Migrant Labourers Face the Heat of Collective Punishment

Kashmir Times asserts that collective punishment for individual crimes cannot be acceptable in this editorial:

"Whether it is setting deadlines or issuing mere statements, the call for sending back migrant labourers working in Jammu and Kashmir is an outrightly pernicious one, spelling not just contempt for the outsiders but also several dangers for the people of this state. Those who first raised the demand seem to have now distanced from it. However, the perils are far from over. Last week a couple of labourers from outside Jammu and Kashmir, along with two other local accomplices, allegedly raped and then murdered a teenager student of class VIII at Langate. The crime is not only a heinous one, but is also an extremely sensitive one. Naturally, the rage of the locals exploded and spilled over the brim of all rationality and restraint. In the heat of the moment many of the migrants labourers there were beaten up and the rest went to bed scared of losing their lives or limbs in the hands of their enraged neighbours. Left alone the situation might have cooled down within a few days. But, that was not to be. Unfortunately, it was the Bar Association of Kashmir that was second to Syed Ali Shah Geelani in taking the lead in politicising and polluting this isolated, unfortunate and not a very abnormal an incident. A day before that Geelani while addressing a gathering in Handwara had called upon the migrant labourers to move out. Though, later he may have backtracked from his statement, the demand caught the fancy of many others. On Friday, July 27, the Bar Association passed a resolution asking all labourers from outside the state to quit Kashmir soon, so that they are no longer around to repeat such a crime. A day later, on the July 28, Hizb-ul-Mujaheedin too joined the fray by asking all outsiders to "Quit Kashmir" within a week. This timebound threat was enough. The ultimatum issued by HM had a salutary effect. Reportedly, around 7,000 migrant labourers have left Kashmir in the last three days and many more are expected to follow them in days to come. Such is the fear that any diktat issued by any well-known militant organisation still arouses that it can frighten the migrant labourers to run for their lives. The fleeing workers leaving, at least temporarily, both the valley and their future behind them do not blame their Kashmir neighbours, but their own fate and ask in dismay, why should the Bar Association and the HM decide to punish a large group of people, from many different states, for the crime committed by only a couple of black sheep among them? Was the demand borne simply out of whims or was there a design to whip up atavistic collective urge of a community? Though Hizb-ul-Mujahideen on Sunday denied having given any deadline and asking migrant labourers to move out, it is the Kashmir Bar's role that inspires shock. Why should the black-coated intellectuals of the valley fall victims to such puerile xenophobic emotion? They know very well why most of these outsiders are here in Kashmir.

Most of the outsiders are skilled workers and come here purely because there is a huge demand in the local markets for their skills. Many of them have been brought here by the contractors charged by the government or private builders to carry out certain development projects, only because locals are not skilled enough for those jobs. So, who will do these jobs if all of them are forced to leave? Not many local labourers are skilled to peform these jobs. So if the outsiders leave, it is development that will suffer. Perhaps, that may have been the reason why Mehbooba Mufti, some years back, chose to keep wraps over her earlier demand for sending back the outside labourers. Her hand on the lever of power, she had probably realised that this would not solve the unemployment problem of the state, instead it would block all development and affect the day to day economy and life of the common man. Perhaps, she was also conscious of the fallout of such a demand on the innocent Kashmiris working or studying in various parts of the country. Probably, it is the belated realisation of this economic truth and the possible backlash that persuaded both SA Geelani and HM to moderate their views on this issue. Both now they maintain that migrant labourers should not move out of the state, only the criminals among them should. Of course, criminal elements among them, including the 'informers', should be punished. But, criminals and informers are there among the locals also and who is going to screen them? Who would certify criminals and non criminals among both the locals and the outsiders? Whether Geelani or HM have retracted from their demand or have been misquoted by the media, their present demand to send home only the criminals among outsiders is equally ridiculous and does not only allow people to take law into their hands but also allows vested interests to make much of this opportunity. In these respects, it continues to be a dangerous demand and must be rolled back immediately. At the same time, the genesis of such pernicious demands, also needs to be understood. The abject failure of the state administration and its mammoth police force in dealing with the criminal elements despite repeated pleas of the people from various quarters of the state, is responsible to a great extent for the irrationality of such demands and the euphoria that first came with these. The state must realise its responsibility and begin the process of identifying and nailing criminals, whether they are locals or outsiders, to avoid such an unneceassary [sic.]confrontation.

