InternationalVOLUME 15 ISSUE # 13

Systematic violation of rights in occupied Kashmir

The Universal Declaration of Human Rights is a legal instrument, recognized by the UN at its 183rd session on December 10, 1948, as Resolution 217 – that comprises some principles which protect the primary rights of all and sundry irrespective of race, religion, sex, creed, and colour. The codified document contributes to the certain defined international laws regarding human rights.

All states are required to formulate their constitutions and laws under the aegis of the principles. Not even a single segment of any society can be deprived of the fundamental rights as mentioned in the Universal Declaration of Human Rights. The UN is liable to ensure fair implementation of human rights by channelizing its other bodies. However, unfortunately, the laws and principles could not be rationalized in a practical way because of the gross violation of human rights in a number of parts of the world; Indian occupied Kashmir is one of them. Some months ago, India also committed “constitutional terrorism” by abrogating the Article 370 and article 35-A that is totally against the principles or articles of UDHR.

We can observe the blatant breaches of grave violations of human rights in many regions. But the UN has a very confined role and limited implication. Syria, Iraq, Yemen, Palestine, Kashmir, and other parts of the world are sweltering in the heat of grave violation of fundamental rights in the shape of mass killing, rape, child abuse, and mental torture. It seems in the ongoing prevailing condition of human rights that “every state for itself” rather than for humanity is getting ascendency and the UN also follows in the footsteps by narrowing its purpose and rights for bringing peace and protecting human rights.

According to the Universal Declaration of Human Rights, there are some rights which are granted to every human being who takes birth on the planet. These rights are non-derogable. The term “non-derogable” -mentioned in UDHR- refers that these primary rights can never be violated even in the condition of emergency. For instance, the Article 1 of the Universal Declaration of Human Rights states, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” But we can examine the blatant violation of the UDHR article in Kashmir, Palestine and other parts of the world. But the scrapping of the Article 370 by India, that granted constitutional protection to the special status of Indian occupied Kashmir, and empowered Jammu Kashmir to formulate its own laws by retaining the identity of more than 94pc Muslims of the Indian occupied Kashmir, is violation of the 1st Article of the UDHR.

Furthermore, the Article 2 of the Universal Declaration of Human Rights endorses and protects due freedom and liberty without any discrimination by stating that “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or another status.” Sadly, the article has been violated at large levels in Indian occupied Kashmir for many decades by raping girls, slaughtering people, blinding protesters by using pallet-guns, and depriving Muslims of Kashmir of the non-derogable rights which have been granted and protected by the UN for all human beings. The scrapped Article 35-A ensured that citizens of Indian occupied Kashmir would enjoy separate fundamental rights, and property rights as compared to the other parts of India. The Indian government not only committed the gross violation of the Universal Declaration of Human Rights by snatching and wresting the separate identity and provision of primary rights of Kashmiris, but also legalized “constitutional terrorism” against human beings.

The Article 3 of the Universal Declaration of Human Rights reaffirms freedom, liberty, and security of all and sundry by stating that “everyone has the right to life, liberty, and security of person.” For many decades, Indian troops have been violating the article under the nose of the UN and the global community. More alarming is the silence of the UN and the rest of the leading powers in terms of practical actions. The League of Nations collapsed because of inadequate measures against the states that violated its principles. Only passing statements, introducing courses, conducting conferences and engaging the world in dialogue on human rights will never give a practical solution to the world to save human fellows from the atrocities of sanguinary nations, nor will it help the UN to retain its repute in future.

So, humanity is under challenges at two levels; international level, and governmental level. The UN along with leading world powers needs to address the challenges at all levels to save humanity. Last but not least, the UN should liberate itself from the shackles and monopoly of international powers which misuse its laws and structure for the sake of preservation of their legitimate and illegitimate national interests. The UN should take immediate actions on minor and major violation of its laws and constitution by deploying police and peacekeeping missions. It must force India to repeal the presidential order and legislation that wrenched the special status of Kashmiris. UN police and peacekeeping missions should be sent to Indian occupied Kashmir to implement the UDHR in more effective ways.

If the UN only passes statements of condemnation of the violation of human rights from the Indian side, there would be a threat to itself in the womb of time and, perhaps, it may collapse like the League of Nations. So, the UN along with the permanent members of the Security Council must take practical steps against the “constitutional terrorism” of India and let the Kashmiris enjoy their basic rights.

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