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Refugees and the Proposed Amendment in the Citizenship Law of India

Dr. Nafees Ahmad

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The Government of India presented the Citizenship (Amendment) Bill, 2016 in Lok Sabha 19 July 2016. The impugned Bill seeks to amend the Citizenship Act, 1955 whereunder the acquisition and determination of Indian citizenship procedure have been enacted. The Bill aims to extend citizenship to an individual who belongs to minorities such as Buddhists, Christians, Hindus, Jains, Parsis and Sikhs hailing from Afghanistan, Bangladesh, and Pakistan who enters into India without valid visa or travel documents.

The entry of such persons in India shall not be treated as an illegal migrant. The refugees fleeing religious persecution from these countries see India as their natural home. Thus, the proposed Amendment makes them eligible for applying for Indian citizenship by the process of naturalization. The present citizenship law of 1955 treats such arrivals as illegal migrants. The Bill proposes to reduce the cumulative period of residential qualification from eleven years to six years for getting the Indian citizenship by naturalization.  

Is Bill Discriminatory?

The impugned Bill signifies a positive and opportune change in the Refugee Policy of India. It would be beneficial to the displaced people from Pakistan, Bangladesh, and Afghanistan. In India, there are 9,200 refugees from Afghanistan, and of which, 8,500 are Hindus. There are more than 400 Pakistani Hindu refugee settlements in Indian cities like Ahmedabad and Surat in Gujarat, Jodhpur, Jaisalmer, Bikaner, and Jaipur in Rajasthan. However, more than 200,000 Lakhs refugees are living in India that comprises Chakmas and Hajongs from Bangladesh. Refugees from these countries are Hindus and Sikhs and are scattered in Assam, Delhi, Gujarat, Madhya Pradesh, Maharashtra and Uttar Pradesh. However, it is contested that the proposed Amendment would benefit the Hindu migrants significantly as it restricts itself only to the minorities from this trinity of countries. Consequently, Government of India has made “religious persecution” as the core criterion to confer citizenship. But it has discriminated against other minorities and groups from these countries who are also confronting the same situation of religious persecution like Ahmadiyya Muslims in Pakistan, Rohingya Muslims in Myanmar, and Tamil Muslims in Sri Lanka who have taken refuge in India. But, unfortunately, new Amendment Bill excludes the Muslim refugees on the ground of religion from these countries.   The proposed Bill does not extend protection to Sri Lankan refugees who Hindus, Muslims, and Christians of Indian origin who have been living India (Tamil Nadu) since 1983 due to the state-sponsored violence against them. The Bill further discriminates against Afghan Hazaras who face religious persecution, and Australia has extended asylum to them.

What is Refugee Law in India?

Are there benefits of not to have a law on refugees? Having a law on refugees entails exorbitant fiscal responsibility for the Indian state. Every law brings with itself financial liabilities to implement its legal mandate. But, unfortunately, India does not have any law on refugees but welcomed people in search of safety and sanctuary since antiquity and hosts refugees from every nook and corner of the world as per its historical traditions of hospitality. India deals with different groups of refugees differently that deprives them equality before the law and equal protection of the law. The central government determines the status of refugees by Ad hoc administrative decisions with a political tinge in the absence of any law. However, refugees are dealt with the Foreigner Registration Act, 1939, that applies to all foreigners coming to India. Though, Government of India invokes the Foreigner Act, 1946 to regulate the entry, stay and departure of all aliens in India. Other laws like Passport (Entry into India) Act, 1920, Passport Act, 1967, and Extradition Act, 1962 are also applied to deal with the refugees. India does not have any central body except Foreigner Regional Registration Office (FRRO) under the Bureau of Immigration of India to handle the refugees.

UN High Commissioner for Refugees (UNHCR), is a UN agency exclusively dealing with refugees and their problems worldwide, gets permission from the Government of India to assist those refugees who do get any direct aid and assistance from the government. In India, UNHCR extends de facto protection to refugees who have not been recognized under the Indian Law. However, the Part-III of the Constitution of India prohibits discrimination on the grounds of religion, race, caste, sex or place of birth under Article-15. The equality of opportunity in matters of public employment has been provided in Article-16 of the Constitution. While enjoyment of fundamental freedoms with reasonable restrictions are guaranteed under Article-19, and that is equally available to refugees with the protection of script, language, and culture of minorities (Article-29), but refugees or foreigners do not have the right to establish and administer educational institutions under Article-30.  Hence, there have been several attempts in the past to have a national refugee law. Few members of Parliament across the party lines presented private members’ Bills in the Parliament for enacting a national refugee law on December 15, 2015. Shashi Tharoor’s Asylum Bill, 2015, Varun Gandhi’s National Asylum Bill, 2015, Rabindra K. Jena’s The Protection of Refugees and Asylum Seekers Bill, 2015 but these Bills are still pending before the Parliament for its consideration.

