Blood in the Valley: State Terrorism in Kashmir in the 90s

Sidharta Guha Roy

The Kashmir valley just retorted again. The dispute began after the Kashmir government promised to give forest land to a trust that runs Amarnath, a cave shrine visited by Hindu pilgrims. At least 23 people have been killed and over 500 injured in clashes between Muslim protesters and police till now, hospital records show. The government then rescinded its decision, which in turn provoked BJP backed Hindus in Jammu who attacked lorries carrying supplies to Kashmir valley and blocked the region's highway, the only surface link with the rest of India. BJP and RSS making mess of situation, turning the communal riots and whipped up Hindu emotions. We are focusing on the historical expansionism of Indian State over Kashmir, to understand the inherent dissent of Kashmir people--The early days of the 1990s saw the beginning of a militant insurgency in Kashmir. The insurgency had immersed few years before it exploded fully. In November 1947, immediately after Kashmir's accession to India, Jawaharlal Nehru; the Indian Prime Minister, declared that, “the question of the state's accession should be settled by a reference to the people.” But the proposed plebiscite did never take place. The Indian state, for the next 40 years, not only denied the right to self determination of the Kashmiris, but also by constitutional manipulations transformed the status of Kashmir like that of any other Indian province. In 1987, five youths in jail, with a view to liberate Kashmir from Indian hegemony, formed an organization, Jammu and Kashmir Liberation Front (JKLF). They were Yasin Malik, Asfaq Wani, Abdul Hamid, Sheikh Ijaj, Ahmed Dar and Javed Mir. They declared that, in order to establish the right of the Kashmiris, popular discontent should be turned into an armed struggle for liberation. The demand for 'Azadi' echoed everywhere in the valley. The days of peaceful protest int
hevalley came to an end and the situation became rife for an armed insurrection. Brutal state repression had been unleashed by the Indian state to suppress the protagonists of the right to self determination. Ruthless violation of human rights has, in fact, questioned the civilized entity of India.
The Indian state had legalized its brutality by introducing a number of repressive laws in the valley. Public Safety Act, 1978, was extensively used throughout the 1990s to curb the activities of the supporters of 'azadi'. It is a kind of preventive detention act which allows two years detention without
trial. The years between 1990 and 1995 saw the indiscriminate use of the Terrorist and Disruptive Activities Act (TADA), 1985 in the valley. This draconian act had the provision of appointing designated courts, where victims were tried not in a public place, but in absolute concealment. The designated courts framed under TADA could even pronounce the death sentence. The valley also saw the rampant use of the Armed Forces Special Power Act. The Act empowered the armed forces to use force “to the point of causing death' to any person inspected for committing any “cognizable offence”. These undemocratic and repressive acts encouraged the Indian army as well as the paramilitary forces to commit thousands of extra judicial murders in the valley. An Amnesty International Report (January 1995) observed, “The brutality of torture in Jammu and Kashmir defies belief. It has left people disabled and mutilated for life.” An army officer proudly stated in April 1993 “We don't have custodial deaths here, we have alley deaths.” Even the women and the children were not spared. A Women's Fact Finding Commission observed in October 1997, “The atmosphere prevalent in the valley is that of fear and gloom. Women face constant humiliation and insecurity.” It has been roughly estimated that about 60,000 people had been killed in the 1990s by the Indian Security Forces in Kashmir. The state terrorism fell heavily on the human rights activists as well Hriday Nath Wangchoo, Dr. F.A. Ashai, Dr. Abdul Ahad Gun and Jalil Andrabi were among the prominent victims. Wangchoo, a trade unionist and a retired IAS officer tiled a writ petition against extra-judicial execution in Kashmir. On 5 December, 1992, he was killed. It was reliably believed that
BSF was behind his murder. Dr. Ashai and Dr. Guru were the physicians who had treated thousands of torture victims. Both of them supplied necessary information on terror and atrocities perpetrated by the Indian Security Forces. They were murdered in 1993. Jalil Andrabi, a prominent lawyer worked for the families of hundreds who mysteriously “disappeared” after being taken to the custody. He was killed in March 1996, when he was detained by Rashtriya Rifle soldiers. “He was so successful in his dangerous and difficult work that he had to be savagely silenced.” Read the obituary of Jalil Andrabi in the pages of Kashmir Times.

In reality, stern and human attitude of the Indian armed forces,encouraged by the rulers, has absolutely alienated the people of Kashmir. Pro- Pakistani militants have come forward to exploit the situation. Battle for 'Azadi' launched by the Kashmiris has three phases. In the early 1950s, Sheikh Abdullah and his National Conference tried to achieve right to self-determination way of a peaceful protest. The Government of India refused to ascribe any importance to this peaceful demand of the Kashmiris. Waiting for about 40 years, the Kashmiris took arms to fight the Indian armed forces and their atrocitites. They raised the banner of 'Kashmiriyat' in their fight for the right to self determination. But excess of the Indian armed forces committed against the fighters for Azadi as well as against the Kashmiris in general. The alienation of the Kashmiris became so crucial that pro Pakistani elements, backed by Islamic fundamentalists came to dominate the movement. The activities of the Islamic fundamentalists, in fact, provided the Indian state with an opportunity of calling the upsurge of Kashmir an antinational movement.