Both Geelani and the HM have thankfully now realised that the average Kashmiri does welcome outsiders as labourers, tourists and pilgrim for reasons of their own economy and development. There might have been occasional attacks on them, most of them condemned by locals and militant groups, but, by and large, organisations, like the HM have extended their welcome to tourists and pilgrims. Besides, the separatists stand for a certain cause and they should know that many among the outsiders do sympathise partly with their cause, though not with their methods. So, why should those elements be unnecessarily antagonised and the economy of Kashmir left destabilised? A permanent exodus of these workers will mean a spurt in crime rates in their home states and in metros, like Delhi or Mumbai. So, the 'Quit Kashmir' notice is as bad as the occasional moves in many north Indian cities to evict their Kashmiri tenants or to boycott Kashmiri neighbours and businessmen. Exclusionism on atavistic lines has never served any noble cause."

Mirwaiz Decries Collective Punishment

The Mirwaiz faction of Hurriyat Conference while demanding severe punishment for the criminals involved in the Langate-Handwara rape and murder case, warned that awarding collective punishment for individual crimes would be a dangerous thing for the ongoing freedom movement. [Source: Kashmir Times]

Naga Peace Process Enters a Critical Stage

The next round of talks between the Government of India and the NSCN-(IM) that has started today, just on the eve of expiry of the ten year old ceasefire, holds the key to the future of the peace process.

The Morung Express states that ceasefire extension is likely to happen only in case of a definite political commitment from the Government of India.

The Indian Express reports:

"Ten years of ceasefire and endless rounds of peace talks with the Government of India may not have produced anything tangible that the National Socialist Council of Nagaland (NSCN) can speak about. But that does not worry NSCN Chairman Isaak Chisi Swu and General Secretary Thuingaleng Muivah, the two most important rebel leaders in the Northeast.

[...]

“It is the patience, perseverance and maturity of our leaders that peace talks with the Government of India have been on for ten long years,” said “Brigadier” Phunthing Shimrang, a senior NSCN(IM) leader, also a convenor of the ceasefire monitoring cell of the outfit.

[...]

...what the NSCN(IM) is most likely to press for in Tuesday’s meeting is a firm commitment from the Government that the issues earlier agreed upon would become visible on the ground. “The Government must implement its commitments made in the earlier rounds of talks,” Shimrang said, pointing at the issues raised during a people’s consultation that the NSCN(IM) held on Friday.

The people’s consultation had clearly said that the ceasefire should not be extended simply because it needed to be extended. “Let the Government make it clear that it is sincere in its efforts to resolve the Naga issue respectfully,” the NGOs and civil society groups had made it clear."

Rogue Company Dow Chemicals tries to avoid paying Rs 100cr

Olga Tellis reports in Asian Age:

"Dow Chemical chairman Andrew Liveris has in a letter to Indian ambassador to the United States Ronen Sen tried to enlist his support to get the Union ministry of chemicals and fertilisers to drop its demand for the payment of Rs 100 crores as a deposit for environmental remediation costs in Bhopal.

Dow Chemical, which now wholly owns Union Carbide, is currently embroiled in court proceedings, to which the Indian government is also a party, over a final settlement in Bhopal, where over 22,000 people were killed following a horrific gas leak at the Carbide plant in December 1984. The ministry of chemicals and fertilisers had applied to the court to order the company to pay Rs 100 crores as a deposit before anything else.

This is one of the obstacles that Dow Chemical wants removed before it re-enters India to do business, a move which the Indian government has been quietly encouraging.