India cops with refugees and asylum seekers with the three-fold strategy.  Firstly, Government of India grants full protection and assistance to refugees from Sri Lanka and Tibet. Secondly, refugees who get the asylum at the UNHCR level, and the “principle of non-refoulement” is applied for their protection e.g. Afghans, Burmese, and Somalis, etc. Thirdly, refugees who are neither recognized by the Government of India nor the UNHCR but have arrived in India and got assimilated with the local populace, e.g. Chinese refugees from Myanmar living in the state of Mizoram. Thus, the Indian government deals with these refugees differentially as domestic political power permutations are central to their treatment. Particularly, Sri Lankan and Tibetan refugees got refugee identity documents, and they are entitled to a range of legal benefits. Tibetan refugees live in settlements and enjoy unobstructed freedom whereas the Sri Lankan refugees are kept in camps under surveillance with restricted mobility. On the other hand, refugees from Myanmar, Palestine, and Somalia do not get any aid and assistance from the Government of India, and they are discriminated and deprived of access to essential resources for human survival. Now, the government has agreed to long-term visa to Chin refugees from Myanmar, but ethnic groups of refugees have been put on procrastination.

Judicial Response

The Supreme Court (SC) of India has done exceptionally excellent service to the cause of refugee rights. In the absence of refugee law in India, SC has interpreted the word “person” in the Article-21 of the Constitution in an unprecedented justicial tradition. According to the judicial interpretation of the SC, the term “person” also includes non-citizens. Therefore, SC has addressed and appreciated the plight of refugees in many cases. Particularly, the cases of  Khudiram Chakma v. State of Arunachal Pradesh and Ors, (1994 SC 615), and National Human Rights Commission v. State of Arunachal Pradesh, (AIR 1996 SC 1234) in which the SC held that “all the refugees living in India have the right to life and the personal liberty” as enshrined in Article-21of the Constitution. The “state is obligated to protect the life and freedom of each, be a citizen or otherwise, and it cannot permit individual or group of individuals to threaten the refugees, to leave.” The SC has further directed that the state of Arunachal Pradesh is constitutionally obligated to protect and safeguard the life, liberty, health and overall well-being of the Chakma refugees.

 Consequently, there is a series of judgments delivered by the SC, High Courts of Gujarat, Gauhati, Punjab and Tamil Nadu in cases of Chakma,  Sri Lankan, and all other refugees who have reiterated that the rights of refugees must be protected on the anvil of due process of law in a democracy. Majority of the judgements have explicitly recognized the importance of the UNHCR and paved the way to acquiesce itself in refugee issues in India. But, regrettably, the refugee jurisprudence evolved and bloomed finds itself at war with the ordinary law relating to the foreigners that hugely empowers the government to deport them to their countries of origin arbitrarily. Unfortunately, the Law Commission of India in 2000 recommended in its 175th Report that government should enact a more rigorous law to deal with the “illegal entrants” without any kind consideration to the well-founded fears of their persecution and migration. Are people illegal? People are only human beings, and such a recommendation should not have come from such a statutory body. However, the SC in Louis De Raedt v. Union of India and Ors, B.E. Getter v. Union of India and Ors; S.G. Getter v. The Union of India, (1991) 3 SC 554, held that Article-21 of the Constitution of India protects the life and personal liberty of all persons including aliens and foreigners happened to be in India. Therefore, refugees as non-citizens cannot be deprived of their rights except according to the procedure established by law. Therefore, judicially created refugee rights (JCRs) under the Constitution of India has successfully been protecting the life and liberty of vulnerable persons. Hence, JCRs have become the de facto cum de jure the law of the land in the absence of national refugee legislation.

