Immediate Actions are required to save the human lives in Kashmir
One year ago, on the 5th of August 2019, India revoked Articles 370 and 35A of its constitution and annexed the internationally recognized disputed territory making clear breach of international al Law and practices of the civilized world, its international commitments, the binding Delhi agreement 1952, the UNSC resolutions as well as its own constitution giving special status to this territory until the dispute is resolved. It also breached its fabricated instrument of accession. This was done merely on the advice obtained from the Governor and not the Kashmir legislature Assembly. Besides laws including the new Indian domicile law designed to bring demographic change was promulgated.
Almost nine hundred thousand troops of the Indian army have illegally occupied the territory and are keeping the people under siege while violating with impunity the International Humanitarian law and practices. Indian troops are using lethal weapons, cluster bombs, pallet guns, and perpetrating Sexual offenses, destroying Muslim religious and private properties. Whereas the Kashmiri civilians are innocent and unarmed. They are protesting and agitating peacefully for their legitimate right of self-determination, sanctioned by UNSC in 1948. Although UNSC resolutions are legally binding on India, but, India is delaying and not implementing USC resolutions passed in 1948. Covid-19 has worsened the situation further.
According to the authentic source, the total killings so far are said to be 352, including 75 unarmed civilians, 196 freedom strugglers and 81 from the occupational forces. 170000 persons have been arrested including old-aged, women, and under-aged children. It’s now a year since the curfew was clamped. There is a severe shortage of food, medicines, fuel, and electricity. The phone and internet services are suspended. Travelling is restricted, especially media persons and foreigners. Kashmir is split into two Indian union territories as Kashmir and Ladakh.Against the wishes of the stakeholders. This is the worst type of tyranny being faced by the helpless people of Kashmir in the history of humankind.
Since Kashmir is a disputed territory between India, China, and Pakistan. The Unilateral action taken by India is considered highly hostile and unfair. Kashmir is recognized as a disputed territory by the UN, and India is guilty of war crimes against the civilian population in Kashmir. In order to suppress the movement of self-determination, India has crossed all records of human rights violations in Kashmir. Amnesty International, Human Rights Watch, and International NGOs have condemned the Indian atrocities and brutalities.
How can India unilaterally and so fraudulently make dejure changes in the status of Kashmir? How can the special status of Kashmir enshrined in the constitution of India be altered on the advice of a governor destitute of recourse to the people. All these changes are a fraud on the statute. Likewise, the change in the domicile law is of no legal effect being a violation of the 1952 Delhi agreement and the legal status of Kashmir.
Under the circumstances when presently no state is taking the matter to the ICJ as was done by The Gambia we can look for an-interim relief by invoking the norm of the UN R2P and bringing to the notice of the UN the violations in Kashmir by India while seeking an injunction against any change in the status of and the asking for complete pulling out of the army and all security personnel from Kashmir.
Demanding for holding an international investigation against the commission of crimes against humanity, ethnic cleansing, and genocide by India in the disputed territory and for the creation of a war tribunal for the trial of the perpetrators and abettors. Anyone irrespective of status, either a politician, civilian or military personnel, if found guilty of war crimes, must be convicted and punished under international laws and practices.
It must be brought to the notice of national institutions of the human rights world over the crimes against humanity being committed by India. This is a powerful constituency and quite effective. It is not expected that the Supreme Court of India may deliver justice, where the matter is pending as if it has no public importance and the same is the case of the national commission of India for human rights.