NEW DELHI: The Indian National Human Rights Commission (NHRC) says the restoration of peace and political process in Jammu and Kashmir can help nourish human rights, failing this the basic reasons which affect such rights will persist, afflicting and endangering human rights, the NHRC observes in its report on the human rights situation in the state. ‘The report based on the commission’s visit to the state last June, was retreated May 13 in the final analysis, the most critical factor that would govern the human rights situation in Jammu and Kashmir is whether a sagacious and truly democratic process would be allowed shape future developments in the state or whether terrorism and violence would be allowed to abort it says the report.
The NHRC also suggests greater transparency in the affairs of the state, adding both Indian and foreign non-governmental organizations as well as individuals concerned be permitted to visit the Valley. Though Amnesty International has not been named it refers to this London based human rights organization which has continuously been denied permission to visit the state.
Commission officials say the report has been prepared prior to the recent developments in the Valley. It is based on the commission’s visit to the valet last June and the information it received subsequently.
Besides interacting with state government officials, political leaders, nongovernmental organizations and citizens, the commission also visited a detention center at Hari Nivas and an interrogation center, commonly referred to as Para 2.
There port notes that detainees whose release was ordered by courts continued to behold while instructions were sought from the administration which could possibly result in further detention under fresh charges.
The commission sees no justification for such delays in releasing the detainees, making it clear that release orders be honored promptly. It says according to the information provided by the slate government early this year, 3,007 persons are detained in the state under TADA and the Public Safety Act.
The commission suggests notifying ‘of detention centers as jails to that medical, health, recreational and work facilities can be improved and regulated as specified in the regulations governing the management of jails. ‘There were allegations of theft and robbery by the security forces and torture and non-release of detainees even the release orders had been issued. The report says, it also received grave complaints of violence, often selectively directed, by armed militants operating in the Valley.
Taking note of the grave dangers and provocations the forces have to endure, the commission feels maximum care should be taken to avoid human rights violations.
The commission has received details of 245 cases registered against personnel of the border Security Force (BSF) and 39 Army personnel who have been punished for excesses in Jammu and Kashmir during 199094
The report says it has been emphasizing that the training imparted to ‘Army personnel be oriented to sensitize them to human rights issues. Besides, efforts should be made to improve the service conditions of securely forces by ensuring they are not subjected to undue stress.
Article extracted from this publication >> May 19, 1995