Refugee Influx in India

Refugees have been arriving in India from all over the world including Afghanistan, Bangladesh, Bhutan, Congo, Eritrea, Iran, Iraq, Myanmar, Nepal, Nigeria, Pakistan, Rwanda, Somalia, Sri Lanka, Sudan, Syria, and Tibet, etc. Today, there are 65.3 million refugees globally including asylum seekers, irregular migrants, returnees and internally displaced persons (IDPs). India is a home to diverse groups of refugees from all continents and region of the world. India has accommodated refugees from Tibet in 1959, the refugees from Bangladesh in 1971, the mass influx of Chakma refugees again from Bangladesh in 1963 and from Sri Lanka in 1983, 1989 and 1995. However, India has been receiving refugees from Afghanistan and Myanmar since the 1980s, and Rohingya refugees have been coming for the last couple of years from the Myanmar. But there is no stoppage of refugees and migration from Bangladesh. By the end of 2015 as per the UNHCR report, there were 207,861 persons of concern out of which 201,281 were refugees, and 6480 were the asylum seekers. These figures comprise 175,000 Tibetan and Sri Lankan refugees who were granted asylum decades ago. UNHCR India reported that 31,000 asylum-seekers and refugees had been registered with the UNHCR in India. However, UNHCR estimated in September 2014 that there are 109,018 Tibetan Refugees, 65,674 Sri Lankan Refugees, 14,301 Myanmar’s Refugees, 10,395 Afghan Refugees, 746 Somali Refugees and 918 Other Refugees. As of August 2015, only 39 Syrian Refugees and 20 asylum-seekers got registered with the UNHCR India.

Predictably, refugee influx in India is bound to increase due to current conflicts in different parts of the world. For example, on September 20, 2016, Permanent Mission of India in Geneva-Switzerland was contacted by Brahumdagh Bugti—a prominent Baloch leader in exile from Balochistan-Pakistan for seeking political asylum in India. Having accepted by the India, it would be second highest grant of political asylum after Dalai Lama—the Tibetan spiritual leader—in the post-1959 era.   

Global Trends

Every 113th person in the world is a refugee who is denied the right to nationality and access to the most basic rights and resources. UNHCR reported in 2016 that there are 10 million stateless persons with no rights and nearly 34,000 people become the victims of forced displacement in every year. The global refugee crisis is the failure of comity of nations in their commitment to have a world based on the ‘purposes and principles’ of the UN Charter. The world community has subjected itself to political chicanery of the few in its ranks. International agreements and understandings are not getting proper adherence and enforcement in national jurisdictions to address the impugned crisis. In September 2016, UNHCR and the World Bank jointly conducted the study to diagnose the cause of the refugee crisis wherein global violent conflicts were identified to have caused forced displacement, and the current trend has been going on for the last more than three decades. This study has culled out countries like Afghanistan, Burundi, Caucasus, Colombia, Congo, Iraq, Somalia, Sudan, Syria, and former Yugoslavia responsible for the present refugee crisis that has been affecting the 1% population of the world. This study has also identified a pattern that remains unchanged since 1991 regarding fifteen developing countries who hosted 89% of the refugees and 99% of the IDPs.

There UNHCR reports that 34,000 people all over the world involuntary leave their homes to get away from persecution, conflicts, and war. The Syrian War is the biggest example of a contemporary conflict that has already claimed 321,358 and 470,000 casualties as per oppositions groups in Syria since March 2011. However, UN and League of Arab Envoys to Syria on April 23, 2016, put out an estimate of 400,000 people who lost their lives in the ongoing Syrian Civil War. The UN has ascertained 13.5 million Syrians in 2016 who were in need of humanitarian assistance, and 6 million out them were IDPs in Syria, and more than 4,8 million are refugees outside the Syria. In January 2017, the UNHCR has registered 4,863, 684 people as refugees with an incremental mobility. The resources and infrastructural facilities of the host countries are tottering under the ever-mounting pressure of these refugees. Now, the moot question is how to address this escalating crisis and swelling of refugees and asylum seekers in the countries of reception. Are existing models of lego-institutional response sufficient to the refugee crisis? And how to tackle the growing number of refugees in the host societies? But, there have been few countries who have been treating the refugees and asylum seekers under their legal and administrative policies. In the EU jurisdictions, new system processes and quota systems have been emplaced to respond to the contemporary refugee crisis.

