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Commemorating Human Rights Day: False consolation for Kashmiris

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Today, on December 10, 2023, the 75th anniversary of the Universal Declaration of Human Rights is being celebrated. December 10 commemorates the day in 1948 when the General Assembly of the United Nations adopted the Universal Declaration of Human Rights. Mr Antonio Guterres, the United Nations Secretary-General said, “Human rights are the foundation for human dignity, and the cornerstone of peaceful, inclusive, fair, equal and prosperous societies…They are a unifying force and a rallying cry. They reflect the most fundamental thing we share – our common humanity.” 

Dr. Volker Türk, the UN High Commissioner for Human Rights said, “On this Human Rights Day, we reaffirm the universality and indivisibility of all rights, as we stand up for human rights for all.”  He added, “Human rights is a force to reckon with, not because it serves the interests of the powerful, but because it has captured the imagination of the powerless…And so I will endeavour to promote advances in all human rights, without distinction, in every region, and across all UN activities.”

Besides, the Universal Declaration of Human Rights, the world body has adopted the ‘Geneva Convention’ its ‘Additional Protocols’, (1949)  and International Criminal Court (ICC) (1998) for a single purpose: to defend protect, and safeguard the human rights of all. The basic human rights provisions of the Geneva Conventions including the ones protected under Common Article 3 of the conventions are non-derogable in the sense that they must be respected even in times of international and non-international conflicts, international disturbances, and foreign occupations.

The preamble of the ICC states that ICC is “mindful that during this century millions of children, women, and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity” and “recognizing that such crimes threaten the peace, security and well-being of the world.”
 

Tragically, civilized nations have fallen from their lofty calling: namely, human rights for all mankind. There is a sad commentary on the state of human rights all over the globe. It is the job of all human rights defenders to jump-start that moral evolution.

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George Bernard Shaw, world renowned political philosopher was prophetic when he said in 1940’s “Only on paper has humanity yet achieved glory, beauty, truth, knowledge, virtue, and abiding love.”
 

The presence of the ‘Universal Declaration of Human Rights’ ICC and other human rights instruments offers no consolation for the people of Kashmir because its framers have not lived up to its spirit, at least applying it selectively to suit the objectives of certain powers.

The people of Kashmir are perplexed as to how to interpret such joi de vivre. Over seventy-five years have elapsed since the adoption of this Declaration, but the people of Kashmir have not seen an iota of change in the human rights situation in Kashmir. For worse may be but never for the better. The latest phenomenon of settler colonial project has brought Kashmir to the brink of genocide, as articulated by Dr. Gregory Stanton, Chairman, of Genocide Watch before the United States Congress on January 12, 2022. Such international treaties are meaningless for the people of Kashmir, or Palestine or for any other people who do not see their application, or even a negative mention to those who ride roughshod over them with total impunity while enjoying the good graces of some of the members of the world community to aspire to a high moral station above others. 

According to the definition of ICC, tens of thousands of Indian soldiers and scores of India officials are guilty of crimes against humanity in Kashmir. The crimes committed by 900,000 Indian military and paramilitary forces in Kashmir are a daily feature of Kashmiri life. According to Arundhati Roy, India’s legendary novelist, the 900,000 Indian soldiers have made Kashmir the largest militarized zone in the world. Indian army has organized and employed violence against civilians to create deep fear among the general population to advance the political and religious agenda of a Hindutva ideology. Does anyone seriously believe that Under ICC Statue, a single Indian soldier or an official would ever be prosecuted before the ICC? Of course NOT. India has sneered at international law for decades and the international community has just yawned.
  
Too often, the international community closes its eyes to the brutal reality of Kashmir because of India’s hegemony in South Asia and its potentially attractive consumer market.  As a consequence, the moral suasion that could jolt India into recognizing its international law obligation to accede to self‑determination in Kashmir is blunted. 

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The world body and saner elements in American policy agencies should take a leaf out of the warning of Arundhati Roy, “Kashmir is the real theatre of unspeakable violence and moral corrosion that can spin us into violence and nuclear war at any moment. To prevent that from happening, the conflict in Kashmir has to be addressed and resolved.” Huff Post, Mar 1, 2019

We call upon the United Nations to use its influence in putting an end of human rights violations especially when the 75th anniversary of the Universal Declaration of Human Rights is being celebrated with great pomp. The UN needs to do more than celebrate anniversaries if it is concerned about ensuring peace, stability and security in South Asia.

