Injustice of Kashmir: Exposing Fallacy of India’s Democracy

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Tooba Gardezi

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain inalienable rights,  that among these are life, liberty and the pursuit of happiness. That to secure these rights,  governments are instituted among men, deriving their just powers from the consent of the governed.

(Thomas Jefferson, American Declaration of Independence)

American declaration set forth the principles upon which the democratic governments are founded. Democratic governments do not grant the fundamental freedom to the people rather these are created to protect the freedoms that every individual possesses by his or her existence. The true democratic system has four pillars; executive, legislature, judiciary and media, that were established to ensure the freedom and rights of all the people.Thus, as a principle,real democracy upholds the basic human rights of the people and protects these ‘inalienable rights’ in its laws, agreements, and constitution. However, in many democratic societies, anti-democratic policies are still in practice, and we still find this principle as futile.
World’s largest democracy, India is considered to be home to the most vibrant democracy. However, just down the road in Gujarat and other parts of India, minorities including Muslims, Dalits, and Christians; every one has a unique story to share about this vibrant democracy. Miles away, Indian Occupied Kashmir (IOK) is filled up with screams and shouts of billions that expose the true nature of this so-called vibrant democracy.

Today what prevails in Indian democracy is ‘to sound humane but to be more deadly, ‘ and this is very much evident from Indian policy towards Kashmir.

In real democratic societies, the executives are chosen to serve the people and protect the rights of individuals.  However, the real tragedy of IOK today is; Modi’s policies that are marked with more crackdowns, killings, and arrests. Disproportionate use of force, pellet guns, tear gasses, live ammunition has injured thousands. Going by the figures, since NarendraModi took over the power, violence in Kashmir is on rising, and ruthless Indian state terrorism against unarmed and defenseless civilians has reached new heights. In unabated excessive use of force since July 8, 2016, death toll has reached over 255, the number of injured crossed over 19800 and over 1500 youth lost either full or partial eyesight. Recent developments, such as the tough position adopted by Modi and his Cabinet on holding talks with Kashmiris and repeated statements about merging the state entirely with India, have not only distressed the Kashmiris but also exposed the well functioning Indian executive.

India, despite being the oldest democracy, still has demons of prejudice.In Indian legislature, there are no serious debates about Indian brutalities in IOK rather it is driven by political agendas. Indian legislature is a plethora of caste-based parties with political agendas, and none of them act beyond caste-based ideologies. With strong right-wing extremist elements who blatantly continue to disrupt the social fabric with its Hindutva agenda, legislature multiplies hostility in Kashmir and represents a leadership that abstains from publicly denouncing the atrocities being committed. The final nail in the coffin of democracy is dealt within India by the legislature, where Hindutva mobs revived the Modi’s communal agenda, flex muscles against minorities and spike violence against Muslims. Narendra Modi discoursed this programme last year while chanting his mentor Pandit Upadhyaya’s purification mantra saying “do not reward Muslims…but purify them.” Pandit Upadhyaya’s views on Muslims were anchored in Sangh’s traditional perspective. ‘Purification’ was based on the Sangh’s notion that Muslims are not from any other country rather they were Hindus who were forcefully converted to Islam. Ironically this mantra of purification has taken another facet, and now BJP leaders and associates aspire to make India a ‘Muslim free country.’ Many BJP ministers threatened Muslims with repetition of 2002 Gujrat riots, termed all Muslims terrorists and asks Muslims to go to Pakistan. Uttar Pradesh Chief Minister Yogi Adityanath used and fueled the communal poison in every possible way to build his politics. Driven by his bigotry, he did not hesitate in defaming Muslims and said that “At present what we need is to dig out the corpses of their [Muslim] mothers and sisters and rape them.”

Leading social scientist Helen Thomas once said that ‘a state cannot spread democracy with a barrel of a gun.’ However, India, in the name of democracy ruled Kashmir under the umbra of the gun instead of democratic values and killed thousands of Kashmiris turning Kashmir a garrison state.

