Vague detention of Kashmir’s and situation of prisons in India

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By Aroosa Hafeez

The skies above India have gone dark with the smoke of hundreds of the dead being cremated. India is facing surge in deadly coronavirus infections and the situation in India is very critical due to instant spike in Coronavirus patients. The number of cases have been increased at an alarming phase in the last few weeks and continues to see record spikes in every single day. The number of deaths have also been rising consistently. The Indian media is creating a lot of hue and cry over shortage of medicine, oxygen cylinders, ICU beds and there is massive anxiety in the Indian citizensa. WHO chief Tedros Adhanom Ghebreyesus said that the situation in India, where COVID-19 cases have surged, is "beyond heart-breaking." But did some one bother when almost everyday two or three Kashmiris are martyred in the fake encounters, on the pretext they have witnesses who have furnished information that these Kashmiris were involved in stone pelting on Indian security forces. The death of Kashmiri youth in one year period was thrice the number those who become COVID – 19 positive.

Although COVID deaths is negligible as compared to the number of martyrdoms of the Kashmiris in extrajudicial killings and fake encounters but the condition of Kashmiri in prisions are deplorable. COVID-19 also hits India’s prisons. Indian jails have also became hotbeds of disease. There is alarming situation in prisons due to rapid spread of disease. After the India government abolished the autonomous status of Jammu and Kashmir in August 2019 and imposed direct rule from New Delhi, residents were confined to their homes and many people were illegally sent in prisons. Over the past few months many cases have been reported from jail. Every third prisoner in jail is tested positive for coronavirus.

After the abrogation of Article 370 and 35A by India, there was a rise in call for freedom in Jammu and Kashmir which faced immense suppression by Indian Security Forces and thus resulted in deaths and illegal detention of freedom fighters, political leaders, lawyers, activists and many other citizens of IIOJK under the Draconian laws like Jammu and Kashmir Public Safety Act (PSA) and Unlawful Activities (Prevention) Act (UAPA). All these tactics of Hindu nationalist government are used just to silence the voice and struggle for freedom.

Currently, approximately three thousand Hurriyat leaders, activists, youth, women and civil society members are detained in Indian jails. Among the illegally detained Huriyat leaders and activist include Muhammad Yasin Malik, Syeda Asiya Andrabi, Muhammad Ashraf Sehrai, Shabbir Ahmed Shah, Masarrat Aalam Butt, Fehmeeda Sofi, Nahida Nasreen, Shazia Akhter, Haseena Begum, Dr Abdul Hameed Fayaz, Dr Muhammad Qasim Fakhtoo, Altaf Ahmed Shah, Nayeem Ahmed Khan, Peer Saifullah, Raja Marajuddin Kalwal, Ghulam Muhammad Butt, Ayaz Akbar, Farooq Ahmed Dar, Shahidul Islam, Zahoor Ahmed Watali, Syed Shahid Yousuf, Syed Shakeel Yousuf, Farooq Ahmad Tawheedi, Ameer Hamza, Imtiyaz Haider, Hayat Ahmad Butt, Muhammad Yousuf Mir, Muhammad Yosuf Falahi, Muhammad Rafiq Ganai, Shafi Shariati, Advocate Zahid Ali, journalist Asif Sultan and many more uncounted prisoners (KMS).

Many of the prisoners are detained under the PSA but have no charge or trials and have not committed any criminal offence. These prisoners are just detained because their only crime is to support Kashmir right to self-determination and merger with Pakistan, therefore are labelled as “anti-national.” These prisoners were challenging Indian government and Security forces in Jammu and Kashmir and for that reason India detained these activists and leaders. Today, despite the surge in Coronavirus, these detainees are suffering in many jails of IIOJK and India.

Last week the spokesperson of the top Kashmiri Pakistani leader Syed Ali Geelani issued statement that Indians are settling non-Kashmiris and outsiders to bring demographic changes. On 26 April 2021, the Chairman of Kashmir Council Europe (KC-EU), Ali Raza Syed, has called upon the Indian authorities to immediately release all illegally detained Kashmiris in jails to save them from getting affected with the deadly virus in the different parts of India having less sources to fight this pandemic.

Indian government is acting like the Kashmiri prisoners are not humans and despite of the peek in Coronavirus patients in jail, Indian government is paying no heed and kept Kashmiris in prisons without any reason. Moreover, these prisoners cannot challenge their detainment because they don’t have any legal representation and are not even allowed to meet their families Indian government is intentionally extending the illegal detention of Kashmiris. Everyone has the right to enjoy full human rights under national and international laws, albeit India is openly violating all these human right laws. Indian government is turning a blind eye towards the pleas of Kashmiri prisoners and is committing grave human rights violations by detaining the citizens of Kashmiris without trials, many are even denied of possibility of judicial review.

Undoubtedly, the detainment of Kashmir’s is vague and clearly unspecified. The condition of prisons is extremely poor and now the situation of Corona in prisons is worst. So far, India has been ignoring the call of United Nations and other Human rights organizations in relation to its detainment policy. International community especially world rights bodies should straightway call upon Indian government and should pressurize them to release all the detainees without any delay, who are deprived of liberty to exercise their right of freedom without doing any crime. Indian extremist policy towards Kashmir people needs to be changed. Moreover, Indian government should ensure that all prisoners are in good health and should immediately release illegal imprisoned Kashmiris.


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