bilal-bhat-special-correspondent-movie-srinagar-jammu-kashmir-na.html|title=A documentary movie on Kashmir lands in controversy|publisher=english.samaylive.com|accessdate=2014-05-17}}</ref> Nevertheless, the Indian committee that led a thorough investigation concluded that the allegations were "grossly exaggerated" and the Kunan rape story was "a massive hoax orchestrated by militant groups and their sympathisers and mentors in Kashmir and abroad as a part of sustained and cleverly contrived strategy of psychological warfare and as an entry point for re-inscribing Kashmir on the International Agenda as a Human rights issue."<ref>. Lancer International. December 1991. pp. 12. {{ISBN|8170621526}}.</ref> However, Human Rights organisations including ] have reported that the number of raped women could be as high as 100.<ref>{{cite book|author=Abdul Majid Mattu|title=Kashmir issue: a historical perspective|url=https://books.google.com/books?id=AjxuAAAAMAAJ|year=2002|publisher=Ali Mohammad & Sons}}</ref><ref name="abdication">{{cite book|title=Abdication of Responsibility: The Commonwealth and Human Rights|url=https://books.google.com/books?id=_QTz5PCDvjEC|year=1991|publisher=Human Rights Watch|isbn=978-1-56432-047-6|pages=13–20}}</ref><ref>{{cite book|author1=James Goldston|author2=Patricia Gossman|title=Kashmir Under Siege: Human Rights in India|url=https://books.google.com/books?id=jrGwSsSchRUC&pg=PA88|year=1991|publisher=Human Rights Watch|isbn=978-0-300-05614-3|pages=88–91}}</ref> The Indian Army has also harmed the health care system in the valley. Major hospitals in Kashmir have experienced crackdowns and army men have even entered the operation theatres in search of insurgents.<ref name="violations in kashmir">{{cite book | others = Asia Watch Committee (U.S.), Human Rights Watch (Organization), Physicians for Human Rights (U.S.) | title=The Human Rights Crisis in Kashmir: A Pattern of Impunity |url=https://books.google.com/books?id=X0QQx5ObGysC&pg=PA115&dq=kashmir+patients,Ambulances+%22+(Asia+Watch,+May+1991)&output=html_text&cd=2 | accessdate=11 September 2012 | year=1993 | publisher=Human Rights Watch, 1993 | isbn= 9781564321046 | page=-115, 116}}</ref> | |||
| ===Border Security Force=== | |||
| On 22 October 1993, the 13th Battalion of the Border Security Forces was accused of arbitrarily firing on a crowd and killing 37 civilians in ]<ref name="timesofindia.indiatimes.com">Siddharth Varadarajan and Manoj Joshi, The Times of India, India, 21 April 2002</ref><ref name="Massacre: 22 October 1993">{{cite web|url=http://www.kashmiraffairs.org/bijbehara%20massacre%20all.html|title=Bijbehara Massacre: 22 October 1993|last=Shibli|first=Murtaza|publisher=Kashmir Affairs|accessdate=11 September 2012|deadurl=yes|archiveurl=https://web.archive.org/web/20111001142151/http://www.kashmiraffairs.org/bijbehara%20massacre%20all.html|archivedate=1 October 2011|df=dmy-all}}</ref> The number of reported dead and wounded vary by source. ] reported that at least 51 people died and 200 were wounded on that day.<ref name="Amnesty International Report 2004">{{cite web|url=http://www.unhcr.org/refworld/docid/3ae6a9f56e.html|title=''Amnesty International Report 1994 – India''|date=1 January 1994|publisher=Amnesty International|accessdate=11 September 2012}}</ref> | |||
| The Indian government conducted two official enquiries and the ] (NHRC) conducted a third. In March 1994 the government indicted the Border Security Force (BSF) for firing into the crowd "without provocation" and charged 13 BSF officers with murder.<ref name="timesofindia.indiatimes.com"/> In another incident which took place at ] on 25 January 1990, 9 protesters were killed by the same unit.<ref>{{cite book |title=Kashmir under siege: Human rights in India |last1=Goldston |first1=James |last2=Gossman |first2=Patricia |publisher=Human Rights Watch |isbn=0300056141 |page=59 |accessdate=11 September 2012 |url=https://books.google.com/books?id=jrGwSsSchRUC&pg=PA59&lpg=PA59&dq=On+January+25,+1990,+the+security+forces+opened+fire+on+a+large+group&source=bl&ots=cCJ-_doXko&sig=aNZCzLEAmolztY4A3tmemBitPuM&hl=en&sa=X&ei=snpGUJmNMYni2QXB9oDQDA&ved=0CC8Q6AEwAA#v=onepage&q=On%20January%2025%2C%201990%2C%20the%20security%20forces%20opened%20fire%20on%20a%20large%20group&f=false}}</ref> | |||
| ===Central Reserve Police Force=== | |||
| During the ] more than 40 unarmed protesters were killed by the personnels of Central Reserve Police Force.<ref>{{cite web|url=http://www.bbc.co.uk/worldservice/news/2008/10/081016_kashmir_arney_dm.shtml |title=BBC World Service – News – Non-violent protest in Kashmir |publisher=Bbc.co.uk |date=14 October 2008 |accessdate=2010-09-11}}</ref><ref>{{cite news|url=http://news.bbc.co.uk/2/hi/south_asia/7600982.stm |title=South Asia | Top Kashmir separatists detained |publisher=BBC News |date=5 September 2008 |accessdate=2010-09-11}}</ref> At least 300 were detained under Public Safety Act, including teenagers.<ref>{{cite web|url=http://newsblaze.com/story/20080906092021kash.nb/topstory.html |title=After Uprising, 300 Protestors Arrested in Indian Kashmir |publisher=Newsblaze.com |date=6 September 2008 |accessdate=2010-09-12}}</ref> The same practice was again repeated by the personnels of the Central Reserve Police Force, during the ], which resulted in 112 deaths, including many teenager protesters at various incidents.<ref name="Reuters20100930">{{cite news|url=http://in.reuters.com/article/idINIndia-51833120100929|title=India to free protesters in Kashmir peace move|date=30 September 2010|publisher=Reuters|accessdate=11 September 2012}}</ref> | |||
| ===Special Operations Group=== | |||