International Law

India must treat people humanely who are distressed, displaced and forced to flee their roots and motherlands under terrible situations. But India manages and handles refugees on an individual basis in an informal manner in consonance with the jurisprudence developed by the Supreme Court and international treaties. However, India does not have a formal policy on refugees and asylum seekers. Despite the fact that India is a liberal democracy, but it has not signed the international instruments whereunder refugees, asylum seekers and stateless persons are governed. India is not a party to 1951 UN Convention Relating to the Status of Refugees (UNCSR) with its 1967 Additional Protocol, though, more than 145 countries have become parties to these instruments and having well-defined legal protection obligations for the refugees. Further, India has not acceded or ratified the  1954 UN Convention on the Statelessness and 1961 UN Convention on the Reduction of Statelessness. The principle of non-refoulemnt (no-forced expulsion) enshrined in the Article 33 (1) of UNCSR whereunder a person cannot be deported, repatriated or forced to go back to the territories of persecution against his/her free will and volition. The territories may be his/her country of origin or a third country where exists a constant danger to his/her security, liberty, and safety. Even Article 3 of the 1984 UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT) also makes the same provision, but India has only signed it and has not acceded and ratified it, therefore, India is not under any obligation to a party to this Convention. However, CAT has received 161 ratifications as of February 2017, and its Protocol has 75 signatories and 83 parties as of October 2016, and it’s CAT Committee is a body of human rights experts that monitors implementation of the CAT.

However, there are plenty of international conventions and instruments which have been signed and ratified by India such as the Universal Declaration of Human Rights (UDHR), 1948, the 1966-International Covenant on Civil and Political Rights-(ICCPR), the 1966-International Covenant on Economic, Social and Cultural Rights (ICESCR), the 1963-UN Convention on the Elimination of the All Forms of the Racial Discrimination-(CERD), the  1979-UN Convention on the Elimination of All Forms of Discrimination against Women-(CEDAW), and the  Convention on the Rights of the Child (CRC), 1989 etc. India does recognize the right to asylum under Article 14 (1) of the UDHR states that “Everyone has the right to seek and to enjoy in other countries asylum from persecution.” India has been respecting these treaties in protecting refugees but without any uniformity of law and policy. The application of any convention, declaration and agreement must be based on the principle of “good faith” called pacta sunt servanda (agreements must be kept). Therefore, India must eschew from selectively applying these international human rights instruments and protecting the refugees fleeing persecution. While India might have considered several provisions of UNCSR but it has not treated all the classes of refugees equally, and, therefore, the refugees could not get the same humanitarian assistance for which they should have been entitled to under the policies of the Government of India. 

Principle of New Beginning

It is, indeed, fallacious to perceive the refugees as a burden, enemies or strangers; they are also the human beings with all the inalienable human rights. The principle of new beginning must be evolved by practical cooperation, solidarity and responsibility, and uniform standards of better refugee protection. Therefore, the Preamble of UNCSR adumbrated a vision of Burden-sharing Responsibility with equitable distribution of refugees while discouraging the Push-back Approach of many national governments. The concept of Burden-sharing Responsibility has been contemplated that the states can allocate a maximum grant out of their fiscal resources to establish, maintain and contribute to the proposed Global Refugee Fund (GRF). The GRF can be utilized to facilitate refugees’ voluntary repatriation to their motherlands, integration in the host country, resettlement in the third country or helping the government of the refugee-producing country to address the problems of displaced persons. Thus, such an initiative requires a political will at the highest level of governance. For example, at the regional level on March 03, 2014, the EU Parliament has approved the AMIF (Asylum, Migration Integration Fund) for the period 2014-2020 by replacing the European Refugee Fund, European Integration Fund, and European Return Fund to comprehensively supporting the refugees in the Europe. Therefore, at international level, there must also be a Global Refugee Fund (GRF) that makes available financial assistance to the refugees in situations of need. GRF should be consolidated with the contributions from the national governments. The bigger countries should make greater financial contributions in proportionate to their Burden-sharing Responsibility. Hence, each state would be contributing to the GRF, and the refugee receiving countries could utilize the resources out of GRF and protect the rights of the refugees. Such a mechanism would be beneficial for the countries like India who is not a party to the UNCSR and India would have a system to address the refugee influx that it faces across its porous borders without incurring any monetary liability on its national resources and the economy while respecting the human rights of the refugees.