In the letter to Mr Sen, Mr Liveris said: "The Government of India's ministry of chemicals and fertilisers applied to the court in May 2005 to order Dow to pay a deposit of Rs 100 crores (approximately $22 million) against environmental remediation costs. The court has to date deferred the ruling on the merits of the application. It follows logically from the GoI's statements regarding the non-liability of Dow that the MoCF should withdraw its application for a financial deposit against remediation costs. Certainly a withdrawal of the application would be a positive, tangible demonstration that the GoI means what it says about Dow's lack of responsibility in the matter." Mr Liveris begins his letter to Mr Sen by saying: "It was a pleasure to see you again at the US-India CEO Forum in New York on October 25. I specially appreciated your support in discussing a resolution of the Bhopal legacy issue as a tangible deliverable outcome of the CEO Forum. Given the statement made by the Government of India representatives in front of all meeting attendees that Dow is not responsible for Bhopal and will not be pursued by the Government of India, it will be important to follow through to ensure that concrete, sustained actions are taken that are consistent with these sentiments."

Mr Stanford Lewis, attorney on behalf of some shareholders of Dow Chemical, sent a copy of Mr Liveris' letter to Mr Sen to the US Securities and Exchange Commission and drew the attention of the SEC to the tone and contents of the letter. Mr Lewis writes: "In what would appear to be a naked effort to circumvent the normal judicial process, Mr Liveris seeks the intervention of the ambassador to get the ministry to withdraw its application. Regrettably, this effort does not take place in a vacuum. We note the recent bribery disclosures by Dow Chemical and the $325,000 penalty paid by the company to the commission related to bribes to Indian officials to register its pesticides in India."

Mr Lewis adds: "This letter betrays how difficult it will be for the company to resolve the Bhopal legacy in the manner now being attempted by Mr Liveris. As Mr Liveris acknowledges, the GoI and Dow are co-defendants in a public interest litigation. The GoI, he notes, has taken positions adverse to Dow."
Mr Lewis asks the SEC to note that the "letter may be seen to be contradicting arguments presented by the company in its no-action request on the Bhopal resolution." In a letter to the SEC on February 16, 2007, he said, Dow's counsel had asserted that the company "was taking no new initiatives regarding Bhopal", and submitted that there was inadequate evidence that the CEO has personally sought a response from the Indian government." Mr Lewis encloses Mr Liveris' letter to Mr Sen, saying that the letter demonstrates that the CEO and the company "are indeed actively involved in a form of negotiation and advocacy to address issues relative to remediation and liability [WINDOWS-1252?]— albeit to attempt to alter the course of current legal proceedings." Mr Lewis said in his letter: "We are gravely concerned that the company has set upon a course of doggedly standing on a prior legal outcome and refusing to take further action that could truly put the Bhopal tragedy behind it, all to the company's detriment. Whatever the merits or demerits of the company's legal position, the legacy issue persists as an impediment to future investment by the company in the important and burgeoning Indian economy. We believe that a reassessment of the company's best interests would dictate a different course and that consideration of new initiatives to address the specific health and environmental concerns of Bhopal's survivors will be critical to Dow's re-entry into this market. That is why we have proposed a resolution to require Dow's management to report to stockholders by October 2007 on any new initiatives regarding Bhopal."

Living in No-Man's Land: Stories from Other Side of the Fence

Naseer A Ganai in 'Border within the border in Gurez' in Greater Kashmir throws light on the travails of the farmers and vilagers who have been separated from their neighbours due to the erection of multi-layered fence by the Indian Army.

Conflict in Kashmir and Mental Health

Exploring the psycho-social costs of the armed conflict in Kashmir, a group of doctors find that the rate of suicide in Kashmir is among the highest in the world.

Peerzada Arshad Hamid of Tehelka reports that doctors at Srinagar's SMHS government hospital for psychiatric diseases have come out with a study that has found the prevalence of suicide in Kashmir to be 15-20 per 1,00,000 persons, a ratio among the highest anywhere in the world.

That the suicide rate has risen dramatically over the past two decades of conflict is indicated by the fact that in 1980, the National Institute of Mental Health and Neurosciences (NIMHANs), Bangalore, had found that the lowest suicide rate among Indian states was in Jammu and Kashmir, at 0.5 per 1,00,000 people.

Indian Helicopter Transfer to Myanmar Undermining EU Arms Embargo, Says Rights Body Report

‘Indian helicopters for Myanmar: making a mockery of the EU arms embargo?’, a report by European and international NGOs, including Amnesty International and Saferworld, cites credible sources to state that the proposed transfer of Advanced Light Helicopter (ALH) to Myanmar by the Indian Government could undermine European Union (EU) Arms Embargo on Myanmar. The Report reveals that the Indian-manufactured helicopter contains vital spare components from EU Member States and highlights the urgent need for stricter EU arms controls.

