Armed Forces Act (AFSPA), 1958 is an act of the Parliament of India that grants special powers to the Indian Armed Forces to maintain public order in "disturbed areas". According to the Disturbed Areas Act, 1976 once declared 'disturbed', the area has to maintain status quo for a minimum of 3 months. One such act passed on 11 September 1958 was applicable to the Naga Hills, then part of Assam. In the following decades it spread, one by one, to the other Seven Sister States in India's northeast. Another one passed in 1983 and applicable to Punjab and Chandigarh was withdrawn in 1997, roughly 14 years after it came to force. An act passed in 1990 was applied to Jammu and Kashmir and has been in force since.
The Insurgency in Northeast India involves multiple separatist militant groups operating in some of India's northeastern states, which are connected to the rest of India by the Siliguri Corridor, a strip of land as narrow as 14.29 miles (23.00 km) wide.
The insurgency in Jammu and Kashmir, also known as the Kashmir insurgency, is an ongoing separatist militant insurgency against the Indian administration in Jammu and Kashmir, a territory constituting the southwestern portion of the larger geographical region of Kashmir, which has been the subject of a territorial dispute between India and Pakistan since 1947.
The Kashmir conflict is a territorial conflict over the Kashmir region, primarily between India and Pakistan, and also between China and India in the northeastern portion of the region. The conflict started after the partition of India in 1947 as both India and Pakistan claimed the entirety of the former princely state of Jammu and Kashmir. It is a dispute over the region that escalated into three wars between India and Pakistan and several other armed skirmishes. India controls approximately 55% of the land area of the region that includes Jammu, the Kashmir Valley, most of Ladakh, the Siachen Glacier, and 70% of its population; Pakistan controls approximately 30% of the land area that includes Azad Kashmir and Gilgit-Baltistan; and China controls the remaining 15% of the land area that includes the Aksai Chin region, the mostly uninhabited Trans-Karakoram Tract, and part of the Demchok sector.
Human rights in India is an issue complicated by the country's large size and population as well as its diverse culture, despite its status as the world's largest sovereign, secular, socialist democratic republic. The Constitution of India provides for fundamental rights, which include freedom of religion. Clauses also provide for freedom of speech, as well as separation of executive and judiciary and freedom of movement within the country and abroad. The country also has an independent judiciary as well as bodies to look into issues of human rights.
The Insurgency in Balochistan is an insurgency or revolt by Baloch separatist insurgents and various Islamist militant groups against the governments of Pakistan and Iran in the Balochistan region, which covers the Pakistani province of Balochistan, Iranian province of Sistan and Baluchestan, and Balochistan of southern Afghanistan. Rich in natural resources, this is the largest, least populated and least developed province in Pakistan and Iran, and armed groups demand greater control of the province's natural resources and political autonomy. Baloch separatists have attacked civilians from other ethnicities throughout the province. In the 2010s, attacks against the Shia community by sectarian groups—though not always directly related to the political struggle—have risen, contributing to tensions in Balochistan. In Pakistan, the ethnic separatist insurgency is low-scale but ongoing mainly in southern Balochistan, as well as sectarian and religiously motivated militancy concentrated mainly in northern and central Balochistan.
There are or have been a number of separatist movements in Pakistan based on ethnic and regional nationalism, that have agitated for independence, and sometimes fighting the Pakistan state at various times during its history. As in many other countries, tension arises from the perception of minority/less powerful ethnic groups that other ethnicities dominate the politics and economics of the country to the detriment of those with less power and money. The government of Pakistan has attempted to subdue these separatist movements.
Assam separatist movements refers to a series of multiple insurgent and separatist movements that had been operated the in Northeast Indian state of Assam. The conflict started in the 1970s following tension between the native indigenous Assamese people and the Indian government over alleged neglect, political, social, cultural, economic issues and increased levels of illegal immigration from Bangladesh. The conflict has resulted in the deaths of 12,000 United Liberation Front of Assam (ULFA) militants and 18,000 others.
Secession in India typically refers to state secession, which is the withdrawal of one or more states from the Republic of India. Whereas, some have wanted a separate state, union territory or an autonomous administrative division within India. Many separatist movements exist with thousands of members, however, some have low local support and high voter participation in democratic elections. However, at the same time, demanding separate statehood within under the administration of Indian union from an existing state can lead to criminal charges under secession law in India. India is described as an ‘Union of States’ in Article 1 of the Indian constitution I.e "Indestructible nation of destructible states" by its father of constitution Dr. Bhimrao Ramji Ambedkar where a state or Union territory of India cannot secede from India by any means and the Central Government has more powers than the respective state governments and can forcefully change the names and boundaries of the states without their permission at any time when needed for self interest and for the maintenance of integrity.
