No human shield in Valley: Army asked to better ties with Kashmiri locals

A popular saying in the Kashmir Valley goes "Jawan aur awam, aman hai mukaam". It means 'good relationship between the Army and natives will bring peace here'. 

However, the act of using Farooq Ahmed Dar as human shield may have caused much damage.

On April 9, Dar, a shawl weaver, was taken hostage by Major Leetul Gogoi in the Budgam area of Jammu and Kashmir. His act was commended by Army chief Bipin Rawat "for sustained efforts in counter-insurgency operations" in J&K. However, according to a report published in Times of India, the word that has quietly gone out to officers is not to follow such measures.

"Personally, I think it wasn't correct, but since I was not at the place of the incident, I don't know what was going on in the officer's mind. Although he has been feted for his action, a subtle message has been passed in various Army formations operating in J&K to not follow his example. We have been asked to focus more on bettering relations with locals rather than taking such measures," an Army Major who recently got posted out of Kashmir told TOI.

Senior retired officers said the action taken by Gogoi might encourage other officers to "improvise likewise" but the results may not always be positive and it is breaking away from disciplinary norms of defence forces. 

Make peace with Kashmiris - better late than never

Army Chief General Bipin Rawat stoutly defended the use of a Kashmiri as a 'human shield'. He said, "This is a proxy war and proxy war is a dirty war. It is played in a dirty way. The rules of engagements are there when the adversary comes face-to-face and fights with you. It is a dirty war.... That is where innovation comes in. You fight a dirty war with innovations."

Rawat added that it would have been easier for the armed forces if the protesters were firing weapons instead of throwing stones.

"In fact, I wish these people, instead of throwing stones at us, were firing weapons at us. Then I would have been happy. Then I could do what I (want to do)," he said.

However, there is a shift in the mood. After Major Leetul Gogoi's aggressive act, officers posted in Valley have been asked to work on bettering relations with local residents, says TOI. A few of the serving officers who have seen action in Kashmir said that though the Army has always given importance to building better relations with locals, it has become all the more important after Gogoi's action.

For India, Major Leetul Gogoi is hero, while for people of Kashmir, his intention is under question. Gogoi had tied Dar to the front of their jeep and drove him around the district for several hours, warning bystanders on a loudspeaker that this would be the fate of anyone caught throwing stones at the security forces.

Using human shield: From Genghis Khan to World War

Instances of the use of civilians as a way to discourage enemy fire can be found from as far back as the conquests of Genghis Khan in the early 13th century through to the 2 World Wars.

The Geneva Conventions and protocols laid down rules on the treatment of soldiers, civilians, prisoners of war, etc. in times of war and armed conflict. Human shields have, however, continued to be used by both state and non-state actors even into the 21st century.

According to a report published in The Wire, use of a civilian as a hostage, or ‘human shield’, was a violation of the right to life and liberty enshrined in the Indian constitution. It was also a violation of international law, since India is a party to the Geneva Conventions of 1949.

“The following acts are and shall remain prohibited at any time and in any place whatsoever with respect to [persons taking no active part in the hostilities] …  (b) the taking of hostages; (c) outrages upon personal dignity, in particular humiliating and degrading treatment.”

"No one shall be subjected to arbitrary arrest or detention… No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”