| The ] was raised in 1994 for counter-terrorism. A volunteer force, mainly came for promotions and cash rewards, comprising police officers and policemen from the ].<ref>{{cite web|url=http://www.uttaranchalpolice.com/ncwp/diss_5.htm|title=Special Operations Group|publisher=uttaranchalpolice.com|accessdate=2012-09-11}}</ref> The group is accused of torture and costodial killings.<ref>{{cite web|url=http://indiatoday.intoday.in/story/j&k-locals-protest-custodial-death-sopore-tense/1/146709.html|title=J&K: Sopore protests death of youth in police custody|publisher=indiatoday|accessdate=2012-09-11}}</ref> A Senior Superintendent of this group and his deputy are among the 11 personnels, who were convicted for a fake encounter, which killed a local carpenter, and was labelled as a millitant to get the promotions and rewards.<ref>{{cite web|url=http://indianexpress.com/news/%22azad-orders-probe-into-padroos-killing%22/22251/|title=Azad orders probe into Padroo’s killing|publisher=indianexpress|accessdate=2012-09-11}}</ref><ref>{{cite web|url=http://kashmirwatch.com/humanrights.php/2011/07/16/ganderbal-fake-encounter-case.html |title=Ganderbal Fake encounter case |publisher=kashmirwatch |accessdate=2012-09-11 |deadurl=yes |archiveurl=https://web.archive.org/web/20130405040713/http://kashmirwatch.com/humanrights.php/2011/07/16/ganderbal-fake-encounter-case.html |archivedate=5 April 2013 |df=dmy-all }}</ref> | |||
| === Armed Forces (Special Powers) Act, 1958 === | |||
| {{Further information|Armed Forces (Special Powers) Act}} | |||
| In July 1990 Indian Armed Forces were given special powers under an ] (AFSPA) that gives protection to Indian Armed Forces personnel from being prosecuted. The law provides them a shield, when committing human rights violations and has been criticised by Human Rights Watch as being wrongly used by the forces.<ref> ] retrieved 11 September 2012</ref> This law is widely condemned by human rights groups.<ref name="AI Press Release Feb 2012">{{cite web|url=https://www.amnesty.org/en/latest/news/2012/02/india-security-forces-cannot-claim-immunity-under-afspa-must-face-trial-violations/|title=India: Security forces cannot claim immunity under AFSPA, must face trial for violations|last=|first=|date=|website=|publisher=Amnesty International|accessdate=7 March 2012}}</ref><ref name="TrustLaw">{{cite web|url=http://news.trust.org//item/20120307023000-i7m26/|title=Mass Rape Survivors Still Wait for Justice in Kashmir|last=|first=|date=|website=|publisher=Thomson Reuters Foundation|accessdate=7 March 2012}}</ref> United Nations ] ] has urged India to repeal AFSPA and to investigate the disappearances in Kashmir.<ref name="Navi Pillay">{{cite web|title=India has duty to use global influence to speak out on human rights|url=https://www.un.org/apps/news/story.asp?NewsID=30280&Cr=india&Cr1=human+rights|publisher=United Nations News Service|accessdate=7 March 2012}}</ref> | |||
| {{quote|“All three special laws in force in the state assist the government in shielding the perpetrators of human rights violations from prosecution, and encourage them to act with impunity. Provisions of the Armed Forces (Jammu and Kashmir) Special Powers Act clearly contravene international human rights standards laid down in the International Covenant on Civil and Political Rights, as members of the UN Human Rights Committee have pointed out. One Committee member felt that provisions of the act – including immunity from prosecution – were highly dangerous and encouraged violations of the right to life“.|A clipping from a report published by the Amnesty International, 1995.<ref name="amnesty.org"/> | |||
| }} | |||
| {{quotation|According to the Armed Forces Special Powers Act (AFSPA), in an area that is proclaimed as "disturbed", an officer of the armed forces has powers to:<ref name=afspa> {{webarchive|url=https://web.archive.org/web/20081001190813/http://mha.nic.in/pdfs/Armed%20forces%20_J%26K_%20Spl.%20powers%20act%2C%201990.pdf |date=1 October 2008 }} Indian Ministry of Law and Justice Published by the Authority of New Delhi</ref> | |||
| *Fire upon or use other kinds of force even if it causes death, against the person who is acting against law or order in the disturbed area for the maintenance of public order, after giving such due warning. | |||
| *Destroy any arms dump, prepared or fortified position or shelter or training camp from which armed attacks are made by the armed volunteers or armed gangs or absconders wanted for any offence | |||
| *To arrest without a warrant anyone who has committed cognizable offences or is reasonably suspected of having done so and may use force if needed for the arrest. | |||
| *To enter and search any premise in order to make such arrests, or to recover any person wrongfully restrained or any arms, ammunition or explosive substances and seize it. | |||
| *Stop and search any vehicle or vessel reasonably suspected to be carrying such person or weapons. | |||
| *Any person arrested and taken into custody under this Act shall be made over to the officer in charge of the nearest police station with the least possible delay, together with a report of the circumstances occasioning the arrest. | |||
| *Army officers have legal immunity for their actions. There can be no prosecution, suit or any other legal proceeding against anyone acting under that law. Nor is the government's judgment on why an area is found to be disturbed subject to judicial review. | |||
| *Protection of persons acting in good faith under this Act from prosecution, suit or other legal proceedings, except with the sanction of the Central Government, in exercise of the powers conferred by this Act.<ref name=afspa/>}} | |||
| === Massacres === | |||
| {{Further information|List of massacres in Jammu and Kashmir}} | |||
