AN unjust law is no law, warned Martin Luther King, the celebrated US human rights icon. The Kashmiris have been living with such laws for decades. At least one in every five Kashmiris has at some point or another in his/her life suffered violence, humiliation, torture and old-fashioned abuse at the hands of security forces without any recourse to justice or a distant promise of retribution.
The Armed Forces (Special Powers) Act has been a license to abuse, torture and kill the Kashmiris in their own land. A law that confers â€œspecial powersâ€ on men in uniform to do as they please and get away with it; a law that the UN says violates â€œcontemporary international human rights standardsâ€ and a law that cannot be challenged in any court of law no matter how grave the crime.
Following the division of the subcontinent in 1947 when India and Pakistan actively courted the princely state of Jammu and Kashmir, it was promised a â€œspecial statusâ€ and special treatment by New Delhi. The Article 370 of Indian Constitution was supposed to protect that â€œspecial statusâ€ of Kashmir. We made a lot of other promises as well that are too familiar to revisit here.
And we have ensured and protected that â€œspecial statusâ€ of Kashmir by gifting them the AFSPA that offers sweeping powers to the security forces while ensuring their total immunity. This special law has turned the Vale of Kashmir that the Moguls believed was paradise on earth into a beautiful hell.
Is it any wonder then the Kashmiris today find themselves hopelessly alienated and persecuted even as our politicians never tire of pronouncing the state an â€œintegral and inseparableâ€ part of India? How did we end up here? Who lost the paradise? The answer is out there and everyone knows it. In our desperation and determination to keep Kashmir with us and away from our neighbor, we have ended up losing the Kashmiri people.
Of course, the role played by Pakistani agencies, not to mention groups such as the one led by Hafiz Saeed, who have made a business enterprise of jihad, in adding to the woes of Kashmiris isnâ€™t in anyway insignificant.
But if an entire generation of Kashmiris has grown up loathing all things Indian it is because of the excessive presence of the security forces in the Valley and their heavy-handed approach to the local population. And if there is one thing that epitomizes all that has gone wrong with Indiaâ€™s Kashmir affair, it is the AFSPA. This black law has created a dangerous, ever deepening disconnect and gulf between the Kashmiris and the rest of India. A draconian law that belongs in a police state, not in the worldâ€™s largest democracy.
Thanks to these â€œspecial powersâ€, just about anybody could be picked up from anywhere any time, kicked, abused, raped, killed in broad daylight or simply disappeared and no one including the state government can do anything about it.
Security forces are a law unto themselves. And you see their power in full display all across the state including in capital Srinagar. There are more soldiers than tourists or even locals constantly reminding the Kashmiris of the original sin of being born in this land of incredible beauty. Peaceful protests last year saw scores of young people, some of them as young as nine, felled by the bullets of the forces that are supposed to protect them. In the course of fighting terrorists and cross-border infiltrators, we have turned this beautiful land into a permanent war zone and its proud people a hostage in this never-ending conflict with the neighbor. This war has claimed more than a hundred thousand Kashmiris over the past two decades, not to mention the tens of thousands who have gone â€œmissing.â€
If the 2,730 unmarked mass graves recently discovered across the state had been found elsewhere they could have shaken the world, as they did in Srebrenica, in Iraq and Rwanda. But they were met with stony silence in the ever-shrill Indian media and its self-righteous Western counterparts.
Human rights groups including the State Human Rights Commission that finally acted on the complaints of thousands of families of â€œdisappeared personsâ€ unearthing graves with hundreds of bullet riddled bodies fear this may be a tip of the iceberg. The dead in Kashmir have finally begun to speak up, as Arundhati Roy so evocatively puts it. But justice may still elude the victims as long as the AFSPA reigns in Jammu and Kashmir. And Indiaâ€™s powerful security and defense establishment, including the army, are determined to retain it. And why wouldnâ€™t they? Itâ€™s this law that allows the security forces to rule and treat Kashmir as their fiefdom without anyone, including the elected government, questioning their authority and excesses. Despite being a fine and vibrant democracy with robust democratic institutions and judiciary that we can justifiably be proud of, we are yet to realize that no people can be governed at gunpoint. Not in this age and time. Not with black laws like the AFSPA and not by constantly waving half a million guns that have contributed to the alienation of Kashmiri society and radicalization of its youth. If India is to win Kashmiri hearts and minds, it could do so only with love, compassion, respect and justice.