Dr Ghulam Nabi Fai
The Committee against Torture opened its 78th session in Geneva on October 30 and will continue until November 24, 2023. The assembly of 10 independent experts is headed by Dr. Claude Heller of Mexico. The Committee will examine the implementation of the ‘Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ by its states’ parties.
It is important to note that the Convention against ‘Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’ was adopted on December 10, 1984. It became operative on June 26, 1987. Article 1 of the Convention states that “for the purposes of this Convention, the term “torture” is defined as any act that causes severe pain or suffering, whether mental or physical, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind.”
India’s War Crime in Kashmir
During a United Nations Third Committee session, Dr. Alice Jill Edwards, the UN Special Rapporteur on Torture from Australia, highlighted a persistent accountability gap for global torture and ill-treatment, attributing it to systematic denial and obstruction by public authorities. She emphasized that states failing to pursue truth and justice become accomplices in torture, and impunity jeopardizes governmental legitimacy.
Human Rights Watch underscores the universal prohibition of torture, categorically stating its illegality in all circumstances. Despite this, the disputed territory of Kashmir witnesses widespread torture with impunity, affecting every resident under the constant threat of abuse. The substantial military presence serves as a constant reminder of subjugation.
India’s authorization of laws like the Jammu and Kashmir Public Safety Act and the Armed Forces Special Powers Act has led to a police state reminiscent of the Gestapo in Indian Illegally Occupied Jammu and Kashmir (IIOJK). Tens of thousands of Indian officials are accused of war crimes, including killing, torture, rape, and destruction of civilian properties, verified by impartial human rights NGOs.
Custodial Deaths in Kashmir
Internationally acclaimed novelist Arundhati Roy criticizes the documentation of torture, disappearances, and custodial deaths in Kashmir, questioning India’s international reputation as a legitimate democracy in the face of such atrocities.
Former UN Special Rapporteur Dr. Juan E. Mendez urges a serious debate in India about the ‘Torture Report on Kashmir,’ emphasizing the need for authorities to address torture seriously and cooperate with UN human rights mechanisms.
Aljazeera reports India’s use of torture as an ‘instrument of control’ in quashing uprising in Kashmir, while Amnesty International urges urgent steps to protect the people of Kashmir, citing the Indian government’s historical failure in this regard.
The US Department of State’s 2022 Country Report on Human Rights Practices in India echoes concerns about police torture and arbitrary detention for confessions. It emphasizes the moral obligation of nations to address human rights violations worldwide, including in Kashmir.
Quoting Edmund Burke and Bishop Desmond Tutu, the narrative emphasizes the moral imperative for action against human rights violations. It critiques the international community’s passive stance on Kashmir, highlighting India’s contempt for international law and the Biden Administration’s perceived inaction. The call remains for President Biden to press Prime Minister Modi to resolve the Kashmir conflict for international peace and security.
