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2016–2017 Kashmir unrest

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2016 Kashmir unrest
Part of Kashmir conflict
Youths throwing stones at Indian Police
Date8 July 2016 – ongoing
Location
Kashmir Valley, Jammu and Kashmir, India
Caused by
Goals
  • Demilitarization of valley
  • Repeal of AFSPA and Public Safety Act
  • Independence/autonomy/self-determination for Kashmir
MethodsProtests
Mob violence
Stone-pelting
General strikes
Parties

Kashmiri protesters
Kashmiri separatists

Lead figures

Syed Ali Shah Geelani (Chairman of All Hurriyat Parties Conference)
Mirwaiz Umar Farooq
Yasin Malik (Chairman of JKLF), Asiya Andrabi of (Dukhtaran-e-Millat)

Casualties and losses
2 killed; 3,550 injured by 25 July[3]
48[4] – 54[5] civilians killed; 2,309 injured by 25 July[3]

The 2016 unrest in Kashmir, also known as the Burhan aftermath, refers to a series of violent protests in the Muslim-majority Kashmir Valley in the Indian state of Jammu and Kashmir. It started with the killing of Burhan Wani, who was a militant commander of the Kashmir-based Hizbul Mujahideen,[6][7] by Indian security forces on 8 July 2016.[8] After his killing, anti-India protests had started in all 10 districts of Kashmir valley. The protesters defied curfew with attacks on security forces and public properties.[9][10]

Curfew was imposed in all 10 districts of the valley on 15 July and mobile services were suspended by the government, leading to criticism from international human rights groups that this worsened the humanitarian situation in the valley. To control the riots the Jammu and Kashmir Police and Indian para-military forces used pellet guns, tear gas shells, rubber bullets and also live ammunition on the protesters, resulting in the death of one policeman and more than 50 protesters while over 1,300 were injured.[11][12][13][14]

Background

See also: Kashmir conflict

In late 2015 and early 2016, observers of Kashmir reported growth in home-grown militancy and radicalisation of the Kashmiri population. Several reasons for this trend have been cited such as the absence of a political dialogue, the lack of economic opportunities, frustration due to high unemployment, excessive militarisation of the public space and repeated human rights violations by the security forces.[1][15]

According to scholar-journalist Haris Zargar, the increasing radicalisation represented a counter-reaction to the shaping of the nationalist identity in India based on its rising middle class and Hindu nationalism. The rise of forceful Hindu nationalism affected how Kashmiri Muslims viewed the Indian state and reshaped their Kashmiri Muslim identity. The communal polarisation in India and the violence targeting Muslims are widely discussed in Kashmiri homes.[1][2][15]

In the 2014 Indian general election, the Bharatiya Janata Party (BJP), which subscribes to a Hindu nationalist ideology, won a majority in the Lower House of the Indian Parliament. Narendra Modi became the prime minister. In the state Legislative Assembly elections in the same year the Peoples Democratic Party (PDP) won a majority of the seats in the Kashmir region and the BJP won the majority of seats in the Jammu region. Even though both parties campaigned against each other, they joined together to form a coalition government, with Mufti Mohammad Sayeed becoming the chief minister. Following his death in 2016, his daughter Mehbooba Mufti took over as chief minister (first woman chief minister in region). The joining together of the two parties led to the perception of a shrinking political space. It is said to have formed the "final straw" in the people's disaffection.[15][16][17]

The militant wing commanded by Burhan Wani, part of the Hizbul Mujahideen, has been dubbed "new-age militancy". It has been designated as a terrorist organisation. It has recruited local youth, educated and middle-class, who are conversant with social media and not afraid to reveal their identities. They have achieved an immense popularity among the Kashmiri population. When Waseem Mall and Naseer Ahmad Pandit, two of Burhan's associates were killed by security forces, tens of thousands of local Kashmiris came to attend the funeral and the funeral rites had to be repeated six times to allow all the mourners to participate.[2] Some of the youths who recently became militants had campaigned for PDP during the general elections in 2014.[16]

Operation against Wani

On 8 July 2016, Burhan Wani was killed in a planned operation by the Jammu and Kashmir Police and the Rashtriya Rifles. Following a tip-off that Wani was planning to come down from the Tral forest for Eid celebrations, he and two associates were cornered in the Kokernag area. According to police officials, after an exchange of fire, the house in which the militants were holed up was bombed, killing all three militants.[18][19] However, eyewitnesses have stated that the three militants were shot down while trying to escape.[20]

