archive: Making Genocide a Non Event
Making Genocide a Non Event
Posted by Ashok Chowgule (ashokvc@giasbm01.vsnl.net.in)
Kashmir Sentinel
June 16 - 31 July, 1999
Title: Making Genocide a Non Event
Author:
Publication: Kashmir Sentinel
Date: June 16 - 31 July, 1999
"It is the greatest service done by an institution created to uphold
human rights towards the cause of Political Terrorism. The judgement
has imparted a secular legitimacy to a militant movement which the
entire world now recognises as Pan-Islamic terrorism", these were the
initial reactions of the Chairman of Political Affairs of Panun
Kashmir when asked to comment on the judgement of National Human
Rights Commission on the Case No: 938/94-95/NHRC of Panun Kashmir
Movement. This organisation had stated in its plea to NHRC that the
acts of violence, perpetrated against Kashmiri Pandits resulting in
their almost total exodus from the Valley, amounted to genocide under
the terms of the 1948 genocide convention.
The judgement has been received by the entire displaced community with
a sense of shock. "It is basically a non-judgement. What has
happened to us has been termed as genocide-like and not genocide. The
entire hypocrisy of the commission is revealed by this one word," said
Sh B.L. Fotedar a retired Professor. The debate which the judgement
has generated within the displaced community has not as yet reflected
openly. A group of prominent Pandit experts met immediately after the
judgement and cautioned the Pandit leadership to postpone their public
reaction as it might jeopardise National effort in fighting the
terrorist intrusion backed by Pakistan Army in Kargil.
In the meanwhile, this judgement has drawn little appreciation from
the cross section of media in terms of its import vis-a-vis correcting
the distortions in the Human Rights situation in Kashmir valley.
Experts on Human Rights situation, terrorism and international law
have started expressing sense of bewilderment on the judgement. One
of the leading columnist of a national daily Tribune commented, "Acts
akin to genocide and a genocide-type design, but no genocide! That is
like saying that we have a war like situations in Kargil but not a
war. A description that conceals more than it reveals."
Dr. M.K. Teng, himself an internationally reputed expert on Kashmir
described the judgement of the National Human Rights Commission, "as
an effort to steer clear of the pronouncements on the major
catastrophy that Pan-Islamic fundamentalism has brought to Jammu and
Kashmir. Dr Teng further commented on the judgement as, "Human Rights
have a single dimension and that dimension is universal in content.
They are not restricted by civil law and civil procedure of any
country including India. International imperatives which have been
laid down by Nuremberg Tribunal, Tokyo Tribunal and the United Nations
Human Rights Commission cannot be inverted to suit the purpose of any
Nation State. NHRC has reversed all these imperatives with regard to
the petition of Kashmiri Pandits,". Dr M.K. Teng incidentally had led
one of the first delegation of Kashmiri Pandits which approached the
National Human Rights Commission when it was constituted in 1993.
Prof. K.N. Pandita another expert on Central Asia and Islamic
fundamentalism who has been regularly representing on Human Rights
situation in the region at the United Nations Human Rights Commission
at Geneva describes the judgement as a very clever act to 'play safe'
and avoid-telling the 'bitter truth'. He comments, that, "the
judgement is a clear attempt to 'please everybody and every pare.
involved in the tragedy that overtook-the Pandits,".
US Congressman Frank Pallone taking note of the inadequacy of the
judgement commented very recently that so far National Human Rights
Commission of India has not gone beyond acknowledging that Pandits
have been victims of ethnic cleaning as a part of militant campaigns
to get Kashmir seceed from India. Prof ML Koul who has written many
books on Kashmir made a more penetrating observation. "Hiding the
acts of Genocide has always 6een an inseparable part of the processes
which cause Genocide. International experts term it as making a 'non
event' of a genocidal act. NHRC willy nilly has done this particular
role for the perpetrators of genocide in the Valley".
While as the debate on the implications of 11th June, 1999 judgement
of NHRC has just picked up the total attitude of National Human Rights
Com-mission cannot be judged only on the basis of its the various
pleas of the displaced Hindus from the Valley. Feelings as ex-pressed
by Dr. M.K. Teng that, "NHRC is typically functioning as a statutory
instrument of Indian state conscious of its origin and its status,"
convey more than actually appears to a naked eye. During many
hearings at Human Rights court constituted by NHRC no less a person
than its Chairman started showing more interest in the political
demands of displaced Kashmiri Pandits than various Human Rights issues
for which the commission had been approached by the displaced victims
from the Valley. Panun Kashmir representatives were baffled when the
Commission started asking more questions on their 'Homeland demand'
than, on the issue of 'internal displacement' for which they had
approached the Commission.
