– An assessment of the ground situation from 1999 to July 2002

This briefing paper is an overall assessment of the human rights situation on the ground in Jammu and Kashmir for the period May 1999 to July 2002. The report documents human rights abuses in the State and suggests ways to protect the rights of people, providing pointers to the State Government and to the Government of India.

Arrestees in India are often physically restrained in the name of security. Mandatory handcuffing has been held by the Supreme Court as violation of Article 21 of the Constitution. International law also addresses the issue of handcuffing. The lack of opposition from the legal profession and civil society is the result of attempts by the police to have handcuffing made mandatory. This report aims to provide that missing voice  to make the case that mandatory handcuffing is not only unnecessary and inhumane, but also illegal.

The Vishwa Hindu Parishad (VHP), a key element of India’s right-wing Hindu fundamentalist movement, has applied for for General Consultative Status with the United Nations Economic and Social Council (ECOSOC).

This paper contends that the VHP is not eligible for ECOSOC status. The organisation has been instrumental in instigating and carrying out violent attacks, destruction of property and religious monuments, forced conversions and other activities targeted against Muslim and Christians minority groups. Its actions violate a number of domestic and international laws. It does not fulfil the principles and spirit of the UN Charter upon which ECOSOC’s work is founded. SAHRDC suggests that ECOSOC consider the severity of these violations when it reviews the VHP’s application.

The report presents the history and philosophy of VHP; provides an account of violence committed against Muslims and Christians; and explains the roots of the Hindu fundamentalist movement and the methods utilised by the VHP to further its agenda.