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Lawlessness in Police Custody- Custodial Killings in Kashmir

Lawlessness in Police Custody- Police custodial killings in Kashmir have become a lived nightmare for Kashmiris.

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Family of 21-year-old Muslim staging a demonstration outside their residence in Srinagar

An alleged custodial killing in Kashmir yet again. It stirred unrest in the Kashmir valley after 21-year-old Muslim Muneer Lone died in police custody earlier this month. Kashmir’s Srinagar witnessed an appalling demonstration on 10th July by an aggrieved family along with the dead body of a young boy. Muslim was the sole bread earner of his family.

The Jammu and Kashmir police arrested him on 9th July for his alleged involvement in a case of theft. While being in police custody he died the very next day. Muslim’s father Muneer Ahmad Lone was an employee in the Army’s Srinagar Cantonment. His passing away a few years ago plunged his family of a wife and two sons into abject poverty. Muslim had recently purchased a load carrier vehicle, which he used to support his family and earn some money. Muslim’s death has left his mother and an unemployed brother shattered.

The family alleges that Muslim died in police custody due to unknown circumstances. The police, on the other hand, have denied any responsibility for his death. Instead, the police accuse Muslim of being a drug addict and claim that he died due to drug overdose. “During questioning his health condition got worse as he had taken heavy drugs and was not responding well. After that, he was handed over to his family members. They took him to hospital where he had died,” Senior Superintendent (SSP) Rakesh Balwal told Rising Kashmir.

Also, read Police Attach Properties in Kashmir for Harbouring Militants

Died due to Torture in Police Custody, Family Alleges

Muslim’s family has denied the allegations of the police and claim that he died of torture in police custody. “They are trying to cover up the crime. Has the police ever caught him with drugs? There is no police case against him anywhere in Kashmir. They are justifying his death by saying that he was a drug addict. We demand an impartial probe”, alleged Zeeshan, Muslim’s cousin.

Muslim’s fifty-three-year-old mother Shafiqa recalls the occurrences one after the other. Post the arrest of her son, she recalled the insensitive and inhumane behavior of the police officials. “A policeman (name withheld) told me that Muslim was being probed in a case of theft and that they will set him free soon. Had I known that he was going to get killed, I would have never let them enter the house,” said Shafiqa, weeping inconsolably.

Shafiqa reported that the same police crew returned in the afternoon. She claimed that they arrived in a private vehicle with only male police officers present in it. After which they informed her that Muslim had lost consciousness and that she needed to report to the police station. Narrating the horror she said the car came to a complete stop around 15 minutes into the trip. “The policeman instructed me to switch to another vehicle that was parked on the side of the road, where after entering I saw Muslim lying unconscious on the middle seat”, she said.  While opening the knot of her scarf she shows Rs 400 which she said the police had given her. After making her sign some paperwork the police took them to their residence instead of rushing them to the hospital. 

The police authorities are unclear on why they didn’t take a detainee who lost consciousness straight to the hospital. After rushing her son to the hospital, the doctors declared him brought dead.

Read here India Bans Falah-e-Aam Trust (FAT) schools in Kashmir

The Cycle of Custodial Killings in Kashmiris

On March 17, 2019, Indian security personnel took a young school principal from his home in south Kashmir’s Awantipora area. People in the Valley learned of his passing three days after his arrest. The 29-year-old school teacher Rizwan “died in police custody,” according to a statement released by the state police. They took Rizwan to the dreadful ‘Cargo’. Cargo is an infamous detention center in Srinagar that bears testimony to Kashmir’s brutal past of torture and custodial killings.

Rizwan’s body came in a temporary tent for the funeral service on March 19. Mubashir, Rizwan’s brother said that it was impossible to not notice the injury marks on his brother’s dead body. 

“It was as if a saw was used on him during torture. Pieces of flesh were plucked from his body as if by tongs. I have never seen such brutality in my life. His legs had turned blue due to brutal lashing,” Mubashir told The Quint.

