The martyrdom of Burhan Wani and the recent Indian violence

in Indian-held Kashmir
by Fahad Nabeel, Hassan Riaz and Zeeshan Muneer

Research Brief

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Introduction
The Kashmir dispute, lingering on for more than 60 years now, has led to two major wars
between India and Pakistan. The dispute was supposed to be settled as per the UNSC
resolutions. Pakistan still maintains that resolution of the dispute lies in the implementation
of the UNSC resolutions. On the contrary, India has refused to abide by the international
obligations of holding a free and fair plebiscite in the Jammu and Kashmir. Instead, India still
maintains more than 700,000 security men in the Indian-held Jammu and Kashmir (IHJK). The
Indian forces have been involved in grave human rights violations and war crimes against the
population of the Kashmir valley. Continuous torture, killings of innocent civilians, draconian
laws in the form of AFSPA and PSA, etc have created discontent among Kashmiris forcing them
to join groups fighting against the Indian rule in the valley.
Burhan Muzaffar Wani was also one of the several Kashmiri youngsters who joined the HuM,
one of the several Kashmiri groups fighting Indian rule in the IHK. Mistreatment of Burhan and
his brother in 2010 by the Indian forces compelled him to become a part of the armed rebellion.
He was an iconic freedom fighter of the renewed arms struggle against Indian forces. Burhan
utilized the social media platform to inspire Kashmiri youth to join him. On 8th July 2016,
Burhan, along with his two associates, was martyred by the Indian forces in south Kashmir.
Burhans martyrdom coincides with Indian Supreme Courts ruling that the Indian Army and
the paramilitary forces cannot use excessive and retaliatory force during counter-insurgency
operations in disturbed areas [like Indian-held Jammu and Kashmir].
Following Burhans martyrdom, wide-scale protests took place all around the valley. In order to
contain the protests, Indian forces resorted to firing on innocent civilians killing more than 60
persons and wounding over 5,500. Analysts believe that Burhans martyrdom will inspire more
people to join the armed rebellion and will spur the renewed Kashmir freedom movement.

Brief Profile of Burhan Wani

Burhan Muzaffar Wani, also known as Burhan Wani, belonged to Dadsara village of Tral area
of Pulwama in the IHK. He was born on September 19, 1994. His father, Muzaffar Ahmad
Wani, is a principal of Higher Secondary School in Tral while his mother, a graduate in Science,
teaches Quran in Dadsara village. Burhan was considered to be a bright student and scored
good grades in his early years of education. He was an active child and liked to play sports,
cricket being his favorite. The oppression and brutality of Indian forces which has resulted
in the deaths of thousands of innocent Kashmiris and a personal experience of such brutality
compelled Burhan to join HuM.
In 2010, 16-year old Burhan went out with his elder brother Khalid Muzaffar Wani to take a
ride in the latters new bike. The Indian Army soldiers intercepted them and ordered them
to bring cigarettes for them. Khalid went to buy cigarettes but the Indian soldiers beat them
nonetheless. Consequently, Khalid felt unconscious and his new bike was also damaged.
Burhan, along with an accompanying friend, managed to run away but Burhan threatened the
Indian Army officers that he is going to avenge what they did to his brother. Six months lateron 16th October-ten days before his Class X annual examinations, Burhan left home saying
that he was going to the market. He never returned and joined HuM.
Burhan was part of the new generation of young and educated Kashmiri freedom fighters. He
quickly became popular among the Kashmiris, especially its youth. This was due to his use of
social media such as Facebook and WhatsApp to spread his message of gaining independence
from Indian rule. Burhan became the poster boy of Kashmir's freedom struggle. Unlike most
Kashmiri freedom fighters that prefer to hide their faces on camera, Burhan showed his face
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and revealed his identity. He started appealing young Kashmiris to join the armed struggle. His
viral pictures and videos made him a household name in the IHK. He was made a member of
HuM in 2011 due to his popularity on social media. Burhan's elder brother, Khalid was killed
by the Indian army on April 13, 2015. The army claimed that Khalid was a freedom fighter
sympathizer. However, the Jammu and Kashmir police said that it could not confirm whether
Khalid had joined the armed rebellion.
The death of his elder brother did not deter Burhan from pursuing the cause of freedom by
fighting the Indian forces. Burhan was made the commander of HuM. The government of India
announced Rs 1 million bounty for information leading to Burhans arrest. This coupled with
social media campaigns and popularity enabled Burhan to include at-least 30 local educated
Kashmiris in his group. Burhan, in his videos, clearly stated that he is not against Hindus living
in Kashmir and ensured them that they will not be attacked. He was only against the Indian
Army which is responsible for uncountable atrocities in the IHK.
Recently, Burhan released a video in which he warned to attack separate colonies for Sainiks
and Kashmiri Pandits if they are set up in the valley. In addition, he recently reached out to
Hindu pilgrims assuring them a peaceful Amarnath Yatra, which started from July 2, in the
following words:"A BSF officer had recently said that militants have planned to attack the Amarnath yatra. His
statement is absolutely untrue and false. Let me assure you (pilgrims) that we have no plans
to attack Amarnath yatra. They (Hindu pilgrims) are coming here to fulfill their religious duties
and we have nothing to do with it,"

