Imbroglio

The state is supposed to protect its people from any harm. But what happens when the state stays silent in an act of violence?

Some wounds don't heal. Image source: The Wire

It is a gift and curse to live in certain places. However, as a citizen of this country who does not live in Kashmir, living there sometimes seems like a curse.

The people of Kashmir valley live in fear. They never know which day might be their last. Not that terrorists would threaten them all the time, but sometimes, the state that's supposed to protect them openly fires at them.

The Hazratbal Shrine is a sacred place and is said to be home to a strand of hair of Prophet Muhammad. Millions of devotees visit the shrine every year, and the Kashmiris who live there offer their prayers weekly.

In October, the Indian Army surrounded the Hazratabad Shrine because they had received information about some militants hiding there. Though their fears were justified because militants and extremists had been rebelling against the Indian rule, the Army's infiltration of the shrine only invited greater hostility from the residents.

On 22nd October 1993, some people led a peaceful protest against the siege of the shrine while many people went to the holy site for their namaz.

Had people known what was to befall them that day, they'd have hugged their loved ones tighter, said a prayer for their protection, shared a meal with them before they left, told them they loved them, and if possible, convinced them to stay home that day.

When the procession led by the people demanding the end of the siege was about to reach the shrine, the BSF blocked the street and fired indiscriminately.

Many died, and scores were injured. The entire street was stained with blood. People saw their friends and loved ones injured, or worse- dead. There was nothing they could do. Young students lost their lives. So many dreams were killed that day.

There was a media blackout in Kashmir. The following day when local and foreign journalists tried to cover the incident, the Army fired at them to deter them from entering the town.

The violent imbroglio put significant pressure on India to conduct a magisterial inquiry into the incident. The BSF unit at Bijbehara was withdrawn, and a commissioner was appointed to investigate the proceedings. Surprisingly, when the investigations were over, the final report concluded-  "firing upon the procession was absolutely unprovoked and the claim made by the security forces that they were forced to retaliate against the firing of militants for self-defense is baseless and concocted"

This gross violation of human rights and the act of violence did not go unnoticed by the NHRC, and it immediately ordered the reports from the incident. The NHRC tried its best to assure fair acquittals and convictions. But in a non-public trial held in 1996, acquitted the accused men, and the NHRC's request to look at the court files was refused.

The NHRC was 'deeply disturbed' when its attempts to bring people to justice and review the matters relating to the incident were met with a stonewall.

It's hard to determine the perpetrator and the victim in such cases. Even if insurgents were hiding in the shrine, and the BSF was justified in shooting at the crowds, then it was perhaps a necessary move to prevent a greater tragedy. But the information was made confidential and the NHRC was kept in the dark due to the limitations imposed on it.

28 years since the massacre, the valley has still not known peace. Our only hope remains that the state protects its people, regardless of where they might be.