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HUMAN
Vol. 9—No. 1 Bimonthly Review of Jammu and Kashmir Affairs with Human Rights Perspective
5000 years of Kashmir and challenges ahead
K
ashmir must have existed for much longer
than 5000 years, but authentic scientific
evidence establishes civilized existence
for this period. A number of factors are
responsible for this unusual longevity and
continuity.
Geographically, 'the paradise on earth' has
existed in splendid isolation, though internally it
is well-connected. Kashmir is 'the largest Valley
in the lap of the largest mountains in the world.'
Ranging from 10,000 to 18,000 feet in height,
these mountains enclose a plain of around 1900
square miles, uniformly at a height of 5000 feet
above the sea level, 84 miles long and 20 to 25
miles wide.
Every place in it is within a few hours drive
from any other place. The fabled beauty of
Kashmir, which poets, writers and travellers
from all over the world have described as
incomparable, further inspires deep love for the
land in the closely linked society.
Kashmir has a homogeneous culture as
around 95 per cent of its population is Muslim,
while over 89 per cent speak Kashmiri as their
mother tongue. Kashur-as the language is called
by the Kashmiris-is one of the oldest spoken and
literary languages of modern India. It has over
six hundred year old recorded literary heritage,
if Lal Ded is considered the earliest Kashmiri
poetess. According to Sir George Grierson, the
pioneering authority on Indian languages, "it is
not of Sanskrit-the mother of all north Indian
languages-but of Dardic origin." If this view is
correct, Kashmiri does not belong to the family
of languages spoken from Dhaka (Bangladesh)
to Peshawar (Pakistan), from the eastern end
to the western end of the subcontinent.
5000 Year Old Antiquity
The archaeological excavations at
Bourzahama, 15 km from Srinagar, in the sixties,
establish its antiquity to beyond 3000 BC. Though
it was contemporaneous to the Mohenjodaro
civilization, it had some independent features
also. The widespread prevalence of Naga
worship before, and even after, the Buddhist
period indicates that the Naga and indigenous
tribes lived in Kashmir before the advent of
Aryans in the subcontinent.
The original Naga tribes resisted absorption
in the Vedic civilization by the Aryans. According
to legends, some Nagas attended the religious
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ONE
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Perspective
seminars of Nagarjuna at Nalanda, a great seat
of Buddhist learning, and impressed by the way
he contradicted the Vedic doctrines, invited him
to Kashmir. Some scholars claim 'Naga' in his
name suggests that he was a Kashmiri. It was
under his leadership that the fourth council of
Buddhism was held at Harvan near Srinagar, in
100 AD, where the Mahayana school of
Buddhism was founded. Influenced by Naga-
Tantric thought of Kashmir, Buddhism got
transformed into its Kashmiri version. Buddhism
was, in a way, Kashmirised before it was
adopted by Kashmiris. It was Mahayana sect of
Buddhism that spread via Tibet to China and
Japan, while the other sect of mainland India,
Hinyana, spread to South Eastern Asia.
Buddhism declined in India and was eventually
absorbed in the mainstream religious thought.
This process started in Kashmir also, but with
reservation. Kashmir adopted Shaivism. Shiva
is not a Vedic God but a pre-Aryan tribal God.
According to VN Darbu, the "pre-Vedic people
of Kashmir were admitted to Vedic society with
distinctive characteristics of their own life at
different periods."1 Eventually, indigenous
religious beliefs and Buddhism were synthesized
by great Kashmiri philosophers Vasugupta (ninth
century AD) and Abinavagupta (tenth century
AD) into Kashmiri version of Shaivism called
Trika philosophy. Influence of Buddhism is
discernible in many rituals and customs of
Kashmiri Hindus even today.
Islam as Consolidator of Traditions
According to GMD Sufi, monostic theism of
Kashmir Shaivism "is very near to Islam." Kashmir
did not surrender to Islam as a spiritually
exhausted personality, but greeted it in a friendly
embrace. Islam did not come to Kashmir as a faith
of conquerors and, therefore, did not humiliate
or hurt its pride. Muslim rule was not an outside
import, but followed the conversion of a local
ruler. "Mass conversion of the people of Kashmir
to Islam owes to a unique character that emerged
from the soil in the person of Alamdar-e-Kashmir,
Shaikh Nooruddin Noorani, popularly called Nund
Rishi (14th Century), who became the patron-
saint of Kashmir. He translated Islam into
Kashmir's spiritual and cultural idiom and
converted it into a massive emotional upsurge.
Farooq Nazki calls him a Muslim Shaivite."
Proclaiming himself to be the spiritual son of
RIGHTS
Jan-Feb., 2011
Lal Ded, who represented the acme of pre-
Islamic spiritual heritage of Kashmir, Nund Rishi
carried it ahead as a part of its Rishi order (as
Sufism in Kashmir was called). Islamic beliefs
and practices enjoyed as much autonomy within
wider Islamic tradition as pre-Islamic Kashmir
did during Vedic and post-Vedic tradition of
India. Many scholars have noted pre-Islamic
influences in Kashmiri Islam. Abdullah Yausuf
Ali traces practice of relic worship-as in
Hazratbal shrine where the Prophet's (PBUH)
hair is preserved-to Buddhist influence.2 Dr.
Arthur Neve observes, "Kashmiri Muslim has
transferred reverence from Hindu stones to
Muslim Relics."3 Similarly, "Muslim saints are
worshipped like Hindu gods and godlings."4
Islam in Sufi form, thus, came to Kashmir not as
a destroyer of the tradition, as is the case in
many other lands, but as its preserver,
consolidator and perpetuator. The fact that
Islam is rooted in Kashmiri tradition, and the
tradition is permeated with the Islamic spirit, has
enabled Kashmiris to reconcile cosmopolitan
affiliations with territorial nationalism. Kashmiri
Muslim has remained a Kashmiri as well as a
Muslim, and rarely suffers from schizophrenic
pangs which Islamic links and local patriotism
often generate among Muslims elsewhere.
