Human Rights in India: Kashmir Under Siege

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Human Rights Watch, 1991 - Atrocities - 161 pages
"Since the partition of India in 1947, Kashmir, with a predominantly Muslim population, has been the site of militant unrest and a cause for war with Pakistan. Despite numerous UN proclamations calling for a plebiscite, the Kashmiri people have never been given a direct opportunity to voice their preference on the question of accession, and many within the state claim the central government of India has retreated from its original support for autonomy and democracy. The only up-to-date human rights reporting available on this conflicted region, Human Rights in India examines the past year of civil war and abuses committed by both sides. Government security forces have massacred large numbers of unarmed civilians, conducted warrantless house-to-house searches, seized youths, beat protestors, and destroyed whole neighborhoods. The militants have flagrantly violated international rules of war by summarily executing numerous civil servants and suspected government informers, throwing explosive devices at buses and government buildings, sowing terror through death threats and assassinating members of the minority Hindu community and Muslims thought to be insufficiently supportive of the insurgency"--Publisher's web site.
 

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Page 23 - Persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention, or any other cause...
Page 113 - ... in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.
Page 110 - Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment...
Page 109 - Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release.
Page 9 - In consistence with their policy that in the case of any State where the issue of accession has been the subject of dispute, the question of accession should be decided in accordance with the wishes of the people of the State, it is my Government's wish that, as soon as law and order have been restored in Kashmir and its soil cleared of the invader, the question of the State's accession should be settled by a reference to the people.
Page 111 - Section 3, commits a like offence afterwards, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years.
Page 23 - ... violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture; (b) taking of hostages; (c) outrages upon personal dignity, in particular, humiliating and degrading treatment; (d) the passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all the judicial guarantees which are recognized as indispensable by civilized peoples.
Page 23 - ... shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria. To this end the following acts are and shall remain prohibited at any time and in any place whatsoever...
Page 113 - In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society...
Page 93 - ... an effective contribution to military action and whose total or partial destruction, capture or neutralization, in the circumstances ruling at the time, offers a definite military advantage.

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