Dr. Fai is Secretary General, World Kashmir Awareness Forum. He can be reached at: gnfai2003@yahoo.com www.kashmirawareness.org


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Analysis

Systematic Inhumane Persecution in Jammu & Kashmir

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This written communication draws the attention of the United Nations and its human rights mechanisms to persistent and grave violations in Jammu and Kashmir, which cumulatively raise serious concerns under international human rights law and international criminal law, including the threshold of crimes against humanity.

For decades, the civilian population of Jammu and Kashmir has lived under one of the world’s most militarized environments. Since August 2019 in particular, restrictions on civil liberties have intensified, marked by arbitrary arrests, prolonged detentions without trial, torture and ill-treatment, extrajudicial killings, enforced disappearances, and collective punishment under the guise of national security.

On 24 November 2025, ten UN Special Rapporteurs issued a joint statement condemning “reports of arbitrary arrests and detentions, suspicious deaths in custody, torture and other ill-treatment, lynchings, and discriminatory treatment of Kashmiri and Muslim communities.”

These concerns echo findings previously documented by Michelle Bachelet,the United Nations High Commissioner for Human Rights (OHCHR) in its 2019 report, which warned of an entrenched culture of impunity and lack of accountability for serious violations.

Independent experts on mass atrocities have sounded early warnings. Gregory Stanton, Founder of Genocide Watch, has stated that Kashmir exhibits multiple risk factors associated with genocide, including extreme militarization, denial of identity, suppression of dissent, and systemic impunity.

Freedom of expression and access to information have been severely curtailed. The Committee to Protect Journalists has repeatedly warned that journalism in Kashmir has been effectively criminalized, leaving the population voiceless.

Award-winning journalists and scholars—such as Masarat Zahra and Dr. Nitasha Kaul (British Academic) —have faced harassment, travel bans, and reprisals, including the denial of entry to India, amounting to transnational repression.

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The recent attachment of properties belonging to members of the Kashmiri diaspora who advocate a peaceful resolution of the Kashmir dispute is deeply alarming. These measures appear aimed at intimidating and silencing dissenting voices and preventing the international community from understanding the reality on the ground.

Equally disturbing is the forthcoming trial of Mohammad Yasin Malik before the Supreme Court of India, where the government is seeking the death penalty, a move that has sent shockwaves across Kashmir and among human rights advocates worldwide. The recent convictions of Asiya Andrabi, Nahida Nasreen and Fahmeeda Sofi serve no legitimate purpose other than to suppress political expression and peaceful advocacy.

The continued incarceration of Shabir Ahmed Shah and Masarat Alam, without credible justification, further underscores a pattern of repression aimed at dismantling legitimate political leadership in Kashmir. The prolonged confinement of Khurram Parvez, an internationally known human rights advocate violates all norms of international standards.

These actions collectively reflect a troubling pattern of repression and raise serious concerns under international human rights law. Urgent intervention by the United Nations is essential to protect fundamental freedoms, uphold the rule of law, and prevent further deterioration of the human rights situation in Jammu and Kashmir.

My concerns are consistent with observations made by other United Nations independent experts, international NGO’s, scholars and academics.

Mary Lawlor, UN Special Rapporteur on Human Rights Defenders said on the targeting of Kashmiri civil society: “The continued use of counter-terrorism legislation to silence human rights defenders in Jammu and Kashmir is deeply alarming. Peaceful human rights work must never be criminalized under the guise of national security.”

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Dr. Fernand de Varennes, UN Special Rapporteur on Minority Issues (2020): “Restrictions imposed in Jammu and Kashmir appear to be inconsistent with international human rights norms, particularly those protecting minorities.”

International Commission of Jurists (ICJ): “The prolonged denial of civil liberties in Jammu and Kashmir raises serious concerns under international law, including the prohibition of collective punishment and arbitrary detention.”

Amnesty International: “India’s claims of ‘normalcy’ in Kashmir are contradicted by widespread repression, including arbitrary detentions, communication blackouts, and collective punishment of civilians.”

Human Rights Watch: “Impunity for security forces remains the norm, fostering further abuses and denying justice to victims.”

Timely and principled intervention by the United Nations is essential to restore confidence in the rule of law, protect fundamental freedoms, and bring a measure of sanity and accountability to the situation in Jammu and Kashmir.

This submission urges the United Nations to:

  1. Initiate independent international investigations into alleged crimes against humanity in Jammu and Kashmir.
  2. Press for the repeal or reform of laws enabling arbitrary detention and collective punishment.
  3. Persuade India to release Mohammad Yasin Malik, Shabbir Ahmed Shah, Masar Aalam, Asiya Andrabi, Nahida NasreenFahmeeda Soofi, Khurram Parvez and others immediately.
  4. Ensure access to UN Special Procedures, international observers, and independent media.
  5. Call for accountability and remedies for victims, consistent with international law.