According to a police official, there were misgivings within the security establishment against killing Wani owing to his popularity, but they were not heeded by the authorities. Wani left home to become a militant at age 15 after an incident with the police that humiliated him. The Kashmiri youth angered by the "never-ending militarisation" of the Valley were drawn to him and his constant presence on social media made him a household name.[19]

Journalist Fahad Shah stated that, with Wani's killing, the situation in Kashmir entered a period of "amplified instability". At Wani's funeral, an estimated 200,000 people came to mourn him, some of them from remote parts of the valley. Forty back-to-back funeral prayers were offered as well as a 21-gun salute by militants. Protesters had been demonstrating against his killing and continuous incidents of stone-pelting have been reported since the news of his death.[21][22]

Unrest

Police and stone throwing demonstrator clash on a street in Srinagar

After the news of Burhan's death spread, protests erupted in some areas of Kashmir Valley. Curfew-like restrictions were imposed in some places in South Kashmir during the night, and internet services in many areas were cut. Hurriyat chairman Syed Ali Shah Geelani and Jammu Kashmir Liberation Front chairman Yasin Malik called for a strike to protest against the killing of Wani. Geelani, along with other separatist leaders like Asiya Andrabi and Mirwaiz Umar Farooq, called for a three-day shutdown in Kashmir to protest against the killing.[9][23] Violent clashes broke out in response to the killing on 9 July in some areas. Over 20 police stations were attacked by mobs who also stole the weapons from the stations and fired upon the security forces. A BJP office in Kulgam was also vandalised. Stone pelting was reported from many parts of Kashmir.[10] Stone-pelting upon transit camps of Kashmiri Pandits was also reported. Train services and the pilgrimage to Amarnath Temple were suspended. All state board exams scheduled for 9 July were postponed. All vehicular traffic was suspended on the Srinagar Jammu National Highway in light of the situation.[24][25] By the end of the first day of protests, over 120 people were injured, including 96 security personnel, and 11 protestors were killed.[26]

The Amarnath pilgrimage was resumed on 11 July but suspended again on 13 July. It was resumed again on 16 July and suspended for a third time on 19 July, but resumed again on the next day.[27][28][29] Separatist leaders called on the people of Kashmir for extending the shutdown till 13 July.[30][31][32] About 200–300 Kashmiri Pandit employees fled the transit camps in Kashmir during night time on 12 July due to the constant attacks by protesters on the camps and held protests against the government demanding that all Kashmiri Pandit employees in Kashmir valley be evacuted immediately.[33][34] 800 personnel of the Central Reserve Police Force were sent on 12 July to Kashmir in addition to the 1,200 already sent to aid the state's police on 9 July.[35] The house where Burhan was killed was set ablaze by a mob on suspicion that its residents had tipped off the security forces about Burhan.[36] On 13 July, separatists again extended the shutdown call till 15 July.[37] Curfew was imposed in all distrcits of Kashmir on 15 July and mobile phone networks were suspended.[13]

On 15 July, the separatists extended the call for shutdown till July 18.[38] Re-opening of schools and colleges in Kashmir, which had been scheduled for 18 July, was postponed to 25 July due to the unrest.[39] A mob tried to storm an army camp in Bandipora district on 17 July. Four people were injured in the incident; one was seriously injured but was later reported to be stable.[40] The government announced on the same day that it was sending 2,000 additional CRPF personnel to Kashmir.[41] On 18 July, the shutdown was extended till 21 July and then till 25 July on 20 July.[42][43] Schools were ordered to be re-opened on 21 July in districts of Bandipora, Budgam, Ganderbal and Baramulla, although a vast majority of schools either remained shut or had a thin attendance amid the ongoing curfew.[44]

Hurriyat chairman Geelani on 16 July wrote a letter to several international bodies and Heads of States in several countries outlining six measures that the Indian government should take for return of normalcy in the valley. The measures included acceptance of Kashmir's disputed status along with right to self-determination, demilitarization of the valley, repealing of AFSPA and Public Safety Act, release of all political prisoners in Kashmir along with restoration of their right to political activity, allowance to all international human rights and humanitarian organistations for working in the state and ensuring free political space to all parties in the state.[45][46]