Kashmir has been a melting-pot of ideas and
races. It received every new creed with
discrimination and enriched it with its own
contribution, without throwing away its earlier
acquisitions. As Sufi observes, "the cult of
Buddha, the teachings of Vedanta, the mysticism
of Islam have one after another found a congenial
home in Kashmir."5 He adds, "It has imbibed the
best of Buddhism, the best of Hinduism and the
best of Islam."6 Similarly, on account of its
cultural homogeneity and geographical
compactness, all admixtures of races who
immigrated to Kashmir from ancient times merged
their identities into one whole. According to the
renowned Kashmiri scholar and historian
Mohammed Din Fauq, even the people who
came from Arabia, Iran, Afghanistan and
Turkistan as late as six and seven hundred
years ago were so mixed with Kashmiri Muslims
in culture, civilization and matrimonial relations
that "all non-Kashmiri traces are completely
(Contd. on page 6)
 January-February, 2011
Counter-Productive Policies to
Remove Regional Tensions in J&K
U
nion Finance minister Pranab
Mukerjee in his budget speech
allocated Rs 100 crore for
Ladakh and Rs 150 crores for Jammu
in response to "recurring complaint of
the people of the regions of bias towards
them." This was in partial acceptance
of the recommendations of the two Task
Forces, one of each region, to remove
their regional grievances, through
allocation of Rs 416 crore for Ladakh
and Rs 497 for Jammu.
This announcement of the Finance
Minister was met with a hostile reaction
in the third region of the State, that is,
Kashmir. "This is discrimination against
the people of Kashmir. While Jammu
and Ladakh regions have been
sanctioned special funds, no such
allocation has been made for Kashmir
region," said the Kashmir Chamber of
Commerce. It asked the State
government to convey its
disappointment to the central
government over the neglect of the
people of Kashmir.
On the other hand, people of Jammu
and Ladakh are from satisfied. Does it
reflect decades of bias by the State
government against these regions?
What about their share in the Rs 8000
crore allocated as Special Development
Assistance for the State? Why did the
Prime Minister offer one lakh job for
Kashmir youth, without making a similar
offer for other two regions? Does
Kashmiri youth mean all the youth of the
State? These are some of the questions
being asked in these regions.
Their real grievance is not lack of
development but the alleged
discrimination. How can even a rough
estimate of this allegation be made
without a similar Task Force in
Kashmir? An attempt to remove
complaint of regional discrimination
was made by the State government
which appointed a Finance
Commission to study this question. After
four years of labour, it submitted its report
which only aggravated regional
tensions. Its Kashmiri members and
those from the other two regions, despite
having access to the same official
statistics, submitted divergent report.
The leaders of the coalition
government announce at every place
they visit that it is committed to equitable
development of all regions. But in the
absence of any criteria, this is decided
TWO
by subjective and political
considerations. In this context, I reiterate
the eight-point equitable and objective
formula for allocation of funds to each
region and district that I had submitted
to the State government as head of the
Regional Autonomy Committee in 1998.
The priorities should be left to the
elected authorities at all levels.
Moreover, it must be realized that
development is no substitute for
satisfaction of the political aspirations
of the people. It has not resolved the
Kashmir problems, nor will it resolve
regional tensions. As far as Jammu and
Ladakh are concerned, their urge for
empowerment is far more important
than token special grants for
development. The formula of Regional
Autonomy that was part of the Delhi
Agreement of 1952 between Nehru and
Abdullah, on my initiative is still relevant.
J&K is the most diverse state of the
country and, therefore, needs a more
federal and decentralised set up; unlike
the one it has now, where all the power
is concentrated in the hands of the head
of the government.
As it is, most measures taken by the
government to resolve regional tensions
have proved counter productive. It was
only after the work of the Task Force that
a Congress minister from Jammu
demanded separate Jammu state to
end perpetual discrimination against
the region. Another senior Congress
demanded rotational Chief Minister.
Ladakh Hill Development Council (Leh)
has discarded the State flag and
emblem, and adopted national emblem.
Demand for separation of Ladakh from
the State, and making it a Union Territory
is giving momentum. Ladakh is, in fact,
the most neglected and misunderstood
region. It is not recognised as a region-
unlike Kashmir and Jammu-as region
in the Constitution of the State. Far from
an autonomous status that it is
supposed to enjoy, it has split into two
districts which are administered by the
Divisional Commissioner of Kashmir.
The district councils have even less
powers than elected District Boards in
many states of the country.
All said and done, most exercises by
the Centre to remove regional tensions,
the major problem of the State, have
proved counter-productive.
— Balraj Puri
Press Statements...
(Contd. from page 8)
of India? And does it not widen the
distance between Kashmir and the rest
of India, and denies citizens of India the
right to be called Indians? Puri reminded
the BJP that India is a land of many
religions and many denominations of
Hindus, including those who have faith
in gods other than Lord Ram as also
non-believers. Anybody who claims
monopoly of patriotism and restricts its
definition does no service to the cause of
nationalism, he said.
Killing two sisters
condemned
Balraj Puri, convenor PUCL J&K State,
strongly condemned gruesome killing
of two innocent sisters in Sopore by
suspected three militants belonging to
Lashkar-e-Toiba. No sane person can
condone such an inhuman act, he said.
He demanded thorough enquiry into
the incident to expose the motives of the
heartless killers.
Puri also expressed deep concern
over grenade attack allegedly by militants
on the Congress leader Ghulam Rasool
Kar, obviously for political reasons. He
described an attack on any person for
his political beliefs as a dangerous trend,
which should be equally condemned. In
this connection, he appealed to the BJP
workers to withdraw siege from the
apartment where Yasin Malik is staying
in Delhi as political intolerance is against
the democratic values of India.
PUCL Demands Wider
Discussion on Police Bill
Peoples Union for Civil Liberties
Convenor J&K, Balraj Puri has welcomed
the decision of the State government to
make the Police Bill public before
introducing it in the legislature as was
demanded by the Commonwealth
Human Rights Initiative and the PUCL.