The Martyrdom of Burhan Wani

Indian Army and security agencies traced Burhan in Bundoora village of Kokernag on July 8,
2016. Burhan was accompanied by two other freedom fighters - Sartaj Sheikh and Pervaiz
Ahmad. The Special Operations group of Jammu and Kashmir (J&K) Police and 19 Rashtriya
Rifles of Indian Army surrounded the village and cornered Burhan and his two associates to a
house. During the operation, the Indian security forces faced resistance from local Kashmiris
who pelted them with stones. The encounter lasted for almost two hours during which Burhan
and his companions were martyred. On the same day, the J&K Police Director General K.
Rajendra confirmed that Burhan was martyred during an exchange of fire with Indian Army.
Immediately after the news of Burhans martyrdom spread, pro-Pakistan slogans were heard
in downtown Srinagar with people coming out along the Srinagar-Anantnag highway, burning
tyres and stopping vehicles. Funeral prayers for Burhan were offered in several areas on Friday
night. In addition, announcements were also made on public address systems with youths
chanting slogan in favor of Wani.
Hurriyat chairman Syed Ali Geelani and Jammu and Kashmir Liberation Front (JKLF) chairman
Yasin Malik called for a strike to protest Burhans martyrdom. Geelani also asked people to
participate in large numbers in Wanis funeral. The PDP-BJP government imposed curfew in
south Kashmir and suspended Internet services in many areas. Senior Hurriyat leader Geelani
also gives a call for bandh, a form of protest used by political party or a community to declare
a general strike, on Saturday. Indian media reported that Indian security forces were preparing
for a law and order situation which may arise in the Valley.
According to media reports, an estimated 200,000 people attended Burhans funeral prayers in
Tral on Saturday morning. Thousands of Kashmiris attended the funeral of Burhan Wani who
chanted anti-India slogans. Pakistani flags were waved throughout the funeral procession.
Freedom fighters were also presented at the funeral of Burhan Wani who offered him a 21
gun salute. His body was wrapped in Pakistani flag and was buried next to that of his brother
Khalid Wani in Tral.
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Aftermath of Burhan's Martyrdom