| The Indian Army is also accused of many massacres. Some of them include: | |||
| ]: On 21 January 1990, 51 civilians were killed by CRPF troopers during protests against earlier raids in which wanton arrests and molestation of women were conducted by CRPF troops.<ref>Wani, Arif Shafi (20 January 2014). . ''Greater Kashmir''.</ref> | |||
| ]: On January 25, 1990, two BSF patrolling parties in Handwara indiscriminately fired at peaceful protesters and killed 25 people. Many people were injured.<ref>{{Cite web|url=http://kashmirreader.com/2014/01/25/january-25-1990-when-bsf-gunned-down-25-in-handwara/|title=January 25, 1990: When BSF gunned down 25 in Handwara|last=Ahmed|first=Mushtaq|date=2014-01-25|website=Kashmir Reader|access-date=2017-04-17}}</ref> | |||
| ]: Indian forces killed 33 protesters and injured 47 on 1 March 1990 at Zakoora Crossing and Tengpora Bypass Road in Srinagar. The killers were not punished.<ref>{{Cite news|url=http://www.greaterkashmir.com/news/news/zakura-tengpora-carnages-haunt-survivors/47916.html|title=Zakura, Tengpora carnages haunt survivors|last=Aslam|first=Faheem|date=1 March 2009|work=Greater Kashmir|access-date=}}</ref> | |||
| Hawal massacre: At the funeral of ] on May 21, 1990 over 60 civilians were killed by paramilitary forces and hundreds injured in the indiscriminate firing on the funeral procession.<ref>{{Cite news|url=http://m.greaterkashmir.com/news/kashmir/hawal-massacre-anniversary-it-was-hell-saw-paramilitary-men-firing-with-machine-guns-on-civilians/186931.html|title=Hawal massacre anniversary: 'It was hell; saw paramilitary men firing with machine guns on civilians’|last=Wani|first=Arif Shafi|date=20 May 2015|work=Greater Kashmir|access-date=}}</ref> | |||
| ]: On 6 January 1993 Indian troops killed 55 civilians in the town of Sopore and set fire to many homes and buildings.<ref>{{Cite news|url=http://www.greaterkashmir.com/news/kashmir/story/206200.html|title=23-years on, Sopore massacre still haunts survivors|last=Muhammad|first=Ghulam|date=5 January 2016|work=Greater Kashmir|access-date=}}</ref> | |||
| ]: On 22 October 1993 the Indian Army killed 51 civilians during protests over the siege of the Hazratbal Mosque. 25 of those killed were students None of the accused were punished.<ref>{{Cite news|url=https://kashmirobserver.net/2016/local-news/23-years-bijbehara-massacreguilty-yet-be-punished-11333|title=23 years of Bijbehara Massacre:‘Guilty yet to be punished’|date=2016-10-23|work=Kashmir Observer|access-date=2017-04-17|language=en}}</ref> | |||
| ]: On 27 January 1994 the Indian Army fired at and killed 27 civilians, mainly traders, in Kupwara district. Survivors say that the soldiers carried out the massacre to punish people for observing shutdown on January 26.<ref>{{Cite news|url=http://www.greaterkashmir.com/news/kashmir/1994-kupwara-massacre-27-civilians-shot-dead-for-observing-shutdown-on-jan-26/207913.html|title=1994 Kupwara Massacre: 27 civilians shot dead for ‘observing shutdown on Jan 26’|last=Rafiq|first=Shahid|date=26 January 2016|work=Greater Kashmir|access-date=}}</ref> | |||
| === Fake encounters === | |||
| Hundreds of civilians including women and children have reportedly been extrajudicially executed by Indian security forces and the killings are concealed as fake encounters.<ref name="amnesty.org">https://www.amnesty.org/en/library/asset/ASA20/002/1995/en/42cb86f1-1ffe-4b90-a12d-c3f6f03b164d/asa200021995en.pdf</ref> Despite government denial, Indian security officials have reportedly confessed to Human Rights Watch of the widespread occurrence of fake encounters and its encouragement for awards and promotions<ref name="hrw.org">{{cite web|author=Brad Adams, Asia director at Human Rights Watch |url=https://www.hrw.org/news/2007/02/14/india-investigate-all-disappearances-kashmir |title=India: Investigate All ‘Disappearances’ in Kashmir | Human Rights Watch |publisher=Hrw.org |date=16 February 2007 |accessdate=2012-10-01}}</ref> According to a BBC interview with an anonymous security person, 'fake encounter' killings are those in which security personnel kill someone in cold blood while claiming that the casualty occurred in a gun battle. It also asserts that the security personnel are Kashmiris and "even surrendered militants".<ref>{{cite news|url=http://news.bbc.co.uk/1/hi/world/south_asia/6367917.stm |title=South Asia | Kashmir's extra-judicial killings |publisher=BBC News |date=8 March 2007 |accessdate=2012-03-10}}</ref> | |||
| In 2010 three men were reported missing proceeding these missing reports 3 men claimed to be militants were killed in a staged gun battle the army also claimed they had found Pakistani currency among the dead. The major was subsequently suspended and a senior soldier transferred from his post.<ref>{{cite news|last=Hussain |first=Altaf |url=http://www.bbc.co.uk/news/10400074 |title=BBC News – 'Fake killings' return to Kashmir |publisher=Bbc.co.uk |date=28 June 2010 |accessdate=2012-03-10}}</ref> In 2011, a Special Police Officer and an Indian Army ] were charged by the Kashmir police for murder of a civilian whom the duo had killed in an encounter claiming that he was a top ] militant.<ref name="deccan-Let-fake">{{cite news|title=SPO, jawan arrested for fake encounter in Kashmir, victim 'civilian' |url=http://www.deccanchronicle.com/channels/nation/north/spo-jawan-arrested-fake-encounter-kashmir-victim-civilian-287 |accessdate=21 July 2012 |newspaper=] |date=8 August 2011 |deadurl=yes |archiveurl=https://web.archive.org/web/20110809061202/http://www.deccanchronicle.com/channels/nation/north/spo-jawan-arrested-fake-encounter-kashmir-victim-civilian-287 |archivedate=9 August 2011 |df=dmy-all }}</ref> | |||
