Draconian laws due to which kashmiries have suffered

AFSPA

 Armed Forces Special Powers Act was passed on September 11, 1958, by the government of India this law granting special powers to the Indian armed forces, this act is applied to all the Disturbed areas of India. AFSPA is applied in Assam, Manipur, Punjab and J&K, due to the enforcement of this law in the disputed areas human rights violations, arbitrary killings, indiscriminate torture, cruelty, custodial killings, mass rapes, unidentified graves and forced disappearances have happened by the hands of Indian Armed Forces,

Decades have passed since this law was passed and enacted in Jammu and Kashmir; people of Kashmir have witnessed worst kind of human rights violations in the due course of time.

POTA

Prevention of Terrorism Act was an anti-terrorism legislation enacted by the Parliament of India in 2002. The act replaced the Prevention of Terrorism Ordinance (POTO) of 2001 and the Terrorist and Disruptive Activities (Prevention) Act (TADA) (1985–95), and was supported by the governing NDA government. The act was repealed in 2004 by the United Progressive Alliance coalition.

Under this law suspect could be detained for up to 180 days without the filing of chargesheet, It also allowed law enforcement agencies to withhold the identities of witnesses due to this feature lot youth were disappeared forcefully, and under this law a confession made to the police is as an admission of guilt. Under regular Indian law, a person can deny such confessions in court but in Kashmir you cannot afford to challenge.  

Indus Water Treaty

The Indus Waters Treaty is a water-sharing treaty between Pakistan and India, brokered by the World Bank. The treaty was signed in Karachi on September 19, 1960 by Indian Prime Minister Jawaharlal Nehru and President of Pakistan Ayub Khan (President of Pakistan). The treaty was a result of Pakistani fear that since the source rivers of the Indus basin were in India, it could potentially create droughts and famines in Pakistan, especially at times of war.

Rivers originating from Kashmir and flowing westwards into Pakistan have been sold out to Pakistan means Jammu and Kashmir cannot use the river water of Indus, Chenab and Jhelum for irrigation, storage of water in dams and generation of electricity.  This act has hampered growth and development of the state tremendously.

Public Safety Act

One of the most draconian laws applicable in Jammu and Kashmir, Public Safety Act (PSA), that is being liberally used as a repressive measure to scuttle any dissent, often also for victimizing innocent youth, ironically finds its roots in the Defense of India Act (DIA) during the British rule. In fact, the PSA happens to be a more punitive form of the DIA that was described by various National leaders including Mahatma Gandhi as draconian and a black law enacted by UK to suppress Indian freedom struggle.

1.         This Act may be cited as the Public Safety Act. 

Governor may make regulations in emergency. 

2.         Whenever the Governor-General is satisfied that a state of civil commotion which threatens the public safety exists or is likely to arise in Belize or in any part thereof, he may by order make regulations for all or any of then following matters, that is to say-

(a)     the regulation, restriction or prohibition of the entry of all or certain persons or certain classes of persons into, the movement of such persons within, and the exit of such persons from, such area or areas as may from time to time be prescribed by the Governor-General; 

(b)     the regulation or restriction of the movements of means of transport and supply of animals or articles which give motive power to the means of transport; 

(c)    the regulation or restriction of the supply or possession of intoxicating liquor and the prohibition or restriction of the opening or closing of premises or any part of premises in which intoxicating liquor is sold or supplied or of the opening or closing of any house of refreshment, resort and entertainment licensed under the Intoxicating Liquor Licensing Act [CAP 150. ]; 

(d)     the regulation of the storage, possession or use, by all persons 

or by certain classes of persons or by persons in particular areas or by persons following particular occupations, of firearms, ammunition or explosives, and all or any offensive weapons or instruments of whatever description and the seizure and forfeiture thereof, and the limitation or variation of the conditions of any licence, certificate or permit possessed by any persons under any law relating to arms, ammunition or explosives; 

(e)     the regulation, restriction or prohibition of gatherings of persons in any place whatever and the prohibition of the holding of meetings in any place whatever without the permission of the Commissioner of Police and any gathering of persons or meeting held in contravention of any of the provisions of any regulations made under this subsection shall be deemed to be an unlawful assembly and may be dealt with accordingly; 

(f)     the prohibition and prevention of any description of intimidation or acts or threats of violence or any other disorderly conduct of whatever description; and 

[S.I. 19 of 1964.] 

(g)     generally for all such matters as in the opinion of the Governor-General will better provide for the public safety.

Penalty for contravening regulations. 

3.         Every person who infringes or contravenes any of the regulations made by the Governor-General under this Act is guilty of an offence and is liable on summary conviction to such fine not exceeding two thousand dollars or to imprisonment for such term not exceeding twelve months, or to both such fine and term of imprisonment, as the Governor-General may prescribe. 

Defacing regulations, etc. 

4.         Every person who without lawful authority, the proof whereof shall 

be upon him, defaces, obliterates, covers over, removes or destroys any copy of any of the regulations made by the Governor-General under this Act affixed to any building or place shall be guilty of an offence and shall be liable on sum-conviction to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding six months. 