Saferworld’s Roy Isbister said:
“The EU embargo explicitly states that no military equipment should be supplied, either directly or indirectly, for use in Myanmar – what’s the point in having an arms embargo if it is not going to be implemented or enforced?”

The report calls on the EU to initiate immediate consultations with the Indian government and demands that if India plans to supply or has indeed already supplied ALHs to Myanmar, "EU member states should:

• withdraw all existing export licence authorisations and refuse any new applications for any transfers of components or technology that could be used for the ALH;
  
• discontinue all future production co-operation with India that might lead to transfers of embargoed equipment to Myanmar;
  
• attach to all future licences for transfers of controlled goods and technology to India a strict and enforceable condition prohibiting re-export to states under embargo."

Source: Amnesty International

Naga Parliamentarians and Legislators Call Upon PM to Extend Ceasefire

With the Naga peace process slated to complete 10 years on July 31, a delegation of Naga MP and MLAs of Manipur pleaded with the Prime Minister to adopt a time-bound strategy for an early political solution.

The delegation of MP and MLAs, who called on the Prime Minister, submitted a Memorandum and urged him to extend the ceasefire agreement for another period, here this week. The delegation included Mani Charenamei, Lok Sabha MP, Morung Makunga, Dr. Khashim Ruivah, Awangbou Newmai, K Raina, Danny Shaiza and Wungnaoshang Keishing, all MLAs.

“The Naga peace negotiation seems to be dragging on for too long without apparent results. It is our considered opinion that the Indo-Naga issue is purely a political problem, which has nothing to do with a constitutional crisis, and therefore, substantive issues should and must be solved politically,” the memorandum said.

“Any settlement reached between the Government of India and the NSCN short of Naga unification would mean creating more problems for the region and would not be acceptable to the Nagas. Gerrymandering of our lands by any parties with vested interest is not accepted by the Nagas as the stand of the Nagas for unification is imprescriptibly historical and political rights.” [Source: Assam Tribune]

Mirwaiz Rejects Relocation, Demands Complete Demilitarisation

Chairman of Hurriyat conference (M) Mirwaiz Umar Farooq on Friday rejected the proposed relocation of troops and asserted that the people of Kashmir want complete withdrawal of troops from Jammu and Kashmir. [Source: Greater Kashmir]

Manipur Government to Hold Talks with Kuki Armed Groups

Manipur government has decided, in principle, to hold peace talks with Kuki militant outfits in the state. The decision to initiate a peace process with the Kuki militants was taken at a cabinet meeting chaired by Chief Minister O Ibobi Singh some days ago after getting the go ahead from the union ministries of Defence and Home.

According to news reports, formal talks with militants could begin only after informal discussions among representatives of the state government, the Centre and militant outfits. The ceasefire between the state government and the militant outfits would be declared before beginning the peace talks and ground rules which were to be observed by both parties prepared, the sources said.

It must be noted that central forces such as Assam Rifles and the army deployed in Manipur had entered into a ceasefire with Kuki militant outfits in August 2005 without the approval of the Manipur government, to which the state government had sent its objections to the Union Home ministry. They said inspite of ceasefire between Kuki militants and central forces, frequent clashes between Kuki militants and state forces were continuing.

Guwahati High Court Orders Compensation for Custodial Death

The Guwahati High Court ordered the Union Ministry Of Home Affairs and the Army to pay a compensation of Rs. 3.5 Lakhs for custodial death of (late) A Purnima of Kha Naorem Leikai, Singjamei by personnel of 8th Assam Rifles in 2001. The compensation amount is one of the highest to be ordered by the Guwahati High Court.

Imphal Free Press reports:

"As per the case order, it was stated that Purnima was arrested on the intervening night of September 1 and 2, 2001 by personnel of 8th AR without issuing an arrest memo or giving any kind of explanation. On the morning of September 2, the petitioner Bandana was informed by somebody who was allegedly sent by Singjamei police station that her husband was killed in an encounter."