| ===Disappearances=== | |||
| Indian security forces have been implicated in many reports for ] of thousands of Kashmiris whereas the security forces deny having their information and/or custody. This is often in association with torture or extrajudicial killing. The extent of male disappearances has been so large that a new term "]s" has been created for their wives who end up with no information of their husbands' whereabouts. Human right activists estimate the number of disappeared to be over eight thousand, last seen in government detention.<ref name="amnesty.org"/><ref name="hrw.org"/><ref>{{cite web|author=Human Rights Watch |url=https://www.hrw.org/print/reports/2006/09/11/everyone-lives-fear-0 |title=Everyone Lives in Fear |publisher=Hrw.org |date=11 September 2006 |accessdate=2012-10-01}}</ref> The disappeared are believed to be dumped in thousands of mass graves across Kashmir.<ref>{{cite web|url=https://www.hrw.org/world-report/2009/india |title=India | Human Rights Watch |publisher=Hrw.org |accessdate=2012-10-01}}</ref><ref>{{Cite news|url=http://www.thehindu.com/news/national/Mass-graves-found-in-North-Kashmir-containing-2900-unmarked-bodies/article16851202.ece|title=Mass graves found in North Kashmir containing 2,900 unmarked bodies|last=Bukhari|first=Shujaat|work=The Hindu|access-date=2017-04-22|language=en}}</ref><ref>{{Cite news|url=http://www.bbc.com/news/world-south-asia-14660253|title=Kashmir graves: Human Rights Watch calls for inquiry|date=2011-08-25|work=BBC News|access-date=2017-04-22|language=en-GB}}</ref><ref>{{Cite web|url=https://www.amnesty.org.au/news/comments/11808/|archive-url=https://web.archive.org/web/20080830095509/http://www.amnesty.org.au/news/comments/11808/|dead-url=yes|archive-date=2008-08-30|title=India must investigate unidentified graves, News, Amnesty International Australia|date=2008-08-30|access-date=2017-04-22}}</ref><ref name=":5"> A preliminary report; '']''</ref> | |||
| ====Mass graves==== | |||
| Mass graves have been identified all over Kashmir by human right activists believed to contain bodies of thousands of Kashmiris of enforced disappearances.<ref name="ReferenceA">{{cite web|url=https://www.hrw.org/news/2011/08/24/india-investigate-unmarked-graves-jammu-and-kashmir |title=India: Investigate Unmarked Graves in Jammu and Kashmir | Human Rights Watch |publisher=Hrw.org |date=24 August 2011 |accessdate=2012-10-01}}</ref><ref name=":5" /> A ] inquiry in 2011, has confirmed there are thousands of bullet-ridden bodies buried in unmarked graves in Jammu and Kashmir. Of the 2730 bodies uncovered in 4 of the 14 districts, 574 bodies were identified as missing locals in contrast to the Indian governments insistence that all the graves belong to foreign militants<ref name="ReferenceA"/><ref>{{cite news|last=LYDIA POLGREEN|title=Mass Graves Hold Thousands, Kashmir Inquiry Finds|url=https://www.nytimes.com/2011/08/23/world/asia/23kashmir.html|newspaper=NYTimes|date=22 August 2011}}</ref> According to ] submitted by ] and his field workers in 2011, the total number of unmarked graves was more than 6,000.<ref name="guardian.co.uk">{{cite news|url=https://www.theguardian.com/world/2012/jul/09/mass-graves-of-kashmir | location=London | work=The Guardian | first=Cathy | last=Scott-Clark | title=The mass graves of Kashmir | date=9 July 2012}}</ref> | |||
| ===Extrajudicial killings by security personnel=== | |||
| In a 1994 report, ] described summary executions of detainees as a "hallmark" of counter-insurgency operations by Indian security forces in Kashmir. The report further stated that such ]s were often administered within hours of arrest, and were carried out not as aberrations but as a "matter of policy".<ref name=HRW498>{{cite web|title=Continuing Repression in Kashmir|url=https://www.hrw.org/sites/default/files/reports/INDIA948.PDF|publisher=]|accessdate=21 July 2012|year=1994}}</ref> In a 1995 report, ] stated that hundred of civilians had been victims of such killings, which were often claimed by officers as occurring during "encounters" or "cross-fire".<ref name=ASA1995>{{cite web|title=Summary of Human Rights Concerns in Jammu and Kashmir|url=https://www.amnesty.org/en/library/asset/ASA20/002/1995/en/42cb86f1-1ffe-4b90-a12d-c3f6f03b164d/asa200021995en.pdf|publisher=]|accessdate=21 July 2012|year=1995}}</ref> | |||
| ===Torture=== | |||
| Indian security forces and police have been accused of the systematic use of torture. US officials first showed concern regarding the widespread use of torture in 2007 where they presented evidence to Indian diplomats.<ref name=":2">{{cite web|url=https://www.theguardian.com/world/2010/dec/16/wikileaks-cables-indian-torture-kashmir#comments|title=WikiLeaks cables: India accused of systematic use of torture in Kashmir|last=Burke|first=Jason|date=16 December 2010|publisher=|via=The Guardian}}</ref><ref name=":3">{{cite web|url=https://www.theguardian.com/world/2015/sep/12/indian-forces-kashmir-accused-human-rights-abuses-coverup|title=Indian forces in Kashmir accused of human rights abuses cover-up|last=Burke|first=Jason|date=11 September 2015|publisher=|via=The Guardian}}</ref><ref name=":4" /> | |||
| In 2012, human rights lawyer ] and his field workers commenced the first statewide study of torture in Kashmir and his report concluded that torture in Kashmir is both endemic and systematic. The report suggests that one in six Kashmiris have faced torture. In Imroz's study sample of 50 villages, more than 2,000 extreme cases of torture were identified and documented, where he found that there were 50 centers run by the army and paramilitaries where torture is practised since 1989.<ref name=":4">{{Cite news|url=https://www.theguardian.com/world/2012/jul/09/mass-graves-of-kashmir|title=The mass graves of Kashmir|last=Scott-Clark|first=Cathy|date=2012-07-09|work=The Guardian|access-date=2017-04-17|language=en-GB|issn=0261-3077}}</ref> | |||
