Republic Day becomes Black Day again

Why Kashmiris are angry

India observes January 26 as Republic Day. However, this is at odds with reality. A republic represents more than just a political system; it embodies the values and ideals that unite a society. At its core, it is a political structure in which the head of state is chosen by the people or their representatives, highlighting the importance of citizenship, the rule of law, and the safeguarding of individual rights. The essence of a republic is not just found in its framework, but in the principles guiding the relationships between the government and its citizens, as well as among the citizens. It is about striking a balance between freedom and responsibility, and being dedicated to justice, equality, and the collective well-being.

The Indian Constitution guarantees fundamental rights, including the right to equality, freedom of speech, and the right to life and personal liberty. However, despite these constitutional assurances, India has struggled to ensure the protection of human rights. Over the years, numerous reports and investigations have highlighted ongoing human rights violations, from discrimination and violence against marginalized communities to abuses of power by authorities.

The most glaring examples of human rights violations in India are evident in its states. Uttar Pradesh, the most populous state, has witnessed several high-profile human rights abuses, particularly under CM Yogi Adityanath. UP has experienced widespread police violence, with numerous reports of extrajudicial killings, torture, and intimidation by law enforcement. The state’s handling of protests and dissent has been heavily criticized. For example, during the 2019 protests against the Citizenship Amendment Act, security forces were accused of using excessive force against peaceful demonstrators, leading to deaths and injuries.

The police also faced allegations of targeting Muslims and suppressing protests using brutal tactics. UP has also been a hotspot for communal violence, especially between Hindus and Muslims. The 2020 Delhi riots, which spread to parts of UP, resulted in the deaths of several people, primarily Muslims. The state government’s response to such violence has been criticized for allowing mob attacks on Muslims and failing to hold those responsible accountable. The controversial bulldozer policy, which involves demolishing Muslim-owned properties as punishment for alleged crimes, has been condemned as an unconstitutional form of collective punishment.

Assam, a northeastern state, has also been embroiled in violence and human rights abuses, particularly around issues of ethnicity and migration. The National Register of Citizens exercise in Assam, aimed at identifying illegal immigrants, disproportionately targeted Bengali Muslims, a significant minority group. Thousands of people, many of whom had been long-time residents, were excluded from the final NRC list and declared stateless. This exclusion sparked fears of mass detention, as many faced the threat of being sent to detention camps without access to basic rights. The process notably affected the Muslim population and violated their fundamental rights to citizenship. Assam has also experienced violent ethnic conflicts, particularly between indigenous Assamese communities and Bengali-speaking Muslims. In 2012, riots between these groups resulted in hundreds of deaths and the displacement of thousands.

The situation in IIOJK represents one of the most severe human rights crises in India. The region has long been a flashpoint for political, ethnic, and religious tensions, with Indian security forces committing numerous atrocities, resulting in an ongoing humanitarian disaster. International human rights organizations, the United Nations, and independent observers have documented widespread abuses in the region, including extrajudicial killings, forced disappearances, arbitrary arrests, and torture. Since the late 1980s, Kashmir has been the site of a significant insurgency, with locals demanding the right to self-determination and union with Pakistan.

India has consistently rejected UN resolutions calling for the right of Kashmiris to determine their future. The Indian government has deployed large numbers of security forces to suppress the region, against the will of the Kashmiri people. The situation worsened dramatically following the revocation of Article 370 of the Indian Constitution in August 2019, which had granted the region special status. This move intensified human rights violations and sparked anger among the Kashmiri population.

One of the most egregious abuses in IIOJK has been the widespread use of extrajudicial killings by Indian security forces. International human rights organizations, including Human Rights Watch, Amnesty International, and the United Nations, have reported numerous cases where Indian forces have killed civilians in so-called “encounters,” with little to no accountability.

The harsh reality of human rights violations and atrocities committed by India, particularly in IIOJK, is evident to the global community, and disproves India’s claim to be a true republic. The observance of Black Day on January 26 symbolizes widespread anger at India’s human rights abuses. There is an urgent need to pressure India to cease its violations of human rights against minorities both within India and in Indian-Occupied Kashmir.

These “encounter killings” are frequently carried out with impunity, and security forces are seldom held accountable. Numerous reports have indicated that the Indian Army, paramilitary forces, and police have employed extrajudicial killings as a tactic to suppress dissent and quell the insurgency.

