COUNTRY SITUATION:
Kashmir
by
Atty. Parvez Imroz
Monument of the
Disappeared
Raising
monuments is alien to Kashmiri culture and tradition. The federal
establishment only puts up monuments and memorials in different places
around the state that are related to war victories. Recently, the
Governor of
Jammu and Kashmir
(J&K) announced plans to build a monument in memory of the soldiers who
were killed during the present conflict. So far, the civil society has
not taken any initiative pushing for the construction of a memorial for
1,300 people who were killed by the Indian army in 1953. Those were the
people who lost their lives when the federal government dislodged the
nationalist government and a puppet government was installed. Not even a
plaque was given to remember the names of these persons killed in
different massacres such as Maisuma Gowkadal, and Bijbehara in the
nineties.
The Association of
Parents of Disappeared Persons (APDP) move to install a monument in
order to set a precedent for others.
On
21 April 2005, the
APDP again laid the foundation stone for the monument, built in memory
of the victims of enforced disappearance perpetrated by the state
agencies in Jammu & Kashmir since 1990. It was the year when the
conflict against Indian rule began and was openly supported by Kashmiris.
This was the second
attempt of the APDP to lay the foundation stone for the monument. The
first was in July 2001 at Martyrs’ graveyard Eidgaah,
Srinagar. The Police
demolished it the following night. The authorities argued that the
foundation stone occupied government property land. Yet, the truth was
that the Muslim Endowment Trust that owns the land had already publicly
approved the construction of the memorial in their property. In
addition, the police even filed a criminal case against the office
bearers of the APDP and confiscated the plaque prepared.
Thereafter, the APDP
renewed its efforts to buy its own land through the donations of the
general public. A lot was soon purchased by a highway in the outskirts
of Srinagar
City.
Hence, the foundation stone was finally re-laid a day after the
anniversary date of the Kashmir solidarity day and first death
anniversary of human rights activist Aasia Jeelani. The groundbreaking
of the foundation stone was a part of the solidarity day functions. Like
the first time in Martyrs graveyard, the same four children who laid
the foundation stone for the monument were present. These children were
born after their fathers disappeared in the custody of the state
agencies. However, there was a marked difference in the behavior of
these children. In 2001 the children were visibly perturbed during the
stone laying ceremony. They were still quite small then, and did not
completely understand the situation. But this time, they acted more
maturely and now seemed to fully understand why the stone was being
laid.
Apart from the
relatives of the desaparecidos, the civil society activists from
India some
European activists and members of the public, spoke at the venue
expressing their feelings. Mothers cried as they remembered their lost
sons. They could not control their emotions. Like Parveena Ahangar
–Chairperson of APDP, there are still hundreds of families awaiting for
the return of their kin. But there seems to be no end to this wait.
“Nothing can
compensate for our grief, our agony and mental torture. But the memorial
will be a kind of solace for us,” said the mothers.
Speaking on the
occasion, Gautam Navlakha, a well-known Delhi-based rights activist,
said, “Its great to be here when Kashmiris are making history to
remember their heroes. This memorial is part of our series of activities
to expose crimes being committed against the people of
Kashmir by the
Indian state.”
The monument would
be like Minar-e-
Pakistan and India
gate for us,” veteran trade union leader Sampat Prakash said. “It is a
tribute to those who should never be forgotten.”
Many half-widows and
mothers struggling to know the fate of their dear ones narrated their
tale. These stories had deeply moved the guests.
“Where shall I find
you? You were my son, my life. You were everything for me! Cried Mugli
Begum, a 70-year-old divorcee from
Srinagar’s
Habba Kadal area. Her only son Nazir Ahmad Teli (50, if alive),
disappeared after he was allegedly taken by troops in 1990.
The association has
initiated a committee for fund-raising activities for the monument. In
addition, Ms. Neera an activist from Mumbai and an architect by
profession, volunteered to design a model for the monument.
The foundation
ceremony went smoothly. But, after a few days, RR soldiers posted in the
locality harassed the people living near the monument. The soldiers
inquired about the owner of the land who had sold the plot to the
association. They also asked for the names to whom the plot was
transferred. The villagers, who were visibly shaken by the incident,
visited the office of the APDP to inform the staff about of the
situation and seek help.
On 28 March, the
APDP office held a meeting with Neera to further discuss the safe plan
of the monument. Threatened by this, more army men stormed the hotel
room where Neera was staying with her husband. They asked her husband
to come outside with them for questioning. This was presumed to be the
government’s move to prevent APDP from going ahead with its plans.
But the actual
threat was executed on 30 April when in the wee hours of the night, an
unidentified gunman tried to enter forcibly into my house under the
pretext of discussing a legal matter. Fortunately, the gunman failed in
his attempt as I had directed my wife not to open the door. As is often
the case in
Kashmir, renegades (government gunmen) are used to carry out orders of
eminent lawyers and activists. Last year, these renegades killed eminent
lawyers of political activist Hussam Din Banday using the same tactic.
Following this
incident, some well-wishers had advised APDP not to continue against
raising the monument plan . They argued that such monuments could just
be built when the conflict is over. But for now, it would be suicidal to
raise the monument in the presence of seven lakh-strong Indian troops in
the state.
India, claimed to be the largest democracy in the world, would not like
the idea of being labeled as perpetrators of human rights violations.
Nevertheless, the association went ahead with it, bearing in mind the
sentiments of the relatives of the disappeared persons, in particular,
and people of the state, in general.
In the case of the
disappeared persons, the state’s policy is to exhaust the relatives, who
continue to campaign since 1994 under the banner of APDP. As a result,
most of the relatives have become frustrated and have given up to the
tyrannical authorities. The raising of the monument is a strategy to
make disappearances part of history and not to allow such crimes to fall
into oblivion. The association has vowed to build the monument, come
what may, and are mobilizing support for the cause from civil society
groups across the globe. They believe that such support can at least
guarantee some security to the APDP and the activists supporting the
organization.
Notwithstanding the
claims of the government that the enforced disappearances have stopped
after the APDP, Congress coalition government in the state took over 151
new cases of enforced disappearances that have been recorded. So far,
this move contradicted the coalition establishment’s slogans: “Healing
Touch Philosophy” and Peace with Dignity.”
The perpetrators
have not been brought to justice. The establishment has shown scant
regard to the demands of the relatives of the disappeared to form a
commission under the commission of inquiries act.
Relying on the
support of international groups, the monument would be a reality - a
part of the Asian campaign against enforced disappearances.
This slogan is
inscribed on the foundation stone. It rightly describes the sentiments
of the relatives of victims who are undergoing a continuous ordeal as it
states: “We shall never allow the past to be forgotten and we shall
never allow it to happen again to future generations. The justice we
seek lies not in forgetting the past but in remembering those who should
never be forgotten.”
Atty. Parvez Imroz
is a human rights lawyer and a member of the Bar in the state of Jammu
and Kashmir (J&K), India. He also handles cases of involuntary
disappearances. Atty. Imroz is the patron of the Association of Parents
of Disappeared Persons in Jammu and Kashmir, India and is the president
of the JK Coalition of Civil Society.