In the liberal democratic structures all over the world judiciary is a separate and powerful organ of the government which attains the highest degree of public respectability. However, in Kashmir, the administration of justice has been an inseparable part of governance.  Kashmiris have been at the receiving end of cruelty, injustice, and oppression, whose memory is replete with unanswered pleas for protection and justice.  Indian judicial systems fall short of delivering justice for crimes against humanity in Kashmir.
The judicial system of India in Kashmir and back home has repeatedly been questioned by international media and human rights defenders. Vis-à-vis Kashmir in April 2017, US State Department in its “Country Report on Human Rights Practices 2016”, identified extrajudicial killings, widespread impunity, security forces abuses and lack of accountability as general human rights problems in India. The report further noted that impunity of armed forces from persecution mocks the democratic process of India. Further highlighting the broken judicial system and prevailing injustice report pointed out that “court backlogs delayed or denied justice, including through lengthy pretrial detention and denial of due process.” Thus in Kashmir, neither justice nor democracy stirred under Indian occupation.

India has a press whose freedom of speech no longer exists. There is a media that is owned and controlled by corporate conglomerates and Hindutva agenda and is obsessed with covering every political melodrama on a minute-by-minute basis irrespective of its irrelevance in national or long-term significance and ignoring the Indian atrocities in Kashmir.

So here is the Indian state, in all its democratic glory willing to persecute, execute and imprison the defenseless Kashmiris. Over the past few months, India has poured thousands of heavily armed paramilitary forces to restrain Kashmiris. To quell the protests, the Indian government banned 22 social media sites, arrested thousands, caused incalculable damage to properties and launched a lethal crackdown and search operation in Shopian, Pulwama, and Kolgsam. Despite such trauma of killings, torture, and horrible curfews, Kashmiris stood firm against Indian tyranny. Developments unfolding today indicated the fact that Kashmiris has categorically rejected Indian presence in Kashmir.

April 2017 is marked with yet another vicious cycle in Kashmir history and is evidence of fake Indian democracy, when it used live rounds, pellets and tear gasses to gain desired results in by-elections for a parliamentary seat. Despite, use of force to voter turnout was at a historic low of 7 to 6 percent with 200 instances of violence. India for its political gains is trying hard to clamp down Kashmir with an iron grip.SitaramYechury, Indian Communist Party leader, revealed the Indian intentions behind the persistent unrest in Valley and said that India is deliberately protracting the escalations to reap benefits in 2019 LokSabha elections. This indeed has not only exposed the Indian false claims of being a democratic state but also reflected the wicked designs of world’s largest democracy towards Kashmir.

As Kashmir boils, Chief Minister Mehbooba Mufti instructs people of IOK to use the benefits of democracy. The volatile situation in IOK is worrisome; however, CM appeared to be more engrossed to please New Delhi by making such statements at the cost of Kashmir.

Democratic regimes ensure the protection of rights and respect the public opinions. However, endless Indian atrocities have marked era of injustice, oppression, and cruelty for Kashmiris. India, with its façade of democracy, has adopted an obnoxious policy of violence against Kashmiris and Muslims within India. Thus Islamophobia, crackdowns, rapes, assaults and excessive use of force is the truth of Indian democracy. India has never shied away to breach the democratic procedures to gain a foothold of Kashmiris in particular and minorities at large. India’s such unethical and undemocratic behavior received international condemnation, and its poor human rights records are under the scanner at UN. On May 4, during the review of third national report on ‘Universal Periodic Review Process (UPR)” of India, it attempted to mock Indian democracy as ‘minority friendly’ however Pakistan exposed fraudulent Indian democracy and ranked up the prevailing situation in IOK, where a state-run racket is in process now a days.

Democracy is indeed the best system but only if governed by the best people. But Indian democracy in Kashmir is a pure tyranny that works by heavily planned military structures. Despite desperate Indian attempts to control Kashmir through the barrel, IOK has entered a critical stage where India has lost the battle to win over Kashmiris through the gun. The real Kashmir exists beneath all mighty Indian claims of democracy.  The shallow claims of working for Indian democracy within Kashmir are laden with hypocrisy and force.The World is honoring the resolve and courage of those who have been fighting against the Indian tyranny for decades, for their dignity and for their right to live.

India needs to realize the fact that its status quo in Kashmir is no longer acceptable to the people and its politics has met its Waterloo. India has to admit the fact that will of people is supreme. Their uprising is spontaneous, widespread and indigenous. It is need of the hour that preventive diplomacy of the international community should be unfolded for just and durable settlement of Kashmir dispute.