The news of Burhan's martyrdom spread like wildfire throughout the IHK. The news was met
with large-scale protests throughout the valley. On July 9, violent protests broke out in many
parts of Kashmir. At least 15 civilians were killed and more than 200 were wounded on the first
day of uprising since the martyrdom of Burhan Wani. Uptill now, more than 60 people have
been killed and around 5,500 wounded.
The latest violence in the IHK is the worst seen
in the Valley since 2010, when 112 protestors died in clashes with Indian forces. In order to
quell protests, the Indian authorities imposed a curfew, suspended mobile networks and the
internet in large parts of the Valley and seized newspapers. The use of pellet guns has injured
more than 600 people. 185 people suffered eye injuries with 20 people sustaining damages in
both eyes.
On 10th July, Pakistani Prime Minister (PM) Nawaz Sharif expressed deep shock over the
martyrdom of Wani and condemned the use of excessive force against civilians in the latest
wave of violence in the Valley. Sharif also said that the use of excessive and unlawful force
cannot deter the valiant people of J&K from their demand of exercising their right to selfdetermination in accordance with the UNSC resolutions. The Pakistani PM said that India should
fulfill its human rights obligations and its commitments under the UNSC resolutions. Indian
External Affairs Ministry Spokesperson Vikas Swarup reacted sharply to Nawazs statement
and said that it only reflects Pakistans attachment to terrorism and its usage as an instrument
of state policy. The spokesperson also asked Pakistan to refrain from interfering in the internal
matters of its neighbours.
The UN secretary general Ban Ki-moon expressed concerned over the tense situation in the
IHK on 11th July. He also expressed his regret over the loss of lives and injuries in the IHK.
The UN secretary general called on all parties to exercise maximum restraint to avoid further
violence and hoped that all concerns would be addressed through peaceful means.
Meanwhile, senior PDP leader and lawmaker Muzaffar Hussain raised doubts over the conduct
of the operation in which Burhan was martyred. He appealed to Mehbooba Mufti, chief
Minister (CM) of IHJK, to appoint a commission to probe Burhans martyrdom. The lawmaker
also claimed that the CM was not taken into confidence to carry out the operation against
Burhan. Nirmal Singh, deputy CM of IHJK, rebuffed the demand for a court of inquiry into the
operation that led to the martyrdom of Burhan.
The UN Secretary General Ban Ki-Moon offered his good offices to mediate peace talks between
Pakistan and India, provided the two neighbours accept his good offices. On 15th July, Nawaz
declared Wani as a martyr and directed all relevant departments to highlight the Kashmir
issue at international fora. India once again asked Pakistan to refrain from further interfering
in Indias internal affairs. The Indian Ministry of External Affairs also criticized Pakistan for
continuing to glorify terrorists belonging to proscribed terrorist organizations.
Meanwhile, Pakistan continued to raise the Kashmir issue with top UN officials and submitted
letters to the UN chief Ban Ki-moon and UNSC President expressing concern over human rights
violations in the IHK after the martyrdom of Burhan. Pakistan observed a black day on July
20 to protest against the killings of innocent Kashmiris in the IHK by the Indian forces. The
Pakistani decision to observe a black day angered India, which accused Pakistan of interfering
in Indias internal affairs and backing terrorism.
In addition, the Organization of Islamic Cooperation (OIC) expressed serious concern over human
rights violations in the IHK by the Indian forces. The OICs Independent Permanent Human
Rights Commission said the use of excessive force against innocent civilians is condemnable
and blatant violation of the fundamental human rights. Furthermore, China also voiced their
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concern over the casualties due to clashes in the IHK. Chinese Foreign ministry spokesman Lu
Kang called for proper settlement of the Kashmir issue through peaceful means.
Following Nawazs party victory in Azad Jammu and Kashmir elections, the Pakistani PM said
that that we are waiting for the day when the IHK becomes Pakistan. The next day, Sushma
Swaraj, Indian External Minister, replied back that the dream of making the IHK a part of
Pakistan would never come true.
On 23rd July, Indian home minister Rajnath Singh visited the IHK for a two-day visit. He urged
the youth not to engage in stone-pelting and also asked the security forces to refrain from
using the pellet guns against the protesters as far as possible. Rajnath also asked Pakistan to
refrain from encouraging Kashmiri youth to take up arms.
The United States has expressed concerns over the recent unrest in the IHK and called on
all sides to make efforts to find a peaceful solution to the issue. The US State Department
spokesperson John Kirby said that the US was in close contact with the Indian government
over the issue.
The European Union (EU) expressed grief over the killings of civilians in IHK on 28th July.
Michael Mann, the EU spokesperson, urged for calm and maintenance of law and order in the
IHK. Mann said that Pakistan and India should involve the Kashmiris in the dialogue process.
The spokesperson also added that the EU continues to monitor the situation in the IHK and is
in constant touch with the Pakistani and Indian authorities.

