Why Justice Remains Elusive for Kashmiri Pandits: A Question of Double Standards in Governance and Judiciary — Kundan Kashmiri

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Despite countless pleas for justice, the Kashmiri Pandit community has been met with cold indifference, leaving unanswered the critical question: why is justice denied to the most nationalist and victimized community of independent India, who faced the most horrifying episode of massacres, loot, arson, rapes, and mass displacement, and continues to be ignored by successive governments, judiciary, and even media?

 

The Supreme Court of India, a pillar of hope for countless victims of injustice, dealt a devastating blow when it dismissed the Kashmiri Pandit genocide case, citing the passage of time as the rationale for its refusal to reopen investigations. This reasoning is baffling and deeply unjust when cases like the 1978 Sumbal massacre in Uttar Pradesh and the 1984 Sikh genocide are actively pursued decades after they occurred. Why should the ethnic cleansing of Kashmiri Pandits, which happened in 1990, be an exception? Does the value of justice diminish over time?

 

The judiciary, which stands as the last resort for victims, has chosen to remain silent. The executive branch has failed to lodge FIRs, arrest the culprits, or conduct inquiries into the heinous crimes committed during the ethnic cleansing. The legislative bodies, which should represent and protect all citizens, have ignored the plight of Kashmiri Pandits for 35 years. The media, often touted as the fourth pillar of democracy and the voice of the voiceless, has abandoned its responsibility to investigate, expose, and hold accountable those who orchestrated and facilitated this tragedy.

 

The atrocities committed against the Kashmiri Pandit community are staggering. Hundreds were brutally massacred, homes and temples were destroyed, women were subjected to inhuman atrocities, including rape and mutilation, and properties were looted with impunity. Families were forced to flee their ancestral homeland under the threat of death, leaving behind their land, heritage, and dignity. This was not just a communal riot; it was a meticulously planned genocide aimed at erasing the existence of an entire community.

 

Yet, no commission of inquiry was ever constituted to identify the masterminds behind this carnage. No attempt was made to investigate the hidden hands that orchestrated the ethnic cleansing. Despite repeated calls for justice, the government and judiciary have turned a blind eye, eroding the faith of the Kashmiri Pandit community in the very institutions meant to protect them.

 

The inaction of the Indian government and judiciary has sent a chilling message: justice is not for all. While cases like the Sikh genocide and Sumbal massacre are pursued relentlessly, the Kashmiri Pandit genocide remains ignored. This glaring double standard raises serious questions about the integrity of India’s democratic institutions.

 

Why has no serious media trial been conducted to expose the crimes committed against the Kashmiri Pandits? Why have investigative journalists failed to uncover the truth behind the killings, loot, arson, and rapes? The silence of the media, both national and international, is deafening and shameful.

 

For the Kashmiri Pandits, who are among the most nationalist and law-abiding citizens of India, this betrayal is unbearable. Where should they go when neither the judiciary, the executive, nor the legislature listens to their cries for justice? How long can a community endure such neglect and humiliation?

 

The time has come for the Indian government and judiciary to rectify this grave injustice. A full-scale investigation into the atrocities committed against Kashmiri Pandits must be initiated. The culprits must be identified, arrested, and brought to justice. A special commission of inquiry should be constituted to uncover the truth and provide closure to the victimized community.

 

The silence of the media must be broken. Journalists and media houses must take up the cause of Kashmiri Pandits with the same vigor and determination they have shown in other cases of injustice.

 

The nation must also remember that justice for Kashmiri Pandits is not just about punishing the culprits. It is about rebuilding the lost cultural, spiritual, and social identity of this ancient community. It is about ensuring their dignified return to their homeland, with proper security and the restoration of their properties, temples, and cultural landmarks.

 

The youth of India must be sensitized about this chapter of history, so future generations understand the depth of the tragedy and work collectively to prevent its recurrence. This is not just a Kashmiri Pandit issue; it is an issue of human rights, democratic values, and the moral fabric of the nation.

 

If the government, judiciary, and media continue to ignore the plight of Kashmiri Pandits, they risk eroding the faith of an entire community in the democratic institutions of the country. Justice delayed is justice denied, and in this case, justice has been outrightly refused.

 

The Kashmiri Pandit community, despite its immense suffering, remains a beacon of resilience and nationalism. It is time for the nation to acknowledge its sacrifices and give it the justice it deserves. The question is not just about justice for Kashmiri Pandits; it is about the credibility and integrity of India as a democratic nation. Will India rise to the occasion, or will it allow this injustice to remain a permanent blot on its conscience?

 

The history of independent India will remain incomplete and tainted until the Kashmiri Pandit community receives the justice it has been denied for decades. Their struggle is not just their own; it is a test for the nation’s commitment to truth, justice, and equality.

 

[Kundan Kashmiri]

 

Kashmir watcher and President, Kashmiri Pandit Conference (KPC)Mobile No: 880 2167955–Email: kundankashmiri@gmail.com

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