UNSC has no role in Jammu Kashmir , UN Experts falsely accusing India
   23-Aug-2019

 


 
Ignorance is a bliss, but not when one is an office bearer of the United Nations. We are talking about Five signatories of UN, who, while exhibiting their ignorance, not only about India’s integral part Jammu Kashmir but also about the UDHR, have termed the restriction on communication in Kashmir as ‘Collective Punishment’. They have signed a joint statement, “The blackout is a form of collective punishment on the people of Jammu and Kashmir, without even a pretext of a precipitating offence”. These great champions of Human Rights are, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, David Kaye, Special Rapporteur on the situation of human rights defenders, Michel Forst, Chair-Rapporteur of the working group on enforced or involuntary disappearances, Bernard Duhaime, Special Rapporteur on the right to peaceful assembly and association, Clement Nyaletsossi Voule and Special Rapporteur on extrajudicial, summary or arbitrary executions, Agnes Callamard.They called the shutdown of all internet and communication networks without justification from the government, and declared that they are “inconsistent with the fundamental norms of necessity and proportionality”. These champions are also concerned about the curfew imposed in some parts of the state.

Let’s examine the lame arguments and hollow statements of these representatives of the UN. They have referred to Article 19 of the UDHR or the Universal Declaration of Human Rights, which provides- Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

Now let us see the context in which these ‘Famous Five’ referred to this Article 19 of UDHR.

The context is the decision of Govt of India to deploy some troupes in Jammu Kashmir, anticipating violence and the suspension of internet and phone services, to prevent rumor mongering, spread of false information, possible incitement to violence, post amendment of Article 370 and removal of Article 35 A. All of this has been done for safety and security of the people of J&K. Initially the suspension started on 4th-5th Aug was imposed in the entire state, gradually it was relaxed in some parts, and currently these communication services are suspended in parts of Kashmir valley, the smallest part of the state.

A state grappling with terrorism and separatism since 1990s, a state where Pakistan is consistently sending trained fidayeens and terrorists, is a sensitive state and the onus to protect the territorial integrity and unity of the land and safety of lives of people is on the govt. To ensure the above, India, a sovereign nation, is well within its rights to take all steps to deal with separatism and terrorism and it will take every precautionary measure to prevent loss of lives. Hence, the suspension of communication services, by no means can be called ‘without justification’ and any way, India is not supposed to justify it to the UN.

When the statement is coming from none other than the UN office bearers, one is bound to take it seriously and analyse it as well. We did the same, and by analyzing it we were flabbergasted to see the ignorance, the bias, the lopsided vision of the ‘Famous Five’. IS it not a matter of concern, that those, disturbed by the inability of people from the valley to ‘express themselves’ temporarily, were not distressed when under Article 35 A not one or two but several Articles of UDHR were violated blatantly by the political leadership in J&K?

The following examples of provisions of Article 35 A violating the UDHR will enlighten our readers about the Champions in Hurry from the UN:

Article 2: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, se, language, religion, political or other opinion, national or social origin, property, birth or other status……..

Under the pretext of protecting its identity, the political leadership in J&K invented a draconian law, Article 35 A. This provision was inserted in the constitution without approval of the Parliament and it denied equal and basic human rights to lakhs of people, including Women of J&K, West Pakistan Refugees who were victims of Partition 1947 and were asked to occupy the border villages in Jammu by Sheikh Abdullah, obviously to secure the border areas, Valmikis or the Scheduled Caste persons, who were brought from Panjab in 1957 to work as sweepers in Jammu municipality because of a month long strike of sweepers in Jammu, and Gorkhas in J&K.

Article 3: Everyone has the right to life, liberty and security of person.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.

Article 7: All are equal before the law and are entitled without any discrimination to equal protection of the law.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.


Article 13: (1) Everyone has the right to freedom of movement and residence within the borders of each state. (2) Everyone has the right to leave any country including his own, and to return to his own country.

The people who came to India in 1947 during the partition were given all the rights as any other citizen, but in J&K the West Pakistan Refugees, were not given any rights at all. For seventy years, they lived in abject poverty, deprivation and were exploited consistently by the govt.

People from rest of India were not allowed to settle down/ reside permanently in J&K, although people from J&K could reside anywhere in India.

