UDHR, Constitutional terrorism and Kashmir


UNIVERSAL Declaration of Human Rights is a legal instrument -recognized by UN at its 183rd session on 10 December 1948 as Resolution 217 — that comprises some principles which protect the primary rights of all and sundry irrespective of race, religion, sex, creed, and colour. The codified document contributes to the certain defined international laws regarding human rights. All states are required to formulate their constitutions and laws under the aegis of the principles. Not even a single segment of any society can be deprived of the fundamental rights as mentioned in the Universal Declaration of Human Rights. UN is liable to ensure fair implementation of human rights by channelizing its other bodies. However, unfortunately, the laws and principles could not be rationalized in a practical way because of the gross violation of human rights in a number of parts of the world; Indian occupied Kashmir is one of them. Some days ago, India also committed “constitutional terrorism” by abrogating the Articles 370 and 35-A that is totally against the principles or articles of UDHR.
We can observe the blatant breaches of human rights in multiple regions. But UN has a very confined role and limited implication. Syria, Iraq, Yemen, Palestine, Kashmir and other parts of the world are sweltering in the heat of grave violation of fundamental rights in the shape of mass killing, rape, child abuse, and mental torture. It seems in the ongoing prevailing condition of human rights that “every state for itself” rather than for humanity is getting ascendency and UN also follows the footsteps by narrowing its purpose and rights for bringing peace and protecting human rights. According to the Universal Declaration of Human Rights, there are some rights which are granted to every human being who takes birth on the planet. These rights are non-derogable. The term “non-derogable” mentioned in UDHR refers that these primary rights can never be violated even in the condition of emergency. For instance, Article 1of Universal Declaration of Human Rights states “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.” But we can examine the blatant violation of the UDHR Article in Kashmir, Palestine and other parts of the world. But the scrapping of the Article 370 by India that granted constitutional protection to the special status of India-occupied Kashmir and empowered Jammu & Kashmir to formulate her own laws by retaining the identity of more than 94% Muslims of the IoK, is violation of the 1st Article of UDHR.
Furthermore, article 2 of the Universal Declaration of Human Rights endorses and protects due freedom and liberty without any discrimination by stating that “everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or another status.” Sadly, the Article has been violated at large levels in India-occupied Kashmir for many decades by raping girls, slaughtering people, making blind to protesters by using pallet-guns and depriving Muslims of Kashmir of the non-derogable rights which have been granted and protected by UN for all human beings. The scrapped Article 35-A ensured that citizens of the Indian occupied Kashmir would enjoy separate fundamental rights, and property rights as compared to other parts of India. Indian Govt not only committed the gross violation of Universal Declaration of Human Rights by snatching and wresting the separate identity and provision of primary rights of Kashmiris, but also legalizes “constitutional terrorism” against human beings.
Article 3 of Universal Declaration of Human Rights reaffirms freedom, liberty and security of all and sundry by stating that “everyone has the right to life, liberty and security of person.” For many decades, Indian troops have been violating the Article under the nick of UN and the global community. But the 3rd Article, by abrogation of the article 370 and 35-A, has been rejected officially by India. More alarming is the silence of UN and the rest of the leading powers in terms of practical actions. The League of Nations collapsed because of inadequate measures against the states that violated its principles. Only passing statements, introducing courses, conducting conferences and engaging world in dialogue on human rights will never give a practical solution to the world to save human fellows from the atrocities of sanguinary nations, nor will it help UN to retain its repute in future. So, humanity is under the challenges at two levels; international level, and governmental level. UN along with leading world powers needs to address the challenges at all levels to save humanity.
Last but not least, UN should liberate itself from the shackles and monopoly of international powers which misuse its laws and structure for the sake of preservation of their legitimate and illegitimate national interests. UN should take immediate actions on the minor and major violation of its laws and constitution by deploying UN police and peacekeeping missions. It must force India to repeal the presidential order and legislation that wrenched the special status of Kashmiris. UN Police and peacekeeping missions should be sent to the India-occupied Kashmir to implement the UDHR in more effective ways. If UN buries its hatches and only passes statements of condemnation of the violation of human rights from the Indian side, there would be a threat to UNO in the womb of time. Because it would be considered a failure of UN to not bring peace in the world by stopping the violation against human beings, and perhaps, it may get collapsed like the League of Nations. So, UN along with the permanent members of the Security Council must take practical steps against “Constitutional Terrorism” of India, and let the Kashmiris to enjoy their basic rights.
— The writer is senior content WANGARD International, a leading IT Solutions company in Lahore.

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