For decades, India has been using cowardly tactics to silence the voices of Kashmiri freedom fighters. Under the leadership of Modi, this practice got further impetus. One among such voices is of 56 year old, Muhammad Yasin Malik. He was arrested back in 2019 and in 2022, he was given life imprisonment under trumped-up terrorism charges without a fair trial, physical presence and legal access. Recently, his wife, Mushaal Hussein Mullick, in a video message urged India to allow her and her 12 year old daughter, Raziyah Sultana, a safe entry to meet Yasin Malik in Tihar Jail as per rules under Geneva Conventions on the rights of prisoners. The family has not seen each other and been forcefully divided for almost 10 years.
Article 116 of the Fourth Geneva Convention clearly states, “every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible”. However, despite being a signatory to the Geneva Convention, denying Yasin Malik the right to meet his family depicts India’s sheer disregard for International laws. Several research studies have shown that family visits play an important role in mitigating the effects of anxiety, depression and a sense of hopelessness for the prisoners. This tactic is not uncommon in political imprisonments where the main motive is to break the resolve of the prisoner. Hence, it would not be wrong to say that India, by preventing the Hurriyat leader from seeing his wife and daughter, seeks to weaken his morale and his psychological resilience.
Article 116 of the Fourth Geneva Convention clearly states, “every internee shall be allowed to receive visitors, especially near relatives, at regular intervals and as frequently as possible.”
Additionally, the humane treatment of prisoners is a litmus test for any democratic society. While India takes pride in calling itself the world’s largest democracy, the form of treatment Yasin Malik and tens of thousands of other prisoners are subjected to clearly shows the erosion of democratic norms in Indian society. Moreover, the charges against Yasin Malik, which have been deemed fraudulent, reflect a broader trend of using the judiciary as a tool of political repression. The denial of fair trial, legal counsel, and even the basic right to be physically present during his hearings exemplifies Malik’s case as a gross violation of justice. One can clearly see that the Hindutva regime is seeking vengeance on the Hurriyat leader for raising his voice against the Indian oppression and for rightfully demanding the Kashmiris right to self-determination.
There are also reports that the government of India is seeking the death penalty for the Hurriyat leader on fictitious cases to silence the most powerful voice of Kashmiris freedom movement. The situation in Kashmir is already volatile, and such an action will only fuel further discontent and unrest in the valley. The international community has a role to play in this scenario. Silence or inaction from the world community effectively condones these violations and diminishes the credibility of international human rights frameworks. It is imperative that international bodies and human rights organizations advocate for Malik’s fair treatment and call for an end to punitive measures against political prisoners in Kashmir.
The writer is a freelance columnist.