The law-and-order situation in the valley had started to improve by 24 July. In view of this, curfew was lifted from Ganderbal, Budgam, Bandipora, Barmulla districts and parts of Srinagar city, with Section 144 of Code of Criminal Procedure still remaining in force in the areas.[47][48] On 25 July, the shutdown was extended till 29 July with the separatist leaders giving a call to march to Anantnag district on the same day and to Kulgam district by 27 July.[49] People from many places in Kashmir answered the call to take part in the march, which was thwarted by the state police. Dozens of people were injured in the clashes as the police tried to stop the march.[50] The curfew was lifted from all areas of the region excluding Anantnag on July 26 in view of the improving situation while restriction on assembly of four or more persons was continued to be imposed. Many educational institutions remained shut in the region.[51] Protests erupted in many areas after the lifiting of the curfew. The curfew was reimposed in Kulgam district, Anantnag and some parts of Srinagar a day later in view of the march called by separatists.[52] It was later reimposed in Pulwama district and Shopian district as well.[53]

The shutdown was extended till 31 July on 28 July.[54] Violent clashes broke out in several places on 29 July with over 130 people reported to have been injured. A large protest was held in Barmulla after the Friday prayers and protests were also held in front of the office of United Nations Military Observer Group in Srinagar. During the day, separatists called for a march to the Jamia Masjid in Srinagar which was foiled while Geelani and Farooq were arrested to prevent their march. 70 incidents of stone-pelting were reported with protesters also attacking army camps. During the protests, a government building in Rafiabad along with an animal husbandry office in Shopian were set on fire and a grenade was lobbed in Shopian as well.[55][56] The curfew was limited to Anantnag, Pampore and Srinagar on 30 July with separitists extending the shutdown further till 5 August and calling for a march to Hazratbal Shrine on the day.[57][58] On the same day, the cavalcade of Naeem Akhtar, the Education Minister of the state who was travelling with MLC Yashir Reshi was pelted with stones by crowds at Dangerpora and Shilwat. The protesters were dispersed by the security forces after they fired teargass shells and pepper gas upon them.[59]

On 1 August in Srinagar, the residence of Naeem Akhtar, the Education Minister of the state was attacked with petrol bombs by protesters. Both Akhtar and his family were not present in the residence during the attack.[60] The cavalcade of Law and Rural Development Minister Abdul Haq was attacked with stones by protesters in Tangdhar area. Haq however managed to escape the attack unhurt.[61] The vehicle of the Additional Deputy Commissioner (ADC) of Ramban's vehicle was attacked with stones by a mob on the national highway near Lethpora. After the vehicle was vacted, it was set on fire by the mob. Two protesters were killed while another was injured when a Personal Security Officer of the ADC fired on the crowd in retaliation. The CRPF who have a camp near the area rescued the ADC and dispersed the crowd from the spot.[62]

Curfew was imposed in several places in view of the march called by separatists. Three people were killed and over 300 were injured during violent clashes that erupted after Friday prayers. Security forces prevented the separatists from marching to Hazratbal shrine and arrested Geelani and Farooq.[63]

Casualties

By 25 July, 50 – 56 people including 2 policemen have died during the unrest and over 5,800 people have been injured including 3,550 security personnel and 2,309 civilians.[3][4][5] According to local doctors, at least 117 civilians were likely to lose their eyesight as a result of injuries caused by buckshot blasts.[64] Among the civilians are children, young boys, women and also old men.[65] Three policemen went missing on 9 July and one was killed on 10 July during protests in Anantnag district when a mob pushed his vehicle into the Jhelum river. Another policeman died on 24 July. He succumbed to his injuries which were received on 15 July during an attack on a police station in Kulgam.[66][67] Two of the missing policemen were later traced by the state police and were found to have become incommunicado after mobile services were cut. Security forces were not able to find the third policeman, or a large cache of arms that went missing after a police station in south Kashmir was immolated.[68]