He, however, suggested that instead of
putting it on the website, as is being
proposed, copies of the bill should be
made available in every district office
and its implications explained to all
persons, including civil rights activities,
advocates and other interested people,
who should be invited for discussions
and comments. He also appealed to the
people to realize the importance of the
bill to their life and liberty and campaign
for deletion of those provisions that
abridge their democratic rights.
ll
J&K HUMAN RIGHTS Perspective
 January-February, 2011
Peek into Pakistan-
administered Kashmir
B S UNNIKRISHNAN
Across the LOC: Inside
Pakistan-administered Kashmir
LUV PURI
Penguin
2010, pp 136
Rs. 350
If you cut or sever any part of your
body, it will bleed. The colossal
bloodshed that followed the bifurcation
of British India's body politic into the
Dominion of Pakistan and the secular
Union of India can thus be reasoned.
And the formation of Pakistan-
administered Jammu and Kashmir
(PAJK) or Pakistan-occupied Kashmir
is but a second Partition from an Indian
point of view.
Firdaus' 'paradise on earth' has been
continually on the boil for the last seven
decades or more. Most recently, the
stand-off over the Bharatiya Janata
Party's plan to hoist the tricolour at Lal
Chowk in the Kashmir Valley essentially
demonstrates the fact that peace is still
several notches away from, arguably,
the world's most disputed territory.
Luv Puri's Across the LoC: Inside
Pakistan-Administered Jammu and
Kashmir is an in-depth attempt to go
beyond the official narrative and
comprehend the complex social,
economic and political realities of the
region. The award-winning journalist
and rights champion also explores the
cultural and historical tradition of the
erstwhile princely state while touching
upon 'the little noted aspects of PAJK
life'.
And, why has Jammu and Kashmir
failed to exist as a cohesive state or
province even after the end of British
rule? Puri's answer delves deep into the
very fabric of the region. "The state's
cultural diversity, particularly within the
Muslim community and its divergent
political aspirations were one of the
possible reasons for the rift," he writes.
The sharp cultural variance between the
Kashmir Valley and its neighbouring
areas is another contributing factor. After
all, the Kashmiri identity has positively
evolved from uniquely divergent
THREE
BOOK REVIEW
the resolve to keep on waging war in
Kashmir is mostly based on the Muslim
majority in the state. "The immigrant
community from PAJK is deprived of a
cohesive and recognisable ethnic
identity, and therefore finds refuge in a
much broader Islamic identity," the book
states. But a sizeable number of people
who have their roots in the region, say,
traditions and cultures.
Massive displacements either due to for instance, the powerful Mirpuri
diaspora in the United Kingdom, still
violence or the so-called developmental
prefer to go by their Kashmiri identity.
activities like the construction of the
Mangla dam have resulted in the The very name given to PAJK, Azad
formation of many a diasporic Jammu and Kashmir, denotes that it is
population. The nature of displacement an independent entity. But the
in various phases of the state's history institutional control of the Pakistani
created a complex and poignant human federal government has often crippled
tragedy. The book lists several heart- its development. Still, social conditions
rending instances where people on both in PAJK are more or less better than the
sides of the divide have lost their near rest of Pakistan, Puri points out.
and dear ones. "The time-span of Both the Indian and Pakistani
several decades has failed to lessen dispensations have gone on record on
the yearning on either side for several occasions that hawks on both
restoration of histories ties," Puri notes, sides of the LoC would try to thwart any
while stressing the need for a meaningful efforts to resolve the
mechanism to facilitate civilian traffic on imbroglio. Jammu and Kashmir is, in
either side. fact, not just a territorial zone of
The platforms of pro-independence contestation between two countries. The
groups were hijacked by jihadi region, especially PAJK, faces a multi-
organisations later on. And, PAJK was dimensional humanitarian crisis. The
employed as a training base for injustices of the past have left indelible
militants. But, some pro-independence scars on the collective psyche of the
groups remain an important component communities inhabiting here. The
of political mobilisation in PAJK, Puri region now craves for intense political
notes. reform and socio-economic
Pakistan's ideological reasoning for development.
ll
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J&K: Human Rights Perspective
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Place of Publication : Jammu
Periodicity of Publication : Bimonthly
Printer's Name : Balraj Puri
Whether Citizen of India? : Yes, Citizen of India.
Address : Karan Nagar, Jammu - 180 005.
Publisher's Name : Balraj Puri
Whether Citizen of India? : Yes, Citizen of India.
Address : Karan Nagar, Jammu - 180 005.
Editor's Name : Balraj Puri
Whether Citizen of India? : Yes, Citizen of India.
Address : Karan Nagar, Jammu - 180 005.
Name and address of : Institute of J&K Affairs, Karan Nagar
individuals who own the Jammu - 180 005.
newspaper and partners or
shareholders holding more
than one percent of the
total capital
I, Balraj Puri, hereby declare that particulars given above are true to the best of my
knowledge and belief.
Dated: March 1, 2011 Balraj Puri
Signature of Publisher
J&K HUMAN RIGHTS Perspective
 January-February, 2011
HUMAN RIGHTS UPDATE
Incidents of human rights violations given below are such specimen in which victims
are innocent civilians, whosoever be responsible for the violations.
MHA to fund non-lethal
weapons for JKP from DRDO
*Bid to avoid casualties of protestors
JAMMU, Feb 15: The Union Home Ministry
has agreed to supply a large number of non-
lethal weapons to the Jammu and Kashmir
police and para-military personnel to ensure
that there are negligible casualties in case of
summer unrest in the Kashmir valley this year.
The Police Headquarters would procure the
non-lethal weapons from Defence and
Research Development Organisation (DRDO).
The Union Home Ministry is reported to have
agreed to provide nearly Rs. 30 crore worth
assistance for the purchase of non-lethal
weapons and ammunition.
For the first time, all five new police
battalions being inducted in the Kashmir valley
would have full protection light body gears,
which would protect them from any kind of
mob fury while maintaining law and order,
Director General of Police (DGP) Kuldeep
Khoda told the Excelsior.
The police and para-military personnel will
be equipped with poly carbonize sheets and
lathis. The specially made rifles by the DRDO
will fire plastic pellets in four directions at a
time, which would help in easy and quick
dispersal of the crowd and protestors.
"The crowd will be dispersed with plastic
pellets fired from the specially designed DRDO
guns without any casualties'', Mr. Khoda said.
