‘JK denying separatist rallies, making arbitrary detentions under PSA’ US State Department Report Paints Grim Scenario Of Human Rights Situation In State GK MONITORING DESK Srinagar, Feb 28: A report commissioned by the US Congress and published by the State Department this week has painted a grim scenario of human rights in Jammu and Kashmir. It has especially referred to the failure of the Government to hold an inquiry into the issue of unmarked graves in Jammu and Kashmir, its continuation of “arbitrary detentions” under the Public Safety Act (PSA) and denying permission to separatists to hold public rallies. The report titled ‘India 2013 Human Rights Report” is spread over 68 pages and was released by U.S. Secretary of State John Kerry on Thursday to mark the 65th anniversary of the Universal Declaration of Human Rights. FREEDOM OF ASSEMBLY: The report says the law provides for freedom of assembly. “Authorities normally required permits and notification before parades or demonstrations, and local governments generally respected the right to protest peacefully, except in Jammu and Kashmir. In this State the local government sometimes denied permits to separatist parties for public gatherings, and security forces sometimes detained and assaulted separatists engaged in peaceful protest. During periods of civil tension, authorities used the criminal procedure code to ban public assemblies or impose a curfew,” the report says. It says, “There were restrictions on the organization of international conferences. NGOs were required to secure approval from the Ministry of Home Affairs before organizing international conferences. Authorities typically granted permission, but the process was lengthy. Human rights groups contended that this practice provided the government with political control over the work of NGOs and restricted their freedom of assembly and association.” MOVEMENT: Security forces often searched and questioned vehicle occupants at checkpoints, mostly in troubled areas in the Kashmir Valley, before public events in New Delhi, or after major militant attacks, the report reads. FOREIGN TRAVEL: The reports says the government legally may deny a passport to any applicant who it believes may engage in activities outside the country “prejudicial to the sovereignty and integrity of the nation.” “Citizens from Jammu and Kashmir continued to face extended delays, often as long as two years, before the Ministry of External Affairs would issue or renew their passports. The government subjected applicants born in Jammu and Kashmir –including children born to military officers during their deployment in the state–to additional scrutiny, requests for bribes, and police clearances before issuing them passports,” it reads. Based on the state criminal investigation department records of her uncle, a former militant who surrendered in 1995, the Jammu and Kashmir state government did not initially grant a passport to Kashmiri teenager Sufaira Jan, who was selected for a one-year scholarship overseas. “Following media pressure and further security clearance reviews, the government granted her a passport,” the report reads. GOVT ATTITUDE: The report says the NHRC worked cooperatively with numerous NGOs, and NGOs had representation on several NHRC committees. “Human rights monitors in Jammu and Kashmir were able to document human rights violations, but security forces, police, and counterinsurgents at times, restrained or harassed them,” the report adds. The Jammu and Kashmir commission did not have the authority to investigate alleged human rights violations committed by members of paramilitary security forces. “The NHRC has jurisdiction over all human rights violations, except in certain cases in which the army is involved. In those cases the state of Jammu and Kashmir is covered under the Armed Forces Special Powers Act. Since the Ministry of Home Affairs controls paramilitary forces, the NHRC has full authority to investigate the cases of human rights violations committed by the paramilitary forces in the Northeast States and Jammu and Kashmir,” the report adds. WOMEN IN CONFLICT: Women in conflict situations, such as in Jammu and Kashmir, and vulnerable women, including lower-caste or tribal women, were often victims of rape or threats of rape. “National crime statistics indicated that, compared with other caste affiliations, rape was most highly reported among Dalit women,” the report adds. The report says that separatist insurgents and militants in Jammu and Kashmir, the Northeastern States, and the Naxalite belt “committed numerous serious abuses, including killings of elected political leaders, armed forces personnel, police, government officials and civilians.”
Posted on: Sat, 01 Mar 2014 02:46:02 +0000
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