Human rights abuses in Jammu and Kashmir range from Indian settler colonialism, mass killings, enforced disappearances, torture, rape and sexual abuse to political repression and suppression of freedom of speech. The Indian Army, Central Reserve Police Force (CRPF), and Border Security Personnel (BSF) have been accused of committing severe human rights abuses against Kashmiri civilians. According to Seema Kazi, militant groups have also been held responsible for similar crimes, but the vast majority of abuses have been perpetrated by Indian forces.
Human rights abuses in Azad Kashmir, Pakistan, have been a partial issue, ranging from forced disappearances, claimed torture to political repression and electoral fraud and suppression of freedom of speech. According to the human rights commission of Pakistan, Inter-Services Intelligence (ISI) carries out extensive surveillance operations on the press and pro-independence groups, they have carried out arbitrary arrests in which people have been tortured and several have died. Asian Legal Resource Centre (ALRC) is cited to indicate that dozens have disappeared after their arrests in Pakistan-held Kashmir. A significant number of cases point to the Inter-Services Intelligence’s involvement in these disappearances".
Human rights abuses in the province ofBalochistan refers to the human rights violations that are occurring in the ongoing insurgency in Balochistan. The situation has drawn concern from the international community, The human rights situation in Balochistan is credited to the long-running conflict between Baloch nationalists and Pakistani security forces.
Human rights abuses in Kashmir have been perpetrated by various belligerents in the territories controlled by both India and Pakistan since the two countries' conflict over the region began with their first war in 1947–1948, shortly after the partition of British India. The organized breaches of fundamental human rights in Kashmir are tied to the contested territorial status of the region, over which India and Pakistan have fought multiple wars. More specifically, the issue pertains to abuses committed in Indian-administered Kashmir and in Pakistani-administered Kashmir.
Human rights abuse is an ongoing insurgency in Manipur, a northeastern Indian state. The issue started in the 1960s due to a separatist conflict. The Indian army, paramilitary, and police personnel are responsible for killings and torture within Manipur. Human rights violations by Indian security forces are said to have fueled the armed opposition groups in Manipur. Insurgent groups have kidnapped children to train them as child soldiers against the Indian government. Manipur was declared a “disturbed area” by the Indian government in 1980 in the Armed Forces Special Powers Act of 1958.
Human rights issues in northeast India have been widely reported in the press and by human rights activists. Northeast India refers to the north-easternmost region of India consisting of the states of Arunachal Pradesh, Assam, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, and Tripura, as well as parts of northern West Bengal.
Child soldiers in India is a common occurrence among non-state forces such as insurgent organizations and up to seventeen militant factions use child soldiers in the Kashmir region. According to a report from the Conflict Study Center, child soldiers are used in Assam, Manipur, Nagaland, Andhra Pradesh, Chhattisgarh, Jharkhand, Karnataka, Maharashtra and Jammu and Kashmir; and that children were used by both state backed and anti-state insurgent groups. Use of children below the age of 18 in active conflict is a violation of the Indian Penal Code, the Geneva convention and the Convention on the Rights of the Child.
International People's Tribunal on Human Rights and Justice in Kashmir (IPTK) is a People's Tribunal formed by Indian human rights activists for the purpose of probing human right violations in the Indian-administered territory of Jammu and Kashmir, and bridging the gap between people living in Kashmir and rest of India. It was first convened in 2008 by Parvez Imroz, Angana P. Chatterji, Gautam Navlakha and Zaheer-Ud-Din. Chatterji served as convener until December 2012.
The Kashmir conflict has been beset by large scale usage of sexual violence by multiple belligerents since its inception.
Women's rights in Jammu and Kashmir is a major issue. Belonging to a patriarchal society, they have had to fight inequality and routine discrimination. Since the onset of insurgency in 1988, rape has been leveraged as a popular 'weapon of war' by Indian security forces. Separatist militants have also committed rapes, which remain under-researched but are not comparable in scale to that of the Indian state forces. Women's rights in Kashmir Valley has major issues as there is harassment of young muslim women participating in sports activities, demands of dowry after marriage, domestic violence incidents, acid attacks on women, and men being generally taken in a higher regard than women. Many small organisations have been formed to struggle for women's rights in Jammu and Kashmir.
Office of the United Nations High Commissioner for Human Rights (OHCHR) released two reports on "the situation of human rights in Indian-Administered Kashmir and Pakistan-Administered Kashmir". The first report released on 14 June 2018 was the first ever issued by the United Nations on human rights in Kashmir. The second update report was released on 8 July 2019. The first report covered June 2016 to April 2018 while the second report covered the period May 2018 to April 2019. In both cases the reactions of Pakistan and India were diametrically opposite.