| === Sexual violence === | |||
| {{Main article|Rape in the Kashmir conflict}} | |||
| Though both security forces and militants are guilty of rape, according to scholar Seema Kazi and Jeffrey Kenney, rape by the former outstrips the latter in both scale and frequency.<ref>Kazi, Seema. . ''Oxford Islamic Studies Online''. Oxford University Press. <q>Sordid and gruesome as the militant record of violence against Kashmiri women and civilians is, it does not compare with the scale and depth of abuse by Indian State forces for which justice has yet to be done.</q></ref><ref name=":1">Kazi, Seema. "." ''Socio-Legal Rev.'' 10 (2014): 21-23.</ref><ref name="Kenney2013">{{cite book|url=https://books.google.com/books?id=gTptAAAAQBAJ&pg=PA156|title=Islam in the Modern World|first=|date=15 August 2013|publisher=Routledge|year=|isbn=978-1-135-00795-9|location=|pages=156–|quote=Studies on women's lives in contemporary Kashmir show how nationalist resistance has been heightened due to the sexual assaults, displacements and loss of life suffered by Kashmiri women, primarily at the hands of Indian security forces.|author=Jeffrey T. Kenney}}</ref> Rape is said to have been used as a weapon of war against the Kashmiri population.<ref> (PDF). ''Asia Watch & Physicians for Human Rights A Division of Human Rights Watch''. '''5''' (9): 6.</ref><ref name="Frederick2001">{{cite book|url=https://books.google.com/books?id=gU-6CgAAQBAJ&pg=PT101|title=Rape: Weapon of Terror|publisher=World Scientific|year=2001|isbn=978-981-4350-95-2|pages=101–|author=Sharon Frederick}}</ref><ref name=":42" /> The frequent rape of Kashmiri Muslim women by Indian state security forces routinely goes unpunished.<ref name="BakshHarcourt2015">{{cite book|url=https://books.google.com/books?id=SupcBgAAQBAJ&pg=PA683|title=The Oxford Handbook of Transnational Feminist Movements|publisher=Oxford University Press|year=2015|isbn=978-0-19-994349-4|pages=683–|author1=Rawwida Baksh|author2=Wendy Harcourt}}</ref> According to a report by Human Rights Watch in 1993, the security forces use rape as a method of retaliation against Kashmiri civilians during reprisal attacks after militant ambushes.<ref name=":42">Inger Skjelsbæk (2001) ], International Peacekeeping, 8:2, 75-76.</ref><ref name=":12"> (PDF). ''Asia Watch & Physicians for Human Rights A Division of Human Rights Watch''. '''5''' (9): 1.</ref><ref>Littlewood, Roland. “Military Rape.” '']'', vol. 13, no. 2, 1997, pp. 7–16.</ref> Professor William Baker states that rape in Kashmir was not the result of a few undisciplined soldiers but an active strategy of the security forces to humiliate and intimidate the Kashmiri population.<ref name=":6">Ranjan, Amit. "." ''Social Change'' 45.3 (2015): 447.</ref> Human rights groups state that 150 top officers, of the rank of major or above, have participated in torture as well as sexual violence and that the Indian government was covering up such acts.<ref name=":2" /><ref name=":3" /> | |||
| ==Suicide and psychological problems== | |||
| Kashmiri women are reportedly said to be highly prone to suicidal tendencies due to the conflict-situations. The fear, stress, tension, and uncertainty prevailing in the state are said to be the main reasons for this. According a survey in 2012, 17,000 people, mostly women, have committed suicide during the past 20 years in the Valley.<ref>{{Cite news|url=http://kashmirwatch.com/17000-kashmiris-committed-suicide-in-two-decades/|title=17,000 Kashmiris committed suicide in two decades {{!}} KashmirWatch|date=2012-10-19|work=KashmirWatch|access-date=2017-06-05|language=en-US}}</ref><ref name=":7">Shahnawaz Mushtaq, Zeenat Fatima; ; ''Indian Journal of Applied Research'', October 2016.</ref><ref name= SIK>{{cite web|url=http://www.milligazette.com/news/3983-increasing-cases-of-suicide-in-kashmir|title=Increasing cases of suicide in Kashmir|publisher=milligazzette|accessdate=2012-09-12}}</ref><ref>{{cite web|url=http://www.kashmirdispatch.com/headlines/01027890-kashmir-women-lead-suicidal-tendencies.htm|title=Kashmir women lead suicidal tendencies|publisher=kashmirdispatch|accessdate=2012-09-11}}</ref> According to a study by the ], <blockquote>“Women in Kashmir have suffered enormously since the separatist struggle became violent in 1989–90. Like the women in other conflict zones, they have been raped, tortured, maimed and killed. A few of them were even jailed for years together. Kashmiri women are among the worst sufferers of sexual violence in the world. Sexual violence has been routinely perpetrated on Kashmiri women, with 11.6% of respondents saying they were victims of sexual abuse.”<ref>{{cite web|url=http://www.tehelka.com/story_main50.asp?filename=Ws140711getting.asp|title=Oppression driving women in Kashmir to suicide|publisher=tehelka|accessdate=2012-09-11}}</ref></blockquote> Due to the impact of the conflict, a number of people in the valley suffer from various psychological problems like stress (normal or related to traumatic event), anxiety, mood and post-traumatic disorders. At the beginning of the insurgency there were 1200 patients in the valley‘s sole mental hospital. In 2016, the hospital is said to have been overcrowded with more than 100,000 patients.<ref name=":7" /> | |||
| == International response == | |||
