COVID-19 and plight of Kashmiri prisoners

 

The outbreak of novel Coronavirus an epidemic of epic proportions has virtually shaken the entire world, not a single country remained unaffected by the deadly virus, even the most powerful nations with robust economies, state of the art technology and up-to-date healthcare system were shell-shocked and helpless in the face of the pandemic that continues to hold the entire world in its grip despite the passage of several months. As it began to wreak havoc around the world, the world health organization (WHO) declared it as a global pandemic with potential of causing large scale deaths worldwide. “Coronavirus disease (COVID-19) continues to constitute a public health emergency of international concern (PHEIC)”, the WHO Director-General Dr Tedros Adhanom Ghebreyesus said. Simultaneously, the UN Secretary-General António Guterres on 23rd of March called for a global ceasefire urging warring parties across the world to lay down their weapons in support of the bigger battle against COVID-19. Terming it as a threat to humankind Mr. Guterres expressed the highest body’s serious concerns over fragile health care systems in conflict hit states and emphasized that the backdrop of war would make it near impossible to contain a coronavirus outbreak. Realizing the looming threat of the fast spreading virus and its impact on the lives of prison population, the UN High Commissioner for Human Rights Michelle Bachelet made a passionate appeal for the immediate release of prisoners from jails saying that countries must protect people in detention from the COVID-19 pandemic by releasing vulnerable prisoners. The plea for release of prisoners on humanitarian grounds was received with warmth by nations all across the globe. In a bid to stem the spread of the virus many countries including the US, Canada, Germany, Britain, Poland, Italy and even Iran took the lead in releasing thousands of detainees. Interestingly, the BJP Government that has a terrific track record of holding detainees in pathetic conditions in prisons also started to decongest its highly congested jails as per the guidelines set down by the Indian Supreme Court soon after the covid-19 began to strike prisons, jails and detention centers all across India. The Indian Supreme Court had ordered all states and Union Territories to consider releasing all convicts who have been jailed for up to seven years and under-trials awaiting trial for offences on parole to decongest jails.

Since then, the government of Indian has purportedly released over 40, 000 prisoners on bail or parole. But despite the Apex Court orders that these relaxations, it recommended, be extended to under-trial, low risk-offenders and prisoners held in preventive detentions, the BJP government led by Narendara Modi criminally neglected the plight of Kashmiri political and social activists, journalists, and lawyers who have been arrested on trumped up charges. Despite knowing the fact that its jam-packed and unhygienic prisons may be courting disaster for them, the Modi led government shamelessly ignored and refused to take notice of the concerns expressed by Human rights groups and relatives of prisoners from India-occupied-Kashmir.
The world human rights watchdogs such as Amnesty International India, International Committee of the Red Cross (ICRC), Asian Forum for Human Rights, International Commission of Jurists (ICJ), International Federation for Human Rights (FIDH) and World Organisation against Torture (OMCT) in a joint statement issued from Geneva and New Delhi simultaneously while stressing the need for protection of prisoners, especially women prisoners had called upon the Indian government to release Kashmiri prisoners who have been illegally and unjustly detained by the Indian forces during decades’ long turmoil in the region. It is worth recalling here that in the IoK rights bodies monitoring situation in the region have noticed an alarming increase in the prison population ever since the BJP assumed power in New Delhi. The muscular approach that has always been at the core of BJP’s Kashmir policy has led to enormous incarceration rates in the trouble region. According to the data gathered by a civil society group of India, a large number of children of nine to 13 years of age were among the 13,000 civilians the Indian Army has arrested during months-long curfew and the lockdown in the different parts of the occupied territory since August 5, 2019. These children are still rotting in different prisons in northern India and occupied Kashmir and they are not being released even after the outbreak of coronavirus.

Besides, a majority of high profile Kashmiri Hurriyat (pro-freedom) leaders including Nayeem Khan, Yasin Malik, Shabir Shah, Asiya Indrabi and over a dozen other political prisoners hailing from the disputed region are currently lodged in Tihar jail, an overcrowded prison in New Delhi packed far beyond its capacity. Safoora Zargar, pregnant student leader from Kishtwar, Jammu and Kashmir, known for her role in the Citizenship Amendment Act protests is also languishing in the same prison.  Booked under the Public Safety Act (PSA), which permits detention without charge or trial for up to two years, a majority of these incarcerated leaders were arrested by Indian before embarking on its colonial agenda of revoking the state's special status, provided under Article 370. Having endured frequent and intermittent periods of imprisonments this entire lot of resistance leaders now in the age group of 55-65 years are at high risk for the coronavirus due to their poor health conditions. The poor prison conditions, unhygienic food and water and inadequate health care facilities are the key factors influencing the spread of the virus.

As far as the situation in Indian held territory of Jammu and Kashmir is concerned, it has been inexpressibly worse, the least one can say. The reports pouring in from the Kashmir valley give a horrible account of Kashmiris being arrested and subjected to inhuman treatment under the guise of covid19 lockdown. With thousands of detainees lodged in jails and sub-jails across the valley, the families of prisoners are genuinely concerned about their loved ones being at heightened risk of COVID-19. Ironically, the Indian government remains rigidly unmoved in response to demands and the expression of concern by the international community. At a time when prison decongestion measures are adopted and appreciated worldwide to prevent outbreak of corona pandemic the Indian government has brazenly refused to heed the world human rights organizations’ calls for the release of Kashmiri prisoners. This deliberate act to keep Kashmiri prisoners in highly congested prisons is not only immoral and illegal but a serious violation of the basic human rights. Since the coronavirus has entered into a dangerous phase there is dire need that the international community must take concrete steps to ensure the protection of basic human rights of Kashmiri prisoners whose imprisonment was declared by rights groups as unlawful and politically motivated. It is also high time that the UN Secretary General must constitute an international inquiry commission as per recommendations of the report of the Human Rights Commission to examine the human rights violation in Kashmir. It is also imperative that the Indian government should be pressurized to allow the international observers to visit prisons to assess living conditions of inmates who have been deprived of basic necessities of life.