Also, read India Gags-up Media in Kashmir

During a raid in September 2020, the Jammu and Kashmir Police ‘unjustly’ detained 23-year-old Irfan, a resident of Sopore. He also died while in police custody. Irfan’s family claimed that his body had severe injury marks and they suspected foul play by the police. “We don’t expect justice” Irfan’s family said.  

Targetted Custodial Killings of Kashmiris

There have been several incidents of custodial killings of Kashmiris that have taken place outside the valley. Police have targeted Kashmiri students, small shopkeepers, and businessmen and taken them into police custody in different states of India. One such Kashmiri student was Mudasir Kamran, who died in 2013 under mysterious circumstances immediately after being in police custody.

Read here Gendered Violence in Indian Administered Kashmir

Torture as the Defacto Cause of Custodial Killings

According to the Indian National Human Rights Commission (NHRC), there were 14,236 deaths in detention between 2001 and 2010 (1,504 in police custody and 12,732 in judicial custody), or 4.3 deaths on average each day. The majority of fatalities are a direct result of torture during detention. The National Human Rights Commission lacks authority over the armed forces (section 19 of the Human Rights Protection Act (NHRC, 2011)). Therefore, there are not many registered cases of deaths in custody by law enforcement and correctional facilities. These deaths either result from government incompetence about food hygiene standards and denial of medical care, or from illegal, protracted incarceration and torture.

Since the turmoil began with the insurgency in the Kashmir Valley in the 1990s, the Indian government has consistently employed armed force and police to try to get the local populace to submit. It has become a common practice of the police and army officials to detain common Kashmiris in order to identify suspected militants. Since police use suspicion as the reason for an arrest rather than solid proof, they have been abusing their authority and custodial killings have become a lived nightmare for the Kashmiris.

Also, read The Rise of Hybrid Militants in Kashmir

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Human Rights

The War No One Sees: What Will it Take to End Gaza’s Humanitarian Crisis

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Gaza’s Humanitarian Crisis

The war no one sees is casting an unrelenting shadow over Gaza, and the suffering of its people is intensifying by the hour.

With Israel ramping up its military operations, Gaza has tragically become the epicenter of what many are calling an unprecedented humanitarian disaster, a “genocide in plain sight.” Calls for a ceasefire have gone unheard as the conflict escalates, spilling over into Lebanon and deepening the crisis.

As the death toll surpasses 41,000, and with each passing day bringing new waves of destruction, Gaza’s civilians are trapped in a relentless cycle of terror and uncertainty.

Families huddle together in homes reduced to rubble, parents are grieving for children they couldn’t protect, and hospitals, overflowing and under-resourced, struggle to care for the wounded. Life in Gaza has devolved into a harrowing fight for survival, where each day brings new heartache, and the hope of relief seems further and further out of reach.

What will it take to end Gaza’s humanitarian crisis? In a world that’s watching but not yet acting decisively, is there a way to bring peace and stability to the people of Gaza?

Ending this crisis will take more than calls for ceasefires or temporary measures; it will require a global commitment to uphold humanity, demand justice, and work toward lasting peace.

What is Currently Happening in Gaza?

Gaza is in utter despair. The war has taken a devastating new turn, with Israel intensifying its bombings, leaving the region in relentless chaos and destruction.

After the targeted killings of Hamas’s supreme commander and Iran’s supreme leader, Iran retaliated against Israel with drones and missiles. In response, Israel launched air strikes on Gaza, Lebanon, and Iran, sparking even greater devastation. What little remained standing in Gaza is now on the brink of collapse.

Schools that once served as fragile shelters for families are now reduced to ashes, with no refuge left for those desperately seeking safety. The northern region of Gaza is being evacuated under gunpoint, while Palestinian teens are being forced to strip and walk in humiliating lines, with no dignity spared.