| A 2010 US State Department report cited extrajudicial killings by security forces in areas of conflict such as Kashmir as a major human rights problem in India.<ref name="USgov2010" /> The British parliament expressed its sadness and regret over the discovery of over 6,000 unmarked graves in Kashmir.<ref>{{cite web|url=http://www.parliament.uk/business/publications/business-papers/commons/early-day-motions/edm-detail1/?session=2010-12&edmnumber=2607|title=Early day motion 2607 – KASHMIR GRAVES – UK Parliament|publisher=Parliament.uk|accessdate=2012-03-10}}</ref> ], a special rapporteur on ]s, has warned India that “all of these draconian laws had no place in a functioning democracy and should be scrapped.”<ref name="guardian.co.uk" /><ref>http://www.wghr.org/pdf/Status%20report%2023.05%20version.pdf</ref> | |||
| ==Kashmiri insurgents== | |||
| ''Further information: ] and ]'' | |||
| Reports from ], Human Rights Watch and the ] have confirmed Indian reports of systematic human rights violations by militants which claim Jammu and Kashmir to be part of Pakistan.<ref name="Forsythe" /> The ] (JKLF) has also been blamed of carrying out human rights violations, ranging from kidnapping to ] of several hundred thousand ] ].<ref name="Forsythe" /> A 2010 US state department report blamed separatist insurgents in Kashmir and other parts of the country of committing several serious abuses, including the killing of security personnel as well as civilians, and of engaging in widespread torture, rape, beheadings, kidnapping, and extortion.<ref name="USgov2010" /> | |||
| ===Exodus of Kashmiri Pandits=== | |||
| {{main|Ethnic cleansing of Kashmiri Hindus}} | |||
| The Hindu ], a small but prominent group, had been a favoured section of the population during Dogra rule (1846–1947). About 20 per cent of whom had left the Kashmir valley by 1950 after the land reforms.<ref>{{Harvnb|Zutshi|2003|p=318}} Quote: "Since a majority of the landlords were Hindu, the (land) reforms (of 1950) led to a mass exodus of Hindus from the state. ... The unsettled nature of Kashmir's accession to India, coupled with the threat of economic and social decline in the face of the land reforms, led to increasing insecurity among the Hindus in Jammu, and among Kashmiri Pandits, 20 per cent of whom had emigrated from the Valley by 1950."</ref> began to leave in much greater numbers in the 1990s. According to a number of authors, approximately 100,000 of the total Kashmiri Pandit population of 140,000 left the valley during that decade.<ref>{{Harvnb|Bose|1997|p=71}}, {{Harvnb|Rai|2004|p=286}}, {{Harvnb|Metcalf|Metcalf|2006|p=274}} Quote: "The Hindu Pandits, a small but influential elite community who had secured a favourable position, first under the maharajas, and then under the successive Congress regimes, and proponents of a distinctive Kashmiri culture that linked them to India, felt under siege as the uprising gathered force. Of a population of some 140,000, perhaps 100,000 Pandits fled the state after 1990; their cause was quickly taken up by the Hindu right."</ref> Other authors have suggested a higher figure for the exodus, ranging from the entire population of over 150,000,<ref>{{Harvnb|Malik|2005|p=318}}</ref> to 190,000 of a total Pandit population of 200,000,<ref>{{Harvnb|Madan|2008|p=25}}</ref> to a number as high as 253,000.<ref name="CIA - The World Factbook">{{cite web|url=https://www.cia.gov/library/publications/the-world-factbook/geos/in.html |title=CIA – The World Factbook |publisher=Cia.gov |accessdate=2012-08-03}}</ref> The US government has reported on the terrorist threat to Pandits still living in the Kashmir region.<ref name="USDS">{{cite web |url=https://www.state.gov/j/drl/rls/hrrpt/2006/78871.htm |title=India |publisher=Bureau of Democracy, Human Rights, and Labor, US Department of State |date=6 March 2007 |accessdate=8 July 2011}}</ref> | |||
| The alleged rigging of the ] by the ruling party, ],<ref>{{Cite news|url=http://news.bbc.co.uk/2/hi/south_asia/2223364.stm|title=Kashmir's flawed elections|date=14 September 2002|newspaper=BBC News|access-date=3 August 2016}}</ref> saw the rise of an armed rebellion among Kashmiris associated with the ] (MUF), a conglomerate of several Muslim political organisations opposed to National Conference. During the eruption of the armed rebellion, the insurgents are reported to have specifically targeted the Pandits, with torture and killings.<ref name="BBCuk" /> Reports by Indian government state that 219 Kashmiri Pandits were killed from 1989 to 2004 and around {{formatnum:140000}} migrated due to militancy while over 3000 stayed in the valley<ref>{{cite news|url=http://www.hindu.com/2010/03/24/stories/2010032461230900.htm |title=Front Page : "219 Kashmiri Pandits killed by militants since 1989" |publisher=The Hindu |date=24 March 2010 |accessdate=2012-08-03 |location=Chennai, India}}</ref><ref>{{cite web |url=http://news.outlookindia.com/items.aspx?artid=731448 |title=219 Pandits Killed in J&K Since 1989 |publisher=news.outlookindia.com |accessdate=2012-08-03 |deadurl=yes |archiveurl=https://web.archive.org/web/20130430003129/http://news.outlookindia.com/items.aspx?artid=731448 |archivedate=30 April 2013 |df=dmy-all }}</ref> The local organisation of Pandits in ], Kashmir Pandit Sangharsh Samiti after carrying out a survey in 2008 and 2009, claimed that 399 ] were killed by insurgents from 1990 to 2011 with 75% of them being killed during the first year of the Kashmiri insurgency.<ref>{{cite web|author=Azad Essa |url=http://www.aljazeera.com/indepth/spotlight/kashmirtheforgottenconflict/2011/07/201176134818984961.html |title=Kashmiri Pandits: Why we never fled Kashmir – Kashmir: The forgotten conflict |publisher=Al Jazeera English |accessdate=2012-08-03}}</ref><ref>{{cite web|author=GreaterKashmir.com (Greater Service) |url=http://www.greaterkashmir.com/mobi/news/news/399-pandits-killed-since-1990-kpss/97140.html|title=399 Pandits killed since 1990 KPSS Lastupdate:- Mon, 20 Jun 2011 18:30:00 GMT |publisher=Greaterkashmir.com |date=20 June 2011 |accessdate=2012-05-24}}</ref> Motilal Bhat, the president of the Pandit Hindu Welfare Society, rejected the figure of 399 killed and said that only 219 were killed.<ref name=":0">{{Cite news|url=http://www.milligazette.com/news/11909-the-gaw-kadal-massacre-and-exodus-of-kashmiri-pandits|title=The Gaw Kadal Massacre and exodus of Kashmiri Pandits|last=Bhat|first=Bilal|date=19 March 2015|work=The Milli Gazette|access-date=}}</ref> | |||