In this context, the political generosity and kindness cannot be the criterion to attend the problems of refugees, homeless and stateless people in India. The present scenario is a most defining moment in the history of India as it is emerging in a new avatar of global standing. Therefore, India must utilize the auspices of the SAARC to consider the South Asian Declaration on the Refugees and Eminent Persons Group’s (EPG) proposed National Model Law on the Refugees thereunder. Moreover, India can evolve a regional approach to enunciate the rules and regulations for protecting the refugees in South Asia. At the same, India must abdicate its dilemmatic policy on national refugee law. India has always protected the persecuted refugees and provided them refuge and security, and nobody is preventing India to have a national legislation on refugees. Hence, India requires having a uniform, stable, and strong structure and strategy to protect the refugees from all corners of the world. The absence of national legislation on refugees has placed the refugee rights in a vacuum, and such rights are regarded as privileges which can only be claimed by those refugees who are politically advantageous for the power structures in the host country. Refugees should not be accommodated to extract demographical, religious, and political mileage. The UNCSR could be deliberated as the basis of domestic refugee law, but India may have its modifications and changes in tune with our national requirements wedded with the principles of constitutionality. Therefore, a national legislation on refugees is immensely required in India in the interest of refugee protection incommensurate with global legal standards. However, India has to go for a refugee law for maintaining the territorial integrity, for securing the porous borders, for ensuring the homeland security, for evading the international pressures in the name of refugee rights, and for establishing our high benchmarks of respecting the international human rights. Today, the world is a simmering cauldron of conflicts and people are getting displaced on an unprecedented scale. Therefore, We, the People of India, must approbate our capacity to take the challenges of any refugee influx ahead.

Ph. D., LL.M, Faculty of Legal Studies, South Asian University (SAARC)-New Delhi, Nafees Ahmad is an Indian national who holds a Doctorate (Ph.D.) in International Refugee Law and Human Rights. Author teaches and writes on International Forced Migrations, Climate Change Refugees & Human Displacement Refugee, Policy, Asylum, Durable Solutions and Extradition Issus. He conducted research on Internally Displaced Persons (IDPs) from Jammu & Kashmir and North-East Region in India and has worked with several research scholars from US, UK and India and consulted with several research institutions and NGO’s in the area of human displacement and forced migration. He has introduced a new Program called Comparative Constitutional Law of SAARC Nations for LLM along with International Human Rights, International Humanitarian Law and International Refugee Law & Forced Migration Studies. He has been serving since 2010 as Senior Visiting Faculty to World Learning (WL)-India under the India-Health and Human Rights Program organized by the World Learning, 1 Kipling Road, Brattleboro VT-05302, USA for Fall & Spring Semesters Batches of US Students by its School for International Training (SIT Study Abroad) in New Delhi-INDIA nafeestarana[at]gmail.com,drnafeesahmad[at]sau.ac.in

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South Asia

Pakistan at a crossroads as Imran Khan is sworn in

Dr. James M. Dorsey

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Criticism of Pakistan’s anti-money laundering and terrorism finance regime by the Asia Pacific Group on Money Laundering (APG) is likely to complicate incoming Pakistani prime minister Imran Khan’s efforts to tackle his country’s financial crisis.

Addressing the criticism of the 41-nation APG, which reports to the Financial Action Task Force (FATF), an international anti-money laundering and anti-terrorism watchdog that earlier this year put Pakistan on a grey list with the prospect of blacklisting it is key to a possible Pakistani request for a US$ 12 billion International Monetary Fund (IMF) bailout.

A US demand that any IMF package exclude funding for paying off Chinese loans coupled with the APG/FATF criticism, against a backdrop of the Pakistani military’s efforts to nudge militants into the mainstream of Pakistani politics and the incoming prime minister’s mixed statements on extremism, could push Mr. Khan to turn to China and Saudi Arabia for rescue, a move that would likely not put Pakistan in the kind of straightjacket it needs to reform and restructure its troubled economy.

The APG criticism followed Pakistani efforts to demonstrate its sincerity by passing in February the Anti-Terrorism Ordinance of 2018, which gave groups and individuals designated by the UN as international terrorists the same status in Pakistan for the first time.

Pakistan, however, has yet to implement the ordinance by for example acting against Hafez Saeed, a leader of the banned group Lashkar-e-Taiba and the alleged mastermind of the 2008 attacks in Mumbai, who despite having been designated a global terrorist by the United Nations Security Council and having a US$ 10 million US Treasury bounty on his head, fielded candidates in last month’s election.

The APG, which just ended talks with Pakistani officials, has scheduled follow-up visits to Pakistan in September and October to monitor Pakistani progress in addressing its concerns, which focus on legal provisions governing non-profit and charitable organisations, transparency in the country’s beneficial ownership regime and the handling of reports on suspicious financial transactions.

Those concerns go to the heart of the effort by the Pakistani military and intelligence to mainstream militants who garnered just under ten percent of the vote in last month’s election but have a far greater impact on Pakistani politics. The military and intelligence have in the past encouraged militants to form political organizations with which mainstream political parties have been willing to cooperate and establish charity operations that have had a substantial social impact.