Question Marks on the Indo-Naga Peace Process

Serious questions are being raised on the future of the Indo-Naga Peace Process and the ten year old ceasefire agreement which is going to expire on July 31.

The Naga International Support Center, NISC, has said in a press release from Amsterdam that the ten years of ceasefire followed by peace talks between the Government of India and the Nagas has not resulted in anything tangible. On the contrary, instead of working towards peace the Government of India intensified it`s divide and rule tactics weakening the Naga forces which on behalf of the Naga people stood for their rights. [Source: Kangla Online]

The press release further stated, "Considering the imminent collapse of the ceasefire and peace talks which will lead to exorbitant turmoil and bloodshed, the Naga International Support Center called on all nations and the international press to expose this festering sore which has rotten in obscurity for over 50 years now. On the basis of human rights alone this outrage, this open wound in the side of mankind has to be dressed and the war has to be stopped."

Putting further cloud over the future of the Peace Talks is the news that the Chairman of the NSCN (IM), Isak Chisi Swu has issued a National Azha informing all the National workers that henceforth all rank and files both in the army and civil administration shall report to their respective units and bases/camps on or before July 16, said a statement issued by the outfit today. [Source: Sangai Express]

Central Government's Interlocutor, Mr. K Padmanabhaiah, however, insisted that the peace process is on the right track.

Supreme Court sets a Dangerous Precedent for Armed Forces (Special Powers) Act

The Supreme Court dealt a body blow to human rights with its verdict in the case of Masooda Parveen v Union of India. This case deals with a writ petition filed by the wife of deceased Advocate and businessman, Ghulam Mohi-ud-din Regoo, who had been taken into custody by soldiers of 17 Jat Regiment, based at Lethapora from his residence in Chandhara village, Sopore and then tortured to death on the night of 1 st February 1998. His body was blown apart by explosives and the Army claimed that he was a militant. The petitioner had demanded compensation for the said killing and a job on compassionate grounds.

The Supreme Court dismissed the writ petition while accepting the contention of the army that the deceased was a militant. The court accepted this submission even when not a scrap of evidence exists for such an allegation and to show that Regoo was a militant or that he had any association with any militant organization Even the vague 'intelligence inputs received by the battalion' and his interrogation were never brought on record. The Court has also chosen to overlook the fact that the original file of the S. 174 DrPC investigation conducted in the death was conveniently "lost" after the District Magistrate, Pulwama rejected the finding of "accidental death" in the closure report presented by the local police.

Most dangerously, the Court has further observed that the petitioner has not been able to show her version of events was true. This observation completely inverts the fundamental principle of presumption of innocence and burden of proof. In a writ petition in the nature of habeas corpus, the burden is on the State to show what happened to the arrested person, and the burden is all the more onerous when the person has admittedly died in custody.

For the Supreme Court to dismiss such a petition on the ground that the petitioner has not discharged her burden, especially in the political context of Jammu and Kashmir, is to say that the Army can kill anyone in the State by labeling him/her as a militant, and then the burden of proof is on his family to show that he was not. This rationale of the Court is an abdication of its function as a Constitutional Court safeguarding the fundamental rights of the people, and needs to be critiqued in all possible ways and foras.


This is the first judgment of the Supreme Court interpreting the provisions of the Jammu and Kashmir Armed Forces Special Powers Act., 1990. On one hand, the Court has acknowledged that the guidelines and the law laid down in Naga People's Movement of Human Rights v. Union of India [(1998) 2 SCC 109] applies mutatis mutandis to this statute as well.

But amidst numerous platitudes, the Court has chosen to carve out something bordering on an exception, by stating: "[W]e are not unmindful of the fact that prompt action by the army in such matters is the key to success and any delay can result in leakage of information which would frustrate the very purpose of the army action."

It must be pointed out at this stage that the NPMHR judgment had directed that any deviation from the Act as well as the Do's and Don'ts constitutes an offence under the Army Act, and is liable for prosecution.

However, the observations of the Court in the instant case go against the grain of the Judgment of a 5 Judge Constitution Bench rejecting an application filed by the Government of India in the NPMHR case. The Government had attempted to get such exemption against the safeguards through an application seeking clarification of the Court Order. However, the 5 Judge Constitution Bench had categorically rejected the application and affirmed that the safeguards are inviolable.

