The martyrdom of Burhan Wani and the recent Indian violence in Indian-held by Fahad Nabeel, Hassan Riaz and Zeeshan Muneer

Research Brief

1 www.cscr.pk Introduction

The Kashmir dispute, lingering on for more than 60 years now, has led to two major wars C between India and . The dispute was supposed to be settled as per the UNSC resolutions. Pakistan still maintains that resolution of the dispute lies in the implementation of the UNSC resolutions. On the contrary, India has refused to abide by the international obligations of holding a free and fair plebiscite in the Jammu and Kashmir. Instead, India still maintains more than 700,000 security men in the Indian-held Jammu and Kashmir (IHJK). The Indian forces have been involved in grave human rights violations and war crimes against the S population of the . Continuous torture, killings of innocent civilians, draconian laws in the form of AFSPA and PSA, etc have created discontent among Kashmiris forcing them to join groups fighting against the Indian rule in the valley.

Burhan Muzaffar Wani was also one of the several Kashmiri youngsters who joined the HuM, one of the several Kashmiri groups fighting Indian rule in the IHK. Mistreatment of Burhan and C his brother in 2010 by the Indian forces compelled him to become a part of the armed rebellion. He was an iconic freedom fighter of the renewed arms struggle against Indian forces. Burhan utilized the social media platform to inspire Kashmiri youth to join him. On 8th July 2016, Burhan, along with his two associates, was martyred by the Indian forces in south Kashmir. Burhan’s martyrdom coincides with Indian Supreme Court’s ruling that the Indian Army and the paramilitary forces cannot use ‘excessive and retaliatory force’ during counter-insurgency R operations in disturbed areas [like Indian-held Jammu and Kashmir]. Following Burhan’s martyrdom, wide-scale protests took place all around the valley. In order to contain the protests, Indian forces resorted to firing on innocent civilians killing more than 60 persons and wounding over 5,500. Analysts believe that Burhan’s martyrdom will inspire more people to join the armed rebellion and will spur the renewed Kashmir freedom movement.

Brief Profile of Burhan Wani

Burhan Muzaffar Wani, also known as Burhan Wani, belonged to Dadsara village of area of Pulwama in the IHK. He was born on September 19, 1994. His father, Muzaffar Ahmad Wani, is a principal of Higher Secondary School in Tral while his mother, a graduate in Science, teaches Quran in Dadsara village. Burhan was considered to be a bright student and scored good grades in his early years of education. He was an active child and liked to play sports, cricket being his favorite. The oppression and brutality of Indian forces which has resulted in the deaths of thousands of innocent Kashmiris and a personal experience of such brutality compelled Burhan to join HuM.

In 2010, 16-year old Burhan went out with his elder brother Khalid Muzaffar Wani to take a ride in the latter’s new bike. The Indian Army soldiers intercepted them and ordered them to bring cigarettes for them. Khalid went to buy cigarettes but the Indian soldiers beat them nonetheless. Consequently, Khalid felt unconscious and his new bike was also damaged. Burhan, along with an accompanying friend, managed to run away but Burhan threatened the Indian Army officers that he is going to avenge what they did to his brother. Six months later- on 16th October-ten days before his Class X annual examinations, Burhan left home saying that he was going to the market. He never returned and joined HuM.

Burhan was part of the new generation of young and educated Kashmiri freedom fighters. He quickly became popular among the Kashmiris, especially its youth. This was due to his use of social media such as Facebook and WhatsApp to spread his message of gaining independence from Indian rule. Burhan became the poster boy of Kashmir's freedom struggle. Unlike most Kashmiri freedom fighters that prefer to hide their faces on camera, Burhan showed his face

2 www.cscr.pk and revealed his identity. He started appealing young Kashmiris to join the armed struggle. His viral pictures and videos made him a household name in the IHK. He was made a member of HuM in 2011 due to his popularity on social media. Burhan's elder brother, Khalid was killed C by the Indian army on April 13, 2015. The army claimed that Khalid was a freedom fighter sympathizer. However, the Jammu and Kashmir police said that it could not confirm whether Khalid had joined the armed rebellion.