Similarly, Mr. Khan, who earned the nickname Taliban Khan, is likely to have to counter his past record of allowing government funds to go to militant madrassas, his advocacy for the opening in Pakistan of an official Taliban Pakistan office, and his support of the Afghan Taliban. His Tehreek-e-Insaf (PTI)-headed government in Khyber Pakhtunkhwa, gave in February US$2.5 million to Darul Aloom Haqqania, a militant religious seminary.

Dubbed a “jihad university,” Darul Aloom Haqqania, headed by Sami ul-Haq, a hard-line Islamist politician known as the father of the Taliban, counts among its alumni, Mullah Omar, the deceased leader of the Taliban, Jalaluddin Haqqani, the head of the Haqqani Network. Asim Umar, leader of Al-Qaeda in the Indian Subcontinent, and Mullah Akhtar Mansoor, Mullah Omar’s successor who was killed in a 2016 US drone strike.

Those may be policies that, at least initially, may be less of an obstacle in assistance on offer from China and Saudi Arabia to replenish Pakistan’s foreign exchange reserves that have plummeted over the past year to US$ 10.4 billion, enough to cover two months of imports at best. Pakistan’s currency, the rupee, has been devalued four times since December and lost almost a quarter of its value.

Chinese loans have so far kept Pakistan afloat with state-owned banks extending more than US$5 billion in loans in the past year. PTI officials said this week that China has promised the incoming government further loans to keep Pakistan afloat and enable it to avoid reverting to the IMF, which would demand transparency in the funding of projects related to China’s US$50 billion plus investment in the China Pakistan Economic Corridor (CPEC), a crown jewel of its Belt and Road initiative.

And that is where the rub is. Despite Chinese officials reportedly urging Pakistan to reduce its deficit, neither China nor Saudi Arabia, which has offered to lend Pakistan US$4 billion are likely to impose the kind of regime that would put the country, which has turned to the IMF 12 times already for help, on a sustainable financial path.

Relying on China and Saudi Arabia would likely buy Pakistan time but ultimately not enable it to avoid the consequences of blacklisting by FATF, which would severely limit its access to financial markets, if it fails to put in place and implement a credible anti-money laundering and terrorism finance regime

Moreover, relying on China and Saudi Arabia, two of Pakistan’s closest allies could prove risky. Neither country shielded Pakistan from FATF grey listing in February. A Chinese official said at the time that China had not stood up for Pakistan because it did not want to “lose face by supporting a move that’s doomed to fail.”

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The problem of pellet guns in Kashmir

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Jammu and Kashmir is the only northern state of the Indian union dogged with an overridden unhealthy political atmosphere. The valley of Kashmir is beset with a major governance deficit which has given renewed impetus to the dissenting voices of the masses day in and day out. Dissent is the hallmark of a democracy which acts as a medium for the expression of the masses against the system. There are certain rights and duties guaranteed by the Indian constitution for the citizens, including the right to freedom of expression and right to life. Caught in the quagmire of a political crisis that has deeply permeated the society, the people in Kashmir from time to time vent up their dissent. Hartals are the tools for the masses through which they ventilate their pent up emotions. Kashmir is not a different case. It is also amuck with crisis and caught in a looming distress day in and day out. Kashmir is the most sensitive zone of the whole Asian sub-continent, where situations turn awry with the passage of time, like the seasons of the year and is the only state of the Indian Union where there has been a reckless use of the pellet guns without any regard for the precious life of the common man. This is a sort of dichotomy.

The use of pellet guns is a major problem which has not only maimed, blinded and killed the masses, but also shaken the collective conscience of the people, who have fallen prey to a different approach of dichotomy of the government. The killing of militant commander Burhan Wani in 2016 brought about a volcanic eruption in valley which not only deteriorated the situation in Kashmir, but also increased the massive alienation of the masses. The waves of grief and anger against the day-to-day killings and maims that the people felt increased with each passing day. In order to control the crisis, the security agencies used the deadly pellets which caused heavy damage to the sufferers. More than 1200 people lost their vision in 2016. According to a report of State Human Rights Commission (SHRC), more than 75% people suffered injuries due to pellet guns, ranging from minor to major in 2016.There was a heavy loss of life.

Although small in size, these black metallic balls have deteriorated our young generation. The use of pellet guns has wreaked crisis in Kashmir. For the security agencies, it is meant to disperse the crowds, but, for the common masses, it is a problematic affair. Pellet guns are pump-action shotguns which fire a cluster of small, round, metal pellets with high velocity over a broad range.

