Killing of 3 boys by Security Forces in J & K, NHRC seeks report
New Delhi, 25 July 2005
The National Human Right Commission has taken suo-motu cognizance of media reports of the recent killing of three boys by security forces in Kupwara District of Jammu & Kashmir. It has asked the Secretary, Ministry of Defence, Government of India to send a factual report on the incident to the Commission within two weeks.
The print and electronic media dated 25 July 2005 carried reports of the killing of three innocent minor boys and of a fourth being seriously injured in a shoot out allegedly by security forces in village Bagargund, District Kupwara in North Kashmir on the night of intervening 23 and 24 July 2005. According to the media reports, the 4 young innocent boys namely Bilal Ahmed Shah, Waseem Ahmed Wani, Shabir Ahmed Shah and Manzoor Ahmed Shah aged between 12 and 15 years were returning from a marriage party and without waiting for a response from the children to the challenge given by the security forces they were shot at and fell victim to the shoot out by the security forces. The media reported that the security forces have admitted to it being a case of "mistaken identity". It quoted the spokesman of the security forces as saying that since District Kupwara is a terrorist infected area, the security forces "suspected" the four minors to be terrorists and shot at them.
Reacting to the media reports of the incident, the Commission taking a serious view of the matter stated today that it has always maintained and reiterates that "Right to life" is of crucial significance for every person, every group of people, every class, every nation and as a matter of fact for all humanity. No person who supports human rights can support terrorism, which is a grave violation of human rights. The Commission, however, has always maintained that while terrorism is a clear danger to the world today, it being the most vicious, irrational and senseless kind of violence and, therefore, the war against terrorism has to be fought relentlessly, but that there is no conflict between respect for human rights and combating terrorism. International Humanitarian Law is a part of human rights law applicable even in armed conflicts. Action of the State must be guided by human rights principles, which strike a balance between the enjoyment of freedom and the legitimate concerns for national security. It is necessary for the State and the agencies to strike the balance between the liberty of an individual and the requirements of security of state and sovereignty and integrity of the nation. A proper balance between the need and the remedy require respect for the principles of necessity and proportionality. Since fundamental rationale for anti-terrorism measure has to be to protect human rights and democracy, counter terrorism measures should, therefore, not undermine democratic values, violate human rights and subvert the rule of a law or chill civil liberties of the citizens. The battle against terrorism needs to be carried out in keeping with the international human rights obligations and the basic tenets of the rule of law.
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The National Human Right Commission has taken suo-motu cognizance of media reports of the recent killing of three boys by security forces in Kupwara District of Jammu & Kashmir. It has asked the Secretary, Ministry of Defence, Government of India to send a factual report on the incident to the Commission within two weeks.
The print and electronic media dated 25 July 2005 carried reports of the killing of three innocent minor boys and of a fourth being seriously injured in a shoot out allegedly by security forces in village Bagargund, District Kupwara in North Kashmir on the night of intervening 23 and 24 July 2005. According to the media reports, the 4 young innocent boys namely Bilal Ahmed Shah, Waseem Ahmed Wani, Shabir Ahmed Shah and Manzoor Ahmed Shah aged between 12 and 15 years were returning from a marriage party and without waiting for a response from the children to the challenge given by the security forces they were shot at and fell victim to the shoot out by the security forces. The media reported that the security forces have admitted to it being a case of "mistaken identity". It quoted the spokesman of the security forces as saying that since District Kupwara is a terrorist infected area, the security forces "suspected" the four minors to be terrorists and shot at them.
Reacting to the media reports of the incident, the Commission taking a serious view of the matter stated today that it has always maintained and reiterates that "Right to life" is of crucial significance for every person, every group of people, every class, every nation and as a matter of fact for all humanity. No person who supports human rights can support terrorism, which is a grave violation of human rights. The Commission, however, has always maintained that while terrorism is a clear danger to the world today, it being the most vicious, irrational and senseless kind of violence and, therefore, the war against terrorism has to be fought relentlessly, but that there is no conflict between respect for human rights and combating terrorism. International Humanitarian Law is a part of human rights law applicable even in armed conflicts. Action of the State must be guided by human rights principles, which strike a balance between the enjoyment of freedom and the legitimate concerns for national security. It is necessary for the State and the agencies to strike the balance between the liberty of an individual and the requirements of security of state and sovereignty and integrity of the nation. A proper balance between the need and the remedy require respect for the principles of necessity and proportionality. Since fundamental rationale for anti-terrorism measure has to be to protect human rights and democracy, counter terrorism measures should, therefore, not undermine democratic values, violate human rights and subvert the rule of a law or chill civil liberties of the citizens. The battle against terrorism needs to be carried out in keeping with the international human rights obligations and the basic tenets of the rule of law.
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