[Reader-list] India-Jammu & Kashmir - Conflict - Human Rights Violations of Women & Children

[Nisha .]

India: Children unprotected in Jammu and Kashmir

http://www.amnestyusa.org/children/document.do?id=80256DD400782B848025704A005C5AA5

Children's Rights

AMNESTY INTERNATIONAL

Public Statement

AI Index: ASA 20/027/2005 (Public)
News Service No: 201
26 July 2005

India: Children unprotected in Jammu and Kashmir

The unlawful killing of three teenaged boys and the serious injuries
to a fourth boy during last weekend in a village in Jammu and Kashmir
throws into sharp focus the lack of protection for children's right to
life and safety in the state. Children are at risk of human rights
violations from both state agents and abuses from armed groups.

Amnesty International urges both the state government and armed groups
to respect the rights of children. The government of Jammu and Kashmir
is under an international obligation to promote and protect child
rights in line with India's ratification of the United Nations
Convention on the Rights of the Child. Armed groups are under an
obligation to abide by the standards of humanitarian law which
strictly forbid the torture, killing and hostage taking of all
civilians, including children.

An army spokesperson stated that the four juveniles, all between 11
and 15 years of age, were shot on 24 July 2005 in Bangargund village
in Kupwara district when troops of the 6th battalion of the Rashtriya
Rifles opened fire on the four teenagers, whom they mistook for armed
fighters. The boys had started to run away when an army patrol called
on them to stop in an area close to the Line of Control, which is the
de facto border with Pakistan. Villagers claimed that the juveniles
were part of a marriage party and had gone for a stroll in the village
in the early hours of Sunday when soldiers opened fire before the boys
could reply to their commands. According to reports, there was no
curfew in the area. Local villagers claim that the village elders had
informed the army of the marriage party and that people were likely to
move about late at night.

An army spokesperson termed the incident "unfortunate" and announced
that the army would fully cooperate with a magisterial inquiry set up
by State Chief Minister Mufti Mohammad Sayeed. The army also ordered
an internal inquiry. Police have registered a case against the army.

On dozens of occasions, armed groups have perpetrated indiscriminate
attacks which have affected children. They have exploded bombs close
to schools resulting in the deaths of several children and causing
parents to fear for the safety of their wards.
On 12 May 2005, armed fighters threw a grenade just as schoolchildren
were leaving a Christian missionary school in Srinagar, killing two
women who had come to pick up their children and injuring some 50
people, including 20 pupils. No group has claimed responsibility for
the attack.
On 13 June 2005, a truck bomb explosion near a school in Pulwama
killed 15 people and injured almost 100 others. The car blew up as
pupils revised for an exam in the sunshine on the school grounds. Two
students were among the dead and 10 were injured.
Yet another bomb blast outside a school occurred on 20 July 2005 in
Srinagar when a suicide bomber apparently drove his car into an army
jeep killing four soldiers and wounding 17 civilians. The Hizbul
Mujahideen later claimed responsibility for the bomb blast.
In December 2004, a school bus was set on fire to prevent
schoolchildren from attending army schools in Anantnag district.
Children are also often amongst the victims during indiscriminate
attacks on civilians. On 22 June 2005, two children were amongst 17
people injured when a grenade was thrown into a crowd of pedestrians
in Gorivan Bijbehara.

Children are also at risk from discarded explosive materials. On 24
July 2005, three children aged six to nine years in village Ajir in
Bandipore district were injured when they played with an explosive
device left behind after troops ended an operation.

Children are deeply affected by witnessing abuses inflicted on their
elders, on fathers, mothers and sisters humiliated, harassed, injured
or killed by law enforcement personnel or armed groups. A large number
of children have also had to take on the burdens of child labour after
the "disappearance" of the main bread earners of their families. While
the state government in June 2003 cited the figure of 3,184
"disappeared" persons in the Legislative Assembly, local human rights
activists state that between 8,000 and 10,000 persons have
"disappeared" in the state. Psychologists have spoken of the high
level of disturbance, including sleep disturbance and fears amongst
children in Jammu and Kashmir.

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Jammu, February 2, 2004:   Police arrested a constable and a Special
Police Officer, posted at Reasi police station, for raping a mentally
deranged girl in the official quarter of another police constable at
Reasi.