The incident which took place during one of the penultimate hearings
for the 'Genocide Case' for which judgement was pronounced on 11th
June bears a better testimony of the total attitude of the National
Human Rights Commission towards displaced Kashmiri Pandits. Dr Shakti
Bhan who had been representing on behalf of Panun Kashmir at the
Commission moved an application when the Human Rights court was about
to wind up its proceedings for the day. The application which Dr
Shakti moved had a dramatic impact when the chairman of NHRC started
reading it. No less a person than the chairman blurted out with anger
on the reputed gynaecologist from the Valley, "What do you think you
are? ... Do you want to become a leader? Do you know what you have
written? Your case has already been dismissed?.. what is your locus
standii? ... Do you represent all Kashmiri Pandits ... ? etc etc.."
The shocked lady still mustered courage and pleaded "Sir if our case
has been already disposed why have we not been communicated?.... Why
is our case listed by NHRC itself for hearing today? Where is the
copy of the decision which you have given on our case?.. Sir you might
have disliked what we have written in the application but this is how
we and my community feels about the commission... We do not mean to
dishonour the commission and to demonstrate that spirit I for the
present withdraw this application" Dr Shakti Bhan left feeling
harassed.
The others who witnessed those proceedings were no less shocked.
"Even an individual can approach the Human Rights Commission. Why
should the chairman talk about the locus standii?... It is not a crime
to be leader!
.... If commission has taken decision why is the case still listed for
discussion?" with such questions the displaced Pandits left the
commission premises. This correspondent who was present there was
hurriedly able to note the contents of the application moved and
subsequently withdrawn under the circumstances revealed here. These
contents revealed the reasons for the consternation of the Chairman of
NHRC. It read," The honourable members of National Human Rights
Commission will appreciate our anxiety and concern over two
fundamental problems we faced in the proceedings of the commission.
First we have found to our consternation that the proceedings of the
commission follow a quasi-judicial process and precept similar to
Indian judicial system, leading invariably to delay of justice and in
many cases denial of justice as well.
.... Secondly honourable commission has followed other such procedures
which have lead to procrastination of vital decisions on major issues
of the violation of human rights in Jammu and Kashmir ... In our
petition submitted to the honourable com-mission dated 20/11/97 we had
prayed to the chairman of NHRC to, "institute a commission of enquiry
on the Sangrampora and Gool massacres of Kashmiri Pandits in
particular and to enquire the entire gamut of Govt's, handling of the
issue of return in the light of the fresh destabilisation of the
entire Kashmiri Pandit Community.. for reasons known to the commission
only, such a prayer was ignored It took one more gruesome massacre of
Kashmiri Pandits at Wandhama to shake the honourable commission out of
a self imposed inertia to constitute a commission of enquiry headed by
Sanker Sen. Even though the terms of reference of the commission as
reported by the press were not comprehensive enough to understand the
entire gamut of govt's handling of the issue of return of displaced
Hindus of Kashmir, yet the re-port of the enquiry was not allowed to
see the light of the day. Honourable commission has however chosen to
embarrass us by responding with unusual haste to a plea of a foreign
organisation, Indo Canadian Kashmir Forum (ICKF), which sought a
phased return of a section of displaced Pandits to Valley,
intriguingly overlooking the underlying message of the series of
massacres of Hindus which followed Wandhama Carnage.. For more than
four years National Human Rights Commission has avoided to give its
opinion with regard to the settling of the definitional status of
displaced Kashmiri Pandit population and only complimented the dilly
dallying tactics of state as well as Central governments.
.... We had also time and again pleaded and prayed to the commission
to constitute an expert 'study group' to look into the issues relating
to the ethenoreligious cleansing of Kashmiri Pandits. No action has
been taken on that account so far.
.... We have enough reasons to suspect that the honourable commission
has abnegated its rightful function avoided taking responsibility,
more or less in consonance with the shifting attitudes of the State
and Central governments which for obvious reasons have been seeking to
camouflage the most severe violation of Human Rights of Hindus of
Kashmir.
.... The failure of National Human Rights Commission to intervene
properly on the issues which our organisation has brought to its
notice has undermined the faith of the displaced community in the
honourable Commission. The attitude of NHRC has also contributed
wit-tingly or unwittingly towards generating a selective sensitivity
on the Human Rights scenario in the country." Just after this hearing
when people were coming out of the Human Rights Court a gentleman
perhaps an employee of NHRC commented, "your have put the hand on the
raw nerve of the Commission".
The judgement on the genocide is bound to cause uproar in coming
days. The displaced community, as per reports, is gearing for a
proper rebuttal. "World has to know that NHRC is a sham. We will
expose and reveal its modus operandi," said one Pandit leader in
Jammu. Dr Shakti Bhan the OK leader, however, was more composed in
her reaction, "W,- have succeeded in making Human Rights Groups like
Amnesty International Asia Watch and others to appreciate our view.
NHRC has only undermined its own position by failing to see the truth
which is getting wider international recognition with each day".
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