Matrix Report
A recent report released by the UN Secretary General’s office has released on the “Plight of Prisoners and Change of Demography in Indian Administered Jammu and Kashmir” (IIOJK)” draws the attention of the global community to the high-handedness with which the Indian authorities are changing the 92 year domicile laws ( after abolition of the Art 35-A on August 5, 2019).
Originally submitted by the Jammu and Kashmir Council for Human Rights (JKCHR), and now released as “UN General Assembly document NGO7” the report cautions about the impact that settlement of non-Kashmiris could have on the Muslim majority region.
“This is being done to administer a ‘demographic change’ in the Muslim majority Kashmir,” says the report and underscores that the UN has a duty to prevent this from happening.
Although Para 22 of the OHCHR report of June 2018 has duly expressed that “there remains an urgent need to redress past and ongoing human rights violations and to deliver justice for all people in Kashmir who have been suffering seven decades of conflict”, it says and points out the difficulties that families of prisoners now face.
“The Governor an appointee of the New Delhi Government, in the absence of an elected Government, carried out an amendment in the law on 13 July 2018, allowing the removal of a Kashmiri to a prison outside the State. The change in law created difficulties of means and distance for families to visit their loved ones in various prisons in India. In addition the Kashmiri prisoners were exposed to hostile climate and hostile attitudes of prison authorities,” the report states.
The Domicile Laws are an instrument to phase out the protection that has been available for the past 92 years (from 20 April 1927) to local residents. New categories have been created on the basis of 15 years residence, 10 years’ service in state-employment or 10 years stay for education for any non-Kashmiri (non-State) to be eligible as a resident of the disputed State. Non- Kashmiris (non-State subjects) have been made eligible for jobs in the disputed State. It would change the demography and prejudice a free and secure Plebiscite under UN supervision.
It points out that the Tihar jail in Delhi is full of Kashmiri leaders, political activists and others for their dissenting political views and for their demand to have a UN supervised referendum in the State. Covid restrictions, hot climate, lack of medical care, difficulty in travel for visiting families and the hostility of the jail authorities have caused grave concern to prisoner’s families. It is for the first time that three Kashmiri Muslim women have been taken prisoners and are lodged outside the State in Delhi prison. JKCHR has also submitted the details of Kashmiris prisoners in its written statements NGO 52, NGO 113, NGO 138 and NGO 113 submitted at the 36th, 37th, 39th and 41st session of the Council.
The Council needs to know that the abuse of human rights in Kashmir (Indian administered), graduated into the use of “One of most dangerous weapons, the pellet firing shotgun, which is a 12-gauge pump-action shotgun that fires metal pellets”. (Para 79 of OHCHR Report June 2018), the JKCHR reminds the UN. “The pellet-firing shotgun was first used in Kashmir during mass protests in 2010; is not known to have been used against protesters anywhere else in India”. Para 80 of OHCHR report of June 2018 has carried full details on the use of these pellet-firing shot guns and how eyes of the victim are the target
The JKCHR has therefore asked the UN Human Rights Council to consider Kashmir as a “Special Situation”. The released document has pointed out that Indian authorities have started using prisons as an instrument to cause harm and even death of the prisoners.