Use of pellet guns

Indian security forces trying to control the Kashmiri agitators have used pellet guns, which although billed as "non-lethal", lead to a high number of casualties including permanent eye injuries.[69][70] Seventy-seven people have been injured, with two killed and many losing their eyesight,[71] between 8–12 July 2016.[72] Due to the medical emergency in Kashmir, there was a shortage of eye specialists who could treat the injured lying in Kashmiri hospitals.[73] In Shri Maharaja Hari Singh (SMHS) Hospital of Srinagar, over 200 patients are admitted with the same problem.[74] A five-year-old, Zohra Zahoor, had pellet wounds in her legs, forehead and abdomen, and is one of the youngest victims from the region; she was admitted to a hospital in Srinagar.[75] Human Rights Watch strongly condemned the use of pellet guns on protesters and called it a failure of the authorities to respect basic human rights.[76]

A three-member team of eye-specialists from the All India Institute of Medical Sciences in New Delhi reached Kashmir to help the local doctors in treating the pellet gun injuries. After watching the condition of patients in the hospital, they described it as a "war-like situation". By 22 July, the SMHS Hospital has received at least 182 patients with eye injuries caused mostly due to pellets with more than 137 eye surgeries having taken place.[77][78] A team of three eye-specialists led by renowned ophthalmologist Sundaram Natarajan arrived in the region on 26 July to treat eye injuries caused by the pellets. Over 40 retinal surgeries were performed by them in 3 days.[79]

Human rights organizations like Amnesty International have also asked the Indian government for prohibition on the use of pellet guns during street demonstrations against stone-throwing protesters.[80][81][82]

In response to the high casualties caused by use of pellet guns, Rajnath Singh announced that a panel would be set up to look for alternatives to pellet guns.[83] During a visit to Kashmir, he asked the security forces to avoid using pellet guns as much as possible.[84] The Director-General of Central Reserve Police Force, K. Durga Prasad, in a statement issued on 25 July, regretted the injuries Kashmiri civilians received due to the use of the guns but said that they were the least lethal option available to control the protesting crowd and assured they will only be used in most extreme situations.[85] Lieutenant general D. S. Hooda, chief of the Northern Command of the Indian Army, supported his claim regarding pellet guns.[86] Prasad's comments were criticised by Congress leaders Ghulam Nabi Azad and Amarinder Singh, and by the leader of the state unit of the Communist Party of India (Marxist) Mohammed Yousuf Tarigami.[87][88][89]

The Jammu and Kashmir High Court on 23 July advised the government to discontinue the use of pellet guns.[90] On 26 July, the court demanded the Union Government to submit report on use of the guns by untrained personnel while disapproving of their use. It asked the government to only allow its use by trained personnel while also asking it to look into other means of crowd-control.[91] The High Court issued notices to both the state and Union government asking them to file a response to a petition seeking ban on the guns[92]

Events

News blackout

On 16 July, the Jammu and Kashmir government imposed a press emergency. The police raided the newspaper installations and seized copies of newspapers and printing plates. They said that, in view of the curfew, movement of newspaper staff and the distribution of newspapers would not be possible "for a few days". Landline and mobile telephone services were cut off, except for the lines of a government-owned company, BSNL. Internet services remained suspended. Cable television was also shut off, ostensibly to stop Pakistani channels from being broadcast.[93][94][95][96]

On 19 July, Chief Minister Mehbooba Mufti denied that there was a ban on newspapers,[97] and her advisor Amitabh Mattoo hinted that the decision might have been taken at the "local level". Mattoo also declared that newspapers would be able to print from 19 July.[98] However, the newspapers refused to publish on Tuesday, claiming there were uncertainties about the restrictions. One editor also asked the government to "own the ban" and issue a statement guaranteeing that the media would not be hampered.[99] The chief minister held a meeting with the Srinagar-based newspaper editors, expressing regret for the restrictions and assuring them that their work would not be hampered. Following this, the newspapers went to press on Wednesday, delivering them on Thursday.[100] The senior superintendent of police of Budgam district Fayaz Ahamad Lone was held responsible for raiding the press and transferred.[99]

Reactions

Domestic reactions

On 9 July, Home Minister Rajnath Singh appealed for people to maintain peace and calm in Kashmir.[101] Chief Minister of Jammu and Kashmir Mehbooba Mufti appealed for calm in the state on 12 July.[102] Prime Minister Narendra Modi expressed concern over the unrest in the state and appealed for calm while assuring help to the state government.[103]

