Abuse Of Rule Of Law in Jammu Kashmir
Advocate Babar Jan Qadri
The concept of state is directly dependent on the welfare of the people. Every state in the world takes care of its people by set of principals and norms usually called as law. Though the states which is governed by dictators and monarchs are in famous for their governance but still they try to ensure justice even if that judicial system is questioned by the civilized world. As it is projected by the Indian system that the country India is thriving on rule of law and democracy but the brazen faced reality is that some of the areas which is under Indian systems control is ruled by national interest coupled with political and bureaucratic corruption.
In Kashmir rule of law is something which is creature from outer space to common native Kashmiris. The basic rights which are inherent in every human being as per the international laws and even guaranteed by Indian constitution and justice system . After a person with sanity enters into the territory of JK he is made to feel that these rights have been snatched from the citizens of this unfortunate paradise. Every one in Kashmir is constantly vulnerable to lethal risks, the risks which are patronized and backed by administration in charge which includes both military as well as civil administration.
One cannot explain a situation where people are killed for earning promotions, rewards, Padamasharies and spreading horror in the society. How can Indian system justify the hundreds of events of massacres, Molestations, mass graves, tortures and enforced disappearances, besides a huge army of orphans, widows and half widows. The justice system India has actually declared war on Kashmiris as the system justifies the punishment to a Kashmri by observing that by hanging Mr. Afzal Guru they will satisfy Indian urge.
The rule of law and justice system is so a weak in JK that even a lay man laughs at. We as lawyers feel ashamed of joining this profession when court orders are dishonored and violated by the so called law enforcing agencies especially the police as an intuition. The situation in JK presently is worst than the erstwhile Nazi Regime. Any Political Analyst would compare the methodology adopted by Govt. and enforcing agencies with Israeli, US, KGB style. As a student of Law i fail to understand how can person who is minor be a threat to Indian security that too with a petty stone. As per Indian state records more than five thousand FIRs have been logged against the Youth of Kashmir thus ensuring that they are rendered handicapped as for as their professional and academic carrier is concerned.
Recently after my visit along with my friends to Srinagar central Jail we came to know about the torture which the detainees faced in different police stations. The most horrible was that the detainees were injected petrol injections which causes severe pain for days altogether and secondly the rats were locked in the trousers of the detainees which hardly one can imagine in present day civilized world.
Unfortunately the judicial system is so a weak here in JK that the human rights violators least bother to pay any heed to justice system. The enforcing agencies in JK are acting as courts them selves deciding the fate of the detenue in their chambers. That is why the people in Jammu Kashmir call the police posts as the tyranny centers. The people in Jammu and Kashmir have virtually lost faith in the justice system as the same has failed to protect the people from the state wrath. It is astonishing that state administration has repeatedly declared that no minor is arrested or detained but even after observing factually and practically in the courts our justice system has never bothered to inquire and seek explanation from the Civil administration.
It was duty of the justice system in JK to protect life and property of the citizens as both are vulnerable. Wasn’t this duty of Justice system to take somoto cognizance of mass graves in Kashmir, enforced disappearances torture as institutional crime and systematically involving youth especially minors in different FIR’s. It is clear that civilized world has lost sight over in human treatment met to Kashmiris. Indian state used all its power and methodology to spread fear psychosis in Kashmiris in order to ensure that they do not ask for their birth right.