The region has also been the site of brutal massacres, such as the 1990s killings in Sopore, where numerous civilians were killed by indiscriminate gunfire from security forces. More recently, incidents like the 2016 Burhan Wani protests, triggered by the killing of a prominent freedom leader by Indian forces, led to significant civilian casualties. Enforced disappearances remain another grave human rights issue.

Reports from various human rights organizations indicate that thousands of individuals, including political activists, militants, and ordinary citizens, have been forcibly disappeared by Indian security forces. Families of the disappeared often face significant challenges in seeking justice, as the security forces deny any involvement or responsibility for these disappearances.

These abductions are frequently accompanied by physical and psychological torture, often intended to extract confessions or information. Torture remains a prevalent practice in IIOJK, used as a tool of intimidation or to obtain information from suspected militants. Survivors’ testimonies, along with reports from human rights organizations, detail instances of abuse, such as beatings, electric shocks, and sexual violence. The lack of accountability perpetuates a climate of fear and suffering in the region.

Arbitrary arrests and detentions of civilians have become widespread as part of India’s counterinsurgency operations. Thousands of people, including activists, students, journalists, and politicians, have been detained without charge, often under the controversial Public Safety Act (PSA), which permits detention without trial for up to two years.

After the revocation of Article 370 in August 2019, Indian authorities arrested numerous prominent political leaders, including former chief ministers and members of separatist organizations. Many of these detainees have been imprisoned outside Kashmir, often far from their families, making it difficult for them to challenge their detention in court. The use of preventive detention, particularly against political opponents and activists critical of government policies, has been widely criticized as a violation of international human rights standards. The PSA is viewed as a tool of political repression rather than a legitimate measure against insurgency.

One of the most significant human rights violations in Indian-Occupied Kashmir, especially since the revocation of Article 370, has been the imposition of communication blackouts. Following the abrogation in August 2019, the Indian government imposed a strict lockdown in the region, which included shutting down internet services, limiting phone connectivity, and restricting media access. This communication blackout isolated the people of Kashmir and prevented journalists, human rights organizations, and the international community from obtaining accurate information about the ground situation . Journalists have faced harassment, detention, and censorship for reporting on ongoing human rights violations, and the suppression of media and communication channels has severely restricted freedom of expression and hindered the documentation of abuses.

Sexual violence, particularly rape and molestation, has been used by Indian security forces as a tool of repression. Women have been subjected to horrific sexual violence, with the 1991 Kunan Poshpora incident a particularly notorious case, where Indian soldiers reportedly gang-raped over 30 women in one night. Despite the incident being well-documented by local witnesses and human rights organizations, justice remains elusive. The climate of insecurity in Indian-Occupied Kashmir has left women particularly vulnerable to sexual violence, and many victims face stigma and rejection from their communities. Additionally, the suppression of dissent and the ongoing violence have further eroded societal structures, making it even more difficult for women to seek justice.

In recent years, Indian forces have increasingly employed pellet guns to control protests in Kashmir. These weapons, designed to disperse crowds, have caused widespread injuries, particularly to the eyes of protesters. Reports indicate that thousands of Kashmiri civilians, including children, have suffered blindness or severe injuries. These injuries have profound long-term physical and psychological effects, with many victims losing their livelihoods as a result of permanent blindness. The use of pellet guns has been widely condemned by human rights organizations and medical professionals. Despite repeated calls for a ban, the Indian government has continued to deploy pellet guns in Indian-Occupied Kashmir.

The international community has consistently condemned the human rights violations in the region, urging independent investigations and increased international oversight of the situation. The UN has issued reports documenting ongoing abuses, with several UN bodies urging India to uphold international human rights standards in its administration of the region. Despite these calls, India has largely rejected international involvement in the Kashmir issue, asserting that it is an internal matter. Additionally, India’s refusal to grant independent observers, human rights organizations, and journalists full access to Indian-Occupied Kashmir has made it challenging to hold the government accountable for its actions in the region.

On January 26, Kashmiris worldwide also observe India’s Republic Day as Black Day, sending a clear message to the global community that they reject India’s occupation of their homeland. This call was also recently endorsed by the All Parties Hurriyat Conference (APHC) and has gained support from various pro-freedom parties.

The harsh reality of human rights violations and atrocities committed by India, particularly in IIOJK, is evident to the global community, and disproves India’s claim to be a true republic. The observance of Black Day on January 26 symbolizes widespread anger at India’s human rights abuses. There is an urgent need to pressure India to cease its violations of human rights against minorities both within India and in Indian-Occupied Kashmir.

Abdul Basit Alvi
Abdul Basit Alvi
The writer is a freelance columnist

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