Silence and inaction risk normalizing repression. The situation in Jammu and Kashmir demands sustained international scrutiny and principled engagement.


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Analysis

Kashmir and the Criminalization of Dissent

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The recent conviction of three prominent Kashmiri women leaders—Asiya Andrabi, Fahmeeda Sofi, and Nahida Nasreen—by a National Investigation Agency (NIA) court in Delhi underscores a disturbing trend in India’s governance of Jammu and Kashmir: the systematic criminalization of peaceful political dissent under the guise of counterterrorism.

The three women were convicted under the Unlawful Activities (Prevention) Act (UAPA), a law widely criticized by international human rights experts for its vague definitions, prolonged pre-trial detention, and use as a tool to silence critics. Asiya Andrabi, Fahmeeda Sofi, and Nahida Nasreen are associated with Dukhtaran-e-Millat, a constituent of the All Parties Hurriyat Conference (APHC)—a coalition that has long advocated a peaceful, negotiated resolution of the Kashmir dispute in accordance with United Nations resolutions.

This case is not an anomaly. It reflects a broader pattern in which India’s counterterrorism laws are deployed not to address genuine security threats, but to suppress political expression and civic activism in Kashmir.

International concern over India’s counterterrorism framework is well documented. On May 6, 2020, nine United Nations Special Rapporteurs, together with the Chair of the UN Working Group on Arbitrary Detention, formally warned India that amendments to the UAPA were incompatible with its obligations under international human rights law. They expressed particular alarm over provisions allowing individuals to be designated as “terrorists” without due process, noting that such powers were being exercised in a context of discrimination against religious minorities, human rights defenders, and political dissidents.

Leading human rights organizations have echoed these warnings. Aakar Patel, former Chair of Amnesty International India, observed that authorities were using “bogus foreign-funding and terrorism charges” to intimidate and silence critics, in violation of international financial and legal standards. Human Rights Watch, in multiple reports including one issued in November 2023, has urged India to stop abusing counterterrorism regulations that have created what its Asia leadership describes as a “dangerous arsenal” against civil society.

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The allegations against Asiya Andrabi, Fahmeeda Sofi, and Nahida Nasreen center largely on their use of social media and public messaging that, according to prosecutors, threatened India’s sovereignty and territorial integrity. Yet a closer look reveals that their advocacy focused on demanding the implementation of United Nations Security Council resolutions on Kashmir—resolutions that explicitly recognize Kashmir as a disputed territory and call for the people of the region to determine their political future.

These resolutions were not imposed on India from the outside. They were adopted with India’s participation and, in several instances, with language proposed by Indian representatives themselves. Peacefully invoking international law and UN-mandated processes cannot credibly be equated with terrorism.

Equally troubling is the judicial reasoning employed in the case. The special NIA court relied on domestic legal provisions to claim that the women’s statements were prejudicial to national integration. This ignores a fundamental legal reality: under international law and binding UN Security Council resolutions, Jammu and Kashmir remains a disputed territory, not an internationally recognized part of any UN member state. Advocacy for self-determination in such a context does not constitute secession; it reflects a right recognized under international law.

The judgment also raises serious constitutional concerns. By criminalizing peaceful political expression, it conflicts with basic protections enshrined in India’s own Constitution, including guarantees of liberty, due process, and freedom of expression. When counterterrorism laws are used to punish speech rather than violence, the rule of law itself is placed at risk.///

Among the charges cited is an allegation that Asiya Andrabi hoisted the Pakistani flag and sang Pakistan’s national anthem in Kashmir in 2015. Even if true, the selective criminalization of symbolic expression exposes a glaring double standard. Kashmiri civilians have frequently been compelled under military supervision to display Indian national symbols on official occasions. Symbolic acts cannot be criminalized selectively, particularly in a region governed by extraordinary military measures.

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The conviction of these three women must also be viewed alongside the continued detention of other prominent Kashmiri leaders, including Mohammad Yasin Malik, Shabir Ahmed Shah, Masarat Aalam, and Khurram Parvez, many of whom have been imprisoned for years without fair trial under the same legal framework.

India rightly seeks recognition as a democratic state committed to the rule of law. That claim is undermined when counterterrorism legislation is used to silence peaceful political voices, especially those of women, in a disputed territory. Restoring credibility requires more than rhetoric; it requires adherence to constitutional guarantees and international legal obligations.