Overview of human rights violations in Kashmir

The recent Indian violence against Kashmiris is not something new. The people of IHJK have
been facing numerous incidents of human rights violations for more than six decades. The
human rights abuses by Indian forces include:

Mass killings
Enforced disappearances
Torture
Rape
Sexual abuse
Political repression
Suppression of free speech

Kashmir is one of the most heavily militarized places in the world. The Indian Army has been
given immunity to commit human rights violations in Kashmir in the form of Armed Forces
Special Powers Act (AFSPA) and Public Safety Act (PSA).
The AFSPA permits the armed forces to arrest and enter any property without a warrant. They
are authorized to fire upon or otherwise use force and even causing the death of any person if
the security person believes it necessary for the maintenance of public order.
Whereas through PSA, a person can be detained for the period of two years without any
trial vis-a-vis the detaining authority does not disclose the facts of detention. These special
powers make the people of IHK live in a state of constant fear of arbitrary arrests, enforced
disappearance, sexual harassment, torture and custodial death.
According to Kashmir Media Service, since 1989, 94,391 Kashmiris have lost their lives, 7,058
custodial killings took place, 135,052 civilians were arrested, and 106,071 houses or buildings
have been destroyed. In addition, the Indian forces have widowed 22,816 women, orphaned
107,569 children and gang-raped or molested 10,193 women.
Both Human Rights Watch (HRW) and Amnesty International (AI) have pointed out grave
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human rights violations in Indian-held Kashmir. The AI has indicated that The Muslim majority
population in the Kashmir Valley suffers from the repressive tactics of the security forces. Under
the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir)
Special Powers Act and Public Safety Act, security forces have extraordinary powers to shoot
suspected persons.
The AI highlighted extra-judicial killings of
HUMAN RIGHTS VIOLATIONS
the innocent people by Indian security forces
in its July 2, 2015 report. The report points
Jan. 1989 to June 30, 2016
out Tens of thousands of security forces are Total Killings*
94,391
deployed in Indian-administered Kashmir Custodial Killings
7,058
the Armed Forces Special Powers Act allows Civilians Arrested
135,052
troops to shoot to kill suspected militants or Structures Arsoned/
106,071
arrest them without a warrant not a single Destroeyd
member of the armed forces has been tried Women Widowed
22,816
107,569
in a civilian court for violating human rights Childern Orphaned
in Kashmir this lack of accountability has in Women Gang-raped/
10,193
turn facilitated other serious abuses India Molested
has martyred 100,000 people. More than
8,000 disappeared (while) in the custody of army and state police. Minar Pimple, a senior
director of global operations at Amnesty, said that till now, not a single member of Indian
security forces have been tried for human rights violations in a civilian court.
In a 2015 report by the International Peoples Tribunal on Human Rights and Justice in Kashmir,
and the Association of Parents of Disappeared Persons (APDP), 972 Indian security men were
blamed for a range of human rights abuses carried out between 1990 and 2014. The 972
individuals include:

464 Indian Army personnel

161 Indian para-military personnel
158 Jammu and Kashmir Police personnel
189 government gunmen

In September 2015, the Indian Army Northern Command confirmed the life sentences awarded
to six Army personnel for the 2010 killing of three youths in a fake counter. It was for the first
time, that Indian Army personnel were awarded life terms on such a charge.
In August 2011, the Jammu and Kashmir State Human Rights Commission found 2,730 bodies
dumped into unmasked graves in Kashmir. The whereabouts of thousands of other missing
Kashmiris is unknown. According to a report, 17,000 people, mostly women, have committed
suicide during the last 20 years in the valley.