Use of force in the valley by the protectors of law and order is often sanctioned by a persistent campaign on behalf of the Indian state that Pak sponsored terrorism forms the crux of the problem in Kashmir. But this presents only a part of the entire picture. The valley is actually confronted with the problem related to unfulfilled hopes and aspirations of the Kashmiris. The Indian rulers should give up the policy of perceiving the people's protest in Kashmir as a mere law and order problem instigated by Pakistan and alight from the high pedestals of military might to recognize the popular will of the valley.

FACE TO FACE

An interview with Pranab Nayak, the Secretary of 'Forum
Against State Terrorism'


Q 1. Why have you formed an organization by the name of Forum Against State Terrorism even there are organizations like APDR and Bandi Mukti Committee (organization for the release of political prisoners) to fight for the protection of human rights?

Ans. We are well aware that there are such mass organizations like Bandi Mukti Committee and Association for the Protection of Human Rights to defend the constitutional rights of the citizens of India and resist the violation of human rights by the Central and State governments. Many of us are associated with these organizations. These two organizations have rendered immense service in defending the fundamental rights of the people. But we have felt that the task of the first organization is limited to the release of political prisoners and the exposure of the government's cruel treatment with the political prisoners and harassment of political activists, and some such activities. The second organization has a wider range of activities and, as its name indicates, it tries hard to fight against any violation of democratic rights of the people –rights which are guaranteed in the constitution of India, and to establish democratic values in the country. But very recently people of India are witnessing with grave concern the most gruesome
manifestation of the terror which are perpetrated by the State on the innocent people and the workers and leaders of mass movement and opposition parties and even on its own employees. Not only that, State is also organizing or helping the formation of private armies to repress the growing mass movements and mass protests against the anti-people policies of Central and State governments. Both the Central government and the State governments of various hues are equally to blame. These terrorist activities of the governments and their sponsored hoodlums are producing fear psychosis in the country. The problem is of such a vast dimension and the challenge is so great that response on the part of the organizations like APDR and BMC seem to be inadequate. It is in such a circumstance that many well-intentioned people of West Bengal and
other states have come forward to condemn deter repression on the part of the state machinery and to help their hapless victims, with that end in view, we have formed Forum Against State Terrorism (FAST) with the active participation of some eminent citizens.

Q 2. Will you give us a recent picture of State terrorism in West Bengal ?

Ans. West Bengal as one of the states of India implementing the policies of Central Government at the behest of foreign imperialist powers and native big capitalists and big landlords is not lagging behind in resorting to repressive measures to suppress the people's movement. The practice of arbitrary arrest, detention and torture including extra judicial killings was rampant during the Naxalite unrest in the 1960s and 1070s have been repeated during the three decades of uninterrupted Left Front rule. Here unrestrained politicization of the police and administration and criminalization of policies have replaced the rule of law which is the basis of democracy, by the rule of one Party. Acting in the party, police is perpetrating high crimes with impunity in the name of maintaining law and order, unlawful arrest, detention and torture of individuals in false cases have surpassed all previous records. The police CPM brutalities perpetrated on unarmed men and women and children in Nandigram on 14th March and 6-12 November under the instigation of Chief Minister Buddhadeb Bhattacharya and other CPM top hats have surpassed all previous records. Quite recently during and after the Panchayet elections CPM cadres with the backing of police and State administration have created bloodbath by killing and wounding hundreds of workers and supporters of the opposite party. As in other states, West Bengal government is raising the bogey of Maoist insurgency in Nandigram, Singur and other places to suppress people's movement there against the eviction of peasants from land in the name of industrialization. The picture will be all the more horrible in near future if well-meaning people face to resist the onslaught of the fascist government. In West Bengal, SP of Birbhum has circulated leaflets announcing award of Rs.5000 for information leading to arrest of a Maoist rebel.

Q 3.What are the activities you are going to organize to focus on state terror?

Ans. Organization have drawn up a programme to visit the affected places , investigate all forms of abuse and violation of human rights in West Bengal, offer material and legal help to the victims and apprise the human rights commission. We have also decided to organize seminars, workshops and public meetings within and outside West Bengal from time to time to raise the level of public consciousness regarding the growing danger of police excesses and atrocities we are also trying to build up a network with other national and international bodies interested on protecting human rights.

Q 4. How do you look upon the Salwa Judum? Manipur Government is also trying to organize a similar private army there. Have you taken up any programme to resist all these fascist organizations?

Ans. Salwa Judum is formed in Chhattisgarh on the pattern of Ranabir Sena in Bihar. Recently, another such organization called Nagarik Suraksha Samiti has been formed in Jharakhand. A so called Ganatantrik Suraksha Samity has lately surfaced in West Medinipur district. All these are organized by the governments and ruling parties with the declared objective to tackle headlong on Maoist rebels. It is also heard that a terroristic private army is going to be formed in Manipur. Such fascist organizations are bound to crop up as the people increasingly come forward to resist the attack of the ruling class on their life and property. Our Forum is thinking of forming similar organizations in other states on a war-footing to fight against state repression. You have to give us some time to develop a strong organization on an all-India basis.