Going by the last year's experience when
escort party of a police officer had to open
firing on the mob leading to four casualties
after he was trapped in the protests, a new
strategy has been worked out by the police
with the help of DRDO to prevent such a
situation in future.
Police will get a special kind of ammunition
from the DRDO that will be fitted in Self
Loading Rifles (SLRs), used by escorts of
protected persons. The ammunition instead of
led will fire plastic bullets. This will help the VIP
move out of crowd without causing any
casualties on the mob.
The police chief said the police and para-
military personnel would be equipped with
Triple Action Tear Gas Grenades, which will
be thrown from hands. The protestor will not
suffer fatal casualties even if he is hit directly
by the grenade. It can't be thrown back on
police by the protestors like teargas shell.
Laser Dazzler (a laser gun) is another
major non-lethal weapon, which would be
procured by police from the DRDO. The gun
will create temporary burning sensation on
the protestors, which they would be unable
to withstand and had to leave the place. The
gun will not damage any organ of the person.
New water canons with colour water
would die skin and hairs of the protestors
keeping them indoors for at least four to five
days.
FOUR
Police in Sopore has also tested a high
decibel sound gun, but it has not proved to the
satisfaction of police. The authorities have
asked the DRDO for some modifications in the
gun. The sound would keep the people indoors.
Mr Khoda said police would use all possible
techniques to avoid casualties on the part of
protestors. It was in this context that latest
techniques of non-lethal weapons are being
procured.
The weapons would be in place well before
March-April, he said, adding out of five new
police battalions specifically trained to deal
with law and order situation, nearly three
have passed out and were in the process of
deployment while two others would pass out
by the end of March.
All these five battalions would be deployed
in the Valley, the DGP said.
He added that the Ministry of Home Affairs
had given an assistance of Rs. 29.5 crore to
Police Department this year. It was expected
to fund the procurement of weapons from the
DRDO worth nearly Rs. 30 crores.
(Daily Excelsior, Feb 16, 2011)
Govt's Jail bharo aandolan
4294 youth arrested to foil
summer agitation
Jammu, Feb 19: Even as New Delhi's
nominated interlocutors on Jammu Kashmir
have urged the government of India to release
prisoners as a goodwill gesture, the
authorities have launched a `Jail Bharo
Aandolan' to prevent another agitation this
summer. According to reports 4294 persons
have been taken into custody till date. And
with more arrests in the offing, the interlocutors
will have to do a lot of explaining during their
meetings with the separatists if at all they
accept their invite.
According to informed sources 4294
suspected stone pelters have been arrested
across Kashmir. Public Safety Act (PSA) has
been slapped on 195 persons. They have
been sent to various jails in the state.
Till December 31 last year, 3830 suspected
stone pelters were arrested. During the past
two months 614 arrests have been effected,
sources said.
(Early Times, Feb 20, 2011)
Littered explosives kill 20
in 2 yrs
People Demand De-Mining Of Forests,
Firing Ranges
Srinagar, Feb 17: The Maloora explosion
which claimed the life of three children might
have evoked widespread response due to
close proximity with Srinagar, but in the past
two years littered explosives, shells and live
ammunition has led to the death of more than
20 persons and grievous injuries to 26 people
in less media glare areas of Jammu and
Kashmir.
During the investigation, Greater Kashmir
found that majority of those killed and injured
were children. The children have been caught
unaware as they took abandoned explosives
and ammunition as playing items. It also came
to fore that many of the children were
handicapped for life.
On January 16, 2010, a boy identified as
Tufail Ahmad, 12, son of Muhammad Iqbal of
Mohalla Chadyal died on the spot when an
explosive device burst at Mohalla Chandyal in
Sangoit area of Mendhar. The police said
some children while playing in a field spotted
a ball-like device and one of them started
fiddling with it. It exploded in his hands resulting
in his on spot death.
Two children were injured when an
explosive which they were playing with went
off in the fields at village Dhar Dachnan in
Doda on May 2, 2010. Police identified them as
Rehan Latief, 3, and Burhan Latief, 9.
On June 27, 2010 two minors were injured
in Pattan in north Kashmir's Baramulla district
while fiddling with an explosive object in their
orchard. The injured were identified as
MuhammadSaleemPandith,10,andAdilAhmad
Pandith, 8. It was followed by another blast on
July 27, 2010, when a 16-year-old girl Zahida
Kousar was injured in a landmine explosion
along the Line of Control in Mendhar Tehsil of
Poonch district of Jammu.
A shepherd along with his cattle was
injured in an explosion in Mendhar tehsil of
Poonch on October 14, 2010. Sadakat Hussain,
23, a resident of Mohalla Sar in Surthoti village
of Gursai tehsil Mendhar, Poonch district was
critically injured when his cattle inadvertently
stepped over a Chinese grenade while grazing
cattle.
On December 11, 2010 a minor was killed
and another sustained injuries while fiddling
with a live grenade at a firing range in Berda
village in Mendhar tehsil of Poonch. Reports
said brothers Iftikar Ahmed and Shaukat
Hussain had gone to the firing range to collect
scrap when the incident took place. While
Iftikar died on the spot, Hussain was injured
when the grenade went off.
The people living on the peripheral areas
particularly along the Line of Control said the
shells are often collected from the firing ranges
of soldiers deep inside the forests and then
sold as scrap. They also said there are
sometime scattered explosives in the jungles
or abandoned explosives lying one the
roadsides. "The children often consider these
explosives as playing items and then become
its victims," a resident of north Kashmir's
Nowgam sector of Kupwara said.
(Contd. on page 5)
J&K HUMAN RIGHTS Perspective
 January-February, 2011
Human Rights Update...
(Contd. from page 4)
In Central Kashmir's Budgam district, people
have often complained that shells lie scattered
in Tousa Maidan- the local grazing ground
where people take their cattle often. The
residents living in the surrounding areas said
they have now abandoned taking their sheep
and cows there because many people were
injured due explosions triggered by the
scattered shells. "We have now abandoned
the ground. We have also asked administration
to instruct the army to not to hold ammunition
practice there. But they are continuing it."