The death of his elder brother did not deter Burhan from pursuing the cause of freedom by fighting the Indian forces. Burhan was made the commander of HuM. The government of India S announced Rs 1 million bounty for information leading to Burhan’s arrest. This coupled with social media campaigns and popularity enabled Burhan to include at-least 30 local educated Kashmiris in his group. Burhan, in his videos, clearly stated that he is not against Hindus living in Kashmir and ensured them that they will not be attacked. He was only against the Indian Army which is responsible for uncountable atrocities in the IHK. Recently, Burhan released a video in which he warned to attack separate colonies for Sainiks C and Kashmiri Pandits if they are set up in the valley. In addition, he recently reached out to Hindu pilgrims assuring them a peaceful Amarnath Yatra, which started from July 2, in the following words:-

"A BSF officer had recently said that militants have planned to attack the Amarnath yatra. His statement is absolutely untrue and false. Let me assure you (pilgrims) that we have no plans R to attack Amarnath yatra. They (Hindu pilgrims) are coming here to fulfill their religious duties and we have nothing to do with it,"

The Martyrdom of Burhan Wani

Indian Army and security agencies traced Burhan in Bundoora village of on July 8, 2016. Burhan was accompanied by two other freedom fighters - Sartaj Sheikh and Pervaiz Ahmad. The Special Operations group of Jammu and Kashmir (J&K) Police and 19 Rashtriya Rifles of Indian Army surrounded the village and cornered Burhan and his two associates to a house. During the operation, the Indian security forces faced resistance from local Kashmiris who pelted them with stones. The encounter lasted for almost two hours during which Burhan and his companions were martyred. On the same day, the J&K Police Director General K. Rajendra confirmed that Burhan was martyred during an exchange of fire with Indian Army. Immediately after the news of Burhan’s martyrdom spread, pro-Pakistan slogans were heard in downtown with people coming out along the Srinagar-Anantnag highway, burning tyres and stopping vehicles. Funeral prayers for Burhan were offered in several areas on Friday night. In addition, announcements were also made on public address systems with youths chanting slogan in favor of Wani.

Hurriyat chairman Syed Ali Geelani and Jammu and Kashmir Liberation Front (JKLF) chairman called for a strike to protest Burhan’s martyrdom. Geelani also asked people to participate in large numbers in Wani’s funeral. The PDP-BJP government imposed curfew in south Kashmir and suspended Internet services in many areas. Senior Hurriyat leader Geelani also gives a call for bandh, a form of protest used by political party or a community to declare a general strike, on Saturday. Indian media reported that Indian security forces were preparing for a law and order situation which may arise in the Valley.

According to media reports, an estimated 200,000 people attended Burhan’s funeral prayers in Tral on Saturday morning. Thousands of Kashmiris attended the funeral of Burhan Wani who chanted anti-India slogans. Pakistani flags were waved throughout the funeral procession. Freedom fighters were also presented at the funeral of Burhan Wani who offered him a 21 gun salute. His body was wrapped in Pakistani flag and was buried next to that of his brother Khalid Wani in Tral. 3 www.cscr.pk Aftermath of Burhan's Martyrdom

The news of Burhan's martyrdom spread like wildfire throughout the IHK. The news was met C with large-scale protests throughout the valley. On July 9, violent protests broke out in many parts of Kashmir. At least 15 civilians were killed and more than 200 were wounded on the first day of uprising since the martyrdom of Burhan Wani. Uptill now, more than 60 people have been killed and around 5,500 wounded. The latest violence in the IHK is the worst seen in the Valley since 2010, when 112 protestors died in clashes with Indian forces. In order to quell protests, the Indian authorities imposed a curfew, suspended mobile networks and the S internet in large parts of the Valley and seized newspapers. The use of pellet guns has injured more than 600 people. 185 people suffered eye injuries with 20 people sustaining damages in both eyes.

On 10th July, Pakistani Prime Minister (PM) expressed deep shock over the martyrdom of Wani and condemned the use of excessive force against civilians in the latest C wave of violence in the Valley. Sharif also said that the use of excessive and unlawful force cannot deter the valiant people of J&K from their demand of exercising their right to self- determination in accordance with the UNSC resolutions. The Pakistani PM said that India should fulfill its human rights obligations and its commitments under the UNSC resolutions. Indian External Affairs Ministry Spokesperson Vikas Swarup reacted sharply to Nawaz’s statement and said that it only reflects Pakistan’s attachment to terrorism and its usage as an instrument R of state policy. The spokesperson also asked Pakistan to refrain from interfering in the internal matters of its neighbours.

The UN secretary general Ban Ki-moon expressed concerned over the tense situation in the IHK on 11th July. He also expressed his regret over the loss of lives and injuries in the IHK. The UN secretary general called on all parties to exercise ‘maximum restraint’ to avoid further violence and hoped that all concerns would be addressed through peaceful means.

Meanwhile, senior PDP leader and lawmaker Muzaffar Hussain raised doubts over the conduct of the operation in which Burhan was martyred. He appealed to , chief Minister (CM) of IHJK, to appoint a commission to probe Burhan’s martyrdom. The lawmaker also claimed that the CM was not taken into confidence to carry out the operation against Burhan. Nirmal Singh, deputy CM of IHJK, rebuffed the demand for a court of inquiry into the operation that led to the martyrdom of Burhan.