| Kashmiri separatists believe that the then Governor ] encouraged the exodus of Kashmiri Pandits from the Valley by deliberately creating an atmosphere of paranoia. This, they claim, was done to "facilitate the counter-insurgency" operations and suppressing the anti-Indian uprising in Kashmir. The mass migration of Kashmiri Pandits from the Valley started on 19 January 1990 immediately preceding the first massacre of Kashmiri Muslims at ]. The Gawakadal massacre was followed by eight other major massacres and allegations of fake encounters, enforced disappearances, tortures and crackdown operations.<ref>{{Cite web|url=http://www.jkccs.net/let-truth-prevail/|title=LET TRUTH PREVAIL {{!}} JKCCS {{!}} Jammu Kashmir Coalition of Civil Society|website=www.jkccs.net|access-date=2016-08-03}}</ref>{{unreliable source?|date=August 2016}}.<ref name=":0" /> Pro-India commentators have refuted this version as a false allegation "to hide the truth".{{citation needed|date=August 2016}} | |||
| {{Rquote|right|"Our people were killed. I saw a girl tortured with cigarette butts. Another man had his eyes pulled out and his body hung on a tree. The armed separatists used a chainsaw to cut our bodies into pieces. It wasn't just the killing but the way they tortured and killed."|3=A crying old Kashmiri Hindu in refugee camps of Jammu told BBC news reporter<ref name=BBCuk>, BBC World Service, undated. Retrieved August 2016.</ref>}} | |||
| The violence against Kashmiri Pandits was condemned and labelled as ] in a 2006 resolution passed by the ].<ref>, ], 2006-02-15 {{dead link|date=December 2014}}</ref> It stated that insurgents infiltrated the region in 1989 and began an ethnic cleansing campaign to convert Kashmir to a Muslim state. According to the same, the population of Kashmiri Pandits in Kashmir had declined from 400,000 in 1989 to 4,000 in 2011.<ref name="USHR">{{cite web|title= Resolution on Kashmiri Pandits in US House|url=http://www.rediff.com/news/report/resolution-on-kashmiri-pandits-in-us-house/20110805.htm|accessdate=5 August 2011}}</ref> Mridu Rai says that such high numbers are not credible because the total Kashmiri Pandit population was only 160,000 to 170,000 at the time of their departure.<ref>{{Cite web|url=http://www.aljazeera.com/indepth/spotlight/kashmirtheforgottenconflict/2011/07/2011724204546645823.html|title=Kashmir: The Pandit question|last=Essa|first=Azad|website=www.aljazeera.com|access-date=2017-04-17}}</ref> | |||
| The CIA has reported nearly 506,000 people, about half of which are Pandit Hindus are displaced due to the insurgency.<ref name="CIA - The World Factbook" /><ref> {{webarchive |url=https://web.archive.org/web/20110926215555/http://www.kaleo.org/2.13229/kashmir-the-predicament-1.1790247 |date=26 September 2011 }}</ref> The ] reports that there are roughly 1.5 million refugees from Indian-administered Kashmir, bulk of whom arrived in Pakistan-administered Kashmir and in Pakistan after the situation on the Indian side worsened in 1989 ].<ref name="UNHR">{{cite web|author=United Nations High Commissioner for Refugees |url=http://www.unhcr.org/refworld/topic,463af2212,469f2dcf2,487ca21a2a,0.html |title=Refworld | Freedom in the World 2008 <nowiki>– Kashmir [Pakistan</nowiki>] |publisher=UNHCR |date=2 July 2008 |accessdate=2010-02-02}}</ref> | |||
| Post-1989, Kashmiri Pandits and other minority groups in Jammu and Kashmir have been targets of jihadi elements which India alleges and blames on the ].<ref name="Raman">{{cite news |title=Future of Kashmiri Pandits |author=B. Raman |url=http://www.outlookindia.com/article.aspx?279630 |newspaper=Outlook |date=19 January 2012 |accessdate=15 March 2012}}</ref> The Kashmiri Pandits, a community of Hindu Brahmins, then comprising 5% of the population of the state were the primary targets of Islamic militants, who also sought to also eliminate Kashmir's record of 5000 years of Hindu Sanskrit culture and scholarship as well as the tolerant indigenous multiculturalism referred to as '']''.<ref name="Knuth2006">{{cite book|last=Knuth|first=Rebecca|title=Burning books and leveling libraries: extremist violence and cultural destruction|url=https://books.google.com/books?id=67CWswHay3QC&pg=PA77|accessdate=15 March 2012|year=2006|publisher=Greenwood Publishing Group|isbn=978-0-275-99007-7|pages=77–79}}</ref> As many as 170,000 Kashmiri Pandits are estimated to have fled the state due to being targeted and threatened by militant groups.<ref name="Columbus2004">{{cite book|last=Leather|first=Kaia|editor=Columbus, Frank|title=Asian economic and political issues, Volume 10|url=https://books.google.com/books?id=H5XEAQLuY0sC&pg=PA156|accessdate=15 March 2012|year=2004|publisher=Nova Publishers|isbn=978-1-59454-089-9|page=156|chapter=Kashmiri Separatists : Origins, Competing Ideologies and Prospects for Resolution of the Conflict}}</ref> In 1989, attacks on Pandits escalated and Muslim paramilitaries selectively raped, tortured and killed Kashmiri Pandits, burnt their temples, idols and holy books. The Pandits fled en masse from the state after which their houses were burnt by militants and their artwork and sculptures were destroyed.<ref name="Knuth2006" /> | |||