In 2009, 14 people including children were
killed when scattered shells went off while 22
others sustained injuries.
There are some people who were
handicapped. Like on August 11, 2009 a
shepherd lost his left leg in a powerful mine
blast after he accidentally stepped over it
while grazing his cattle at Dalhan area near
Line of Control (LoC) in Poonch district.
Besides children, sometimes scrap dealers
who buy the scattered explosives also become
victims. On June 3, 2009 two scrap dealers
were killed when an explosive device went
off in central Kashmir's Budgam district. They
were identified as Abdul Salam Tantray and
Muhammad Yousuf Malik who were killed on
the spot when they touched the explosive
substance at village Shinglipora. Police said
the duo had picked up the explosive substance
while collecting scrap near a firing range.
It has been widespread demand that
government should take some steps to de-
mine or purge the forests or areas where the
abandoned explosives lie scattered.
(Greater Kashmir, Feb 18, 2011)
Yasin Malik attacked in Ajmer
Srinagar, Feb 11: Jammu and Kashmir
Liberation Front Chairman Muhammad Yasin
Malik was attacked by BJP activists in Ajmer
on Friday as he was in the city to pay obeisance
at the Dargah on the eve of Eid-e-Milad-un-
Nabi (SAW).
It was timely intervention of Kashmiris
present at the Dargah which saved
Malik from physical assault by the rightwing
activists.
"I and my wife were in Ajmer to pay visit
to the Dargah when I was attacked by the BJP
activists and their supporters," Malik told
Greater Kashmir.
Malik said he was standing in the balcony
of the hotel located in Dhan Mandi, adjacent to
the Dargah, when a mob attacked him.
The activists pelted stones and raised
slogans "Hindustan mein rehna hai to Ram
Ram kehna hai," and "Hindustan mein rehna
hai to vande mataram kehna hai." They also
hurled abuses on Malik and were shouting
why the BJP was not allowed to raise the
national flag in Lal Chowk Srinagar on January
26. They also set ablaze the effigy of Malik.
During the incident, a rock hit Malik on his
head.
FIVE
Malik said he could have been manhandled
by the right wing BJP supporters, but due to
support of the Kashmiris present there the
attack was repelled to an extent.
"There were around two and half thousand
Kashmiris there including males and females.
During the onslaught, the Kashmiris came in
between and took care of me and my wife. I
am thankful to them. The police came after one
hour of the incident," he said.
Neeraj Jain, state secretary of BJP youth
wing and member of national executive
committee, who was present in the mob,
termed Malik as "traitor."
"He does not respect the national flag. He
came here to disrupt communal harmony in the
city," he said.
District BJP President Rasa Singh Rawat
and BJP MLA from Ajmer North, Vasudev
Devnani went to the District Collector
demanding to expel Yasin from Ajmer. Later
district administration of Agra ordered to take
Yasin in security and asked him to shift from
Ajmer.
It was the second attack on Malik in 15
days. Earlier, Malik was attacked in Delhi by
BJP activists.
(Greater Kashmir, Feb 12, 2011)
1 shot dead in Hajin
Srinagar Feb 1: Unidentified militants shot
dead a person from Hajin area of Bandipora
district in North Kashmir today.
The police here said that Ghulam Hasan
Dar, was shot at by militants in Hajin, Sumbal,
who later succumbed to his injuries. Further
details were awaited.
(Tribune, Feb 19, 2011)
Gunman open fire, injure
two girls
Srinagar: Armed men tried to barge into a
house in north Kashmir's Kreeri town on
Tuesday night and opened fire from outside,
injuring two girls.
Kreeri SHO Abdul Majeed said that pistol-
borne men fired from a window of the house
of Mohammad Akbar Akhoon at Duderhama
village. "The family was sitting inside, two
girls were injured," Majeed said.
The victims, who escaped with minor
injuries, were identified as Shaista, 18, the
daughter of Ghulam Mohi-ud-Din Akhoon and
Mounina, 6. "They are in a state of shock and
clueless about who could have attacked them,"
the SHO said. "We have not managed a
headway yet, he added.
(Hindustan Times, Feb 17, 2011)
Disabled Persons in J&K
The J&K State, according to 2001 census,
has a total disabled population of 302,670
(272,826 males and 130,853 females).
According to estimates, this number has
increased to 605,340 (343,632 males and
261,708 females) in 2009.)
(Greater Kashmir, Feb 8, 2011)
ll
5000 years of Kashmir ...
(Contd. from page 6)
Sheikh Abdullah assumed power, after abolition
of monarchy of the non-Kashmiri ruler of Jammu,
he claimed that he got azadi for Kashmir after
four centuries of slavery. But his regime, though
popular for achieving what he calledazadifrom
outside ruler, did not provide freedom to the
people. No opposition was allowed.
National Conference was the only functioning
party in Kashmir. Its leaders were appointed
government officers and vice versa. It was a
regimented system where party workers could
dictate terms to the administration, and even the
judiciary. There was no outlet for popular
discontent which is bound to develop, sooner
or later, even if the rulers are angels. The Sheikh
started to represent popular discontent by raising
anti-India voices, which eventually lead to the
crisis of August 1953. The new situation that
leaders and people of Kashmir faced demanded
of them to realize that freedom is as important as
independence. The rulers in Delhi, too, might
have contributed for their inability to understand
and handle the crisis.
Finally, the Kashmiris must understand that
they are no more an isolated and homogeneous
community, but are a part of a State which is
very diverse, geographically, ethnically and
religiously. Moreover, diversity has in modern
times been universally recognized as a great
virtue and a source of strength. If the aspirations
and interests of each diversity is appreciated
and reconciled with one another, this State
would become a model state for unity in diversity
in the subcontinent. The current drift breeds
tensions and misunderstandings which does
not do good to any one of them. Kashmiris can
retain their distinct identity in a federal system in
the State which ensures similar distinctness to
other regions and reconciles their urges.
Kashmir is today faced with unprecedented
challenges to its identity, politics and culture. Let
there be a free debate between intellectuals and
leaders-political and cultural-on what is the
nature of these challenges, and how to face
them. Whatever final status for the State they
may aspire for, it must provide for freedom to
individuals and should work for reconciling the
urges of all regions and ethnic identities of the
State.