The UN Secretary General Ban Ki-Moon offered his good offices to mediate peace talks between Pakistan and India, provided the two neighbours accept his good offices. On 15th July, Nawaz declared Wani as a martyr and directed all relevant departments to highlight the Kashmir issue at international fora. India once again asked Pakistan to refrain from further interfering in India’s internal affairs. The Indian Ministry of External Affairs also criticized Pakistan for continuing to glorify terrorists belonging to proscribed terrorist organizations.

Meanwhile, Pakistan continued to raise the Kashmir issue with top UN officials and submitted letters to the UN chief Ban Ki-moon and UNSC President expressing concern over human rights violations in the IHK after the martyrdom of Burhan. Pakistan observed a ‘black day’ on July 20 to protest against the killings of innocent Kashmiris in the IHK by the Indian forces. The Pakistani decision to observe a ‘black day’ angered India, which accused Pakistan of interfering in India’s internal affairs and backing terrorism.

In addition, the Organization of Islamic Cooperation (OIC) expressed serious concern over human rights violations in the IHK by the Indian forces. The OIC’s Independent Permanent Human Rights Commission said the use of excessive force against innocent civilians is condemnable and blatant violation of the fundamental human rights. Furthermore, China also voiced their 4 www.cscr.pk concern over the casualties due to clashes in the IHK. Chinese Foreign ministry spokesman Lu Kang called for ‘proper’ settlement of the Kashmir issue through ‘peaceful’ means. Following Nawaz’s party victory in Azad Jammu and Kashmir elections, the Pakistani PM said C that that we are waiting for the day when the IHK becomes Pakistan. The next day, Sushma Swaraj, Indian External Minister, replied back that the dream of making the IHK a part of Pakistan would never come true.

On 23rd July, Indian home minister Rajnath Singh visited the IHK for a two-day visit. He urged the youth not to engage in stone-pelting and also asked the security forces to refrain from S using the pellet guns against the protesters as far as possible. Rajnath also asked Pakistan to refrain from encouraging Kashmiri youth to take up arms. The United States has expressed concerns over the recent unrest in the IHK and called on all sides to make efforts to find a peaceful solution to the issue. The US State Department spokesperson John Kirby said that the US was in close contact with the Indian government C over the issue. The European Union (EU) expressed grief over the killings of civilians in IHK on 28th July. Michael Mann, the EU spokesperson, urged for calm and maintenance of law and order in the IHK. Mann said that Pakistan and India should involve the Kashmiris in the dialogue process. The spokesperson also added that the EU continues to monitor the situation in the IHK and is R in constant touch with the Pakistani and Indian authorities. Overview of human rights violations in Kashmir

The recent Indian violence against Kashmiris is not something new. The people of IHJK have been facing numerous incidents of human rights violations for more than six decades. The human rights abuses by Indian forces include:-

• Mass killings • Enforced disappearances • Torture • Rape • Sexual abuse • Political repression • Suppression of free speech

Kashmir is one of the most heavily militarized places in the world. The Indian Army has been given immunity to commit human rights violations in Kashmir in the form of Armed Forces Special Powers Act (AFSPA) and Public Safety Act (PSA).

The AFSPA permits the armed forces to arrest and enter any property without a warrant. They are authorized to fire upon or otherwise use force and even causing the death of any person if the security person believes it necessary for the maintenance of public order. Whereas through PSA, a person can be detained for the period of two years without any trial vis-a-vis the detaining authority does not disclose the facts of detention. These special powers make the people of IHK live in a state of constant fear of arbitrary arrests, enforced disappearance, sexual harassment, torture and custodial death.

According to Kashmir Media Service, since 1989, 94,391 Kashmiris have lost their lives, 7,058 custodial killings took place, 135,052 civilians were arrested, and 106,071 houses or buildings have been destroyed. In addition, the Indian forces have widowed 22,816 women, orphaned 107,569 children and gang-raped or molested 10,193 women.

