peace and processes of violence final

8/3/2019 Peace and Processes of Violence Final

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Peace and Processes of ViolenceAn observation on situation

in Jammu and Kashmir from 2002 to 2009

A report by:Jammu and Kashmir Coalition of Civil SocietyThe Bund, Amira Kadal, Srinagar190001Tel# +91-194-2482820Email: ccs@;kccs.org

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mailto:ccs@;kccs.orgmailto:ccs@;kccs.org


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Peace and Processes of ViolenceAn observation on situation in Jammu and Kashmir from 2002 to 2009

Introduction:The data about killings, disappearances, suicides, fratricides, etc. in Jammu & Kashmircollected by JKCCS from 2002 to 2009 is based on the daily reportage in newspaperspublished from Jammu and Kashmir. All these newspapers are primarily fed by thereports of daily killing by the Jammu and Kashmir Police department.The data presents a deeply disturbing pattern of impunity in Jammu & Kashmir andcontains only reported killings. There might be killings which are not shared withjournalists in official records and may have remained unreported.

Inferences can be drawn from the data collected on selective forms of violence that haveresulted in killings, disappearances, suicides and fratricide etc. But it excludes otherequally painful types of brutality like torture, injuries, arrests, rapes, human shields,molestations and forced labour etc. along with the humiliations and their lasting traumaticconsequences as the data available for such crimes is difficult to obtain.Just a cursory glance at the graph of killings demonstrates a real quantitative decline thatregisters the fact that an attempt at creating an enabling atmosphere was made that couldhave carried forward the media-hyped processes of peace.However the impression generated by the rhetoric of peace-process between India andPakistan that reached its peak during April 2005 with the opening of Srinagar-Muzaffarabad bus service, does not seem to correlate with the factual details of violenceon ground zero in Jammu and Kashmir.From January 2002 to December 2009 more than 14,000 people lost their lives whichdepict Jammu and Kashmir more as a war zone. These people include militants, troopers,civilians, political activists and others.The data also throws up a picture of Kashmir wherein the residents look perenniallybesieged within the uncertainties of long-drawn conflict, an image that runs contrary toimpressions of normalcy created by the superficial discourses of peace.Unfortunately, 6588 people were killed from January 2004 to November 2008 (till theattacks in Mumbai), the period during which both the states trumpeted peace process. Thenumber of killings looks colossal in times of war let alone in a time of peace.

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In retrospect, meaning of peace for states is clam at borders while as for the people ofJammu and Kashmir the uncertainty deepened with the continued killings and graduallybrewed skepticism about the peace process.The initiation of the peace process should have with time factored in the ground itselfwith the cessation of hostilities from all sides coupled with respectful and meaningfulengagement with the people of Jammu and Kashmir.But the process itself was privileged over the peace which clearly reveals its outlook asstate-centric rather than people-centric in its intent and approach.Moreover, the decline in the number of killings should have been inversely proportionalto the concrete peace building measures taken in the context of conflict resolution. Butthe pattern that emerges from 2002, where in the graph experienced a relative decline; thepeace process appears to have been initiated in the paradigm of management rather thanresolution.For, the technical imperatives of the peace process in the guise of complete cessation ofhostilities that would have reflected a clear expression of intent on ground were missingfrom the very beginning.Rhetoric of peace process has unfortunately been used to cover the sustained patterns ofimpunity over the years in Jammu and Kashmir. Killing of people in response to people'sresistance has continued unabated, irrespective of the forms of resistance.People of Jammu and Kashmir have been responsive to the larger global and regionalgeo-political realties in their modes of resistance. In the changed global scenario massprotests in Kashmir emerged as the dominant expression against Indian oppression butthese peaceful unarmed demonstrations were responded to by disproportionate use ofstate force, resulting in loss of life, injuries and continued trauma.The state of India has shown indiscriminate mercilessness in its responses to both violentand non-violent forms of people's resistance, choking all the spaces for expressions ofdissent.Transition to non-violence, as the data of civilian killings (and bullet injuries) of last twoyears suggests, has been disregarded by the Indian state and met with brutal response,which is also reflective of the state's approach towards conflict transformation. This stateviolence was intended to choke the limited available space of dissent.Such a huge loss was inflicted on humanity despite claims made by the then Indian PrimeMinister, Mr. Atal Bihari Vajpayee in 2002 that the free and fair elections held for thefirst time would usher in an era of peace. However, daily life in Jammu and Kashmircontinues to be marked by killings, torture, indignities, humiliations and other brutalitiesinflicted by the state.

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The media bought and sold vociferously the state-induced rhetoric that free and fairelections are a remedy that can cure the conflict of its causes as well as consequences inJammu and Kashmir.

