NHRC'S Verdict on Kashmiri Pandits
After four
years of prolonged discussions and hearings, arguments and counter arguments,
NHRC of India has finally given its verdict on three hundred thousand internally
displaced Kashmiri Pandits. It has dismissed both of their pleas, genocide
and internal displacement. The actual text of the verdict is not with us
and we have only seen its excerpts in national and local newspapers.
A cursory glance on the verdict reveals
that the NHRC has very cleverly tried to play safe and avoid telling the
bitter truth. It is a clear bid to please everybody and every party involved
in the tragedy that overtook the Pandits. A close study of the verdict
shows that political considerations have become a strong constraint for
the Commission to call a spade by its name. The question is whether by
trying to play safe, the Commission has really achieved its objective of
being projected as impartial? Impartiality of a body that has been constituted
on the premise that it will only take into account the human rights aspect
of issues before it, stands eroded when it chooses to be friends to all,
the oppressor and the aggrieved. Let us substantiate it.
By juxtaposing the numbers of people of
two communities, Hindus and Muslims, killed in Kashmir, the Commission
has tried to convey that the Muslims have suffered more than the Kashmiri
Pandits have. The Pandits never made any plea that the number of the members
of their community was more than that of the Muslims. The Pandits had made
simply two cases (a) genocide was unleashed against them (b) they were
internally displaced people, as they had not crossed the international
border. Therefore, to bring in the number of the Muslims killed in Kashmir
is an extraneous matter, which the NHRC has linked up with the case of
the Kashmiri Pandits only to win the goodwill of the State government,
the majority community of Kashmiri Muslims and their sympathizers like APHC.
The NHRC has made an allusion to the communal
harmony among the two communities in Kashmir in the past and has made it
synonymous with ‘Kashmiriyat’. This assertion is certainly outside the
legitimate jurisdiction of the NHRC. It is not the business of the NHRC
to pronounce judgement on controversial issues of history, which even the
recognized historians have not tried to adjudge to their finality. One
would like to ask the NHRC which authentic works of Kashmir history did
it consult by way of recorded evidence in support of their assertion’ We
would help the Honorable Commission to consult at least three histories
authored by the Muslims and considered as the most dependable histories
of medieval and modern Kashmir. These are (1) Baharitan-e-Shahi, AD 1622,
written by an anonymous author (now identified as Sayyid Muhammad Mehdi
by more recent researches), translated from original Persian MS into English
with annotations by Dr KN Pandit and published by Mukhopadhiya, Calcutta
1991, (2) Tohfatu’l-Ahbab or the Biography of Shamsu’d-Din Araki, Persian
MS written by Muhammad Ali Kashmiri in AD 1632 and translated and published
by Muhammad Reza Akhund Zadeh, in Khaplu, Baltistan (Northern Areas of
Pakistan) in 1998. (3) Tarikh-e-Kashmir by Prized Ghulam Hassan Khuihami
in Persian in 1891 and published by JK Academy of Art, Language and
Literature in Srinagar in 1971.
All the three histories are most important
source material for Kashmir history of mediaeval (Sultanate) times. Had
the Honorable Commission cared to go through this fund of source material
compiled by the local Muslim historians, we are sure it would have never
passed the verdict of prevalence of communal harmony among the two communities
in Kashmir. Nor would they have landed in the totally misleading concept
of ‘Kashmiriyat’. After reading the above mentioned three sources of mediaeval
Kashmir, the Honorable Commission would have no difficulty in arriving
at the conclusion that ‘Kashmiriyat’ is synonymous with ‘Islamization’
in Kashmiri parlance.
To be only brief, Tohfatu’l-Ahbab, for example,
devotes one full chapter to the story of destruction of temples in the
length and breadth of Kashmir valley by Mir Shamsu’d-Din Araki and his
Kashmiri disciples. Had the Honorable Commission studied these works with
patience and in detail, it would have certainly found a new dimension of
genocide. Look at the superb cleverness of circumventing the core issue.
The Honorable Commission says what happened in Kashmir were genocide-like
activities but not genocide.