Arrest. [S.I. 19 of 19

5.     In respect of offences against any regulation made by the Governor-General under the authority of this Act-

(a)     the offender, or if there is suspicion of such an offence which is of a serious nature, the suspected offender, may be arrested-

(i)     upon the warrant of any person authorised by law to issue warrants; or 

(ii)    upon the written order of any officer of the police department; or 

(iii)     if there is reason to believe that the delay in obtaining a warrant or written order would defeat the ends of justice or prevent the enforcement of those regulations without any such warrant or written order;

(b)     if the offence or suspected offence against those regulations is not of a serious nature it shall not be necessary to arrest the offender or suspected offender but he may be summoned or warned to appear before the magistrate's court in a manner prescribed by the law, rules and practice governing such court; 

(c)     any arrest made under this section may be effected by any member of the police department.

Bail. 

6.         A person charged with or suspected of an offence against any of the regulations made by the Governor-General under the authority of this Act shall not be admitted to bail if the offence is in the opinion of the magistrate of a serious nature. 

Rise and fall of Akhwan, the hired Indian mercenaries

A guy named kooke Perray from Hegin village in north Kashmiri, in the early seventies in his boyhood he used to be a Kashmiri folk singer (Bucche kot) and the after the rise of militancy in the late eighties he joined the armed struggle against India and became a militant, his true aim was not to fight for the struggle of freedom but it actually was to loot the common man and to capture wealth by the exertion of force and he was successful in vandalizing and destruction of common man. In short he was sleazy savage who was recklessly killing, robbing vandalizing and inflicting the common man.

In eighties he surrendered as a militant and was prisoned for some time, the real story starts from that time when he was released from the jail he was actually hired by the Indian intelligence and he was made the leader of Akhwan a new armed group, they could also be called Hired Indian mercenaries. He further hired pick pockets, gondas, hicks, goons and ex-militants, you can say people with bad record were made to join this group; this group of goons were empowered by Indian army lots of funds where spend on them, they were provided with sophisticated machine guns and AK’s.

Within a short span of time they gained popularity they started crack downing villages, hamlets and cities and started taking extortion money, people were kidnaped, suddenly crime against women and molestation expedited within no time. They used to beat innocents whether you are a young man, kid, women or an elderly person you can’t save yourself from getting beaten up by them.

 In those days of Akhwanian era I used to be a primary school boy, I am writing this blog post because sour memories of my childhood are still excruciating and haunting me and same is the case with every boy who has lived during that phase.

                                   I remember during the years of nineties when I used to be a kid, and in those days when you suddenly hear the sound of knocking at the door in the middle of the night and suddenly your heart will start beating faster you will just try to ignore the consequences of opening the door, but waves of fear starting from the heart will grip your entire body and you your breathing will suddenly come to an halt as if some on have strangled you.

In those days when somebody knocked at your door in the middle of the night, there are three probabilities. The first being there could be a militant asking for some food and shelter for few days the second probability can be they might be army for some search operation and the third probability is that they might be deceived and barbarous Akhwan mercenaries coming to loot some money and for vandalisation, people didn’t feared from that much from army and militants because they knew that their job is mission specific and they would not harm the common man, but the Akhwanies were not mission specific they could do whatever they wanted depending upon their mood, they can beat you up, they can take your valuables, they can burn property and even they may kill or torture you without any fault or reason.

There era continued for few more years when true militants came to know about their mischievous activities they started killing them with no mercy in couple of years most of them were killed. I remember a guy who was a true mujahidin he tricked the Akhwanies and joined their group as a member. One night when all the members of group were sleeping he killed them all and few years later their leader was killed by militants when he was travelling in the car and hence the Akhwanian era came to an end, but that nightmare has left a permanent scar in the memory of kashmiries and that scar can never be healed.       

Indian indifferences towards kashmir

Few days back an innocent young girl in her early twenties was brutally gang rapped by some drunken goons in a running bus, the barbarism was so intense that her private parts and small intestines were damaged permanently, we as human beings must condemn such an act of inhumanity and aggression against the weaker sex of our society. we must pray for for the early recovery and rehabilitation of victim as she is on ventilator and she has suffered a massive trauma.

 such an event of injustice and barbarism should be highlighted and media has done their job and people are aware about the incident country wide , masses are on the streets shouting slogans protesting for a stringent law should be made against the rape suspects, and that is right their should be capital punishment against the preparators, the punishment should be so intense so that no one would dare to think about such an heinous crime. 

now if we rewind back in the history we must remember the incidents that have taken place in kashmir, some 60 women aging from 14-80 years have been rapped by the Indian army in a single night. And that biggest nightmare which took place in shopian south kahmir where two women one of them was pregnant were brutally rapped and murdered by indian armed forces. decades have passed away from the first incident that took place in north kashmir and four years have passed from the shopian incident but unfortunately justice has never been prevailed, not a single army personal was convicted till now because they always had the shield of AFSPA (armed forces special powers act) again a draconian law. This is what we call alienation in true sense,

In those difficult times people of kashmir stood united and masses from ever nook and corner started protesting against the tyrant and barbarous Indian army, those protests continued for almost six months  

which led to the death of further 115 people , unfortunately no one from india listened to the hue and cry of kashmiri people , at least they should have supported kashmiries in the protest against the inhuman activity by indian armed forces.

it is clear to me and to every kashmiri that indian media and indian people are totally biased and their is a clear cut indifference towards the people of kashmir, this sickining and rotten indian society is making us sick.

wake up indians you must listen to our voices we are also humans and we also feel pain in our nerves.

Every time an indian women is rapped it is called barbarism towards women and when a kashmiri women is rapped by indian armed forces it is just kept hidden as if nothing has happened !!! 

              Indian indifferences towards kashmir