The Kashmiri fight for freedom goes, spanning over seven decades since the partition of British India, has been marked by competing claims over the historical state of Jammu and Kashmir by India and Pakistan, resulting in significant human rights concerns and the detention of numerous political prisoners in both Indian-administered Jammu and Kashmir (IAJK) and Pakistan-administered Kashmir, including Azad Jammu and Kashmir (AJK) and Gilgit-Baltistan (GB). The struggle for self-determination, has led to widespread unrest, militancy, and state brutal responses that have often been criticized for violating serious human rights. Below, I address the situation of political prisoners in both sides of the divided state, focusing on key figures like Shabir Ahmad Shah, Yasin Malik, and the leadership of the Gilgit-Baltistan Awami Action Committee, while also contextualizing recent developments.
Political Prisoners in Indian-Administered Jammu and Kashmir (IAJK)
In IAJK, the Indian government has detained numerous individuals, including separatist leaders, under charges often related to militancy, terrorism, or sedition. These detentions have been criticized by human rights organizations for lacking due process, prolonged incarcerations without trial, and harsh conditions. Key figures mentioned include:
- Shabir Ahmad Shah:
- Shabir Ahmad Shah, born in 1953 in Anantnag, is the founder of the Jammu and Kashmir Democratic Freedom Party (JKDFP), advocating for the right to self-determination. He has been detained for significant periods since the late 1960s, with reports indicating he has spent approximately 39 years in various jails, including under the Terrorist and Disruptive Activities (Prevention) Act (TADA) and other charges.
- Shah’s arrests began at age 14 in 1968 for leading demonstrations against Indian governance. His political career includes forming the Young Men's League and later the Jammu Kashmir People's League. He has been detained multiple times, including in 1989 with a militant, and was under house arrest in 2015. Amnesty International in 1994 condemned his imprisonment under TADA, demanding his release due to illegal detention.
- Shah is noted for refusing bail applications, insisting on proper judicial processes, highlighting his stance against what he perceives as unjust detention practices.
- Recent posts on X (July 2025) have raised concerns about his detention, alongside others like Yasin Malik, citing denial of due process and erosion of legal safeguards.
- Yasin Malik:
- Yasin Malik, born in 1966, is the chairman of the Jammu Kashmir Liberation Front (JKLF), which initially spearheaded armed militancy in the Kashmir Valley but renounced violence in 1994 for peaceful methods.
- In May 2022, Yasin Malik said against the fabricated charges that "If seeking Azadi (freedom) is a crime, then I am ready to accept this crime and its consequences" (Al Jazeera and The Diplomat). His wife and daughter who is now 11 years old never allowed by India government to meet him in the Jail as part of mental torture.
- Malik’s detention has drawn international attention, with Pakistan’s Prime Minister Shehbaz Sharif in 2022 calling his conviction based on “fake” terrorism charges, reflecting the polarized narratives around his case.
- The Jammu Kashmir Joint Awami Action Committee (JKJAAC) in May 2025 demanded his release, condemning “enforced disappearances” and detentions in IAJK.
- Others:
- Thousands of other Kashmiris have been reported detained, often without trial or inadequate legal representation. The Kashmir Council for Human Rights has highlighted these detentions, noting the lack of access to legal advice, medical treatment, or family visits.
- The All Parties Hurriyat Conference (APHC), a coalition of pro-freedom parties rejecting colonial rule, has faced significant repression, with leaders like Mirwaiz Umar Farooq, and others detained or restricted at various points.
- Human rights reports, such as those from Amnesty International, have documented the use of laws like the Public Safety Act (PSA) and Unlawful Activities (Prevention) Act (UAPA) to detain individuals without trial, often citing vague security threats. These laws have been criticized for enabling prolonged detentions and stifling dissent.
Political Prisoners in Pakistan-Administered Kashmir (AJK and Gilgit-Baltistan)
In AJK and Gilgit-Baltistan, Pakistan’s control is characterized by limited autonomy, with significant federal oversight over security, judiciary, and policy matters. Political dissent, especially calls for greater autonomy or criticism of Pakistan’s policies, often results in arrests under anti-terrorism or sedition laws.
