Of 92 complaints, 79 disposed off; only 3% get monetary relief
The Government of India (GOI) has received 92 complaints of human rights violations against forces under Armed Forces Special Powers Act (AFSPA) from Jammu and Kashmir in three years.
However, only 3 percent cases in the State have been paid monetary compensation .
In reply to an RTI application moved by Common Wealth Human Right Initiative (CHRI), the Union Ministry of Home Affairs data reveals that of 186 rights violation (HR) complaints from states of North East and Jammu and Kashmir, 92 complaints were received from J&K from 2012 to January 2016.
As per the data, J&K accounted for 49.5% of the HR violation complaints against forces in various categories under AFSPA.
MHA data shows that monetary relief to the tune of Rs. 6.47 crores were recommended in 117 cases received from seven states including J&K from Jan 2012 to 2016.
“The monetary relief of Rs 21 lakh was recommended in only five cases found to be eligible for monetary relief in J&K,” reveals the data.
It states only 3 per cent cases have been provided monetary compensation by the GoI.
However, it is not known whether this was ex gratia relief granted or compensation awarded.
In J&K, AFSPA remains imposed in districts of Anantnag, Baramulla, Badgam, Kupwara, Pulwama, Srinagar, Jammu, Kathua, Udampur, Poonch, Rajouri and Doda.
“Assam, which accounted for less than a third of the complaints, received the largest proportion (48%) of monetary relief recommended by GoI. In 57 cases from Assam, monetary relief was recommended to tune of Rs. 3.10 crores," reads the MHA reply.
It disclosed that of 92 complaints received from J&K against the armed forces, only 79 cases were disposed off by MHA.
However, the data does not indicate whether these complaints were found to be true or false.
These HR violation complaints range from abuse of power to causing deaths.
About 40% of the complaints are clubbed under the category-- "defence forces" without any remark as to what kinds of complaints they were.
Under this category, J&K accounts for 56 complaints from Jan 2012 to Jan 2016. “Of 56 complaints, 23 were received in 2012-13, 14 in 2013-14, 2014-15 and of 8 complaints only 1 remains pending in 2015-Jan 2016,” reveals the MHA data supplied to RTI applicant, Venkatesh Nayak Programme Coordinator, Access to Information Programme Commonwealth Human Rights Initiative.
It disclosed that a single complaint of abduction/kidnapping was received in 2012-13 while 3 abduction/ rape complaints were received in 2013-14 and 1 in 2014-15.
All these complaints have been disposed off, according to the MHA data.
It further discloses that nine complaints were registered for “abuse of power” and off of them were disposed off.
“6 complaints were received by MHA against the fake encounters. Of the six complaints, four are pending while two have been disposed off. Under ‘Arbitrary use of Power’, a single complaint has been disposed off,” reads the MHA data.
As per the data, a single complaint of “death in army encounter” was received by MHA and it was disposed off.