Reports said both the accused, who were on night duty in Reasi town,
took a mentally deranged girl who keeps on moving from one place to
another, to the official quarter of another police constable of Reasi
Police Station, who was on duty in the police station. Since the
quarter was locked, the duo broke open its locks and raped the girl
inside. Later, they reportedly made the girl to board a bus. Report of
the rape came to notice of the police with the help of some local
people this morning.



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Srinagar, March 9, 2004:   A teenage girl of Nadikhai, who was
allegedly abducted and raped by a government gunmen (known as Ikhwani)
and had set herself on fire a day after her abduction succumbed to her
wounds at SMHS hospital. Her death sparked violent protests in front
of Divisional Commissioner's office.



The protesters carried the body of the deceased girl to Divisional
Commissioner's office and demanded the arrest and persecution of the
accused government gunmen. However, police resorted to baton charge
and use a teargas to disperse the protesters. Police took the body of
the girl in their custody and didn't allow the protesters to meet
Divisional Commissioner and voice their demands.



A number of protesters were detained by police. They were chanting
slogans " the law of jungle was prevalent in the Valley".

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Handwara, November 8, 2004:   The alleged rape of a Mother-Daughter
duo in Badra, some 14 Kilometers from Handwara town has left this
village shell-shocked and whole village mourns the incident. Aisha 29,
mother of six and wife of Abdul Rashid Dar and her daughter Shabnum 11
were allegedly raped by an Army Major.



The family members said that while the Major was playing with the
honour of mother-daughter duo, the troops tortured Altaf, a 5th class
student, son of Abdul Rashid Dar in a nearby house.



Too minor to bear the shock, ill-fated Shabnum is lying in a room
where locals are busy consoling her. Hardly able to speak, her face
and turned pale and her body crumbled under the blanket. In broken
voice she told Kashmir Images that she was raped by the Major.



Aisha musters courage in a jam packed room to speak to Kashmir images;
" Army personnel forced their entry into our house in the dead of
night and Major dragged me into a separate room and raped me." Wailing
besides her daughter, she adds : "he even raped my minor daughter."



As the news of rape broke out, thousands of people chanting
pro-freedom and anti –army slogans took to Handwara –Baramulla
National Highway and blocked it for hours. They were demanding stern
action against the major and his party. Agitated protesters blocked
traffic for quite some time.

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Srinagar, May 16, 2005:            An alleged rape and subsequent
cold-blooded murder of 21 year old student has shocked the Kashmir
valley. Shazia, a college student, had gone missing on April 25
evening after she left her home for shopping. Her parents had lodged a
complaint in the police station Khanyar, the next day. However, on May
8, her body was fished-out from river Jehlum at Sumbal in Baramulla
district. Giving the details of gruesome murder, the father of
deceased, Abdul Aziz Kawa told that on May 9 he read in a newspaper
that an unidentified body of agirl was fished out from river Jehlum.
He went to Sumbal where he learnt that the deceased had been buried.
He came to know that the girl was his daughter Shazia after police
showed her clothes and earrings to him. The body was exhumed and
brought for last rites.



Abdul Aziz Kawa alleged that her body bore torture marks and she had
been gang-raped before killed. Her body was later dumped into the
river in order to hide the proofs.

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On July 13, 2005, at about 11:30 pm, a soldier belonging to 49
Rashtriya Rifles identified as Baljinder Singh pretending to be a
Mujahid barged into the house of Mohammad Akbar Dar at Dooru's,
Anantnag. He demanded shelter and food at gunpoint and later tried to
molest Dar's daughter Zahida Akhtar, a 12th class student. On
resistance Baljinder stabbed her in back. She was seriously injured
and fell down.



Seeing this, other inmates tried to pounce upon the erring army man
but he did not stop and in fact fired upon the girl with his gun. This
led to the instantaneous death of Zahida. The news agency reported
that at the same time, a patrolling party of 143 Battalion CRPF was
discharging night duty and they asked the army jawan to stop, but he
did not listen to them. The CRPF personnel started indiscriminate
firing. As a result, Baljinder died on the spot. His body was lying
for the whole night in a field.