Article 16: (1) Men and women of full age, without any limitation due to race, nationality or religion have the right to marry and to found a family. They are entitled to equal rights as to marriage, during marriage and its dissolution. (2) Marriage shall be entered into only with the free and full consent of the intending spouses. (3) The family is the natural and fundamental group unit of society and is entitled to protection by society and state.

The Women in J&K under the Permanent Residence Certificate rules, the women’s PRC had “Valid till Marriage” written on it and they were stripped of all their rights, if they married a man who was not a Permanent Resident of J&K or who was living out side the state. This included denying the woman the right to education in professional educational institutions, right to get govt jobs, start a business, buy property, inherit property, vote in local bodies and state legislature, contest elections etc. Whereas if a man married even a foreigner, he continued enjoying all his rights and even his wife got all the rights. In the year 2002 although the High Court of J&K did away with the “Valid till Marriage” rule, the children of such women were not given any rights, whatsoever in the state.


Article 17: (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.

People from rest of India were not allowed any property rights in J&K, although, people from J&K could enjoy all property rights in rest of India.

Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.

Article 21: (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (2) Everyone has the right of equal access to public service in his country. (3) The will of the people shall be the basis of the authority of government: this will be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.

Article 23: 192 (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. (2) Everyone without any discrimination has the right to equal pay for equal work. (3) Everyone who works has the right to and favorable remuneration ensuring for himself and his family an existence worthy of human dignity and supplemented if necessary by other means of social protection. (4) Everyone has the right to form and to join trade unions for the protection of his interests.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.

The Valmikis, despite getting educated, were not allowed to take up any job other than that of a sweeper in the Jammu municipality. Nowhere in the world, one will find parallel to this, where a large section of society is compelled to live in subjugation, deprivation and denial fro seven decades.


People from outside J&K were not allowed to get employment in J&K, although peole fromm J&K could get a job anywhere in India.

Article 26: (1) Everyone has the right to education. Education shall be free at least in the elementary and fundamental stages. Elementary education shall be compulsory. Technical and professional education shall be made generally available and higher education shall be equally accessible to all on the basis of merit.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.

All the children of J&K were deprived of Right to Education, because this Fundamental Right to education was not implemented in J&K, thanks to Article 370/.

Article 29: (1) Everyone has duties to the communities in which alone the free and full development of his personality is possible. (2) In the exercise of his rights and freedoms everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations.

This was not at all applicable in case of Women, West Pakistan Refugees, Valmikis and Gorkhas in J&K.

Imagine, those who see India with colored glasses, obviously were blind to the above-mentioned violations of UDHR, brazenly defended by the politicians from the valley for seventy years. The actions taken on 5th and 6th August 2019, should have been taken in 1957, when the Constituent Assembly of J&K dissolved itself without recommending the abrogation of Article 370. To protect the rights of people, to ensure the implementation of Equality, Liberty and Justice, to secure the integrity and unity of India, it was necessary to remove the Temporary Provision Article 370. In the process if some inconvenience is caused, temporarily, then that cannot be a concern of the UN. It is internal matter of India and as mentioned before, it is well within the powers and rights of India as a sovereign nation.

How is it that no one from the UN ever talked about these issues, never raised any concern or signed a Statements about grave violations of the UDHR????

One more area where grave violation of UDHR is taking place for seventy years the Pak Occupied Jammu Kashmir. The areas of Gilgit, Baltistan, Mirpur Muzafarabad, all parts of J&K are illegally occupied by Pakistan since 1947. The UN passed resolutions declaring Pakistan the aggressor and asked Pakistan to withdraw its army immediately from the POJK, but did nothing to ensure that Pakistan complied!!

The result is grave human rights violations, atrocities, exploitation and human rights crisis in POJK. For example, in 2003-2004 some Shias objected to certain content of Islamiyat in school text books. This objection resulted in large scale violence and the schools remained shut for full one year!! Forget internet, they don’t have regular supplies of electricity and communication, no proper roads Assassinations, ethnic violence, forceful change of demography by settling Pakistani citizens in these illegally occupied territories of J&K is a common phenomenon. Dissent is suppressed with iron fist. All of this is happening I n broad day light. Despite repeated complaints from India and some of the civil rights activists form POJK the UN has remained Blind, Deaf and Mute!!

So, Our advice to the Famous Five- Champions of Human Rights from UN is to do a little Home Work and a little research before making a fool of themselves in full view of the entire world…..