Where is the dividing line between genocide-like
activities and actual genocide’ In regard to the question of numbers among
the Hindus and the Muslims killed in Kashmir, we have to be very clear
in what it means. Where the Muslims killed with the avowed objective of
bringing about ethno-religious cleansing of the Muslims in the valley’
No not at all. Most of it was personal vendetta, old feuds and rivalries,
disputes over property and women etc. How can the motives of these killings
be equated with the motives behind the killing of the Pandits or handing
out threats to them from mosque tops and through paid ads in the print
media’ The militant leadership made repeated statements that the Pandits
can come back but only on condition that they will join the movement against
India and fight side by side with the insurgents. No such condition has
even been imposed on Muslims of the Valley who leave the Valley and have
bought property (houses and land) in different parts of the country.
The Honorable Commission should have taken
note of the fact that no residential house of a Muslim migrant was either
looted or set on fire or destroyed and vandalized. On the contrary, nearly
25 thousand houses of the Pandits were looted, vandalized and then set
on fire. Not a single house or property of the migrated Muslim has been
illegally or forcibly occupied in his absence. In comparison to this, all
the Pandit houses have been forcibly and illegally occupied along with
their property and immovable household effects. How sad that the Honorable
NHRC should have surrendered to political expediency while it was expected
to be impartial, just and forthright. What does it mean that the Pandits
demand for an inquiry into the entire rise of militancy and the exodus
of the community is understandable’ Why this understatement’
The Honorable
Commission, if convinced of
violation of human rights of the Pandits, as it appears to be, should have
issued instructions to the central and the state governments to constitute
a commission of inquiry with clearly defined terms of reference and a time
frame within which it should submit its report. By making a casual and
half-hearted reference to the issue, the Honourable Commission has only
tried to play safe with the government. The recommendation that living
conditions of the internally displaced people be improved, is what every
ordinary visitor to the refugee camps has been saying. That is what foreign
pressmen or human rights organizations visiting the camps have very often
told the government. The Honorable Commission has just completed the formality
by writing down a soothing sentence in the verdict. The Honorable Commission,
fully aware of the living conditions in this country and the state, should
have specified the amount of relief, the specific improvements in living
conditions like the specifications of the one-room tenement, sanitary requirements,
protection against heat and rain, repairing of the hutment, healthcare
facilities, education, environmental security etc. What is shocking is
that the Honorable Commission has not even made the slightest reference
to the enormous air pollution caused by the brick kilns which influential
local businessmen have established within the refugee camps. It has failed
to realize the health hazard. The Commission should have at least said
a word about the supply of drinking water to the remote camp in Batar Bali
in Udhampur where the refugees are thirsting for a mug of water from one
morning to the next morning. Instead of taking up these serious issues
of human beings, the Honorable Commission has sought to travel safe and
secure along the political road indicator.
It is sad that a politically motivated report
instead of one squarely based on human rights considerations has emanated
from the NHRC of India. But the most unrealistic of all the assertions
is the pious wish of the Honorable Commission that a day in God’s
eternal calendar will ultimately dawn when the Pandits will go back to
their respective places and live in harmony with their Muslim neighbors
who will manage flow of streams of milk and honey for them. Nothing can
be more amusing. This clearly shows how superficially the Honorable
Commission has been treating and understanding the entire Kashmir issue.
It betrays its lack of vision that demands linking the return of Pandits
to national security and the security of India’s northern frontier.
It shows deliberate attempt of understating
the massive Islamization of Kashmir brought about by the so-called secular
as well as non-secular forces in Kashmir. This is an unadulterated wish
of ransoming the three hundred thousand member of a religious minority
to the diktat and arbitration of a majority whose loyalties do not at all
synchronize with the ransomed group. Does the Honorable Commission want
us to tell the world in plain words that the land of Kashmir may be with
the Indians, her people are not’ The Pandits salute the tricolor and sing
the national anthem. In Valley the tricolors are set on fire and replaced
by green star and crescent and takbir replaces national anthem. This is
the scenario into which the Honorable Commission piously desires the Kashmiri
Pandits to move into. The Honorable Commission has very subtly tried to
circumvent the writing on the wall in Kashmir. That does not mean the Pandits
can be blackmailed.
We politely suggest the Honorable Commission
to withdraw its verdict immediately and treat the Kashmir Pandit case on
the merits of human rights and not as a matter of political expediency.
The Pandits should strongly protest against this politically oriented verdict
and should also approach the UNHRC and the Supreme Court against summary
dismissal of their case of genocide and internal displacement.
[Courtesy - Kashmir
Sentinel]
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