Both Human Rights Watch (HRW) and Amnesty International (AI) have pointed out grave 5 www.cscr.pk human rights violations in Indian-held Kashmir. The AI has indicated that “The Muslim majority population in the Kashmir Valley suffers from the repressive tactics of the security forces. Under the Jammu and Kashmir Disturbed Areas Act, and the Armed Forces (Jammu and Kashmir) Special Powers Act and Public Safety Act, security forces have extraordinary powers to shoot C suspected persons.” The AI highlighted extra-judicial killings of the innocent people by Indian security forces HUMAN RIGHTS VIOLATIONS in its July 2, 2015 report. The report points Jan. 1989 to June 30, 2016 “Tens of thousands of security forces are out Total Killings* 94,391 S deployed in Indian-administered Kashmir … Custodial Killings 7,058 the Armed Forces Special Powers Act allows Civilians Arrested 135,052 troops to shoot to kill suspected militants or Structures Arsoned/ 106,071 arrest them without a warrant … not a single Destroeyd member of the armed forces has been tried Women Widowed 22,816 in a civilian court for violating human rights Childern Orphaned 107,569 in Kashmir … this lack of accountability has in Women Gang-raped/ C 10,193 turn facilitated other serious abuses … India Molested has martyred 100,000 people. More than 8,000 disappeared (while) in the custody of army and state police.” Minar Pimple, a senior director of global operations at Amnesty, said that till now, not a single member of Indian security forces have been tried for human rights violations in a civilian court. R In a 2015 report by the International Peoples’ Tribunal on Human Rights and Justice in Kashmir, and the Association of Parents of Disappeared Persons (APDP), 972 Indian security men were blamed for a range of human rights abuses carried out between 1990 and 2014. The 972 individuals include:-

• 464 Indian Army personnel • 161 Indian para-military personnel • 158 Jammu and Kashmir Police personnel • 189 government gunmen

In September 2015, the Indian Army Northern Command confirmed the life sentences awarded to six Army personnel for the 2010 killing of three youths in a fake counter. It was for the first time, that Indian Army personnel were awarded life terms on such a charge.

In August 2011, the Jammu and Kashmir State Human Rights Commission found 2,730 bodies dumped into unmasked graves in Kashmir. The whereabouts of thousands of other missing Kashmiris is unknown. According to a report, 17,000 people, mostly women, have committed suicide during the last 20 years in the valley.

Overview of UNSC resolutions on Kashmir

The UNSC passed 23 resolutions on the Kashmir issue between 1948 and 1971. The UNSC resolutions on Kashmir issue are not self-enforceable i.e. these resolutions are recommendatory in nature. These resolutions can only be enforced if the parties to the dispute – Pakistan and India – consent to their application. The basic points of the UNSC resolutions are:

• The complaint regarding Kashmir was initiated by India in the UNSC • The UNSC explicitly and by implications rejected Indian claim that Kashmir is legally Indian territory. • The resolutions passed by the UNSC established self-determination as the governing principle for the settlement of the Kashmir dispute.

6 www.cscr.pk Impact of Burhan’s martyrdom on Kashmir freedom struggle

The martyrdom of Burhan Wani has been termed by Indian security forces as their biggest C success in India’s fight against the Kashmiri armed rebellion. But the biggest victory is likely to turn into a pyrrhic victory for India. Many analysts have agreed to the fact that a martyred Burhan Wani is likely to inspire more youths to join armed rebellion against Indian forces than when Burhan Wani was alive. Indian intelligence agencies are already expecting a rise of Kashmiri locals joining the armed rebellion. In the past two years, the number of locals among the new recruits has more than doubled. S According to statistics of J&K police, 31 local youths joined the armed rebellion in 2013. The number of recruits increased to 66 locals between January and September 2015. The last year also witnessed a change in the ratio of local to foreign rebels. The ratio of local to foreign rebels changed from 40:60 in 2013 to 60:40 in 2015.

The octogenarian Hurriyat leader said that “the iconic mujahid’s C martyrdom will give impetus to the push for Aazadi”. Omer Abdullah, former Chief Minister of IHJK, also said that Burhan’s ability to recruit people from the grave will far outstrip anything he could have done on social media.

In a joint statement, the United Jihad Council (UJC), an alliance of 14 Kashmiri organizations fighting against Indian rule in the IHK, hoped that the martyrdom of Burhan Wani will not have R a negative impact on the Kashmir freedom struggle. As a commander of , he inspired dozens of youth to join him in the armed rebellion. His martyrdom will result in inspiring more Kashmiri youth to join the armed rebellion against the Indian forces. Kashmiri youth has joined the renewed armed rebellion due to the failure of finding a solution to the Kashmir issue. The continuous torture and human rights violations have accelerated the pace of the Kashmiris joining the armed rebellion. The martyrdom of Burhan has caused an immediate void in the freedom struggle but the void will be filled by other Burhan-like youngsters.

A policeman told DailyO, an online Indian opinion and commentary platform, that “It is a sad thing that he has been killed. There will be many more like him now but it should continue as it is Kashmir’s pride.”