Humanitarian aid—previously trickling in through borders from other countries and the UN—has been largely cut off. Attacks on hospitals, schools, and aid tents continue without warning, intensifying daily to an unimaginable level, as if Gaza itself is being systematically erased.

The fear, grief, and despair of Gaza’s people are overwhelming as they witness their world disappearing, wondering if anyone will stand up to end their suffering.

Enduring the Unthinkable: The Human Toll of Gaza’s Crisis

What is unfolding in Gaza goes beyond the realm of conflict; it is devastation on an unimaginable scale. According to official sources, thousands are under relentless bombardment, with civilians struggling to survive amidst rapidly deteriorating conditions. 

Reports from the UN Human Rights Office and other humanitarian bodies reveal scenes of people huddling in makeshift shelters, often constructed from whatever they can find, such as plastic bags and wooden scraps. 

Families are forced to endure shortages of food, clean water, and medical supplies while constantly moving to escape the latest round of airstrikes. For many, life now means seeking refuge in overcrowded shelters or ruined schools, only to see these places targeted again in continued attacks.

One heart-wrenching account comes from an official at the UN, who described watching over a hundred children chase after a lone food cart—a tragic reminder of how scarce resources have become for Gaza’s 2 million residents, half of whom are children. 

The scarcity of aid is felt even more as supplies that manage to cross borders are limited by the dangerous conditions. Meanwhile, hospitals struggle to function with dwindling medical supplies, unable to treat the increasing number of casualties, and some have faced attacks themselves, leaving thousands without essential care.

Even the basics of humanitarian aid are now nearly impossible to deliver effectively, hindered by severe restrictions on movement and escalations in violence. Representatives from the UN have voiced that an immediate ceasefire and an “enabling environment” for aid are the only ways to provide an effective humanitarian response in Gaza. 

Without political commitment, the efforts of humanitarian workers on the ground cannot meet the overwhelming needs of Gaza’s population. The international community has called repeatedly for a lasting resolution, emphasizing the severe risks of disease outbreaks due to unsafe sanitary conditions and lack of vaccinations—conditions that many officials warn could lead to even more tragic losses if urgent action is not taken.

What Will It Take To End the Gaza Humanitarian Crisis?

Ceasefire!

Humanitarian organizations and leaders around the world are unanimous: Gaza needs an immediate ceasefire to protect civilians and enable lifesaving aid. Without one, the consequences may spiral further into catastrophe.

As Dr. Tedros urges, protecting hospitals, health workers, and patients is the most fundamental step in averting a deepening humanitarian crisis.

Ending this crisis requires international voices to unite for Gaza. Leading powers, including the U.S., European nations, Russia, and others, must unite to amplify calls for a ceasefire and humanitarian protection. Only with coordinated global pressure can diplomatic efforts potentially lead to sustainable peace and end suffering.

A ceasefire alone is not enough; there must be accessible and safe channels for humanitarian aid currently restricted at border crossings.

This blockade prevents access to essential items like food, water, and medical supplies, violating the fundamental rights and dignity of those in Gaza.

World leaders must come to the table, with ceasefire negotiations as a non-negotiable first step. If left unchecked, the scale of this crisis could destabilize the region and escalate into larger global conflicts. Immediate, concerted action is critical—not just to prevent further suffering but also to work toward a stable, humane future for Gaza and the region.

Ending the suffering requires not just diplomatic words but concrete actions from all parties involved, focusing on peace, protection of human rights, and preservation of life.

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Human Rights

India: Rise in Police Encounters in UP Under Yogi Adityanath’s Leadership

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Since Yogi Adityanath assumed office as the Chief Minister of Uttar Pradesh in 2017, the state has witnessed a significant rise in the number of police encounters, sparking intense debate and concerns over human rights violations and extrajudicial killings. While the government argues that these encounters are a necessary tool to combat crime, critics and human rights organizations contend that they raise serious questions about due process, transparency, and the rule of law.