| In August 2000, militant groups killed 30 Hindu pilgrims in what became known as the ].<ref name="autogenerated2000">, ], 2000-08-04</ref> The Indian government blamed the ] for the killings.<ref>{{cite web|url=https://www.pbs.org/wgbh/pages/frontline/2011/05/coll-likely-bin-laden-successor-will-struggle.html|title=Steve Coll: "Zawahiri's record suggests he will struggle" | FRONTLINE|date=2 May 2011|publisher=PBS|accessdate=2011-12-17}}</ref><ref>{{cite web|url=http://www.indianembassy.org/new/killings_jk_august_03_2000.htm|title=Prime Minister Vajpayee's statement in Parliament regarding the recent massacre in Jammu & Kashmir|date=August 4, 2000|publisher=Embassy of India|archive-url=https://web.archive.org/web/20070804025219/http://www.indianembassy.org/new/killings_jk_august_03_2000.htm|archive-date=2007-08-04|dead-url=yes}}</ref> The '']'' writes that "hundreds of Hindu labourers ha been leaving the Kashmir Valley" in August 2000 due to targeted killings against Hindu workers.<ref name="autogenerated2000" /> | |||
| Other minorities such as Kashmiri ]s were also targeted. According to Chitkara, the killing of Sikhs near ] in 2001, by the ''Jehadis'' was aimed at ethnic cleansing. Hindus have migrated from most of the Kashmir valley, Sikhs who form a very small percentage could be forced to migrate in the wake of such killings.<ref name="Chitkara2002">{{cite book|author=M. G. Chitkara|title=Kashmir Shaivism: under siege|url=https://books.google.com/books?id=5CK0DFijayQC&pg=PA172|accessdate=11 March 2012|year=2002|publisher=APH Publishing|isbn=978-81-7648-360-5|page=172}}</ref> The ] has been blamed by Indian government for the ], which killed 36 Sikhs at the time of Clinton‘s visit to India.<ref>{{citation|quote=LeT has been linked to numerous terrorist attacks in India including the massacre of dozens of Sikhs in Kashmir in March 2000 during President Clinton’s visit to India, bombings in New Delhi in 2005 and bombings in Varanasi and Mumbai in 2006, |url=http://www.brookings.edu/articles/2008/1130_india_terrorism_riedel.aspx |publisher=] |title=Terrorism in India and the Global Jihad |deadurl=yes |archiveurl=https://web.archive.org/web/20111111191820/https://www.brookings.edu/articles/2008/1130_india_terrorism_riedel.aspx |archivedate=11 November 2011 |df=dmy-all }}</ref> Many local Sikh bodies refute this version and claim that the act was perpetrated by Indian armed forces with Hindu sectarian leanings.<ref>{{Cite web|url=http://sikhsiyasat.net/2014/01/26/pathribal-linked-to-chatisinghpora-sikh-bodies-say-clean-chit-to-accused-army-men-a-shame/|title=‘Pathribal linked to Chatisinghpora’- Sikh bodies say 'clean chit' to accused Army-men a shame|date=2014-01-26|website=Sikh Siyasat News|access-date=2016-08-03}}</ref><ref>{{Cite web|url=http://www.sikhiwiki.org/index.php/Chittisinghpura_Massacre|title=Chittisinghpura Massacre – SikhiWiki, free Sikh encyclopedia.|website=www.sikhiwiki.org|access-date=2016-08-03}}</ref>{{unreliable source?|date=August 2016}} | |||
| ==See also== | |||
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| ==Notes== | |||
| {{reflist|group=note}} | |||
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| ==References== | |||
| '''Notes''' | |||
| {{reflist|2}} | |||
| '''Sources''' | |||
| {{refbegin}} | |||
| *{{Citation|last=Bose|first=Sumantra|title=The challenge in Kashmir: democracy, self-determination, and a just peace|publisher=Sage Publications, in association with The Book Review Literary Trust|location=New Delhi|year=1997|isbn=978-0-8039-9350-1|url=https://books.google.com/books?id=-EhuAAAAMAAJ}} | |||
| *{{Citation|last=Bose|first=Sumantra|title=Kashmir: roots of conflict, paths to peace|publisher=Harvard University Press. Pp. 307|year=2005|isbn=978-0-674-01817-4}} | |||
| *{{Citation|last=Madan|first=T. N.|authorlink=Triloki Nath Madan|chapter=Kashmir, Kashmiris, Kashmiriyat: An Introductory Essay|pages=1–36|editor-last=Rao|editor-first=Aparna|title=The Valley of Kashmir: The Making and Unmaking of a Composite Culture?|publisher=Delhi: Manohar. Pp. xviii, 758|year=2008|isbn=978-81-7304-751-0}} | |||
| *{{Citation|last=Malik|first=Iffat|title=Kashmir: Ethnic Conflict, International Dispute|publisher= Karachi and Oxford: Oxford University Press. Pp. xxvi, 392|isbn=0-19-579622-5|year=2005}} | |||
| * {{Citation| last1=Metcalf| first1=Barbara|authorlink1=Barbara Metcalf| last2=Metcalf| first2=Thomas R.| authorlink2=Thomas R. Metcalf| year=2006| title=A Concise History of Modern India (Cambridge Concise Histories) | place=| publisher=Cambridge and New York: ]. Pp. xxxiii, 372 | isbn=0-521-68225-8|url=}}. | |||
| *{{Citation|last=Rai|first=Mridu|title=Hindu Rulers, Muslim Subjects: Islam, Rights, and the History of Kashmir|year=2004|publisher=Princeton University Press/Permanent Black. Pp. xii, 335.|isbn=81-7824-202-8}} | |||
| *{{Citation|last=Zutshi|first=Chitralekha|title=Language of belonging: Islam, regional identity, and the making of Kashmir|year=2003|publisher=Oxford University Press/Permanent Black. Pp. 359|isbn=978-0-19-521939-5}} | |||
| *{{Citation|last=Zutshi|first=Chitraleka|chapter=Shrines, Political Authority, and Religious Identities in Late-Nineteenth and Early-Twentieth-century Kashmir|pages=235–258|editor-last=Rao|editor-first=Aparna|title=The Valley of Kashmir: The Making and Unmaking of a Composite Culture?|publisher=Delhi: Manohar. Pp. xviii, 758|year=2008|isbn=978-81-7304-751-0}} | |||
| {{refend}} | |||
| {{Jammu and Kashmir}} | |||
| {{Military of India}} | |||
| {{Indo-Pakistani relations}} | |||
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