The international community—particularly UN Special Rapporteurs and democratic partners of India—must press for the immediate and unconditional release of all Kashmiri political prisoners, including Asiya Andrabi, Fahmeeda Sofi, and Nahida Nasreen, held for peaceful expression. Justice in Kashmir cannot be achieved through repression. Only respect for law, dialogue, and the freely expressed will of the people can offer a path toward lasting peace.


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Biography

🎙️ Dr. Arifa Sayeda Zehra: A Life Dedicated to Education and Social Empowerment

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Dr. Arifa Sayeda Zehra, often referred to as a national icon in Pakistan, was a towering figure whose contributions spanned the realms of education, intellectual history, and social advocacy. Her distinctive voice and profound insights, particularly on the Urdu language, literature, human rights, and social issues, cemented her legacy as one of the most respected intellectuals and humanitarians of her time.

👩‍🏫 The Professional Journey of a Pioneering Educationist

Dr. Zehra’s professional life was characterised by a deep commitment to teaching, academic leadership, and educational reform, particularly for women’s empowerment.

  • Academic Foundation: She built a formidable academic background, earning a Bachelor of Arts (Honours) from Lahore College for Women University, a Master of Arts in Urdu from Government College University, Lahore, and further degrees—an M.A. in Asian Studies and a Ph.D. in History—from the University of Hawaii at Manoa. Her 1983 dissertation, Sir Sayyid Ahmad Khan, 1817-1898: Man with a Mission, reflected her specialisation in intellectual history.
  • Key Leadership Roles: Her career included influential roles at premier educational institutions in Lahore:
    • She began as a lecturer at Lahore College for Women in 1966, eventually serving as its vice principal (1985-1988) and then Principal (1988-1989).
    • She later served as the Principal of the Government College of Women, Gulberg (1989-2002).
  • Later Career and Influence: Post-retirement from formal administration, her expertise remained in high demand. She was a Professor Emeritus of History at Forman Christian College and was a visiting faculty member at numerous prestigious institutions, including the Lahore University of Management Sciences (LUMS) and the National College of Arts (NCA).
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🌟 Key Achievements and Educational Reforms

Dr. Zehra’s impact on education goes beyond her administrative roles; she was a fervent advocate for quality education and language preservation.

Advocating for the Urdu Language

She was celebrated for her immense knowledge and passion for the Urdu language and literature. Dr. Zehra continually advocated for the language’s continued use, accessibility to classic books, and what she termed a “literary revolution” among Pakistani youth to reconnect them with their national heritage. Her televised forums and lectures often explored the socio-cultural context of the language, discussing influences like colonialism and classism on its perception.

Influential Public Service

Her expertise led to involvement in high-level policy and governance:

  • She served as a member of the Punjab Public Service Commission (2002-2005).
  • She was a Caretaker Provincial Minister of Punjab, demonstrating her readiness to contribute to provincial governance.
  • She served as the Special Advisor to the Prime Minister for Education and National Harmony Affairs.

🫂 Impact as a Social Worker and Human Rights Advocate

While she often stated she preferred to work for social change through the platform of education rather than official NGO membership, Dr. Zehra’s contributions to human rights and gender equality are profound.

  • Champion of Gender Equality: Her decision to teach at women’s colleges was deeply rooted in her commitment to female equity and parity. She used her platform to educate women on their basic legal rights and societal roles.
  • Chairperson of NCSW: She served as the Chairperson on the National Commission on the Status of Women (NCSW), a critical position from which she could directly influence policy and legislation to improve the lives and standing of women in Pakistan.
  • Voice for Development and Rights: She was a vocal proponent for basic human rights and holistic development in Pakistan, often discussing South Asian social issues in public forums and conferences. Her intellectual analysis of societal problems helped shape public discourse and raise awareness among various segments of the population.
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💎 The Enduring Legacy

Dr. Arifa Sayeda Zehra’s legacy is one of intellectual honesty, unwavering integrity, and a life dedicated to service. Her passing on November 10, 2025 (at the age of 88), marked the end of an era, but her influence continues.

  • Inspiration to Youth: Her engaging and accessible lectures, which often went viral online, made her an inspirational figure, particularly for the youth, who were drawn to her eloquent articulation of complex issues.
  • Intellectual Depth: She gifted Pakistan a treasure trove of critical analysis on history, society, and literature, constantly pushing for deeper, more reasoned engagement with national challenges.
  • Recognition: Her lifetime of service was recognised through various honors, including the University of Hawaii Distinguished Alumni Awardee in 2016.

Dr. Zehra remains a shining example of how a dedicated educationist can transcend the classroom to become a formidable force for social justice and national harmony. Her work will continue to inspire new generations to seek knowledge and speak truth to power.


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