UN Woman’s Rights- Day: The plight of Kashmiri Woman caged in Tihar Jail An international law perspective

By Dr. Waleed Rasool

The rights of the woman are protected universally including that of Kashmiri women under the fundamental rights as basic United Nations values. The foundation of the United Nations is enshrined in Article-1 which stipulates that the foundation of the united nations is to promote and respect fundamental freedom. It is further interpreted in article 13 (The rule of GA) and article-55 (Promotion of universal human rights). The same is consolidated by the universal deceleration of the human rights of 1948.

To protect the human rights of the woman which consists of more than half of the population of the world. Various milestones are achieved during the present decade, however, from decades Kashmir woman got no relief from the wrath and humiliation of Indian forces licensed under the AFSPA and PSA while Kunan Poshpora-Kupwara case was a testimony. Economical Interest is keeping dominating the internal relations and international order having the potential to overshadows international laws is mega impediment but oppressed shall keep pleading their cases despite the complexities.

To protect the woman’s rights, the commissions of human rights in post universal deceleration have drafted two treaties the international convent of the civil and political rights and international convent of the economic, social and cultural rights. These collectively make the international Bill of human rights. These are legally binding to states. India is shelly-shining these treaties with misinterpretation though the right to freedom and life, freedom from slavery and freedom from torture, the right to liberty, freedom of thought, right to citizenship and political participation are guaranteed. Furthermore, United Nations member states adopted the resolution in 1967 followed by 1979 Genal assembly resolution of the women’s treaty. In addition to these general principles, 16 substantive articles cover the civil and political rights of the woman.

The human rights of the woman are further safeguarded by the Human rights council. This is the special intergovernmental body with 47 state members working since 2006.HRC addresses the Women’s issues to bring them on the international radar particularly during the conflict. Therefore, the rape and the sexual assaults were brought in discussion in Darfur Sudan A/HRC/4/80 para 39. Congo A/HRC/10/59. To address the violation against women processes the long history. To keep the vigil of the states, the universal periodic review examines and accesses the state’s compliance with women’s rights after every four and a half years, however, India escapes which has multiple variables but the victim does not either approach or if approaches, She lacks the understanding and patron of the documentation, how to peruse their cases as is happening in Kashmir case.

Women of Kashmir caught under Indian occupation are the worst victim of structured violence powered by the Indian war machine. The saga of the Kashmir woman is heart wrenching and painful for any and every human being in general and the Kashmiris inhabiting along either side of the LoC Vis-à-vis Pakistan in particular. Though the rights of the woman are protected under international law, UNSC, Geneva conventions and additional protocols, however, India behaving as regional hegemon had never taken the heed and continued the violations human rights violations against the Kashmir woman while using her as a weapon of war.

The United Nations security council specially empowered the woman’s rule in 2000 in resolution #1325 to empower her direct rule in conflict prevention, resolution, peace and negotiation efforts. The United Nations Secretary-General had interpreted the same resolution to protect woman’s rights in conflict.

It is prudent to mention that the educated women of Kashmir and Pakistan are empowered by article 1325 therefore, it is her duty and obligation to be abreast of her rights as per international law while enjoying the freedom and she shall strive for those who are at the mercy of 780000 armed forces of India, ruled by roost. The Kashmir under Indian occupation has neither access to world forums nor India will allow her to reach international mechanism. Hence, it is the sole and sheer obligation of Kashmiris inhabiting in Azad Jammu and Kashmir. Pakistan and the diaspora.
She can contribute by peaceful means as stakeholders in odd hours of turmoil. The woman of Kashmir equipped with a pen, cell phone, and computer can knock the world conscience about the plight of the Kashmir woman where it can seen and dealt with.

The Charge sheet of three daughters of Kashmir, Aasia, Naheed and Fehmeeda is advocating for political rights and human rights became their charge sheet to cage them in Tihar Jail-Delhi. The death cells of the Tihar Jail are eyewitness to the valor of the Maqbool Butt and Afzal Guru referred to gallows on the charges of the demand for the right to self-determination having legal sanity as per UNCIP resolutions. The Tihar jail is the cemetery of pioneer human rights defenders whose remains have been never returned which is not only the breach of the international law but also to the Indian penal code.

It is absurd that the lost charge sheet leveled against three daughters in Tihar Jail comprises 3000 pages each which depicts the gravity of the Indian mindset and her policy to keep them caged, however, international forums need to be sensitized about nature of the case and Indian design.

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