Recently, after the killing of a militant from Pahalgam area during the anti-establishment protests, a number of people were injured due to pellet A nurse working in the same area personally told me that we healed at least 100 plus pellet injured victims. The bloody Sunday of this year’s April and the subsequent clashes of the protestors with the security agencies left many injured, with multiple cases of pellet injuries to the eyes of the protestors.

Naseer Ahmad Bhat of Seer Hamdan, Anantnag was killed by the security forces during the post-Burhan phase of 2016 protests in Kashmir. He was an able worker and a good cricketer who fell silent to the pellets. Not only the collective conscience of the people was shaken, but also a state of disparity ensued. These deadly pellets have not even spared the school going children and snatched the power of seeing of the victims. Insha, a pellet victim who passed her matriculation examination last year despite odds is an inspiring hope for the likewise victims.

Pellets cause a number of biological ramifications in the victim, like the loss of vision, the state of paralysis, in case, the damage is caused to the spinal cord, defacements, and death in case of damage to the vital organs of the body, like, heart, kidneys, lungs, brain, etc. Moreover, the pangs of guilt that a victim suffers in silence dishearten one and all. The use of pellet guns as a crowd-control method during protests, whether in case of cordon and search operations (CASO) or common protests has added a volley of questions to the psyche of the common man? Being a part of the Indian union, that two acing the crown, Kashmir has been treated otherwise all through the passing times. People have got million queries, but, there are no solid answers to their problems and subsequent tactful solutions.

The substitution of pellet guns with PAVA shells can in no way control the crisis. The way people of other parts of the country are treated should form a close semblance in case of protests in Kashmir. Why the security forces are using pellets and bullets against the people whom the system claims with a sense of belonging. There can be other alternatives, like the use of water cannons without any damage and subsequent ensuing crisis that engulfs the society and creeps the psyche of the common men. If this is the notion of the system to punish dissent, then dissent itself takes a u-turn of additions and alterations with the passage of time. The bleeding valley is giving a close call for one and all to unite and ensue a state of peace and order. There is an urgent requirement of the administrative and political will to stop the use of pellet guns in Kashmir.

Whatever is happening to the people of Kashmir has not been experienced by the other people of the country. After all, it is a question of humanity. People suffer out of the ways as circumstances decide or may be destined otherwise. But to expect a peaceful valley without the intervention of a political will would be an underestimation of statements. There is a dual intolerance in Kashmir, one from the people and next from the system. The systematic targeting of the protestors from a point blank range irrespective of regard for the human life has shattered several families in Kashmir

Kashmir is passing through the phases of testing times with each passing day. The ugly turn of the situations and recurring events and the amateur dealing of the same has created an unhealthy atmosphere everywhere, where people have lost faith in the governance systems. The safety and security of every Tom, Dick and Harry is the looming question of the hour. Exits from dwellings and adieus from home don’t guarantee the safe return of the leavers. The interlocutor of the centre in vale, Mr. Dineshwar Sharma once reiterated that, ‘the priority is to prevent Kashmir turning into Syria’. The imbroglio has crippled the educational scenario, down slowed the economy, increased the unemployment, but, above all, the ultimate question is the redressal of the problem at stake, which for God sake can erupt into a lava-laden volcano one day and engulf the whole peace, stability and order of the South Asia, if not tactfully handled in the current times by the government.

The victory of BJP at the centre with the thumping majority after the 2014 Lok Sabha elections with the slogan of ‘minimum government, maximum governance’ falls short of words and has partially failed in the state of J&K.The killings of the common masses are in no way remedies to the political ailments. There should be the ultimate regard for the human lives. Why has the blood of the people become so cheap .When will peace return to the valley of Kashmir? The government of India had constituted an expert committee in July 2016 to explore other possible alternatives to pellet guns as non-lethal weapons. Although, the committee submitted its report and the recommendations were taken into account by the government for implementation. But, what happened afterwards lies in the public domain for discussion. The use of pellet guns is tantamount to the violation of rights of the people.

In order to direct the valley towards the state of peace and development, the role of multiple players of India, Pakistan and Valley is necessary. This way the government can make a significant contribution in the restoration of normalcy. The need of the hour is the unity of all the stakeholders of the society, like government, non-governmental parties, NGO’s, etc. to help these pellet victims via financial or other means.

