'Supreme Court Has Been Slow To Deal With Kashmir Petitions' : United Nations High Commissioner For Human Rights [Read Statement]

The United Nations High Commissioner for Human Rights issued a statement on Tuesday expressing concerns at the continuation of communication blockade and restrictions in Kashmir.

"We are extremely concerned that the population of Indian-Administered Kashmir continues to be deprived of a wide range of human rights and we urge the Indian authorities to unlock the situation and fully restore the rights that are currently being denied", said the statement issued by the Spokesperson of UN High Commissioner for Human Rights at Geneva.

The UN body also highlighted the manner in which the Supreme Court has been delaying adjudication on the petitions raising issues of violation of fundamental rights of people in Kashmir.

"The Supreme Court of India has been slow to deal with petitions concerning habeas corpus, freedom of movement and media restrictions. The Jammu and Kashmir State Human Rights Commission, the State Information Commission (which implements the right-to-information laws) and the State Commission for Protection of Women and Child Rights are among key institutions being wound up, with the new bodies to replace them yet to be established".

It may be noted that the Supreme Court has not questioned the Central Government about the legality of grounds in the detention orders passed against political leaders like M Y Tarigami and Farooq Abdullah. Also, the Court has refrained from examining the reasonableness and necessity of the restrictions even after 80 days of the blockade, and has been adjourning the hearing of the petitions without passing effective orders.

The observations made by the UN High Commissioner about the Supreme Court assume relevance in this context.

The UN High Commissioner also said that major political decisions about the future status of Jammu and Kashmir have been taken without the consent, deliberation or active and informed participation of the affected population. Their leaders are detained, their capacity to be informed has been badly restricted, and their right to freedom of expression and to political participation has been undermined.

"The undeclared curfew imposed by the authorities in the region was lifted from much of Jammu and Ladakh region within a few days, but is reportedly still in place in large parts of the Kashmir Valley, preventing the free movement of people, as well as hampering their ability to exercise their right to peaceful assembly, and restricting their rights to health, education and freedom of religion and belief", the statement said.

On August 22, the UN body had told the Indian Government that the information blackout in Jammu and Kashmir is a form of collective punishment on the people there and is inconsistent with the fundamental norms of necessity and proportionality.

Read the full text of statement :

"We are extremely concerned that the population of Indian-Administered Kashmir continues to be deprived of a wide range of human rights and we urge the Indian authorities to unlock the situation and fully restore the rights that are currently being denied.

Twelve weeks ago, on 5 August, the Government of India revoked constitutional provisions granting partial autonomy to the state of Jammu and Kashmir and announced the creation of two separate federally-administered Union Territories, which will come into effect this Thursday (October 31). At the same time, very restrictive measures were imposed. Although some of these measures have been relaxed, their impact on human rights continues to be widely felt.

The undeclared curfew imposed by the authorities in the region was lifted from much of Jammu and Ladakh region within a few days, but is reportedly still in place in large parts of the Kashmir Valley, preventing the free movement of people, as well as hampering their ability to exercise their right to peaceful assembly, and restricting their rights to health, education and freedom of religion and belief.

There have been several allegations of excessive use of force including the use of pellet-firing shotguns, tear gas and rubber bullets by security forces during sporadic protests, with unconfirmed reports of at least six civilian killings and scores of serious injuries in separate incidents since 5 August.

We have also received reports of armed groups operating in Indian-Administered Kashmir threatening residents trying to carry out their normal business or attend school, as well as several allegations of violence against people who have not complied with the armed groups' demands. At least another six people have been killed and over a dozen injured in alleged attacks by armed group members since 5 August.

Hundreds of political and civil society leaders, including three former Chief Ministers of Jammu and Kashmir, have been detained on a preventative basis. While some political workers have reportedly been released, most senior leaders – especially those from the Kashmir Valley – remain in detention.

We have also received a number of allegations of torture and ill-treatment of people held in detention. These must be independently and impartially investigated. Torture is totally and unequivocally prohibited under international law.

While restrictions on landline telephones were eventually lifted, and a state-run telecom company allowed to resume partial mobile services, all internet services remain blocked in the Kashmir Valley. Media outlets continue to face undue restrictions, with at least four local journalists allegedly arrested in the past three months.

The Supreme Court of India has been slow to deal with petitions concerning habeas corpus, freedom of movement and media restrictions. The Jammu and Kashmir State Human Rights Commission, the State Information Commission (which implements the right-to-information laws) and the State Commission for Protection of Women and Child Rights are among key institutions being wound up, with the new bodies to replace them yet to be established.

Meanwhile, major political decisions about the future status of Jammu and Kashmir have been taken without the consent, deliberation or active and informed participation of the affected population. Their leaders are detained, their capacity to be informed has been badly restricted, and their right to freedom of expression and to political participation has been undermined.

Note: A number of the most serious underlying issues which remain to be addressed, including impunity for past violations by Indian security forces, were outlined in the second of two reports published by the UN Human Rights Office in July 2019, as well as in the initial remote monitoring report of June 2018".