The opposition Congress party chairperson Sonia Gandhi expressed deep anguish at the loss of innocent lives. She pointed out the considerable advances made over the last two decades and appealed to Kashmiris to let the political parties find durable ways of fulfilling people's aspirations.[104] Congress also dispatched a fact-finding team made of senior leaders Ambika Soni and Salman Khurshid, who criticised the government for discontinuing the development policies and for the excessive use of force in dealing with protesters. The party has demanded an all-party meet to discuss the Kashmir situation.[17]

South Asia director of Human Rights Watch, Meenakshi Ganguly, said that stone-pelting does not give the police a "free pass" to use force. She pointed out that the main grievance of the protestors is exactly the failure of the authorities to ensure human rights.[21] Women's activist and CPM party leader Kavita Krishnan termed the killing of Burhan Wani an "extrajudicial killing." She pointed out the Supreme Court decree that required every single encounter to be followed by a FIR and a magisterial enquiry.[105] Writer Arundhati Roy asked for an honest conversation about what kind of azadi (freedom) the Kashmiris are demanding.[106]

On 17 July, Minister of State for External Affairs Vijay Kumar Singh urged people of Kashmir to cooperate with the government and stated that they are being misguided by unwanted elements.[107] On 19 July, Home Minister Rajnath Singh blamed Pakistan for the violence in Kashmir. In a statement to the Rajya Sabha, he said, "Whatever is happening in Kashmir is Pakistan-sponsored. The name is ‘Pakistan’, but its acts are na-pak (impure)."[108]

An all-party meet involving all political parties of Kashmir was held on 21 July with the aim of building a consensus on measures to restore normalcy. The Jammu & Kashmir National Conference boycotted the meeting, blaming the government for the situation in the valley.[109] Panun Kashmir, an organisation for displaced Kashmiri Pandits said on 22 July that the union government should recognise the "fundamentalist upsurge" in Kashmir and asked it to take immediate steps to prevent it from becoming an "Islamist-controlled territory". It also demanded that the government publish a report detailing attacks on Kashmiri Hindus.[110]

A two-day visit by Singh beginning on 23 July was announced, in which Singh will visit Kashmir in order to try to calm down the situation and review the law and order situation.[111] After arrival he held a meeting with some local entrepreneurs, houseboat owners, Muslim clerics, members of the Sikh community, members of the Kashmiri Pandit community, and civilians. The meeting was boycotted by several trade bodies, with their officials saying that they boycotted the meeting due to killings of civilians and past meetings produced no results. Later in the day, he met Governor Narinder Nath Vohra and Chief Minister Mehbooba Mufti. On the second day he met leaders of various political parties and members of civil society, with the Congress party boycotting the meeting.[112]

Congress leader Sonia Gandhi on 28 July expressed anguish over the loss of lives and injuries in the region while appealing to the people of the valley to maintain calm.[113] The party later critisiced Mufti and for not knowing about Burhan's presence during the encounter and blamed the unrest in the state on her. It also criticised the Union government for continuing talks with Pakistan despite the unrest.[114] Supreme Court of India on 29 July sought a report from the Union Government over the situation in Kashmir while assuring that it will give all possible help to Kashmiri civilians.[115]

Pakistan

On 11 July, Pakistan Prime Minister Nawaz Sharif in a statement expressed "shock" over the killing of Burhan Wani and other civilians by the Indian security forces. He also said that it was “deplorable that excessive and unlawful force was used against the civilians”.[116] The Indian government responded by saying that the Pakistan government's view on Wani's killing reflected its association with terrorism and advised it to refrain from interfering in the internal affairs of India.[117]

Sharif declared Wani as a "martyr" on 15 July and said 19 July will be held as a "black day" to express solidarity with Kashmiri people. The Indian Ministry of External Affairs in response criticised Pakistan for "glorifying" terrorists belonging to proscribed terrorist organisations.[118][119] The observance of the "black day" was postponed by Pakistan's government to 20 July while 19 July was instead observed as "Kashmir's Accession Day" to Pakistan.[120]

A rally called "Kashmir Caravan" organised by Jamaat-ud-Dawa (JuD) and led by Hafiz Saeed was launched on 19 July at Lahore in support of the freedom demands of the Kashmiri people. Members of various religious organisations are expected to join the rally. The rally's objective during the first phase will be Pakistan's capital Islamabad. During the second phase it is scheduled to reach Muzaffarabad and Chakothi. In the third phase, the rally is planned to cross into Indian state of Jammu and Kashmir.[121]