References
1. V R Drabu, Salvagamas (New Delhi),
1990, pp50-51
2. O' Molley,Modern India and the West(ed),
1941, p391
3. The Tourist Guide to Kashmir, Ladakh,
Skardo, 1938. p193
4. J' Molley, op.cit. p391
5. GMD Sufi,Kasheer, p19
6. ibid, p697
7. Tarikh Aqvam-e-Kashmir(Urdu) quoted
by Sufi, op.cit. p52
8. Mountstuart Elphistone, History of India
(London, 1866) p. 515
9. Mohibbul Hasan, Kashmir under the
Sultans, p35
10. Sufi op.cit p157
11. Quoted by Sufi, op.cit, p179
12. Kings of Kashmira, Vol III, p76
— Balraj Puri
J&K HUMAN RIGHTS Perspective
 January-February, 2011
5000 years of Kashmir ...
(Contd. from page 1)
absent from their life."7
Monumental Achievements
Kashmir was, at one period, "the clearing
house of several civilizations and the influences
of those are found in this natural retreat."8 It had
also made monumental contributions to Indian
culture. Its position within India was similar to
that of ancient Greece in European civilization.
It has been one of the biggest seats of Indian
culture and learning which, in the words of
Jawaharlal Nehru, "dominated the intellectual
scene of the country for almost 2000 years."
Among political achievements of Kashmir,
mention may be made of the conquest of
Lalitaditya-Muktapdia (725-753 AD), whom the
great Kashmiri historian Kalhana describes as
"the universal monarch moving round the Earth
like the Sun." He raised this country to "pitch of
glory it had never reached before." He, writes
Mohibbul Hasan, "defeated the Arab forces led
by Mohammed Bin Qasim's successor in Sindh
Junaid and overran his territory."9 He collected
a galaxy of scholars from all over India in his
Durbar.
Kashmiris, similarly, hail another golden period
of their history during the reign of the Muslim king
Zain-ul-Abdin popularly called Bud Shah (the
great king) from 1420 to 1470. It "constituted a
climax never attained by any other independent
king in Kashmir."10 He invited artisans, craftsmen,
scholars and men of letters from far-off foreign
countries as a result of which Kashmir flourished
materially and culturally. He laid lasting basis of
a truly secular polity. In Rodger's words, "he
was three hundred years ahead of England."11
Sir Wolsley says Zain-ul-Abdin "possessed a
stock of learning and accomplishments from
which Akbar was excluded, his views were
more enlightened than the emperor's and he
practiced a tolerance which Akbar only
preached."12 According to the greatest Kashmiri
poet of modern age, Mehjur, Akbar learnt the art
of running the affairs of the state from Bud Shah.
Kashmir under non-Kashmiri Rulers
It was Emperor Akbar who brought an end
to indigenous Kashmiri Muslim rule that had
lasted 250 years.
The watershed in Kashmir history is not the
beginning of the Muslim rule as is regarded in the
rest of the subcontinent but the changeover
from Kashmiri rule to a non-Kashmiri rule.
Kashmir remained a part of Mughal Empire
for 106 years. It was indeed a glorious period
of Indian history and Kashmir made progress, in
certain respects. But Kashmiris did not feel a
sense of pride in the Mughal rule as they did in
the Kashmiri rule, Muslim or non-Muslim. There
is a popular belief that it was the ban on army
service imposed on Kashmiris by the Mughals
that demilitarized a martial race.
The Mughal rule over Kashmir ended when
Ahmad Shah Durrani annexed it to the Afghan
empire in 1752. A rule from Herat, Qandhar and
Kabul proved far worse than the rule from Delhi
and Agra. Sofi attributes the end of the rule of
Afghans to their stupidity, greed and exactions.
Their intolerance and extortion, he says, are still
on the lips of those whose ancestors suffered
SIX
at their hands. 67 years of Afghan rule were
followed by the 27 years of the rule of Maharaja
Ranjit Singh, the Sikh Ruler of Punjab and about
100 years of rule by a Dogra family of Jammu.
From the Kashmiri point of view, the entire
period, from 1586 to 1947, was that of an alien
rule, whether the ruler was a Hindu, Muslim or
Sikh. The organized modern political movement
in Kashmir started in 1931 and culminated in the
Quit Kashmir Movement in 1946. Though
addressed to the last ruler Maharaja Hari Singh,
its leaders traced it to the urge for identity and
self-government which started in 1586.
The foregoing broad survey of an unusual
combination of geographical, ethnic and political
factors was bound to make people strongly
conscious of their distinct identity. Neither the
trend of Muslim consolidation which gradually
demolished citadels of what were called
nationalist Muslims elsewhere in the undivided
country in the forties could undermine this
identity nor could emergence of Pakistan as a
Muslim country, after the partition of the country,
almost along communal lines, become an
irresistible attraction.
The role of the Congress party in supporting
the struggle of Kashmiri people against a Hindu
Maharaja, against the open condemnation of it
by the Muslim League had also established a
close ideological affinity between the two.
Moreover, Gandhi and Nehru had asserted that
the people of the princely states, and not their
rulers, had a right to decide which country-India
or Pakistan-they would accede to whereas
Pakistan leaders recognized "the sovereign
right of the princes" to take such a decision. The
attempt by Pakistan to annex Kashmir through
force, by supporting a tribal raid, later bolstered
by regulars of its army, further outraged a self-
respecting community.
The decision of the popular leadership of
Kashmir, backed by overwhelming support of
the people, to accede to India in 1947 was the
only way left to it to protect its deeply cherished
identity and the Kashmiri heritage acquired in the
course of 5000 years through a genius of
reconciling claims of continuity and change, and
assimilation of ideas, cultures and races.
