Once again, the United States Department of State, 2020 Country Reports on Human Rights Practices, has reproached India on her human rights record.
The country report contains graphic documentation of human rights violations being committed by the Indian military and paramilitary forces in Jammu and Kashmir. This is a significant step towards greater international recognition of the serious abuses committed against Kashmiris at the hands of Indian army. This report may take the veil of secrecy off of India’s crimes against humanity.
The country report cites various examples where the authorities intimidate and threaten the media. The report says, “Journalists working in Jammu and Kashmir continued to face barriers to free reporting through communications and movement restrictions. Criminal prosecutions were often used to gag journalists critical of the authorities, including the use of a section of the penal code that includes sedition punishable by life imprisonment. In February the Kashmir Press Club stated security agencies had routinely deployed intimidation tactics such as threats, summonses, and physical attacks on journalists in Jammu and Kashmir.”
The country report in particular describes an incident when “On April 18, police in Kashmir booked photojournalist Masrat Zahra under the UAPA for indulging in “anti-national activities” on social media. In a statement, police accused Zahra of “uploading anti-national posts with criminal intention, uploading posts that glorify anti-national activities and dent the image of law enforcing agencies besides causing disaffection against the country.” Zahra maintained she was sharing archival images that had already been published in different local and international social media platforms. The investigation continued at year’s end.”
“On April 10, authorities arrested pregnant student leader Safoora Zargar under the UAPA for allegedly conspiring to incite the Delhi riots. The Delhi High Court released her on June 23 after the central government did not object to her release.”
The country report details many instances where the use of draconian laws has given a sense of total impunity to the Indian Army in Kashmir. It states “Under the Armed Forces Special Powers Act (AFSPA), the central government may designate a state or union territory as a “disturbed area,” authorizing security forces in the state to use deadly force to “maintain law and order” and to arrest any person “against whom reasonable suspicion exists” without informing the detainee of the grounds for arrest. The law also provides security forces immunity from civilian prosecution for acts committed in regions under the AFSPA.”
“The Public Safety Act (PSA), which applies only in Jammu and Kashmir, permits authorities to detain persons without charge or judicial review for up to two years without visitation from family members.”
The country report underscored that “There were allegations of enforced disappearance by the Jammu and Kashmir police. Although authorities denied these charges and claimed no enforced dsappearances had occurred since 2015, the International Federation for Human Rights reported that cases of enforced disappearances continued through 2019.” “In February the UN Working Group on Enforced or Involuntary Disappearances identified seven cases under its standard procedures concerning individuals who were arrested, detained, or otherwise deprived of rights. The Working Group had not received permission to visit the country since it first submitted a request to the government in 2010.”
