Exploring the Concept of Torture: An Analysis of Kashmir Valley

Abstract

AbstIndia is considered as world’s largest democracy. The country has a civil society, free media, and independent judiciary. Still, the country is engaged in quotidian violence like torture, which is widely prevalent in the name of national security, investigation crimes, extracting information and punishing criminals. Torture is an instrument of state power in an authoritarian system which applies all means to silence the political opponents or bend them towards rule of law. Nevertheless, torture occurs in the democratic countries in which rule of law is highly respected likely in maintaining peace and public order, national security and fight against terrorism. It is clear that in democracy when the rights of an individual have been weakened and are on the mercy of those who are in power, the result is that quotidian violence and other cruel punishments can occur. Torture is a brutal method of social and political control which relies on complex networks of technology, training, facilitators and perpetrators. It demands classified structures located within enclaves of barbarism in order to achieve its aim of inducing terror. Modern states have built burgeoning detention facilities like immigration centers, prisons and police cells that engage in torture and other cruel, inhuman treatments. The law enforcement agencies engage in torture and other cruel, inhuman and degrading treatment or punishment in the name of counter-terrorism, security threats and soon. The states use violence like methods to control and terrorize its people to maintain the status quo or to destroy internal or external political, ideological or military threats. The state uses torture and makes it clear that enhanced interrogation techniques make a person from kidnapping to extraordinary rendition, from citizen to unlawful enemy combatant and from human to terrorist. The valley of Kashmir faces torture and other cruel inhuman treatments since the insurgency began in 1990’s, with the violent uprising and have elicited terrorism. Methods of torture are used as a tool of counter-insurgency by Indian security forces. The government of India used all efforts to crush the movement of self-determination of Kashmir. The strong response from India violates the human rights and international humanitarian laws. The law enforcement agencies, army, and para-military forces have engaged in reprisal attacks against civilians resulting in indiscriminate firing, search operations, gang-rapes and burning of houses in the valley. After 1990, the situation in the Kashmir valley deteriorated and Kashmir was declared a disturbed area and laws like Disturbed Area Act (DAA) 1990, Armed Forces Special Powers Act (AFSPA) 1990 and Public Safety Act (PSA) 1978 were imposed. The purpose of the paper is to examine the concept of Torture in Kashmir.