archive: Unequal rights
Unequal rights
Abhay Mokashi
Mid-Day
July 7, 1999
Title: Unequal rights
Author: Abhay Mokashi
Publication: Mid-Day
Date: July 7, 1999
Even as innocent people are being killed by militants in Jammu &
Kashmir, there is a strange but predictable silence from various human
rights organisations in the country. Inadvertently or otherwise, most
of these organisations have over the years been either selective in
their criticism of violation of human rights or have given an
impression of being biased in their protests or silence, on such
issues.
Several instances can be pointed out, which makes one wonder, whether
these organisations and their leaders are really keen on protecting
human and civil rights or are interested merely in cheap publicity.
Practically, all such organisations and individuals, propagandists of
civil liberties and human rights, have shouted themselves hoarse over
the violation of human rights by the uniformed services in Punjab,
Jammu & Kashmir and North Eastern states of India. There have no doubt
been instances where the armed forces have indulged in atrocities on
the innocent and throwing civil rights to the dogs. Whether it was in
West Bengal, during anti-Naxalite operations, or in Punjab, and Jammu
& Kashmir, in the name of flushing out terrorists and militants, many
have been killed, tortured or detained illegally. Most of them were
not even remotely connected with militancy.
Such encroachments on civil liberties of citizens cannot and should
not be tolerated. But at the same time, one cannot overlook the attack
on human rights of ordinary people, by the militants and the
terrorists. Rarely have the organisations and their leaders made as
much noise about these violations, as in the case of violations by the
state machinery. Even in their condemnation of the violation of civil
liberties by militants and their organisations, there seems to be a
bias towards one community against another. When innocent people are
being killed in Doda and other parts of Kashmir, these organisations
are silent. This has been accepted, helplessly, by a national leader
of a civil rights organisation. Such attitudes raise doubts about the
intentions of these organisations and their leaders. Moreover, the
faults of one cannot be used to cover up or to be apologetic about
those of the other.
I was shocked at the adamant attitude of the respectable Justice V M
Tarkunde, who refused to condemn the torture of seven Indian Army
personnel by Pakistan, before they were killed last month. Justice
Tarkunde's defence, at his 90th birthday felicitations, was that
thousands of Kashmiri youth were still missing due to the action of
the Indian Army in Jammu & Kashmir over the years. The Indian Army may
have been responsible for the disappearance of Kashmiri youth and if
this is so, it has to be condemned in the strongest possible terms.
But this is no excuse to condone the act by the Pakistan Army
personnel. If lack of nationalism and patriotism prevents one from
condemning such acts, at least on the grounds of human rights
violations, there has to be condemnation.
Even if Usha Mehta, the renowned Gandhian, had failed to condemn the
atrocities against Kashmiri people by the Indian security forces,
Tarkunde should not have used that as an excuse to be silent on the
issue of the torture of the Indian soldiers.
In fact, a man of the stature of Justice Tarkunde should have taken
the issue to international for a violation of civil rights, even of
criminals, by the state machinery cannot be condoned in a democracy,
but those who have made it their business to take up issues of human
rights violations, should not ignore other instances of breach of
human rights.
Title: Unequal rights
Author: Abhay Mokashi
Publication: Mid-Day
Date: July 7, 1999
Even as innocent people are being killed by militants in Jammu &
Kashmir, there is a strange but predictable silence from various human
rights organisations in the country. Inadvertently or otherwise, most
of these organisations have over the years been either selective in
their criticism of violation of human rights or have given an
impression of being biased in their protests or silence, on such
issues.
Several instances can be pointed out, which makes one wonder, whether
these organisations and their leaders are really keen on protecting
human and civil rights or are interested merely in cheap publicity.
Practically, all such organisations and individuals, propagandists of
civil liberties and human rights, have shouted themselves hoarse over
the violation of human rights by the uniformed services in Punjab,
Jammu & Kashmir and North Eastern states of India. There have no doubt
been instances where the armed forces have indulged in atrocities on
the innocent and throwing civil rights to the dogs. Whether it was in
West Bengal, during anti-Naxalite operations, or in Punjab, and Jammu
& Kashmir, in the name of flushing out terrorists and militants, many
have been killed, tortured or detained illegally. Most of them were
not even remotely connected with militancy.
Such encroachments on civil liberties of citizens cannot and should
not be tolerated. But at the same time, one cannot overlook the attack
on human rights of ordinary people, by the militants and the
terrorists. Rarely have the organisations and their leaders made as
much noise about these violations, as in the case of violations by the
state machinery. Even in their condemnation of the violation of civil
liberties by militants and their organisations, there seems to be a
bias towards one community against another. When innocent people are
being killed in Doda and other parts of Kashmir, these organisations
are silent. This has been accepted, helplessly, by a national leader
of a civil rights organisation. Such attitudes raise doubts about the
intentions of these organisations and their leaders. Moreover, the
faults of one cannot be used to cover up or to be apologetic about
those of the other.
I was shocked at the adamant attitude of the respectable Justice V M
Tarkunde, who refused to condemn the torture of seven Indian Army
personnel by Pakistan, before they were killed last month. Justice
Tarkunde's defence, at his 90th birthday felicitations, was that
thousands of Kashmiri youth were still missing due to the action of
the Indian Army in Jammu & Kashmir over the years. The Indian Army may
have been responsible for the disappearance of Kashmiri youth and if
this is so, it has to be condemned in the strongest possible terms.
But this is no excuse to condone the act by the Pakistan Army
personnel. If lack of nationalism and patriotism prevents one from
condemning such acts, at least on the grounds of human rights
violations, there has to be condemnation.
Even if Usha Mehta, the renowned Gandhian, had failed to condemn the
atrocities against Kashmiri people by the Indian security forces,
Tarkunde should not have used that as an excuse to be silent on the
issue of the torture of the Indian soldiers.
In fact, a man of the stature of Justice Tarkunde should have taken
the issue to international for a violation of civil rights, even of
criminals, by the state machinery cannot be condoned in a democracy,
but those who have made it their business to take up issues of human
rights violations, should not ignore other instances of breach of
human rights.
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