New Challenges to Kashmiri Identity
It is a universally accepted that a tradition
survives, if it continues to change. Kashmiri
traditions have continued to evolve in order to
survive. Continuity and change have a symbiotic
relation. The foremost change that Kashmir
needs today is to provide for dissent, which has
been absent so far. The wholesale conversion
to Buddhism of the Naga tradition was followed
by similar adoption of Shaivism. Conversion of
Kashmiris to Islam, too, was almost universal,
that is, about 95% of the population. Though
Kashmiri retained the essence of its tradition, it
did modify.
Faced with divergent options, perhaps for
the first time, Kashmir's survival depends on
developing respect for dissent. Otherwise, too,
right of dissent is essence of democracy.
Freedom is possible only in a democratic system.
Freedom of expression and respect for opposite
view point must be introduced in Kashmiri society.
In particular, Kashmiri Muslims must realize that
Kashmiri identity itself is incomplete without
Kashmiri Pandits who had to migrate en masse
in 1990. Though 5% Kashmiri Pandits constituted
a microscopic minority, they were a vital and
integral part of Kashmiri identity and contributed
to enriching its intellectual and cultural content.
Harmonious inter-religious relations were an
example for the rest of the subcontinent.
Another new development is that Kashmir is
no longer a homogeneous society with the
same race, language and predominant religion
cut off from geographical barriers from the
outside would. It is now a part of a broader entity
that is Jammu and Kashmir.
In fact, there is colossal ignorance among
leaders and intellectuals of Kashmir about the
heroes of Jammu, freedom fighters, (directed
more against British rule and much less against
rule of the Dogra monarch, as was the case in
Kashmir) movements against feudalism and
system of tyranny, Sufis and saints and eminent
masters of art culture and music. Dogra, Gujjar
and Pahari communities that inhabit Jammu have
close linguistic affinity with one another. In
Duggar area, some places are associated with
Mahabharata period. Buddhist remnants are
also found around the Chenab River in Akhnoor.
Gujjars, who are all Muslims in the State,
trace their ancestry to the times of Lord Krishna
and claim to be builders of great empires in North
India. They have rich folk literature.
Pahari, both Hindus and Muslims, are proud
of their martial tradition and cultural heritage and
are living on both sides of the Line of Control,
dividing Indian and Pakistan parts of the State.
Unfortunately, Jammu region did not attract
galaxy of foreign or Indian scholars to record its
history like Kashmir did. Whatever is available
and preserved is in the form of folk tales and folk
literature. The same is true about Ladakh,
ancient and distinct ethnic race in the trans-
Himalayan range, closer to Tibet than to the rest
of India. Lying on ancient Silk route, it was at an
entreport of cultural and trade exchanges. Leh,
its capital, is called Singapore of ancient times.
While Kashmiris have a legitimate right to be
proud of their rich heritage, the situation in which
they are placed today equally demands that they
must learn and respect the cultures and
aspirations of non-Kashmiri regions and ethnic
communities who together nearly equal the
Kashmiris in population, but geographically are
manifold larger than it.
Historically, Kashmiris were used to being
rulers or being ruled. They proudly recall how
Lalitaditya ruled over a vast empire and curse
the period of slavery by Mughal, Afghan, Punjab
and Dogra rulers. From 1947, they got an
opportunity to rule the State. Kashmiri leaders
belonging to one party or the other have been
the Chief Ministers of the State, except for two
and a half years when a Jammu leader, GN
Azad, occupied the post. They could neither
satisfy the Kashmiris nor non-Kashmiri regions
and communities. While there is a popular
sentiment for autonomy or Azadi in Kashmir,
they have done little to provide autonomy to
regions, though Sheikh Abdullah had agreed to
it in his agreement with Pandit Nehru called Delhi
Agreement in 1952.
As far as sentiment of azadi is concerned,
it is Urdu translation of two different concepts
of independence and freedom. When in 1947,
(Contd. on page 5)
J&K HUMAN RIGHTS Perspective
January-February, 2011
An Invitation to
Free Membership
of
INTERNATIONAL
ASSOCIATION
OF CITIZENS
FOR A
CIVIL SOCIETY
(Registered as non-profit
Society in Alberta, Canada)
DECLARATION
We are human beings.
We celebrate and affirm our
common humanity, our common
dignity, and our common commitment
to live more humanely and civilly in all
our relationships.
We envision a world in which civility,
justice, and peace prevail for everyone
everywhere. This is what we believe:
We are born, we live, and die as
equals.
Our birthright includes universal
and inalienable human rights and
responsibilities, the first of which is to
defend the human rights of every
human being everywhere. These rights
are enshrined in the United Nations'
Universal Declaration of Human Rights.
We are citizens of communities and
nations where we possess certain civil
rights and certain responsibilities, the
first of which is to defend the civil
rights of every fellow citizen of every
other justly established community
and nation in the world.
We celebrate an infinite range of
Editor : BALRAJ PURI
Office : Karan Nagar, Jammu - 180 005 (J&K) INDIA.
Phone : 91-191-2542687, 2543556 Mobile: 94191-02055 • E-mail : balraj_puri1@rediffmail.com
SEVEN
individual, community, national, and
cultural differences and affirm that such
differences do not compromise equality
among us, our universal human rights,
or our diverse civil rights.
We understand that competition can
play a necessary and creative role in
our lives and relationships; and we
assert that co-operation, collaboration,
and personal engagement are also
necessary and creative forces in human
and civic affairs.
This is what we observe:
Our ability to co-operate, collaborate,
and engage creatively in affairs that
matter to us has diminished significantly
and is continually eroding.
One reason for and one consequence
of this erosion is a general lack of
courtesy, tolerance, and openness in
our personal, community,
organizational, national and
international relationships.
This is what we declare:
We shall conduct all of our affairs
humanely and civilly, with respect for
diversity and human and civil rights -
including the inalienable right to life - of
everyone everywhere.
And we shall advocate, promote,
and defend as indispensable means to
that end universal literacy,
proportionally representative
democracy, freedomfrom violence
under the rule of law, equal opportunity
for personal and economic
development, and free and open
discourse on matters of public interest.
GOVERNMENTS ALL OVER THE WORLD
ARE ENGAGED WITH ECONOMIC
PROBLEMS, WARS, SOCIAL ISSUES,
CORRUPTION, AND HUMAN RIGHTS
VIOLATIONS.
