Building Bridges of Trust: A Call for Justice Rooted in Fairness and Understanding in Kashmir
By: Javid Amin
Srinagar 27 April 2025: In the aftermath of the deeply tragic terror attack in Pahalgam, the quest for justice is both understandable and imperative. The pain inflicted upon the victims and their families demands accountability, and the need to dismantle the terror ecosystem that breeds such violence is paramount. However, as authorities in Kashmir undertake necessary measures to address this challenge, a crucial voice has emerged, urging a path forward that prioritizes justice without resorting to actions that could inadvertently harm innocent civilians and further erode trust within the valley.
Hurriyat Conference chairman Mirwaiz Umar Farooq, while unequivocally condemning the heinous crime in Pahalgam, has appealed to the Centre to ensure that the pursuit of justice does not lead to the collective punishment of innocent Kashmiris. His timely and thoughtful remarks underscore the delicate balance that must be struck between holding perpetrators accountable and safeguarding the rights and well-being of the wider population.
Let’s delve deeper into the nuances of this critical juncture, examining the concerns raised by Mirwaiz, understanding the context of the security measures being implemented, and exploring a path towards justice that strengthens, rather than weakens, the bonds of trust and peace in Kashmir.
The Imperative of Justice: Holding Perpetrators Accountable
The terror attack in Pahalgam was a brutal act of violence that shook the conscience of the nation. The loss of innocent lives demands a thorough and impartial investigation, and those found responsible must be brought to justice according to the rule of law. There is a shared understanding across all segments of society that such acts of terror cannot be tolerated and that the forces behind them must be dismantled.
The authorities’ commitment to cracking down on the terror ecosystem in the valley is a necessary step towards ensuring the safety and security of all residents and visitors. Identifying and neutralizing terrorist elements and their support networks is crucial for preventing future acts of violence and establishing a lasting peace.
Mirwaiz’s Plea: A Call for Fairness and Discernment
In this context, Mirwaiz Umar Farooq’s appeal for the Centre to “not punish innocent Kashmiris in its quest for justice” carries significant weight. His statement, made via a post on X (formerly Twitter), reflects a deep-seated concern within the Kashmiri community that the pursuit of justice might inadvertently lead to the suffering of innocent individuals and families.
His specific concerns revolve around:
- Indiscriminate Arrests: The fear that in the urgency to apprehend those responsible, law enforcement agencies might resort to widespread arrests without sufficient evidence, leading to the detention and harassment of innocent civilians.
- Demolition of Houses and Neighborhoods: The reports and circulating videos of the demolition of houses belonging to alleged terrorists or their overground workers have caused significant distress. While the intention behind such actions might be to dismantle the infrastructure of terror, there are concerns about the impact on the families residing in these houses, who may or may not be directly involved in terrorist activities. The demolition of homes can render families homeless and create a sense of collective punishment, even if unintended.
- The Need for Due Process: Mirwaiz’s statement implicitly calls for adherence to due process and the principles of natural justice. He emphasizes the importance of ensuring that only those who are proven guilty are punished, and that the rights and dignity of all individuals are respected.
His appeal is not to hinder the quest for justice but to ensure that it is pursued in a manner that is fair, transparent, and does not further alienate the local population. He underscores the importance of maintaining the moral high ground in the fight against terror by upholding the principles of justice and fairness for all.
Understanding the Security Measures: Demolition as a Deterrent
The demolition of houses belonging to alleged terrorists or their overground workers is a tactic that authorities in Kashmir have employed as part of their counter-terrorism strategy. The rationale behind such actions often includes:
- Dismantling Terror Infrastructure: The houses of terrorists can sometimes serve as safe havens, meeting points, or storage facilities for weapons and explosives. Demolishing these structures aims to disrupt the operational capabilities of terrorist groups.
- Deterrence: Such actions are also intended to serve as a deterrent, sending a message that those involved in or supporting terrorism will face severe consequences, including the loss of their property.
- Symbolic Action: Demolitions can be seen as a symbolic assertion of the state’s authority and its determination to combat terrorism.
However, the implementation of such measures raises important questions about their effectiveness, their impact on the families involved, and their potential to alienate the wider community.
The Importance of Avoiding Collective Punishment: Lessons from History
The concept of collective punishment carries a heavy historical baggage and has often been associated with injustice and the exacerbation of conflict. When an entire community is made to suffer for the actions of a few, it can lead to:
- Increased Resentment and Anger: Innocent individuals who feel unfairly targeted may become more susceptible to extremist ideologies or harbor long-term grievances.
- Erosion of Trust in Authorities: Such actions can severely damage the trust between the people and the government, making it harder to gather intelligence, foster cooperation, and build a lasting peace.
- Humanitarian Concerns: The demolition of homes can lead to displacement and hardship for families, including women and children, who may have no other place to go.
- Violation of Human Rights Principles: Holding an entire community responsible for the actions of individuals violates fundamental principles of justice and individual accountability.
Learning from past experiences in conflict zones around the world, it becomes evident that sustainable peace is built on a foundation of fairness, justice for all, and respect for human rights.
A Path Towards Justice with Compassion and Wisdom
The challenge for the authorities in Kashmir lies in pursuing justice for the victims of the Pahalgam attack while ensuring that their actions do not inadvertently punish innocent Kashmiris and undermine the prospects for long-term peace. A more constructive and effective approach might involve:
- Focus on Evidence-Based Investigations: Prioritize thorough and impartial investigations that focus on gathering concrete evidence against individuals directly involved in terrorist activities.
- Targeted Actions: Ensure that security measures, including arrests and property seizures, are targeted and based on credible evidence of involvement in terrorism, rather than being broad and indiscriminate.
- Upholding Due Process: Guarantee the right to due process for all individuals, including fair trials and the opportunity to defend themselves against accusations.
- Addressing the Needs of Affected Families: Consider the humanitarian needs of families affected by the demolition of houses, ensuring that innocent individuals, especially women and children, are provided with adequate support and alternative housing.
- Community Engagement and Dialogue: Foster open communication and dialogue with local communities, addressing their concerns and building trust. Engaging community leaders and civil society organizations can help to ensure that counter-terrorism efforts are carried out with sensitivity and understanding.
- Transparency and Accountability: Maintain transparency in all security operations and ensure accountability for any actions that may harm innocent civilians.
- Focus on Rehabilitation and Reintegration: Alongside punitive measures, invest in programs aimed at the rehabilitation and reintegration of individuals who may have been involved in or influenced by terrorism, offering them a path towards a more constructive future.
- Strengthening the Rule of Law: Reinforce the importance of the rule of law and ensure that all actions are carried out within a legal framework that respects human rights and fundamental freedoms.
Building Bridges of Trust: The Long-Term Vision for Kashmir
The path to lasting peace in Kashmir is not solely about security measures; it is also about building bridges of trust between the people and the authorities. This requires a commitment to fairness, justice, and a genuine understanding of the grievances and aspirations of the Kashmiri people.
By ensuring that the quest for justice is carried out with wisdom, compassion, and a deep respect for the rights of all individuals, the authorities can not only hold perpetrators accountable but also strengthen the bonds of trust and pave the way for a more peaceful and prosperous future for Kashmir.
Mirwaiz Umar Farooq’s appeal serves as a timely reminder of this crucial balance. It is a call for a path forward where justice and fairness go hand in hand, ensuring that the pursuit of accountability does not come at the cost of alienating innocent communities and undermining the long-term prospects for peace and reconciliation in the valley.