Overview of UNSC resolutions on Kashmir

The UNSC passed 23 resolutions on the Kashmir issue between 1948 and 1971. The UNSC
resolutions on Kashmir issue are not self-enforceable i.e. these resolutions are recommendatory
in nature. These resolutions can only be enforced if the parties to the dispute Pakistan and
India consent to their application. The basic points of the UNSC resolutions are:
The complaint regarding Kashmir was initiated by India in the UNSC
The UNSC explicitly and by implications rejected Indian claim that Kashmir is legally Indian
territory.
The resolutions passed by the UNSC established self-determination as the governing
principle for the settlement of the Kashmir dispute.
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Impact of Burhans martyrdom on Kashmir freedom struggle

The martyrdom of Burhan Wani has been termed by Indian security forces as their biggest
success in Indias fight against the Kashmiri armed rebellion. But the biggest victory is likely
to turn into a pyrrhic victory for India. Many analysts have agreed to the fact that a martyred
Burhan Wani is likely to inspire more youths to join armed rebellion against Indian forces
than when Burhan Wani was alive. Indian intelligence agencies are already expecting a rise of
Kashmiri locals joining the armed rebellion.
In the past two years, the number of locals among the new recruits has more than doubled.
According to statistics of J&K police, 31 local youths joined the armed rebellion in 2013. The
number of recruits increased to 66 locals between January and September 2015. The last
year also witnessed a change in the ratio of local to foreign rebels. The ratio of local to foreign
rebels changed from 40:60 in 2013 to 60:40 in 2015.
The octogenarian Hurriyat leader Syed Ali Shah Geelani said that the iconic mujahids
martyrdom will give impetus to the push for Aazadi. Omer Abdullah, former Chief Minister of
IHJK, also said that Burhans ability to recruit people from the grave will far outstrip anything
he could have done on social media.
In a joint statement, the United Jihad Council (UJC), an alliance of 14 Kashmiri organizations
fighting against Indian rule in the IHK, hoped that the martyrdom of Burhan Wani will not have
a negative impact on the Kashmir freedom struggle.
As a commander of Hizbul Mujahideen, he inspired dozens of youth to join him in the armed
rebellion. His martyrdom will result in inspiring more Kashmiri youth to join the armed
rebellion against the Indian forces. Kashmiri youth has joined the renewed armed rebellion
due to the failure of finding a solution to the Kashmir issue. The continuous torture and human
rights violations have accelerated the pace of the Kashmiris joining the armed rebellion. The
martyrdom of Burhan has caused an immediate void in the freedom struggle but the void will
be filled by other Burhan-like youngsters.
A policeman told DailyO, an online Indian opinion and commentary platform, that It is a sad
thing that he has been killed. There will be many more like him now but it should continue as
it is Kashmirs pride.

Conclusion
The immediate task for the Indian security forces is to control the ongoing unrest in the
Kashmir Valley, but containing the armed rebellion will be a difficult task for the Indian security
forces. The death of Burhan Wani will spur the armed rebellion against Indian forces in coming
months as many youths may join the freedom struggle. The recent uprising in the IHK has
resulted in the call for a political solution to Kashmir issue by numerous Indian politicians and
analysts. The international community has also reiterated the call for solving the Kashmir issue
through peaceful means. It is important for India to give a chance to the Kashmiri people to
decide about their future. The numerous UNSC resolutions have called for holding a free and
impartial plebiscite so that people of J&K can decide about their future.

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C
S
C
R

www.cscr.pk

Fahad Nabeel studies Journalism and Mass Communication from the

Virtual University of Pakistan. He is Junior Research Fellow at CSCR.
Fahad has considerably researched on regional Geo-political issues and
militancy trends. He also contributed his articles occasionally. He can be
reached at fahad.n@cscr.pk

Zeeshan Muneer has completed his LLB from Punjab University

and a degree in International Relations from National Defense University

Islamabad. He has a deep interest in international affairs and International
Humanitarian Law. He is employed as a Research associate in CSCR and is
part of CSCR Research Team.

Hassan Riaz

The writer is an International Relations graduate

from National Defence University,Islamabad. He has been working with
Pakistan House and SASSI in the past, currently he is working with CSCR.
He has completed his thesis on 'US Iran Nuclear Deal its implication on
region'. His areas of interests includes domestic problems of Pakistan and
on going turmoil in Middle East generally
and Iran specifically.

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