THESE PROBLEMS RESULT FROM THE
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VALUES WHICH ARE PILLARS OF A
CIVIL SOCIETY.
WE WANT PEOPLE TO TAKE
LEADERSHIP IN THEIR HANDS.
WE BELIEVE THAT PROMOTION OF
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J&K HUMAN RIGHTS Perspective
 January-February, 2011
Open Letter to Governor, CM, Dy CM & Leader of Opposition
No SVC, amend the act first
W
e are writing to you to urge
that the Selection Committee
refrain from selecting a Chief
Vigilance Commissioner and that
instead the Government should revise
the J&K Vigilance Commission Act so
that it is truly at par with the Central
Vigilance Commission (as the
government has incorrectly claimed).
Major weaknesses:
1. The J&K SVC Act is drawn from
the Central Vigilance Commission Act
of 2003. However, the independence
of the Commission has been
downgraded such that SVC is a quasi-
autonomous body effectively
answerable to the Government/
Executive/Chief Minister rather than a
fully autonomous body answerable
only to the Governor. For comparison,
the CVC is answerable to only the
President, while the J&K State
Information Commission is
answerable only to the Governor. This
is contrary to the claims of the
Government, as reported in the media
when the Bill was tabled on 26 March
last year.
2. Another drawback is that the Act
only permits current or former "civil
servants" at or above the rank of a
Commissioner/Secretary to become
Vigilance Commissioners. The CVC
Act has the same requirement, but the
Central and J&K RTI Acts do not have
any such restriction on the background
of the Information Commissioners.
This creates the perverse situation
where bureaucrats are solely in charge
of policing other bureaucrats. The
involvement of other members of civil
society (jurists, advocates, eminent
citizens) is necessary.
3. Yet another drawback is that the
appointments are ultimately made by
the Cabinet from a panel of names
approved by the Selection Committee
PRESS STATEMENTS
Killing of young man
by Army condemned
Balraj Puri, Convenor PUCL J&K
State, asked for concrete assurance
that the killing of an innocent young man
at Handwara by the army would be
properly enquired into, within a definite
time frame and not meet the same fate
as enquiries into the killing of three
innocent persons at Machil and a young
man by the BSF near Nishat in Srinagar,
EIGHT
Edited, Printed and Published by Balraj Puri for Institute of Jammu & Kashmir Affairs, Karan Nagar, Jammu. Printed at ESS ESS ESS Offset Press, Wazarat Road, Jammu.
(rather than Selection Committee
itself), and the Commissioners can
effectively be removed unilaterally by
the Government (rather than the
Governor). In contrast, at the CVC, the
Selection Committee itself makes the
final selections for appointment by the
President, and only the President can
unilaterally remove a VC.
4. The salaries and rank are the
same as the Chairman and members
of the Public Service Commission
(rather than the "Election
Commissioner" and the Chief Secretary
respectively), and the oath-of-office is
made before the CM (rather than the
Governor).
5. In contrast, the Central Vigilance
Commission and the State Information
Commission enjoy a higher level of
autonomy and rank in all of these
respects. (The relevant laws,
regulations, and website links can be
found on our blog).
The key features of the new J&K
State Vigilance Commission:
The State Vigilance Commission
(SVC) is to be comprised of 1 Chief VC
(also referred to as "Chairperson" of
the Commission) and 2 VCs (also
referred to as "members" of the
Commission).
The SVC will oversee the (currently
existing) State Vigilance Organisation
(SVO) apparatus, transferring
responsibility from the General
Administration Department.
The VC operates under the
Prevention of Corruption Act 1949
(Samvat 2006) and is granted a variety
of powers to run the SVO and conduct
inquiries and will have the status of a
civil court.
The Selection Committee for the
Vigilance Commission includes:
1. The Chief Minister
2. The Law and Parliamentary
which have yet not yielded any concrete
results.
He reminded the authorities that these
killings last year had vitiated the otherwise
normal situation and eventually led to a
chain of protest and killing of 112 youth.
Let that not be repeated this year, he
said.
He warned against similar chain of
events in Kashmir in the current year
which had started on a peaceful note.
Also, that the official enquiries in the two
incidents have produced no results so
far, he said, has reduced the credibility of
the security forces.
Affairs Minister
3. The Leader of the Opposition
or leader of the largest party in
Opposition
The Selection Committee is to
recommend 3 names for each post,
from which the Cabinet shall pick-and-
choose the final appointments.
The Commissioners must come
from a "Civil Service" background; they
can be presently serving or retired and
must be at or above the rank of a
Commissioner/Secretary.
The Chief VC's salary is the same as
the Chair of the PSC, and the VC's
salaries are the same as the members
of the PSC.
The VCs serve for 4 years or until
reaching 65. After becoming a VC, they
cannot be appointed or employed by
the State or Centre to any other body or
office.
The VCs can be removed after an
inquiry by a retired or sitting HC judge
at the instigation of the Government but
the Government may also unilaterally
remove VCs if deemed unfit for a variety
of reasons.
The Commission will be managed
by a Secretary appointed by the
Government, and the rules for the staff
are determined by the Government.
In lieu of the current "Vigilance
Commissioner," the SVO will be run by
a "Director of Vigilance" who must be
an IPS office at or above the rank of an
IGP, who will serve for not less than 2
years (S23: Amendment 11A to POCA).
— Muzaffar Bhat
Convener,
J&K Right to Information Movement
Supported by CHRI
Mobile: 9419562190,
9596081900, 8010090418 (Delhi),
Fax: 01951257199
E-mail: muzaffar@jkrtimovement.org
Web: http://blog.jkrtimovement.org/
Concern Over Attack
on Yasin Malik
Balraj Puri, convenor PUCL J&K State,
has urged the BJP to ponder over
implications of the action of its workers
in Ajmer Sharief who demonstrated
against the visit of JKLF leader Yasin
Malik and his wife to the holy place, asking
them to leave and go back to Kashmir
and laying conditions of saying Ram and
Bande Mataram for staying in India. Does
this not imply that Kashmir is not a part
(Contd. on page 2)
J&K HUMAN RIGHTS Perspective