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Piercing Face and Body by Hundreds of Iron Balls: Pellet Guns In Jammu and Kashmir Violating Human Rights

Published: Oxford Human Rights Hub (faculty of law, University of Oxford)
And in Op-Ed,  Kashmir Times, 2 July 2015
Ravi Nitesh 22nd June 2015 
OXHRH

It has become a trend in law enforcement that for every problem, there is a single solution: the use of force. This trend extends to Jammu and Kashmir (India), where state authorities are using force as a form of crowd control, arming themselves with lethal and non-lethal weapons and inflicting series injuries on demonstrators. 

http://ohrh.law.ox.ac.uk/wordpress/wp-content/uploads/2015/06/2011888589_9ad4e3e2f5_z.jpg" alt="The paramilitary forces and J&K policemen firing the pellet guns have been accused of using them at close range, aiming at the chests and heads of protesters." class="CToWUd a6T" tabindex="0" />

Jammu and Kashmir is a state where the permanent deployment of security forces has been maintained by the Government of India to fight cross border insurgency and infiltration. A conflict is being fought between India and Pakistan for sovereignty over the region, known as the infamous ‘K-issue’. Regular ceasefire violations, border skirmishes and terrorist acts continue to this day. Throughout all of this, the deployment of central security forces with extraordinary powers like AFSPA, 1990 and local police with PSA has resulted in serious human rights violations in the region, including many incidents of fake killings, mass graves, rapes.

Based on critical findings that security forces had regularly opened fired on peaceful protestors, the Government of India began to adopt ‘non lethal’ weapons, introducing pellet guns and pepper guns from 2010 onwards.

The paramilitary forces and J&K policemen firing the pellet guns have been accused of using them at close range, aiming at the chests and heads of protesters. So too have they ignored government advice by extending their use beyond the capital, Srinagar, to the downtown areas of the city, as well as in villages.

Recently, it was reported that Hamid  Nazir  Bhat, a  16 year old boy from Palhalan village (Jammu and Kashmir), had lost vision in his right eye after it was pierced by pellets, while more than a hundred iron balls  pierced his face and body. It’s claimed that Bhat was taking part in protest when police shot him, however his family claims that he was actually going to an after school tuition class.

A report outlined that one cartridge of pellet guns contains 400-500 pellets, resembling ball bearings. They come in grades of 5 to 12, five being the largest, fastest and with the widest range. Though written instructions have been given to use the number 9 pellet for crowd control, as it does not cause lasting damage, the directive isn’t followed. In villages number 6 and 7 pellets are being used regularly.

Though no definitive record of those injured by pellet guns in recent years is available, some figures suggest more than 700 people have suffered extreme injuries as a result of hundreds of the iron balls penetrating their skulls, face and eyes. Approximately 70% of victims have lost sight in one or both eyes. Proper treatment and recording of injuries is also made difficult due to police spies recording victim’s details with the intention of arresting them and often extorting money.

Pellets are being used by security forces in a manner that violates the UN Basic Principles on the Use of Force and Firearms by Law Enforce.... The Basic Principles state that law enforcement shall, as far as possible, apply non-violent means before resorting to the use of force and exercise restraint in such use and act in proportion to the seriousness of the offence and the legitimate objective to be achieved. Furthermore, it requires that governments shall ensure that arbitrary or abusive use of force and firearms by law enforcement officials is punished as a criminal offence under their law.

By paying scant regard to such concepts, officials are inflicting serious injuries and ‘permanent disability’ to protestors. It is unclear whether any standard operating procedures are in use or not. There is also a lack of protection for those injured by pellets as they are subject to further harassment from the police and military during their care at hospitals.

public interest litigation case filed in the High Court of J&K was dismissed on the basis of insufficient research. However, after a state minister in the J&K government demanded the end of the use of pellet guns, and criticism fromAmnesty International and Doctor’s Associationpolice officials have hinted that the guns may be withdrawn from their armoury. Hopefully the practice will end before more protestors are shot.

By:

Ravi Nitesh

Twitter: @ravinitesh

Citations

Ravi Nitesh ‘Piercing Face and Body by Hundreds of Iron Balls: Pellet Guns In Jammu and Kashmir Violating Human Rights’ (OxHRH Blog, 22 June 2015) a href="http://ohrh.law.ox.ac.uk/piercing-face-and-body-by-hundreds-of-iron-balls-pellet-guns-in-jammu-and-kashmir-violating-human-rights/" target="_blank">http://ohrh.law.ox.ac.uk/piercing-face-and-body-by-hundreds-of-iron...> [Date of Access]

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Comment by Balamurali Balaji on July 2, 2015 at 9:38
Dear Ravi Nitesh,

Very informative news you've posted. Thanks for sharing.

Not only in J&K, in all Indian states, the Police force, deployed army personnel and the law enforcement troops shall have to learn these technicalities in dispersing the crowd or rioting protestors as they take on the measures to bring peace and normality.

It is sad that a PIL has been dismissed on the grounds of research. Isn't it be based on the technicalities and limits set by the guidelines of use of arms and alternative tools they use in order to contain the arousing crowd?

Law enforcement forces must be properly instructed on how to use arms and tools. There were many other incidents which I read in newspapers:

"A policeman shot himself accidentally while cleaning his gun!"
"Army men killed a child mistakenly!"
"Army men shot a boy found plucking mangoes within the military campus!"

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