Critically, this judgment is also untenable as per incuriam (decided without reference to an earlier precedent), for a 2 Judge Bench cannot override the decision of a Constitutional Bench.

Being the first major case of interpretation of the Jammu and Kashmir Armed Forces Special Powers Act, the observations made in this case sets a very dangerous precedent for future and also roll back some of the few minimally progressive principles laid out in the NPMHR case.

Strangely, the judgment is completely bereft of any discussion on the Right to Life under Article 21, the Right against self incrimination under Article 20 or the rights of an arrestee under Article 22, and perhaps a clarification on whether these rights apply.

This judgment therefore sets a very dangerous portent for the democratic rights of the people of the North east and Kashmir. By this judgment, the Court has given its imprimatur of approval to fake encounters, custodial killings, torture and disappearances that have become a part of the living reality of these regions with the draconian Armed Forces (Special) Powers Act.

This judgment also exposes the doublespeak of the Indian State on the Armed Forces (Special Powers) Act. The Supreme Court had upheld the constitutionality of this dreaded Act on the ground that it shall be implemented strictly and mere possibility of abuse cannot be a ground for declaring it unconstitutional. However, when instances of abuse are brought to the notice of the Court, as done in this case, the Court have condoned such indefensible abuses citing the extraordinary circumstances in which security forces operate. As such, this judgment exposes the hollowness of the assurances of strict and cautious use of the Act, recurrently avowed by different institutions of the Indian State, including the Judiciary. It brings to fore the stark reality that the very use of this Act amounts to an attack on human rights of the people of North East and Kashmir.

As such, along with the need for due legal recourse, there is a strong imperative for a strong civil society discussion, debate and opposition to such an anti-people, undemocratic and authoritarian judgment from the Apex Court that gives a license to impunity on the part of the Armed Forces in Jammu and Kashmir, and approves the precedence of coercive powers of the state over the fundamental rights liberties of people.

Crackdowns Back in Srinagar

This Report by Arif Shafi Wani by Greater Kashmir states:

"In a throwback to early 1990s, police and paramilitary troopers held identification parades of youths on roadsides on Wednesday in various parts of the city, arresting at least 25 persons.

[...]

CRPF troopers and police held a series of cordon-and-search operations from Nehru Park to Hari Singh High Street throughout the day. Troops first blocked all the routes leading to commercial hub Hari Singh High Street and frisked pedestrians and motorists. Later, the troops cordoned the tourist hub Boulevard and subjected the pedestrians to intense identification parade. The police also conducted searches in adjoining Buchwara, Gagribal and some areas of Dal lake, detaining 15 persons, most of them youths. The tourists had a tough time as the police did not even allow even their vehicles to move. “We were about to leave for Gulmarg, but police didn’t allow us to move ahead. This is sheer harassment,” said Nitin Sahu, a tourist from Gujarat. “On one hand the government is wooing tourists by claiming normalcy has been restored in the Valley and on the other troops and police harass them in the name of so-called security. Boulevard and Dalgate have been comparatively incident free for a long time. These security checks only frighten tourists and hamper our business,” said Muhammad Azim Tuman, Chairman of Houseboats Owners Association

[...]

In the afternoon, the CRPF launched a surprise crackdown at Regal Chowk and detained 10 persons who did not have identity cards. “I am a student and have forgotten my identity-card at home. Please let me go, my mother is waiting for me at doctor’s clinic,” a youth pleaded with the cops. But he was bundled up along with nine others in a police vehicle. The CRPF troopers with bamboo sticks in one hand and gun dangling from shoulders were abusing pedestrians, asking them to make a queue quickly. Troops also frisked pedestrians and vehicles at Ganta Ghar, Court Road, Polo View and Jehangir Chowk, causing long traffic jams."

Racist Report by Delhi Police: Profiles Students from North East

In a shocking turn of events, the Delhi police has released a Booklet containing blatantly racist and prejudiced remarks against people from North East. Ostensibly meant as a guide for students from North East in Delhi, the booklet talks about ‘scantily dressed women’, immorality of northeastern women, smelly traditional dishes and it claims to be a means of civilizing the people from the northeastern region, reports The Morung Express, a Dimapur based daily.