Under the leadership of Chief Minister Adityanath, Uttar Pradesh has experienced a surge in reported encounters between the police and alleged criminals. These encounters often involve suspects in cases ranging from organized crime to petty offenses. The encounters typically result in the death of the alleged criminals, with the police claiming self-defence or retaliatory action.

An investigation of police records by The Indian Express reveals that since March 2017, when Yogi Adityanath took charge, and till date, the state has witnessed 186 encounters. This works out to more than one alleged criminal being killed by the police every 15 days.

Also read, The Appalling State of Muslims in post-colonial India

Supporters of Police Encounters

Supporters of these encounters argue that they have contributed to a decrease in crime rates and instilled a sense of safety among the public. The government points to statistics showing a decline in major crimes as evidence of the effectiveness of this approach. However, critics remain skeptical about the veracity of these claims and emphasize the need for a thorough and impartial investigation into each encounter.

Read here, “The Kerela Story” Controversy in India

Human Rights Organizations on Police Encounters

Human rights organizations and activists have raised serious concerns regarding the legality and propriety of these encounters. They argue that extrajudicial killings erode the foundations of a democratic society and undermine the principles of justice and fairness. These encounters bypass the judicial process and deny individuals their right to a fair trial, potentially leading to the abuse of power and the violation of human rights.

Also, read India Ranks 161st in Terms of Journalistic Freedom- RSF

Self-defence Claims on Police Encounters

There have been allegations of encounters being staged or manipulated to fabricate self-defense claims. Concerns have also been raised about the lack of transparency surrounding the circumstances of these encounters, with limited independent oversight or mechanisms to ensure accountability. Such issues further erode public trust in law enforcement agencies and the justice system.

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The Uttar Pradesh Government on Police Encounters

In response to mounting criticism, the Uttar Pradesh government has defended the encounters as necessary in the fight against crime and asserts that all encounters are conducted within the framework of the law. They emphasize that these operations are carried out to protect the safety and security of the citizens. However, the lack of independent investigations and public scrutiny has fuelled scepticism and calls for greater transparency.

Also, read India- The Killing of Gangster-Turned-Politician Atiq Ahmad

The Rise in Police Encounters

The rise in police encounters in Uttar Pradesh under Chief Minister Adityanath’s tenure has drawn attention not only within India but also internationally. Human rights organizations, including Amnesty International and Human Rights Watch, have expressed concerns about the pattern of extrajudicial killings and the potential violation of human rights. They have called for independent investigations into these encounters to ensure that the principles of justice and human rights are upheld.

Critics argue that a comprehensive approach to law enforcement should prioritize measures such as professional training, intelligence-led operations, and an efficient and impartial judicial system. Strengthening these areas would provide a more sustainable and accountable framework for crime control while preserving the fundamental rights of all individuals.

Balancing the need for effective law enforcement with the protection of human rights and the rule of law remains a significant challenge. It is essential for the Uttar Pradesh government to undertake measures that address these concerns, ensure transparent and independent investigations into encounters, and establish mechanisms for accountability.

The police encounters in Uttar Pradesh since Chief Minister Yogi Adityanath assumed office have ignited a contentious debate over the methods employed in combating crime. Striking the right balance between security and the protection of individual rights is crucial for the state to foster a safe and just society. Upholding the principles of due process, transparency, and accountability will be key to restoring public trust and upholding the rule of law in Uttar Pradesh.

In recent developments, the controversial rise of police encounters in Uttar Pradesh has gained further attention and sparked renewed discussions about the need for accountability and transparency.

Also, read UN Defender Demands End to Crackdown on Kashmiri Activists

Civil Society and Human Rights Advocacy

Civil society organizations and human rights activists have been vocal in their condemnation of extrajudicial killings and the lack of accountability in encounters. They have continued to raise awareness about the issue through campaigns, public awareness programs, and legal advocacy. These efforts have played a significant role in keeping the issue in the public spotlight and demanding justice for the victims.