- Gilgit-Baltistan Awami Action Committee Leadership:
- The Awami Action Committee in Gilgit-Baltistan has been active in protesting against economic hardships, land rights issues, and lack of political autonomy. Leaders of this committee have faced arrests, particularly during protests against rising commodity prices and perceived injustices. They also demand to open the historical routes to Srinagar and Ladakh. The leadership of the Awami Action Committee Gilgit Baltistan including Chairman Ehsan Ali, media officer Waheed Hassan, vice chairman Mehboob Wali, chairman of the AAC-GB youth wing Asghar Shah, Masood Ur Rehman and many others are put behind bars without any trial.
- The Jammu Kashmir Joint Awami Action Committee (JKJAAC) condemned this arrests of political activists in Gilgit-Baltistan, alongside demands for the release of detained leaders in IAJK like Shabir Shah and Yasin Malik and allow their families to see them in the jail particular. Indian government don't issue visa to Yasin Malik wife and daughter to see him in Jail in Delhi.
- Human rights concerns in Gilgit-Baltistan include the use of anti-terrorism laws to suppress dissent and restrictions on freedom of expression, with media outlets requiring permission from the federal Ministry of Kashmir Affairs and Gilgit-Baltistan, leading to self-censorship.
- A 2025 report by Genocide Watch notes that Pakistan should cease using anti-terrorism and sedition laws to suppress dissent and ensure fair compensation and land rights protection for indigenous groups in Gilgit-Baltistan, indicating ongoing tensions over political expression.
- Human Rights Violations: In IAJK, human rights violations including extrajudicial killings, enforced disappearances, and restrictions on freedom of expression and assembly. The revocation of Article 370 in 2019, stripping Jammu and Kashmir of its semi-autonomous status, intensified unrest and detentions.
- In AJK and Gilgit-Baltistan, restrictions on media, harassment of journalists, and arrests of activists are reported. The lack of fiscal and political autonomy, combined with federal control, limits local governance and fuels protests.
Broader Context and Challenges
- Political Prisoners: Both India and Pakistan use legal frameworks like TADA, UAPA, and anti-terrorism laws to detain individuals, often without transparent judicial processes. The cases of Shabir Shah and Yasin Malik exemplify how leaders of the freedom in their anti-colonial struggle are targeted, with their detentions becoming symbols of resistance for their supporters. In Gilgit-Baltistan, Chairman of Awami Action Committee, Advocate Ehsan Ali has reportedly been shifted to the City Hospital, after his health deteriorated while in police custody.
- Self-Determination: The demand for self-determination, rooted in UN Security Council Resolution 47, remains central and most popular view of the people of Jammu and Kashmir from Aksi-Chin to Mangla and from Lakhinpure to Hunza even at this point in time. However, Indian government views these demands as threats to its sovereignty, while Pakistan’s support for such views is also selective, often aligning with its strategic interests.
- International Attention: The UN and human rights organizations have called for investigations into abuses in both IAJK and Pakistani-administered Kashmir. The JKJAAC’s 2025 demands for an independent UN inquiry into human rights violations underscore the need for international oversight.
Critical Perspective
The narrative of political prisoners in Kashmir is is very serious and need international attention. India as colonial power think J&K is its colony and portrays detainees like Shah and Malik as terrorists, citing their history of freedom struggle, while the people of Jammu and Kashmiri view them as their heroes and freedom fighters. The lack of transparency in trials and the use of draconian laws on both sides suggest a pattern of suppressing dissent under the guise of security. In Gilgit-Baltistan, the detention of Awami Action Committee leaders reflects Pakistan’s sensitivity to the regional autonomy demands, avoiding democratic traditions which is in fact a destabilizing factors and we had seen in Indian held J&K, Baluchistan and KPK. The absence of detailed records on these detainees highlights a need for greater scrutiny and documentation.
Conclusion
The detention of political prisoners like Shabir Ahmad Shah, Yasin Malik, and Advocate Ehsan Ali of the Gilgit-Baltistan reflects the broader Kashmir conflict’s complexities, where both India and Pakistan employ heavy-handed measures to control dissent. Shah’s 39 years in detention and Malik’s life sentence underscore the prolonged nature of these incarcerations, often criticized for lacking due process. In AJK and Gilgit-Baltistan, arrests of activists highlight tensions over freedom and economic grievances. While recent India-Pakistan tensions (as of June 2025) have not escalated to full-scale war, the ongoing militarization and human rights concerns demand urgent dialogue and resolution, prioritizing the Kashmiri people’s aspirations for self-determination.
No comments:
Post a Comment