But the killings of 14033 people from January 2002 to December 2009 is indicative ofthe fact that free and fair elections don't translate into bringing peace unless the deeperpublic yearning for political justice is addressed.Despite holding many elections and changing many regimes peace, security andresolution remain elusive for the actual stakeholders - the citizens of Jammu andKashmir.Lives lost from 2002 to 2009The conflict from 2002 to 2009 has resulted in the loss of life of 3404 civilians, 7504militants (claimed by government), 2451 troopers and 674 others.A huge majority of those killed are Kashmiris which burdens the lives of survivors in thesociety. The state of affairs continues. Notwithstanding many PR exercises, there seemsto be no genuine effort in place from the states to stop further bloodshed and other formsof suffering.The insecurity at present, coupled with past anxieties, continues to darken the future ofthe majority of people here. The reason for this insecurity and the subsequent loss of livesmerits immediate redress to arrive at peaceful resolution of the conflict.Custodial Killings and Enforced DisappearanceAccording to media reports there were 225 custodial killings and 360 persons weresubjected to enforced disappearances from 2002 to 2009.Suicides and FratricidesFrom 2004 to 2009, 157 troopers committed suicide while as 55 personnel were killed infratricidal incidents. The data suggests high level of stress on the soldiers in the currentconditions. The magnitude of stress on the civilian population as a result of existingbesieged and insecure conditions can only be guessed.ProbesAccording to the available data, from 2002 to 2009 the government ordered 140 probeson different human rights abuses, out of which only 16 enquiries have been concluded. Injust one case an army personnel who was accused of rape has been punished formisbehavior and sent to 1 year rigorous imprisonment.

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Killings by Unidentified GunmenFrom the available data for the year 2008 and 2009, mysterious killings by unidentifiedgunmen have resulted in the killings of 47 persons in 2008 and 26 people in 2009.Children KilledSince January 2002 to December 2009, the conflict has consumed the lives of 258children (under the age of 18). In the first two months of 2010, 3 boys, Inayat Khan ofDalgate, Wamiq Farooq of Rainawari and Zahid Farooq of Brein Nishat have becomeprey to the indiscriminate use of violence.Last 2 yearsThe year 2008 witnessed mass uprising in response to a perception of Amamath landgrab and the subsequent economic blockade of an entire landlocked region. The year2009 witnessed mass protests in response to rape and murder of Aasiya Jan and NeelofarJan of Shopian.The means of protests that were civil in both the cases evoked violent and indiscriminateresponse from the state.Despite the repeated pledges of zero tolerance to rights violations by Indian PrimeMinister Mr. Manmohan Singh and the ex-Chief Minister Mr. G.N. Azad andpresent Chief Minister Mr. Omar Abdullah, people witnessed 152 civilians killings in2008, while as in 2009, 84 civilians lost their lives besides 13 custodial killings werereported during the two-year period.According to media reports available, between June 2008 and December of the sameyear, 1876 people including women and children were injured in state violence and as perthe hospital reports out of them 640 were operated upon and 6 were amputated.Similarly, year 2009 witnessed indiscriminate use of force by the state forces as aresponse to people's protests injuring 1600 civilians, which includes women andchildren.In 2007, 2 political activists of National Conference and one each from Congress andPDP were killed. In 2008 two political activists of PDP and Congress were killed whileas 5 political activists of National Conference were killed in the year 2009.RecommendationsOften the world media in general, and Indian media in particular, presents the killings andother acts of wanton violence as something unconnected and as an aberration whereas the

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analysis of facts shows that these atrocities are intrinsic to the military suppression of ademocratic demand for exercising the right of self-determination. It also convinces us ofthe need for creating an environment free from fear for necessary conditions, the absenceof which primarily contribute to commission of war crimes in the disputed territory.

In order to create proper ambience for resolution, an immediate end to the hostilitiesagainst the people of Kashmir is a must.Process of resolution cannot be used as an excuse for denial of rights today. So thehuman rights must be protected, promoted and respected now. While doing this, the senseof urgency should be quite visible and meaningful in people's assessment.Any processes initiated by the stakeholders for the final resolution of Jammu andKashmir needs to acknowledge the inalienable civil and political rights including right tolife of the principal party i.e. people of Jammu and Kashmir.Contrary to the claims by the states that the aspirations of the people of Jammu andKashmir will be respected in the final resolution, Indian government continues to holdhostage the right to life and security of people presently.An essential confidence building measure in this regard by the Indian state would be toput a complete end to its present belligerent policies towards people including theconstriction of public dissent.Based on the above observations and conclusions, we appeal the international consciencerepresented by various institutions like UN, EU, OIC and other humanitarianorganizations to intervene for effective lobbying and persuade Indian state to commititself to protect civil and political rights of Jammu and Kashmir people today. This in ourview will facilitate the initiation of a genuine process for peaceful resolution of the longpending Kashmir problem.ends ...

P.S. See appendices below for data.

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Ratio wise killings from the year 2002 to 2009Others killed

5% Troops killed17%

Civilians killed24%

54%

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Civilians killed26%

Y ea r 2 00 2

Others killed4% Troops killed18%

Militants killed52%

Civi li ans ki ll ed26%

Y ea r 2 00 4Others kill ed

6%Troops killed

20%

Mi li tants ki ll ed48%

Civilians killed27%

Year 2006Others killed

6% Troops killed16%

Militants killed51%

Civilians killed22%

Year 2008Others killed2%

Troops killed23%

Militants killed53%

Civilians killed24%


4% Troops killed15%

Militants killed57%

Civilians killed25%

Y ea r 2 00 5

Others killed5%

Troops killed12%

Militants killed58%

Civilians killed15%


8%Troops killed

23%

Militants killed54%

Civilians killed18%


6%

Militants killed51%

Troops killed25%

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peace and processes of violence final

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