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International Attention

The issue of encounters in Uttar Pradesh has drawn international attention. Human rights organizations and foreign governments have expressed their concerns over extrajudicial killings and violations of human rights. The international community has called for independent investigations and accountability, urging the Indian government to uphold its international obligations and protect the rights of all individuals.

While the recent developments indicate a growing recognition of the need for accountability and transparency in encounters, there is still much work to be done. It is crucial for the Uttar Pradesh government to take concrete steps to ensure independent and impartial investigations into encounters, establish mechanisms for accountability, and provide support to victims’ families.

Addressing the root causes of crime, improving the professionalism and training of law enforcement agencies, and strengthening the judicial system are essential components of a comprehensive approach to law enforcement that respects human rights and upholds the rule of law.

The ongoing discussions, judicial interventions, and advocacy efforts are crucial in holding authorities accountable and bringing about systemic reforms. Only through a collective commitment to justice, transparency, and the protection of human rights can Uttar Pradesh strive towards a society where the rule of law prevails and the rights and dignity of all individuals are safeguarded.

Also, read Festival turns bloody after Hindutva Mob Burnt Centennial Mosque

Lack of Accountability

Critics argue that the government has failed to hold law enforcement officials accountable for their actions in encounters. The absence of independent and impartial investigations into these incidents has created an environment where impunity prevails. Without proper scrutiny and consequences for wrongdoing, there is little deterrent to prevent potential abuses of power.

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Insufficient Reforms

While the government has established commissions or committees to examine select encounters, critics contend that these efforts are piecemeal and lack comprehensive reforms. There is a need for systemic changes that address the root causes and structural issues surrounding encounters, such as inadequate training, biased policing, and the absence of transparent protocols.

Also, read Pro-Khalistan Activist Amritpal Singh declared fugitive- What is happening in “India’s Bread Basket” Punjab?

Lack of Transparency

Transparency is a crucial aspect of any democratic society. However, critics argue that the government has been reluctant to provide clear and detailed information about encounters, making it difficult to assess their legitimacy. The absence of publicly available data, including information about the number of encounters, the identities of the victims, and the circumstances leading to their deaths, hampers efforts to ensure accountability and justice.

Read here, India: Violence Against Women on Holi Reeks of Communal and Racial Tensions

Scepticism of Official Narratives

There is widespread scepticism among critics regarding the official narratives presented by law enforcement agencies in encounters. The claims of self-defence or retaliatory action are often met with doubts, given the lack of independent verification and the pattern of encounters being used as a means to eliminate alleged criminals without due process.

Also, read Demolition Drives in Kashmir- Is India following the Israeli Model in Kashmir?

Failure to Address Root Causes

Critics argue that encounters, as a response to crime, are a superficial approach that fails to address the underlying causes of criminality. They believe that the government should focus on comprehensive measures such as strengthening community policing, improving socio-economic conditions, and reforming the judicial system to ensure a more effective and sustainable approach to crime prevention.

Read here, Sopore Massacre 1993- When 57 Civilians Were Killed in Kashmir

The absence of robust action on the part of the current government has led to a growing sense of frustration and disillusionment among human rights activists, civil society organizations, and concerned citizens. They argue that addressing the issue of encounters requires proactive measures, including impartial investigations, reforms in law enforcement practices, and transparency to ensure justice for victims and uphold the rights of all individuals.

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Modi Visits US Amidst Human Rights Criticism

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Modi Visits US amid Human Rights Criticism

Indian Prime Minister Narendra Modi recently embarked on a state visit to the United States, where he addressed a joint session of Congress. However, Modi’s visit was met with huge criticism from both India and the US. Many questioned America’s stance on Modi’s illiberal and anti-democratic policies. They raised concerns about Modi’s past human rights record in Gujarat when he was the Chief Minister of the state, as well as the growing discrimination against Muslims since he assumed office as Prime Minister. As a result, there were calls for US President Joe Biden to discuss these issues with Modi during the visit.