The "black day" was observed by Pakistan's government on 20 July as scheduled. All government officials were directed to wear black arm bands and prayers for Kashmiris were scheduled during the afternoon. In addition, all diplomatic missions of Pakistan were scheduled to hold special ceremonies to highlight the issue and overseas Pakistanis would hold demonstrations outside offices of United Nations around the world. In a special message, Sharif said that India had no option but to accept "defeat" in front of the "freedom wave" in Kashmir.[122]

Sharif declared that Pakistan will approach the United Nations Human Rights Council on behalf of itself and Organisation of Islamic Cooperation to request it to send a fact-finding team over the killings of civilians in Kashmir and banning the use of pellet guns on them.[123] Pakistan's Ambassador to the United Nations Maleeha Lodhi met with UN officials on 19 July in which she briefed them on the situation in Kashmir and forwarded letters by Adviser to the Prime Minister on Foreign Affairs Sartaj Aziz who raised the issue of civilians being killed during the unrest and said that fundamental human rights of Kashmiris were being violated.[124]

A JuD official reported on 25 July that a 30-member medical team of its "Muslim Medical Mission" will apply for visas to India in order to treat the injured Kashmiri civilians and will seek help of Pakistan's government in getting the visas. The mission's president also threatened to hold demonstrations if the Indian government denied visas to it.[125] The Indian Embassy in Islamabad did not allow the team to enter its premises when they went there to apply for visa on 26 July. However, the team was able to apply for visa through the internet and courier.[126] A caravn of the JuD bringing relief material for the Kashmiris was stopped on 2 August by Pakistani security forces at Chakothi. The organisation declared that they would not leave unless India accepted the relief material.[127]

On 1 August, the Parliament of Pakistan unanimously passed a resolution criticising the alleged human rights violations in Kashmir by Indian security forces during the unrest and demanded the UNHRC to send a team to the region to investigate it.[128] On 3 August, ahead of the SAARC Interior Ministers' Conference, Prime Minister Nawaz Sharif called the situation "a new wave of freedom movement," and said, "The Kashmiri youth are writing new chapters of sacrifices to get the right to self determination."[129]

United Nations

United Nations chief Ban Ki-moon conveyed his concern over the Kashmir tense situation as reported by his spokesperson Stephane Dujarric[130][131] and called for maximum restraint. He also offered mediation between India and Pakistan for solving the Kashmir dispute.[132]

United States

US State department spokesperson John Kirby while briefing the media in Washington on 12 July said that the United States was concerned about the violence in Jammu & Kashmir during which 30 people have been killed by Indian forces.[133][134]

Elizabeth Trudeau, Director, United States Press Office in the Department, who briefed the media on Thursday 14 July 2016, said that the US is concerned about the violence and deaths of civilians in Kashmir and stated that the US government was in touch with the Government of India as well as the Government of Pakistan.[135]

Kirby again addressed the situation in the valley during late July expressing his government's concern about the violence in Kashmir and called on all sides to find a peaceful solution while stating that the American government was in close touch with the Indian government over the issue[136]

European Union

In a statement issued by its spokesperson Michael Mann on 28 July, the European Union expressed its condolences to the civilians killed and injured during the unrest while urging the restoration of calm and maintenance of law and order in the state. He also urged India and Pakistan to involve people of Kashmir in the dialogue process over the state.[137]

Organization of Islamic Cooperation

Organization of Islamic Cooperation (OIC) expressed serious concern over alleged human rights violations in the Jammu & Kashmir by the Indian military and para-military forces, which have resulted in the killing of more than 30 Kashmiris.[138][139]

China

The spokesman of China's Foreign Ministry, Lu Kang, in a statement to the press, expressed the government's concern over the casualties due to the unrest and called for a proper settlement of the Kashmiri issue through peaceful means.[140]

Turkey

Turkey's Foreign Minister Mevlüt Çavuşoğlu in a joint press conference with Pakistani Prime Minister's foreign advisor Sartaj Aziz on 2 August said that his country backed Pakistan's position of sending a team from the Organisation of Islamic Cooperation in order to probe the alleged human rights violations in Kashmir. He also said that his country hoped the Kashmir issue will be resolved through dialogue.[141]

See also

References

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