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The book is a comprehensive study on human rights in Kashmir in relation to the dynamics of Indo-Pakistani policies, providing a structured and interdisciplinary approach to the subject. Whilst surveying some of the most appalling case studies of human rights abuses, the book offers a methodical analysis of the structural and structured human rights violations in the divided Kashmir and placing them in a much broader context of South Asian politics. The book examines root causes responsible for a human rights violations-prone environment and climate of impunity in which the actors perpetrate their crimes unpunished, unwrapping legal and extralegal nexus behind the crimes. Human Rights Violations in Kashmir will appeal to students and scholars of peace and conflict studies, international relations, human rights studies and South Asian studies.
Examines the attacks on civilians by Indian government security forces. The report covers the summary execution of captured militants, warrantless house-to-house searches during which families were beaten, destruction of civilian property and use of lethal weapons against peaceful demonstrators.
Efforts to develop warmer relations between South Asia¿s two nuclear powers, India and Pakistan, will not succeed unless political violence in Kashmir is reduced. One of the key factors sustaining that violence is the dearth of economic opportunities, which ensures a steady supply of disaffected recruits to terrorists and militant groups. This report sketches the turbulent history of Kashmir from its division in 1947 through the revolt of 1989-90 to 2003, and then explores the economic dimensions of the conflict and the opportunities for peacebuilding. The governments of India and Pakistan, together with political leaders in Kashmir, must take the lead in promoting economic dev¿t., but they require the assistance of internat. financial institutions and of the U.S.
Key recommendations - A note on methodology. -- Background: People, the India-Pakistan dispute, political history, recent developments, and peace talks. - The people of Jammu and Kashmir - India-Pakistan dispute - Political history inside Jammu and Kashmir. -- Legal causes of abuses and impunity. Preventing arrest: Section 45 of the Criminal Procedure Code - Preventing prosecution: Section 197 of the Criminal Procedure Code - The Jammu and Kashmir Disturbed Areas Act and Armed Forces (Jammu and Kashmir) Special Powers Act -- The Jammu and Kashmir Public Safety Act, 1978 -- Legal weaknesses in the Human Rights Protection Act -- Weaknesses in military court jurisdiction. -- The origins of impunity: failure of accountability in Jammu and Kashmir since the start of the conflict. A. Shootings at Gawakadal, Srinagar - B. Death of Mirwaiz Maulvi Mohammad Farooq - C. The Beijbehara killings - D. The killing of Jalil Andrabi - E. Chattisinghpora massacre and ensuing killings. -- Recent abuses and continuing impunity. A. Killings - B. "Disappearances"--C. Torture and cruel, inhuman, and degrading treatment - D. Arbitrary detentions. -- Militant abuses. Militant goups and Pakistan's role in the conflict. - A. Politically motivated killings, summary executions, and intimidation - B. Direct and indiscriminate attacks on civilians - Militant attacks on schools and recruitment of children. -- Recommendations. To the government of India - To the state government of Jammu and Kashmir - To militant groups - To the government of Pakistan - To the United Nations - To the international community, in particular those states with significant influence on India, Pakistan, and militant groups. -- Acknowledgements.
In Historical Title, Self-Determination and the Kashmir Question Fozia Nazir Lone offers a critical re-examination of the Kashmir question. Through an interdisciplinary approach and international law perspective, she analyses political practices and the substantive international law on the restoration of historical title and self-determination. The book analytically examines whether Kashmir was a State at any point in history; the effect of the 1947 occupation by India/Pakistan; the international law implications of the constitutional incorporation of this territory and the ongoing human rights violations; whether Kashmiris are entitled to restore their historical title through the exercise of self-determination; and whether the Kashmir question could be resolved with the formation of international strategic alliance to curb danger of spreading terrorism in Kashmir.