Muhammad Arsalan Jamal Ghouri
In the recent report by Amnesty International titled “Why should India’s human rights record matter in its bid for a permanent seat on the UN Security Council?” New Delhi’s human rights record has been scrutinized, especially in the integrated territory of Jammu and Kashmir. The 2024 report narrows its focus to scrutinize India’s internal management of the region’s autonomy and presents India’s regional human rights record as something that should hang uncomfortably over any debate of India’s hoped-for enhanced Goliath-like Global governance role including a seat on United Nations Security Council (UNSC). Such an examination uncovers India to have turned a blind eye to internationally accepted human rights, this could demerit its bid to be on the world stage as New Delhi desires.
Indian Human Rights Violations in Indian-Administered Kashmir
To add to the above, Amnesty International’s report is a grim reminder of OHCHR reports on India that released two reports in 2018 and 2019 to recommend for protection of the human rights of the people of Jammu and Kashmir. Noteworthy issues of conflict are the Armed Forces Special Powers Act, AFSPA, and the Jammu & Kashmir Public Safety Act, PSA. These laws afford Indian forces very wide prerogatives, culminating in a context where mass arrests, enforced media censorship, and repression of demonstrations and protests are the norm. Instead of addressing these critiques, India has written them off as ‘political agendas,’ politically influenced ‘narratives’ that keep the world apprehensive about accountability and transparency regarding the state of Kashmir’s status and rights violation issues.
This has been a significant landmark in this matter over the year 2019 with the removal of article 370. This act was done single-handedly by the Indian government making the regional historical and political sovereignty meaningless without realizing or, worse, consulting the populace or being mindful of the widespread ramifications of doing such a thing to the civil rights of people in the area. Legal academicians from across the world also complained that this action violated the international law of India stating that not only the local inhabitants were deprived of participation in the main process but were also constrained. The mass lockdown, limited communication, and the use of the army have added to human rights violations in the area supporting Amnesty’s recommendation for a deeper investigation of India’s actions.
Being one of the biggest democracies in the world India’s fact has often been questioned in retaining and protecting human rights standards internationally. As Amnesty’s report suggests, more than 25 appeals for stopping the mentioned violations have been made by the UN human rights experts since 2019. However, it is regrettable that Indian authorities have shown rather low interest and commitment to interact with UN mechanisms, such as the UPR and the special procedures affiliated with the UNHRC. Amnesty also pointed out that India has given unprecedented replies to two-thirds of the communications from UN Special Procedures since 2011 and out of 20 requests made for official UN visits in 10 years, the country has allowed only two.
India’s relations with the international human rights bodies have also been negatively tainted by its half-hearted approach to human rights treaties. Though it has become a party to six of the nine core UN human rights treaties, it has not ratified the UN Convention against Torture with which India signed up in 1997. India intends to gain a place at the UNSC while at the same time diminishing its commitment to IHR; such a strategy undermines the country’s credibility in the international community.
While India continues its bid for a permanent seat on the UNSC, its abrasively illiberal policies in Kashmir and refusal to cooperate with UN human rights bodies are anew noteworthy. According to Amnesty International, this duplicity concerning human rights could come at the cost of India’s desire for a larger say in international affairs. The need to promote and uphold human rights as a way of enhancing peace and security in the world Forms the basis of the mandate of the UNSC according to the UN High Commissioner for Human Rights Michelle Bachelet. Hence, any state that wishes to become a member of the permanent UNSC has to pass a test on human rights, a qualification India has not passed yet in its entirety.
India has applied for a permanent seat in the UNSC at a time when it has been a member of the community from 2021-2022 as a non-permanent member. In the term in question, however, India made Cardinal Pusillanimous on human rights issues that many human rights activists believe should be core in the UNSC. This precaution is seemingly worrisome especially when compared to the size of India, and its emerging economic and diplomatic might. Indications of anticipation of high standards about democracy, governance, and human rights laws when a country rises to regional power status and a brief reflection on principles of accountability of armed forces in democracy and human rights When India rises to the occasion as a regional power the expectations it will be held to about free and fair elections, independence of the judiciary and human rights, are quite high, yet a recent military assault by Indian forces on the special territory
In so doing the Amnesty report stands as a cautionary note of the responsibilities that are part and parcel of being citizens of the world. India has big ambitions to join the permanent members of the UNSC, but I think the nation needs to look into the matters that are affecting it on the inside starting with the invasion of basic human rights in Kashmir. Indian authorities should follow AFSPA repeal or amend the PSA; implement more transparent policy apropos grievances in Kashmir; and become more compliant with UN human rights procedures.
*The writer is Islamabad based contributor
*The views expressed in this article are solely reflect the point of view of the author and does not reflect the position of the Global News Pakistan
