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Orphans Of Jammu And Kashmir
Await Justice

By Syed Junaid Hashmi

19 July, 2007
Countercurrents.org

Dismayed at the response of the civil society, state government and separatist organization, Orphans of the seventeen year old conflict look intently, seeking parenthood rather than an orphanage where they continue being orphans. Their thoughts seek natural augmentation, and feelings long for a responsive civil society but they get neither of the two, hence encumbering their proficiency and aptitude.

Several Human Rights Organizations including Amnesty International (AI) and Human Rights Watch (HRW) have documented plight of a few hundred orphans, indicted the state government of violating humanitarian laws while dealing with children across the state but have failed miserably in ensuring that dignity of orphans is taken care of and they are brought up in a congenial, caring and inspiring atmosphere.

Dreaming of a bright future, these orphans find no takers. Be it the Healing Touch Policy or slogan of " Khushaal Kashmir", these unfortunate sons and daughters of the soil are yet to find a place for themselves in the policy matters of both mainstream and separatists parties claiming to represent electorate and aspirations respectively.

Interestingly, mainstream political parties hold state government responsible for the miserable plight of orphans while separatists stress that their efforts are bearing fruits. Separatists maintain that various orphanages are working across the state and providing much needed help to Orphans. But, they too accept those trauma surrounding the lives of orphans continues to haunt them.

Shockingly, the response of the state government to the orphan problems is a relief package under which the family of each killed is expected to receive an ex-gratia relief Rs. 1.00 lakh or a little more than that. But state provides ex-gratia relief to the orphans, only after they produce a non-involvement certificate duly certified by state police absolving that their parents were not directly or indirectly associated with any militancy related activity. This criterion prevents relief to be given to orphans created by the security forces. However, even for the rest, the children of innocent civilians, the relief is a mirage today.

Another disconcerting fact is that there have been reported incidents of security forces raiding the orphanage run by the NGOs and other agencies. Reports indicate that orphans are brutalized, abused and mentally tortured. Thousands of orphans are being exploited, particularly the female folk and the civil society is yet to break its silence.

Disgruntled at the attitude of the members of civil society, the only place for survival of orphans are orphanages. A survey conducted by Jammu and Kashmir Yateem Trust in 1997 reported that number of orphans across the state is 15, 308. However, the number was disputed by the state government which insisted that the number was 5,000 only.

The survey also revealed that majority of orphans live in penury and extreme poverty, contradictory to what state government had been claiming. Another survey conducted by Department of Education in Kashmir University (KU) revealed that orphans between age group of 0-6 and 6-14 live in a state of depression and dreariness. The survey further maintained that 2.5 lakh orphans in the age group of 5-14 years live in deplorable conditions.

Report prepared by Department of Sociology in Kashmir University (KU) maintains that 57 percent of orphans live under contemptible conditions working as handicraft workers, 7 percent work as domestic slaves, 8 percent work as cleaners in automobiles, 9 percent work as Salesmen and 4 percent as hotel bearers in an unreceptive atmosphere and get meager wages.

National Crime Records Bureau reported 57 cases of crime against children in the state, including 4 murder cases, 4 rape cases, and 48 kidnapping cases, among others, during 2005. It stated that children were the disproportionate victims of the armed conflict. A report prepared by an NGO put the figure of orphans around 40,000 children.

Another study conducted by the Institute of Jammu and Kashmir Affairs stated that 57.3 percent of children have become fearful, 55.3 percent suffer from depression and 54.25 percent cannot sleep properly in Kashmir region. While in Jammu region, the corresponding figures were 51.17 percent, 25.98 percent and 41.17 percent respectively.

The report said that security forces also allegedly used children as "human shields" during anti-insurgency operations. Citing an example, the report says that on November 11, 2005, security forces allegedly picked up eight boys and used them as "human shields" during an encounter in Shah Mohalla, Palhalan-Pattan in Baramulla district. While two of these boys identified as Shabir and Aijaz were killed in the gun battle, the other six children escaped from custody.

Savera, a reputed non-government organization (NGO) put the figure orphan children at around 7,600 children. It says that the most affected districts where the number of orphans is highest are Kupwara in North-Kashmir and Budgam in central Kashmir. Srinagar is at number three while Doda at number four.

A report of the human rights watch says "The miserable plight has shaken the conscience of human rights organizations. But nothing has been done for these helpless destitute. Thousands of children are starving and living a life of misery and acute poverty. The desperate and miserable situation of the increasing orphans and unmarried maidens is compounded the problem in North-East especially in Jammu and Kashmir."

The report further says that number of Orphans, Widows, Physically tortured and disabled people has increased during the last seventeen years in Jammu and Kashmir. Researchers say that pain and agony of a multitude of orphans astounds the human conscience for its total negligence and responsibility towards these unfortunate children.

When contacted, a highly placed official of social welfare department said that state government is yet to find out total number of orphans in the state. "No one is serious about addressing the concerns of the orphans, a compensation of Rs.75,000, of which Rs 5,000 goes as bribe to local officials is what all a orphan gets from the state government, that too in a few cases," added the official.

A senior leader of congress on the condition of anonymity said that plight of orphans would have been appalling, if volunteers would not come out and opened homes at various places across the state for the orphans. "State government is incapable of addressing the issue of orphans, it is yet to disburse money and provide justice in proven cases of human rights violation, how can one expect it to do something for the orphans across the state," stressed the congress leader.

Separatists who claim to represent the local aspirations responded but without much success. They gave statements, condemned the ghastly action of security forces and kept the orphans alive in their political discourses. But what according to many they could have done, they failed to do.

"Children are the fulcrum of parental aspirations, hope of nation and builders of tomorrow. It is incumbent and highly desired that these children are properly educated so that they attain a high calibre, character and develop a balanced personality. Need is to rename our trusts as Homes of hope and not Yateem trusts," said senior separatists leader Shakeel Ahmed Bakshi.

He added that it is the genuine right of these innocents that they do not get exploited by any one. "It is the fundamental and moral duty of every civilized society to create conditions for proper upbringing of the orphans and take necessary steps for providing education and infrastructure to this hopeless lot so as to harness their talent. Let us stop calling them orphans from today," added the separatist leader.

To cope up with the alarming situation of orphans in the state, it needs peaceful atmosphere, bulk of funds and long term projects. More so the children should be declared peace zone. Community based awareness programmes should be launched. The neglected orphans need immediate rehabilitation and help.

Prior to the ongoing conflict in the state, we had only one orphanage run by an NGO and only two homes run by the social welfare department. Now we have ample number of orphanages and Bal Ashrams in the state but accountability has gone missing. Homes for the orphan have been declared insufficient by various international organizations.

It is imperative for the security forces and NGOs to realize the need of hour and heal the wounded souls of these tender buds. The role of society is very important in protecting the child from deprivation of childhood experience.


1. Usage of words like Orphan, Orphanage, destitute should be minimized.

2. Orphanages should not be named as "Yateem Khana, Home for Orphans etc."

3. Special care should be taken while naming an "orphanage."

4. Names like Father's Home, Mother's Paradise, My Parental Home, Mera Ghar, Shanti Van, Khawaboon Ka Ashiana etc. could prove be effective healers.

5.Nomenclature should be changed and state government should begin the process of giving moral, social and psychological healer to the orphans.

6. A separate monitoring body for the orphanages should be crafted.

7. Services of renowned psychologists, neurologists, Psychiatrists should be taken

Writer is a Journalist, presently associated with Jammu and Kashmir's highly reputed and largest circulated daily "The Kashmir Times". He can be contacted at [email protected]

 

 

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