Although, there has been a strong criticism of the use of pellet guns not only at the local level ,but also at the international level, but the main part of the problem resolution lies with the government of India and the state. Although, much has been said and written about the people of Kashmir with the flow of waters of the river Jhelum, but the stability of the region is a farfetched dream. Here, comes the role of the government into play. The use of pellet guns against the dissenting masses has wreaked havoc and wounded the collective psyche of the people, particularly those who have lost their near and dear ones due to the deadly metallic balls. Those who have fully or partially lost the vision and are living in dark suffer in silence. The government should review the situation and put a full stop for the future use of pellet guns. Those who have lost their dear ones should be financially compensated or by provision of bread and butter. However, the clarion call of the people is the complete ban and stoppage of these pellet guns in order to prevent the further damage and restore the faith of the people in the system. The government of India should pass a resolution to put a terminal pause to the use of pellet guns in the state of Jammu and Kashmir.

The vital task for the current times is to build a consensus for the total pellet ban. The use of non-lethal methods by the security agencies like water cannons could be the best alternatives. This will not only restore the faith of the people in governance, but also generate a feeling of belongingness among the masses. The bruised scars of the pellets have defaulted the trust of the people in the political system. Although, the situation is worrisome for one and all, but, in which direction the boat sails lies with the future course of action. After all action speaks louder than the words.

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South Asia

Pakistan not a Threat for Israel: Clearing Misconceptions

Uzge A. Saleem

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Ever since 1998; the beginning of Pakistan’s nuclear age, the state’s self-defense mechanism has been a source of worry and unrest for India and the US. Both these states never really accepted that a small state like Pakistan could develop the prestigious asset and was now well capable of defending itself against external threats. US opposed the program on the grounds that it had been tested after the signing of NPT and that it is an “illegitimate” program. Their basic concern was Pakistan not being a party to NPT and US non-proliferation efforts failing. India, though very much against the program, could not openly oppose it on the same grounds because its own Nuclear Program had the same issue i.e. it was tested after the signing of NPT and they had also not signed the treaty.

There  are  a  lot  of  ambiguities  surrounding   Pakistan’s  nuclear  program  which  are  there intentionally for the benefit and security of the program and state. However, there is one thing which has been kept very clear since day one and that is the Indo centric nature of Pakistan’s nuclear program. The program was developed because the conventionally strong next door neighbor had developed their program. Pakistan, in an attempt to ensure territorial security, had to develop its own program as well. US, China, Russia, France or the UK were never a threat to Pakistan nor was Pakistan on their attack agenda. India on the other hand was in close territorial proximity, a historic enemy, conventionally stronger and now also a nuclear power. After evaluating all these factors any national strategist would suggest a nuclear program for Pakistan and that is exactly what the state did.

There have been news in an Israeli newspaper,  Haaretz, that Pakistan is more of a threat to Israel than Iran. This was published on 20 May, 2018. The grounds for this allegation have been identified  as  Pakistan’s  growing  arsenal  and  other  similar  reasons  which  have  always  been popular in the western policy circles. Iran, a conventional enemy, one with which there have been numerous conflicts, has been ruled out as a threat to Israel since they do not have a nuclear arsenal.

However, there are many concrete facts that have been ignored in this propagating debate. For instance Pakistan has had no wars with Israel. Both the states have never even been on the verge of an all-out war. The states have never even had a conflict that could’ve led to war. Although Iran does not have  a nuclear arsenal at present but that did not stop the states from indulging into conflicts before and although initiating a nuclear war might not be a possibility for Iran but a conventional war is very much within their skill set.

Pakistan is already indulged in a two front defense strategy on its eastern and western borders. The Taliban threat from the west and the ever present Indian threat from the east, particularly along the  line of control is already consuming most of the state’s energy, attention and resources. Under such circumstances, jumping into any sort of venture as far as Israel without any apparent or direct conflict seems like an amateur move which is not expected from Pakistan whatsoever. If any linkages are being made based on the fact that Iran and Israel have cordial ties then they are weak to begin with. On the other hand India and Iran have more than friendly ties and India’s nuclear arsenal is growing rapidly with the US help. However, this does not mean that just because India is a nuclear state and a friend of Iran, it will be inclined to attack Israel.

Pakistan’s nuclear program is solely for the safety and security of the nation against any external threat.  The program  is not for the state  to pick  and choose  enemies  and start  non-existing conflicts. That is definitely not how Pakistan intends to use its resources and deviate from the real agenda which is to protect the state of Pakistan. The only condition under which Pakistan would use its nuclear weapons against any state would be if they choose to attack the territory of Pakistan in a nuclear or non-nuclear manner. The state has been absolutely clear about this from the very beginning of its  nuclear era.

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