Conclusion

The immediate task for the Indian security forces is to control the ongoing unrest in the Kashmir Valley, but containing the armed rebellion will be a difficult task for the Indian security forces. The death of Burhan Wani will spur the armed rebellion against Indian forces in coming months as many youths may join the freedom struggle. The recent uprising in the IHK has resulted in the call for a political solution to Kashmir issue by numerous Indian politicians and analysts. The international community has also reiterated the call for solving the Kashmir issue through peaceful means. It is important for India to give a chance to the Kashmiri people to decide about their future. The numerous UNSC resolutions have called for holding a free and impartial plebiscite so that people of J&K can decide about their future.

7 www.cscr.pk Reference

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Accessed July 31, 2016. http://aygrt. isrj.org/UploadedData/4955.pdf • Shaukat, Sajjad.“Amritsar Treaty: Endless agony of Kashmiris.” Pakistan Observer, March 17, 2016. http://pakobserver.net/2016/03/17/amritsar-treaty-endless-agony-of- S kashmiris/ • Zulfiqar, Taimur. “Kashmir on fire.” The Manila Times, July 18, 2016. http://www. manilatimes.net/kashmir-on-fire/274587/ • Burke, Jason. “Indian forces in Kashmir accused of human rights abuses cover-up.” , September 12, 2015. https://www.theguardian.com/world/2015/sep/12/ indian-forces-kashmir-accused-human-rights-abuses-coverup C • Ehsan, Mir and Pranav Kulkarni. “Machil fake encounter case: Army confirms life sentences for its six army personnel.” The Indian Express, September 8, 2015. http:// indianexpress.com/article/india/india-others/machil-fake-encounter-case-life-sentences- of-six-army-personnel-confirmed/ • “India: Investigate Unmarked Graves in Jammu and Kashmir.” Human Rights Watch, AUGUST 24, 2011. https://www.hrw.org/news/2011/08/24/india-investigate-unmarked- R graves-jammu-and-kashmir • Banday, Khalil A. “Kashmir: Paradise or a Barricaded Valley.” The Milli Gazette, June 28, 2016. http://www.milligazette.com/news/14460-kashmir-paradise-or-a-barricaded-valley • Ahmad, Wajahat. “Kashmir And The United Nations.” CounterCurrents.org, August 27, 2008.http://www.countercurrents.org/ahmad270808.htm • “Kashmir - The History.” Pakistan Mission to the United Nations. http://www.pakun.org/ kashmir/history.php • RAMACHANDRAN, SUDHA “Kashmir needs big political steps to stop mounting violence.” Asia Times, JULY 11, 2016. http://atimes.com/2016/07/kashmir-needs-big- political-steps/ • http://atimes.com/2016/07/kashmir-needs-big-political-steps/ • “Burhan Killing: Kashmir Valley locked down, 4 Injured In Clashes.” Nagpur Today, July 9, 2016. http://www.nagpurtoday.in/burhan-killing-kashmir-valley-locked-down-4-injured- in-clashes/07091249 • Iqbal, Sheikh Zafar and Divyanshu Dutta Roy “Burhan Wani More Dangerous In Death Than In Life, Says .” NDTV, July 09, 2016. http://www.ndtv.com/india- news/burhan-wani-more-dangerous-in-death-than-in-life-says-omar-abdullah-1429592 • “UJC pays tribute to Burhan, his associates.” Greater Kashmir, July 10 2016. http://www. greaterkashmir.com/news/front-page/ujc-pays-tribute-to-burhan-his-associates/222552. html • Shah, Fahad. “Burhan Wani’s killing could fuel a new-age militancy in Kashmir.” DailyO, July 10 2016. http://www.dailyo.in/politics/burhan-wani-kashmir-hizbul-mujahideen- omar-abdullah-millitancy-social-media-tral-srinagar/story/1/11659.html

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Fahad Nabeel studies Journalism and Mass Communication from the Virtual University of Pakistan. He is Junior Research Fellow at CSCR. Fahad has considerably researched on regional Geo-political issues and C militancy trends. He also contributed his articles occasionally. He can be reached at [email protected]

Zeeshan Muneer has completed his LLB from Punjab University S and a degree in International Relations from National Defense University Islamabad. He has a deep interest in international affairs and International Humanitarian Law. He is employed as a Research associate in CSCR and is C part of CSCR Research Team. Hassan Riaz The writer is an International Relations graduate from National Defence University,Islamabad. He has been working with Pakistan House and SASSI in the past, currently he is working with CSCR. He has completed his thesis on 'US Iran Nuclear Deal its implication on R region'. His areas of interests includes domestic problems of Pakistan and on going turmoil in Middle East generally and Iran specifically.

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