However, the White House declined to raise the concerns regarding human rights violations and discrimination against Muslims during their meeting with Modi. They stated that President Biden would not lecture Modi on India’s democratic record during the visit. In a joint press conference at the White House, Modi faced a single scripted question, raising eyebrows as he appeared to answer from a teleprompter. Although the question was related to minority rights, Modi chose to emphasize India’s democratic achievements rather than directly addressing the concerns about minority rights in the country.

Modi’s US Visit: Obama’s Views on Minority Rights in India

Former US President Barack Obama weighed in on Modi’s visit. Expressing his belief, he said that that discussing the rights of ethnic minorities, particularly Muslim minorities, with Modi was essential. Obama emphasized that if India fails to protect the rights of ethnic minorities, it risks “pulling apart.” However, his comments drew criticism from leaders of India’s ruling government. BJP leader and Chief Minister of Assam, Himanta Biswa Sharma, who was sarcastically questioned if action would be taken against Obama by the Assam police for criticizing the Prime Minister replied that he would go after “Hussain Obamas” within the country first. It is worth noting that the Assam police is known for taking action against critics of Modi.

Also Read: Why Is Indian PM Modi’s Silent About Attacks Against Muslims?

Backlash from Indian Leaders towards Obama

India’s Finance Minister, Nirmala Sitharaman, also strongly rebuked Obama for his statement. She suggesting that Obama was the real enemy of Muslims, while Modi was a friend to the Muslim community. Sitharaman supported her claim with data, pointing out that during Obama’s tenure, he had conducted military operations in six Muslim-majority countries. At the same time, out of the total 13 state honours that Modi has received, six were from Muslim-majority countries.

Notably, Egypt recently conferred its highest state honour on Modi, further highlighting his international recognition by Muslim dictators. In 2018, the Palestinian Authority also awarded him the Grand Collar of the State of Palestine, the highest Palestinian honor for foreign dignitaries.

Also Read: BBC’s Modi Documentary Rattles Modi Government

Modi’s Ban from Entering the US

It is significant to mention that prior to becoming Prime Minister in 2014, Modi had faced a decade-long ban from entering the US due to “severe violations of religious freedom”. He was the only person in the world denied a US visa for this reason. However, after assuming office, the US revoked the ban, allowing him to travel to the country on several occasions.

Strategic Interests: US-India Partnership

The question that arises is why the US chose to host Modi despite his democratic transgressions. In recent years, there has been a growing strategic interest between the US and India, driven by the rise of China. While India had previously adopted a non-aligned foreign policy, it is now leaning towards closer ties with the US. The US sees India’s geographic location as an advantage in countering China’s influence and seeks to involve India in its strategy to contain China, especially considering India’s existing disputes with its neighboring country. As a member of the QUAD, a group aiming to counter China, India’s support is crucial for the US.

US’ Compromised Stance on Human Rights

It is worth noting that while the US often speaks out against authoritarian regimes with which it lacks mutual interests, it paradoxically encourages and supports worse authoritarians and dictators around the world if they align with its interests. The US operates based on the principle of pursuing its permanent interests rather than maintaining permanent friendships.

Also Read: Why BJP is Fascist Despite Contesting Elections.?

Balancing Interests and Ethics

In conclusion, Modi’s recent visits to the US was marred by criticism regarding his human rights record and concerns about the treatment of minority communities in India. Despite these criticisms, the US government chose to host Modi, prioritizing strategic interests and the containment of China over addressing human rights issues. The strategic partnership between the US and India has gained importance due to the geopolitical dynamics in the region. India’s potential as a counterbalance to China has led the US to turn a blind eye to Modi’s policies against the Muslim minority. India’s participation in the QUAD, a coalition aimed at countering China’s influence, further solidifies its significance in the US strategy.

While the US is known for condemning authoritarian regimes, it often compromises its principles when there are mutual interests at stake. This inconsistency raises questions about the ethical foundations of US foreign policy and its willingness to support leaders with questionable democratic records.

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